Advocates for individuals with mental illness won a major victory yesterday when a federal court ordered that New York State develop a minimum of 4,500 supported housing units over the next three years to accommodate current and future residents of adult homes in New York City. 

Judge Nicholas G. Garaufis of Federal District Court in Brooklyn had previously ruled that the State had “denied thousands of individuals with mental illness in New York City the opportunity to receive services in the most integrated setting appropriate to their needs,” and that these actions constitute discrimination in violation of Title II of the Americans with Disabilities Act. 

In yesterday’s decision, Judge Garaufis rejected a remedial plan offered by the State which would have developed just 200 units a year for five years while educating adult home residents about other housing options.

“Defendants have submitted a proposal that scarcely begins to address the violations identified by the court,” write Judge Garaufis. “Worse still, many aspects of their proposal directly contradict the court’s explicit findings of fact made after trial. The court is disappointed and, frankly, incredulous that Defendants sincerely believed this proposal would suffice.”

Instead, the Judge ordered a plan proposed by Disability Advocates, Inc. (DAI) which had brought the lawsuit.  “Within four years of entry of this Order, Defendants shall ensure that (a) all Current Adult Home Residents who desire placement in supported housing have been afforded such placement if qualified, (b) all Future Adult Home Residents who desire placement in supported housing are promptly afforded such placement if qualified, and (c) no individual with mental illness who is qualified for supported housing is offered placement in an Adult Home unless, after being fully informed, he or she declines the opportunity to receive services in supported housing,”  ordered the judge.

“During each of the first three years following entry of this Order, Defendants will develop a minimum of 1,500 supported housing beds for DAI’s Constituents. Defendants will continue to develop supported housing beds for DAI’s Constituents at a rate of 1,500 per year until such time as there are sufficient supported housing beds for all of DAI’s Constituents who desire such housing.”

“We are thrilled ,” said Cliff Zucker, Executive Director of Disability Advocates, Inc. “This is a great order which when implemented it will remedy a situation which has been a disgrace for decades.  New York has permitted the warehousing of thousands of people with mental illness who are cash cows for the adult home industry and have no need to be in institutional settings.”

“The State is reviewing the ruling … and is evaluating whether to file an appeal,” said a spokesperson for Governor Paterson.

“Judge Garaufis’ decision is a positive – and decades overdue -- ruling for the thousands of mentally ill New Yorkers who have been languishing in the City’s adult homes,” said Ted Houghton, Executive Director of the Supportive Housing Network of New York. “Everyone deserves a decent place to live, and New York’s nonprofit providers have developed a comprehensive range of housing and services models that can meet virtually every individual’s need for both independence and support, regardless of the type and severity of their disabilities. While cost to the taxpayer is always a concern with any change of this magnitude, in this case, moving folks from adult homes to supportive housing will actually save money.  The Supportive Housing Network applauds Judge Garaufis’ vision and we look forward to working with the State to implement his decision with all due speed.”

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