Laura
05-26-2007, 01:00 AM
NY BigLaw Team Scores Big Win for Disabled (http://www.nylawyer.com/display.php/file=/probono/news/07/052507a)
New York Lawyer
May 25, 2007
By Thomas Adcock
New York Law Journal
Elegant outrage from Southern District Judge Alvin K. Hellerstein in a case of housing discrimination against the developmentally disabled has a team of Clifford Chance lawyers talking of their recent courtroom victory as potential landmark law.
"What does this precedent mean?" asked James F. Moyle, a Clifford Chance partner who led his firm's five-member pro bono team. He quoted the judge in answering his own question, "It's a grand slam home run for people with disabilities because he said, 'They are us as we are they.'"
Earlier this month, the Clifford Chance team reached a settlement in Young Adult Institute v. Board of Managers of The Bennett, 06 CV 15386.
In August 2006, the Young Adult Institute - a social services, education and training agency for people with developmental and learning disabilities - entered into contract to purchase two condominium units at upper Manhattan's The Bennett to create a group residence for five adults.
But the building's board of managers opposed the sale, despite the seller's willingness to transfer the property, despite various state and local approvals and despite favorable review by the community board of Washington Heights.
Jennifer Wendy, a senior associate at Clifford Chance who was second chair for the pro bono team, said objections included residents' concerns that the group home would violate condo rules and city zoning laws. In addition, the condo board twice attempted to exercise its "right of first refusal" in offering the two apartments to alternate buyers.
The suit was brought in December 2006 against The Bennett's board of managers and its managing agent, asserting violations of the Federal Fair Housing Act and New York's Human Rights Law.
After a March hearing on motions, Judge Hellerstein granted Mr. Moyle's motion for preliminary injunctive relief and denied the defendants' motions to dismiss.
"It's really not tolerable in New York City, in the United States of America, at this point in time, to stand in the way of this sale," said Judge Hellerstein, according to a transcript of the hearing. People with disabilities, he said, "need to be able to live in dignity, and the law does not allow discrimination."
Richard P. Marin of Marin/Goodman, counsel for The Bennett's board, told Judge Hellerstein that "none of the board members had a real comfort level with [the Young Adult Institute] . . . because of numerous things, including threats to sue them and hold them personally liable should they exercise the right of first refusal or otherwise interfere with their desire to purchase . . . those apartments," according to the transcript. Additionally, Mr. Marin complained at the hearing of "significant turnover of staff" at Young Adult and "overcrowding on some of their group homes."
Further, Mr. Marin denied that "discriminatory" comments made at the community board meeting, aimed at the developmentally disabled tenants who would live in the proposed group home, were voiced by any board members, although he acknowledged they might have come from other residents of The Bennett. He said the institute's motion for preliminary injunction was improper because "as a matter of law, the evidence put forth . . . does not show the imminent harm that would be caused to any of the proposed residents in a legally sufficient manner."
Judge Hellerstein then cited Title 42 of the Public Health and Welfare Laws as basis for ruling for plaintiff and against Mr. Marin's motion to dismiss.
At one point in the hearing, Judge Hellerstein interrupted Mr. Marin and said, "Look - every one of us, if we are fortunate enough not to have a disabled child or disabled relative, has a friend who has a disabled child or relative. They are part of our lives. They are created the same as you and I are created, in the image of God."
He added, "They deserve the dignity of life, and we in our communities can't play the game 'Not in my backyard.' They are us as we are they. They are entitled to their lives as we are entitled to our lives, and anyone who denies them that right to life irreparably damages them. There cannot be a more evident proof of irreparable damage than is shown in this case."
Mr. Moyle is equally passionate about the matter.
"This is the most gratifying experience of my professional career," said Mr. Moyle, whose regular practice involves complex class action defense.
In the pro bono matter for the Young Adult Institute/National Institute for People with Disabilities, the organization's formal name, Mr. Moyle and Ms. Wendy were assisted by Clifford Chance associates Mary Kay Dunning, Myrna Hernandez, Andreas A. Frischknecht and Simon Pedrotty. The firm volunteered 1,150 hours in the case, Ms. Wendy said.
Of the settlement reached, in which the institute agreed not to pursue punitive damages and legal fees, Mr. Moyle said, "We needed to move quickly because while it would take two years or so for the suit to wend its way through the court, the five individuals were in dire circumstances and needed a home."
Mr. Marin did not return a call for comment.
Ironically, one of the five had progressed to the point where he no longer qualified for residence in a home for lower-functioning developmentally disabled. Another was being cared for by an aging, physically disabled mother. And yet another was receiving tenuous care from his elderly parents, one of whom - Margaret Puddington, 65 - had recently suffered a heart attack.
At the March hearing, as Judge Hellerstein was ruling in plaintiffs' favor, Ms. Puddington sat sobbing in the gallery, Mr. Moyle said.
"They were tears of joy," he said. "She realized that this whole saga, trying to do something as simple as finding a place for her son to live, was finally coming to a close."
In its 50-year history, the institute had never before had to file a discrimination suit in connection with the purchase of property for a group home, according to Philip H. Levy, president of the organization.
Speaking for all the parents involved, Ms. Puddington said, "We are happy beyond words that the right of our children to live in a home in our community, just like everybody else, has been affirmed."
"Most of us are ordinary people who aspire to extraordinary lives," said Mr. Moyle. "The people we represented in this case are extraordinary people who want only to live ordinary lives. That's what this was all about."
