including, but not limited to, seeking a copy of petitioner's contract with OMH ; all other
documents of state and federal funding to establish a relationship with OMH; and all
correspondence with OMH about the respondent; all leases and agreements with respondent;
respondents records and correspondence and e-mails between the parties.
PETITIONER:
The petitioner cross-moves for a judgment in its favor, the granting of U & O amended to
date, and for an order to strike the defenses in the event it is denied summary judgment.
At the outset, the petitioner emphatically states that it is not a for-profit corporation with
funding from OMH. It further maintains that there is no written contract with OMH and it
receives no federal funds. The petitioner states that it does not own any buildings or apartments.
It subleases individual apartments to participants in its program who must share the apartment
with a roommate. The monthly housing fee for the respondent is 30% of his monthly income,
which in this case amounts to a $155 per month payment by the respondent, as of January 2007.
The petitioner rents the room from the owner at a rate of $992.33 per month.
The mandates for the petitioner in the operation of its program are set forth in the NYS OMH
Supported Housing Implementation Guidelines. The petitioner also has its own Manual [*4]which is consistent with the OMH Guidelines. All rooms, as noted
above, require two roommates. As previously stated, the respondent has complained on many
occasions of issues with his former roommates and petitioner made numerous efforts to resolve
those issues in the past. After a resolution of a prior proceeding in 2004, wherein the respondent
agreed to vacate the subject premises fell through, the petitioner decided to give the respondent