Persons with Mental Illness Fight Back Against State Rules That Limit Their Rights to Live Where They Want

ALBANY, NY (11/30/2016)(readMedia)-- In a recent spate of lawsuits, persons with mental illness are suing the New York State Department of Health and the Office of Mental Health Commissioners for depriving them of their right to choose where to live. The lawsuits, two in Albany County, and one each in Dutchess and Kings County, were filed on behalf of persons with mental illness arguing that regulations passed by the Department of Health and Office of Mental Health in 2013 limit housing options for persons with mental illness and discriminate against them solely on the basis of their mental illness.

The Petitioners want to be free to exercise the same right to live in an adult home or anywhere in the community that they would enjoy if their disabilities were purely physical. Using fictitious names to protect identities, Petitioners contend that being refused the right to choose where to live violates federal and state laws, including the Americans with Disabilities Act, the Fair Housing Act, the state Human Rights Law, and the constitutional right to choose with whom to associate.

Adult homes around the state have joined the effort citing that the regulations effectively force them to unlawfully discriminate in housing and services, ultimately leaving the adult homes liable for illegal discrimination forced upon them by the State.

Jeffrey J. Sherrin of O'Connell and Aronowitz, the Albany attorney representing the individuals and adult homes, says that these lawsuits are just the beginning. "We intend to bring many more cases around the state until the rights of adults to choose where to live and where to obtain services is not deprived them solely due to their mental illness," said Sherrin.

Sherrin anticipates filing additional lawsuits shortly against the State, as well as against housing and service providers that failed to live up to their promises about the quality of life mentally ill people would enjoy in their own apartments.

"You should not be allowed to lure seriously mentally ill, vulnerable people away from their adult homes with promises of new, independent and well-attended lives in their own apartments and then fail to deliver," said Sherrin. "The circumstances of many of these people, isolated and uncared for in their scattered apartments are tragic. To then tell them they are not allowed to return to their adult homes due to these regulations is inhumane and discriminatory," added Sherrin.

Petitioner John Doe, a former adult home resident currently living in his own apartment, wants to move back into the adult home. "I am very lonely and isolated in my apartment. I do not have any opportunity to socialize and interact with my peers," he said. With limited housing options due to state regulations, he is frustrated and secluded.

"My mental health diagnosis shouldn't prevent me from living where I want to live. This is a matter of choice, and I am denied that choice solely because I have a mental illness," Doe continues. His wish to move back into an adult home is supported by his sister, who seeks the safety and security of an adult home for her brother. Her efforts to get approval from the Department of Health, however, have been ignored.

"This stigmatizing and categorizing all people with mental illness the same, effectively depriving them of their rights, is a concept that we thought went out of favor decades ago. Unfortunately, we have seen it return in these regulations," Sherrin said.

Shelley Wagar Sabo, Executive Director of the New York State Center for Assisted Living, says of her statewide organization, "We fully support these lawsuits and the vindication of one's right to live where one chooses, whether one has a mental illness or not."

Please direct any questions about these lawsuits, the O'Connell and Aronowitz law firm or its services, to Firm president Jeffrey J. Sherrin (jsherrin@oalaw.com) or by phone at (518) 462-5601.