Williams v. Rochester Housing Authority

No. 03 CV 6005 (W.D.N.Y April 8, 2005) ; Clearinghouse Number: 55822

Description

Rochester Housing Authority Agrees to Adopt Section 8 Policies Reasonably Accommodating Recovered Substance Abusers with Criminal Records

Abstract

Rochester Housing Authority and plaintiffs, who are recovered substance abusers with prior criminal records, signed a consent decree requiring housing authority to adopt new Section 8 admission policies reasonably accommodating plaintiffs by waiving objections to prior criminal activity for admission purposes. Citing its Criminal Activity Policy, housing authority had denied plaintiffs’ Section 8 applications. Plaintiffs sued housing authority for refusing—in violation of the Fair Housing Amendments Act and Section 504 of the Rehabilitation Act of 1973—to consider a rehabilitated substance abuser as a person with disabilities. They contended that the Fair Housing Amendments Act and Section 504 required that, upon demonstration of plaintiffs’ recovery from addiction, housing authority must make a reasonable accommodation of their disabilities and thereby waive its objection to their criminal record. Plaintiffs also argued that housing authority violated federal regulatory requirements and due process rights by failing to give them written notice of their right to an administrative review. The consent decree requires housing authority to adopt and implement in its Section 8 Voucher Program Administrative Plan policies that will serve as models for the admission of recovered substance abusers with criminal records. The policies call for housing authority to review evidence of successful substance abuse rehabilitation to evaluate whether to grant applicants a reasonable accommodation and waive applicants’ prior criminal record for admission purposes. Housing authority must also train its employees and agents on these policies.

Additional Information

Attorney Information
Plaintiffs represented by Louis Prieto, Managing Attorney, Monroe County Legal Assistance Center, Division of Legal Assistance of Western New York, 80 St. Paul St., Suite 700, Rochester, NY 14604 (585.325.2520).
Docket Date
2005-04-08 00:00:00+00:00
Attorney Email
lprieto@wnylc.com