On October 13, 1977, following a hearing on the same date, Special Term granted a preliminary injunction restraining defendants from violating the order of Acting Commissioner Shang.
Plaintiffs initiated the present action for a preliminary and permanent injunction restraining defendants from violating Acting Commissioner Shang's order through an order to show cause issued on October 6, 1977. Defendants rejected the acting commissioner's order on October 3, 1977. The Social Services Department was given jurisdiction over private proprietory homes for adults under chapter 669 of the Laws of 1977, effective October 1, 1977. The order was issued pursuant to section 460-d of the Social Services Law. on October 1, 1977, directed the operators not to evict residents of their homes who are receiving SSI benefits, to maintain the same level of care, and to inform the residents involved of the terms of this order. In response to advice from defendants that residents of the homes receiving SSI would be evicted on or about Octodue to the insufficiency of their payments, the Department of Social Services, through an order issued by Acting Commissioner Shang at 12:22 a.m. An estimated 65% to 80% of the residents of defendants' homes receive supplemental security income (SSI) which they use in payment for care rendered in the homes. Defendants herein are the State Association of Homes for Adults, Inc., and its membership, operators of 45 private proprietory homes for adults (PPHA) located in the New York City area.
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