Family Alliance for the Mentally Ill v. City of Fresno

CV-F-96-5349 OWW DLB (E.D. Cal. filed Apr. 8, 1996). ; Clearinghouse Number: 51157

Description

Persons with Mental Disabilities Challenge Fresno’s Opposition to Supported Housing

Abstract

Plaintiffs have filed their complaint against defendant city officials’ refusal to fund a residence for developmentally disabled residents. Plaintiffs, an advocacy organization for persons with mental disabilities and two persons with mental disabilities, allege that defendants fueled opposition and blocked funding for the rehabilitation of low-income, independent, supported housing for people with mental disabilities; as a result, they have lost the opportunity to obtain a 22-unit apartment building at no cost. Plaintiffs assert that the City of Fresno continues to lack a single supported housing complex for people with mental disabilities. They claim that defendants are in violation of the Fair Housing Act of 1968, as amended by the Fair Housing Amendments Act of 1988, 42 U.S.C. §§ 3601 et seq., the California Fair Employment and Housing Act, section 504 of the Rehabilitation Act, 29 U.S.C. § 794, and the Americans with Disabilities Act, 42 U.S.C. §§ 12131 et seq. Plaintiffs seek to enjoin defendants from, inter alia, continuing to deny funding for the rehabilitation and development of the project or from obtaining independent supported housing for people with disabilities; interpreting "open" or affirmative marketing requirements to disallow the funding or development of housing for people with disabilities; and requiring plaintiffs to obtain a use permit to rehabilitate and operate independent supported housing for people with disabilities. Plaintiffs also seek damages, civil penalties, and costs and attorney fees.

Additional Information

Attorney Information
Plaintiffs represented by Jack Daniel, Theda Saffo, Central California Legal Services, 2014 Tulare, Suite 600, Fresno, CA 93721, (209) 441-1611; Diane Chin, Kimberly Swain, Eric Gelber, Steven McGinty, James Preis, Dara Schur, Richard Rothschild.
Docket Date
1996-04-08 00:00:00+00:00