State Must Provide Supported Housing for Mentally Ill

Disability Advocates, a nonprofit legal services group, sued the State of New York, claiming violation of the federal Americans with Disabilities Act and the Rehabilitation Act for failure to provide the option of supported housing to 4,300 mentally ill residents of institutional adult homes. Disability Advocates claimed that the state should provide more individual apartment housing with support services so that the residents could choose to integrate into the community. The court ruled for the residents and refused to delay its decision pending appeal. The state was ordered to develop 1,500 supported residences for the mentally ill per year for at least the next three years. The court said that the state had little likelihood of success on appeal and that the public interest favored swift implementation of the order to provide assisted housing.

Disability Advocates v. Paterson: NYLJ, 3/2/10, p. 25, col. 3 (EDNY; Garaufis, J)