Group Homes Didn't Discriminate Against Residents Based on Disability
LVT Number: #25456
Two developmentally disabled residents lived in separate supervised group homes. After dating for seven years, they got married and sought an accommodation so that they could live together at one of the group homes. The group homes opposed housing the couple together. The couple then sued the group homes in federal court. Among other things, they claimed housing discrimination based on disability. The court ruled against the residents. While the residents claimed discrimination based on disability, the group homes’ refusal to accommodate their request to cohabit was instead based on their status as a married couple. So they had no claim under either the Americans with Disabilities Act, the Federal Housing Act, or the Rehabilitation Act. Residents also had no claim under the Fair Housing Act because they were neither buyers nor renters but received supervised housing as part of their Medicaid services.
Forziano v. Independent Group Home Living Program, Inc.: Index No. CV 13-0370, 2014 WL 1277912 (EDNY; 3/26/14; Wexler, J)