Allende v. Turner

No. 400195/00 (N.Y. Sup. Ct. Apr. 6, 2001) ; Clearinghouse Number: 53856

Description

Issue of Giving Untimely Assistance and Accommodation to Mentally Disabled Persons Is Not Moot

Abstract

The court found that the issues of giving timely assistance and accommodation to mentally disabled persons and failing to promulgate and follow, in accordance with the American with Disabilities Act, policies and procedures for disabled persons applying for protective services and public assistance were not moot and denied dismissal of those claims. Petitioner, a mentally disabled mother of two minor children, lived in a rent-stabilized apartment with a monthly rent of $368.40 and received monthly Supplemental Security Income benefits of $523. Although her children were eligible for public assistance, they were not receiving it because petitioner could not manage the application process. When petitioner fell behind in her rent payments, her landlord evicted her; with legal assistance, she regained possession upon signing a stipulation to pay rent arrears. Suing state and local officials, petitioner challenged the nearly three-month delay before respondents began to give her any subsistence benefits and services. She alleged violations of the Americans with Disabilities Act, Rehabilitation Act, state constitution, state laws and regulations, and administrative directives and procedures. Finding the action moot as to petitioner’s claims that respondents failed to assist her in applying for public assistance for her children and failed to give her funds to pay rent arrears, the court dismissed those claims. However, the court agreed with petitioner that city respondents’ failure to provide timely assistance and accommodations to disabled persons who risked eviction was an exception to the mootness doctrine. The court explained that respondents’ conduct was capable of repetition yet repeatedly evaded review.

Additional Information

Attorney Information
Plaintiffs represented by John C. Gray, Julie Rea, Brooklyn Legal Services Corp. B, 105 Court Street, Brooklyn NY 11201 (718.237.5500)
Docket Date
2001-04-06 00:00:00+00:00