Resource: O'Toole v. Cuomo [Formerly DAI v. Cuomo]

By: The Bazelon Center

January 1, 2017

In an enormous victory for more than 4,000 New Yorkers living in large private “adult homes,” on March 1, 2010 the Eastern District Court of New York ordered the State to afford all qualified residents an opportunity to move into supported housing where they can receive mental health and social services in their own apartments and homes. After a month-long trial in May and June of 2009, the court had ruled on September 8 that New York State violates the Americans with Disabilities Act and Section 504 of the Rehabilitation Act by unnecessarily segregating people with mental illnesses in these 120-plus bed facilities, contrary to the Supreme Court’s Olmstead ruling. The complaint, filed in 2003, alleged that the “homes,” which house former psychiatric hospital patients, lack the staff, resources or mandate to provide integrated housing and services to promote community living.