National Association for Rights Protection and Advocacy

The New York Adult Home Settlement:
New Opportunities and Challenges

Cliff Zucker, J.D. & Jennifer Mathis, J.D.

This workshop will discuss the settlement agreement in O'Toole v. Cuomo and United States v. New York. This settlement resolves a class action lawsuit brought by residents of 23 adult homes in New York City and a parallel lawsuit brought by the Justice Department challenging New York State's use of large, segregated adult homes to warehouse individuals with psychiatric disabilities. The private plaintiffs and the United States brought claims under the ADA's integration mandate and sought to require the state to afford adult home residents with psychiatric disabilities the opportunity to live in their own apartments and to receive needed services on a voluntary basis. The agreement must be approved by the court after a fairness hearing. The workshop will also provide the background for this settlement (including the previous Disability Advocates Inc. v. Cuomo lawsuit) and describe the adult home industry's role in the litigation, pending challenges to new state regulations barring new admissions of individuals with psychiatric disabilities to the homes that are the subject of the litigation, and anticipated challenges in the implementation of the O'Toole settlement once it is approved.

Link to brief presenter bios:

Cliff Zucker

Jennifer Mathis