Abstract
Few people doubt the fundamental importance of housing. It is, after all, where we live. It gives us shelter from the elements; thus, we want it to be decent, safe, and sanitary. We also want our housing to be affordable, giving us security against eviction and displacement. More fundamentally, housing gives us respite from the congress of social life. It is where we want to be nurtured and where we nurture our families. Without a home, we have no center, no stability.1
Brian S. lived in a privately owned and operated group home funded by the state department of mental health. The home suffered from a series of physical conditions that violated local health and safety law. Brian complained to program staff about the bad conditions. He was ignored. He then called the local board of health, which inspected the facility and confirmed the existence of the unsanitary situation. Following the inspection, the program staff told Brian that his complaint to the board of health indicated that he was uncooperative and not ready for community living. He was offered a choice: voluntary commitment in a local state hospital or an immediate eviction from the group home. He declined to be hospitalized and was put out of the home that afternoon. He remained homeless for several days.
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References
Alexander v. Choate, 469 U.S. 287 (1985).
Carr v. Friends of the Homeless, No. 89-LE-3942-S (Hampden Div., Mass. Housing Court 1990 ).
Chester Commons v. Bernasconi, No. 93-SP-3021 (Hampden Div., Mass. Housing Court 1994).
City Wide Assoc. v. Penfield, 409 Mass. 140 (1990).
Cranston-Gonzales National Affordable Housing Act, 42 U.S.C. §1437 et seq. (1990).
Cruzan v. Dir., Missouri Dept. of Health, 110 S. Ct. 2841 (1990).
Department of Justice regulations, 28 C.F.R., Part 35 (1991).
Fair Housing Act Amendments of 1988, 42 U.S.C. §3604, et seq.
Fischer v. Taub, 491 N.Y.S. 2d 538, 127 Misc.2d 518 (Sup. Ct., Appl. Term, 1st Dept. 1984 ).
Gilligan, C. (1982). In a different voice. Cambridge, MA: Harvard University Press.
Gilligan, C., Ward, J. V., Taylor, J. M., and Bardige, B. (Eds.) (1988). Mapping the moral domain. Cambridge, MA: Harvard University Press.
H. R. Rep. No. 122(I), 100th Cong., ist Sess. (1987).
H. R. Rep. No. 711, 100th Cong., 2d Sess. (1988).
H. R. Rep. No. 485(III), 101st Cong., 2d Sess. (1990).
H. R. Rep. No. 760, 102d Cong., 2d Sess. (1992).
Hitov, S. (1992). Ending homelessness among mentally disabled people. New England Journal of Public Policy, Special Issue (Spring/Summer).
Housing Act of 1959,12 U.S.C. §1701 et seq.
Housing Act of 1964, Pub. L. No. 88–560, 78 Stat. 769.
Housing Act of 1974, Pub. L. No. 93–383, 88 Stat. 669.
Housing and Community Development Act of 1987, Pub. L. No. 100–242, 101 Stat. 1815 (1988).
Housing and Community Development Act of 1992, 42 U.S.C. §11301, et seq. Housing and Urban Development Act of 1992, 42 U.S.C. §11391 (1992).
HUD, Group homes funded under section 202 and section 811, Notice 93–36 (1993). HUD, Rehabilitation Act rules, 24 C.F.R. Part 8. (1988).
HUD, Shelter plus care program regulations, 24 C.F.R. §582.315 et seq. (1992).
HUD, Supportive housing program regulations, 24 C.F.R. §583.300 et seq. (1992).
Mental Health Systems Act, 42 U.S.C. §9401, et seq. (1980).
Metalsky v. Mercy Haven, Inc., 594 N.Y.S. 2d 124, 156 Misc.2d 558 (N.Y. Sup. Ct. 1993 ).
Milstein, B., Pepper, B., and Rubenstein, L. (1989). The Fair Housing Amendments Act of 1988: What it means for people with mental disabilities. Clearinghouse Review, 23, 128.
Milstein, B., Rubenstein, L., and Cyr, R. (1991). The Americans with Disabilities Act: A breathtaking promise for people with mental disabilities. Clearinghouse Review, 24, 1240.
Monahan v. Dorchester Counseling Center, Inc., 770 F. Supp. 43 (D. Mass. 1991 ).
Protection and Advocacy for Mentally Ill Individuals Act of 1991, 42 U.S.C. §10801 et seq.
Rehabilitation Act of 1973, §504, 29 U.S.C. §701, et seq.
Roe v. Sugar River Mills Assoc., 820 F. Supp. 636 (D.N.H. 1993 ).
Serreze v. YWCA of Western Massachusetts, 30 Mass. App. Ct. 639, 572 N.E. 2d 581 (1991).
Southeastern Community College v. Davis, 442 U.S. 397 (1979).
Stone, M. (7.993). Shelter poverty: New ideas on housing affordability. Philadelphia: Temple University Press.
Tribe, L. (1975). Structural due process. Harvard Civil Rights and Civil Liberties Law Review, 10, 269.
Woodbridge v. Worcester State Hospital, 384 Mass. 38 (1981).
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© 1996 Springer Science+Business Media New York
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Korman, H., Engster, D., Milstein, B.M. (1996). Housing as a Tool of Coercion. In: Dennis, D.L., Monahan, J. (eds) Coercion and Aggressive Community Treatment. The Springer Series in Social Clinical Psychology. Springer, Boston, MA. https://doi.org/10.1007/978-1-4757-9727-5_7
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DOI: https://doi.org/10.1007/978-1-4757-9727-5_7
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