In 2003, Disability Advocates, a nonprofit legal group, sued New York Governor David Patterson, the state’s Department of Health and Mental Health, and other defendants “on behalf of individuals with mental illness residing in, or at risk of entry into, ‘impacted adult homes’ in New York City.” The complaint alleged that adult homes are for-profit, large warehouse-like facilities that house hundreds of residents.
After a five-week trial last year, U.S. District Judge Nicholas G. Garaufis found that the state “denied thousands of individuals with mental illness in New York City the opportunity to receive services in the most integrated setting appropriate for their needs,” adding that “these actions constitute discrimination” under the Americans with Disabilities Act and the Rehabilitation Act. The court noted that “virtually all” of the 4,300 mentally ill residents of adult homes were not in the most “integrated settings appropriate to meet their needs.” The judge then ordered the state to place all qualified mentally ill individuals in supported housing, if they choose, within four years.
In his most recent opinion, the judge criticized the state’s remedial proposal, saying it “scarcely begins to address the violations identified by the court.” The state proposed to create 200 supportive housing units per year over the next five years, for a total of only 1,000 new units. The judge wrote as follows:
The court is disappointed and, frankly, incredulous that defendants sincerely believe this proposal would suffice. As if failing to provide a meaningful remedy for current adult home residents were not bad enough, defendants also make absolutely no provision of supported housing for potential future adult home residents, ensuring that the violations found by this court will inevitably recur.
The judge also stated he will appoint a monitor to make sure the state complies with the order. For the full story, click here.
