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Subject:  Inaccessibility of Community Residences to Persons with Mobility Impairments.

Pruitt v. Surles, No. 90 CV 00134 (NDNY 1989)

In 1990, Disability Advocates filed a class action lawsuit alleging that the N.Y.S. Office of Mental Health (OMH) community residence program was inaccessible to persons with mobility impairments.   The complaint made claims under Section 504 of the Rehabilitation Act and the Fair Housing Amendments Act.   In March 1993, the plaintiff and OMH signed a stipulation of settlement in which OMH agreed to amend its regulations governing the construction and modification of community residences to require that the residences be developed in accordance with federal accessibility requirements.  OMH also agreed to adopt regulations governing the licensing and operation of community residences to ensure that persons with mobility impairments are not unnecessarily excluded from community residences because of fire safety concerns and to ensure that persons with disabilities enjoy appropriate access to community residence programs and activities.  OMH also agreed to make all of its state-operated community residences accessible through architectural modifications.