New York P&A Settles Zoning Case About Home for Individuals who are Recovering from Alcoholism

On the eve of trial, Disabilities Advocates, Inc., which is part of the New York P&A system, settled a case in which the city refused to permit a provider to build a home for individuals who were recovering from alcoholism and their children. The case went up to the Second Circuit Court of Appeals, which decided that the individuals were covered by the Americans with Disabilities Act, the Fair Housing Act and the Rehabilitation Act. The circuit court sent the case back to the lower court to determine whether the city’s stated reasons for denying the permit were a pretext for discrimination and whether the city retaliated against the provider for filing a discrimination complaint. The terms of the settlement are confidential.