After modifications are made to join the two apartments, the group home is set to open by late summer.
New York Lawyer
May 25, 2007
By Thomas Adcock
New York Law Journal
Elegant outrage from Southern District Judge Alvin K. Hellerstein in a case of housing discrimination against the developmentally disabled has a team of Clifford Chance lawyers talking of their recent courtroom victory as potential landmark law.
"What does this precedent mean?" asked James F. Moyle, a Clifford Chance partner who led his firm's five-member pro bono team. He quoted the judge in answering his own question, "It's a grand slam home run for people with disabilities because he said, 'They are us as we are they.'"
Earlier this month, the Clifford Chance team reached a settlement in Young Adult Institute v. Board of Managers of The Bennett, 06 CV 15386.
In August 2006, the Young Adult Institute - a social services, education and training agency for people with developmental and learning disabilities - entered into contract to purchase two condominium units at upper Manhattan's The Bennett to create a group residence for five adults.
But the building's board of managers opposed the sale, despite the seller's willingness to transfer the property, despite various state and local approvals and despite favorable review by the community board of Washington Heights.
Jennifer Wendy, a senior associate at Clifford Chance who was second chair for the pro bono team, said objections included residents' concerns that the group home would violate condo rules and city zoning laws. In addition, the condo board twice attempted to exercise its "right of first refusal" in offering the two apartments to alternate buyers.
The suit was brought in December 2006 against The Bennett's board of managers and its managing agent, asserting violations of the Federal Fair Housing Act and New York's Human Rights Law.
After a March hearing on motions, Judge Hellerstein granted Mr. Moyle's motion for preliminary injunctive relief and denied the defendants' motions to dismiss.
"It's really not tolerable in New York City, in the United States of America, at this point in time, to stand in the way of this sale," said Judge Hellerstein, according to a transcript of the hearing. People with disabilities, he said, "need to be able to live in dignity, and the law does not allow discrimination."
Richard P. Marin of Marin/Goodman, counsel for The Bennett's board, told Judge Hellerstein that "none of the board members had a real comfort level with [the Young Adult Institute] . . . because of numerous things, including threats to sue them and hold them personally liable should they exercise the right of first refusal or otherwise interfere with their desire to purchase . . . those apartments," according to the transcript. Additionally, Mr. Marin complained at the hearing of "significant turnover of staff" at Young Adult and "overcrowding on some of their group homes."
Further, Mr. Marin denied that "discriminatory" comments made at the community board meeting, aimed at the developmentally disabled tenants who would live in the proposed group home, were voiced by any board members, although he acknowledged they might have come from other residents of The Bennett. He said the institute's motion for preliminary injunction was improper because "as a matter of law, the evidence put forth . . . does not show the imminent harm that would be caused to any of the proposed residents in a legally sufficient manner."
Judge Hellerstein then cited Title 42 of the Public Health and Welfare Laws as basis for ruling for plaintiff and against Mr. Marin's motion to dismiss.
At one point in the hearing, Judge Hellerstein interrupted Mr. Marin and said, "Look - every one of us, if we are fortunate enough not to have a disabled child or disabled relative, has a friend who has a disabled child or relative. They are part of our lives. They are created the same as you and I are created, in the image of God."
He added, "They deserve the dignity of life, and we in our communities can't play the game 'Not in my backyard.' They are us as we are they. They are entitled to their lives as we are entitled to our lives, and anyone who denies them that right to life irreparably damages them. There cannot be a more evident proof of irreparable damage than is shown in this case."
Mr. Moyle is equally passionate about the matter.
"This is the most gratifying experience of my professional career," said Mr. Moyle, whose regular practice involves complex class action defense.
In the pro bono matter for the Young Adult Institute/National Institute for People with Disabilities, the organization's formal name, Mr. Moyle and Ms. Wendy were assisted by Clifford Chance associates Mary Kay Dunning, Myrna Hernandez, Andreas A. Frischknecht and Simon Pedrotty. The firm volunteered 1,150 hours in the case, Ms. Wendy said.
Of the settlement reached, in which the institute agreed not to pursue punitive damages and legal fees, Mr. Moyle said, "We needed to move quickly because while it would take two years or so for the suit to wend its way through the court, the five individuals were in dire circumstances and needed a home."
Mr. Marin did not return a call for comment.
Ironically, one of the five had progressed to the point where he no longer qualified for residence in a home for lower-functioning developmentally disabled. Another was being cared for by an aging, physically disabled mother. And yet another was receiving tenuous care from his elderly parents, one of whom - Margaret Puddington, 65 - had recently suffered a heart attack.
At the March hearing, as Judge Hellerstein was ruling in plaintiffs' favor, Ms. Puddington sat sobbing in the gallery, Mr. Moyle said.
"They were tears of joy," he said. "She realized that this whole saga, trying to do something as simple as finding a place for her son to live, was finally coming to a close."
In its 50-year history, the institute had never before had to file a discrimination suit in connection with the purchase of property for a group home, according to Philip H. Levy, president of the organization.
Speaking for all the parents involved, Ms. Puddington said, "We are happy beyond words that the right of our children to live in a home in our community, just like everybody else, has been affirmed."
"Most of us are ordinary people who aspire to extraordinary lives," said Mr. Moyle. "The people we represented in this case are extraordinary people who want only to live ordinary lives. That's what this was all about."
After modifications are made to join the two apartments, the group home is set to open by late summer.