DOH Revokes License for Adult Home Based on Violations

The New York State Department of Health (DOH) revoked the operating certificate of the operator of a licensed adult home. The operator appealed, claiming that DOH's decision was arbitrary and unreasonable. The court and appeals court ruled against the operator. The agency's decision was rational. The Brooklyn adult home housed 55 residents. DOH initiated an enforcement proceeding after finding numerous statutory and regulatory violations. During a hearing, the operator and DOH signed a settlement agreement in which the operator admitted that there was substantial evidence of the violations and agreed to pay a $40,000 civil penalty. The operator also agreed to fix nine separate conditions and that, if it failed to do so, DOH could revoke its operating certificate without a further hearing. DOH later sent landlord a letter revoking its license based on noncompliance with the agreement and put the home on a "do not refer" list. In light of the repeated and multiple violations still existing at the home, DOH's decision wasn't so disproportionate to the offense as to shock one's sense of fairness.

Halpert v. Shah: 2013 NY Slip Op 04337, 2013 WL 2500590 (App. Div. 2 Dept.; 6/12/13; Rivera, JP, Balkin, Dickerson, Cohen, JJ)