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Subject: Exclusion of Housing for Persons in Recovery from  Alcoholism

Regional Economic Community Action Program, Inc. v. City of Middletown, et al.
Nos. 00-6318, 00-6354 (SDNY 2000)

Disability Advocates and Orans, Elsen & Lupert, LLP filed a lawsuit on behalf of the Regional Economic Community Action Program, Inc. (“RECAP”) alleging that the City of Middletown discriminated against RECAP on the basis of its clients’ disabilities by refusing to grant RECAP a special-use permit authorizing it to establish two halfway houses for recovering alcoholics.  Midway through trial, the parties settled.

Significant decisions:
Regional Economic Community Action Program, Inc. v. City of Middletown, et al.,
294 F.3d 35 (2d Cir. 2002)
The Second Circuit U.S. Court of Appeals reversed a grant of summary judgment to defendants, holding that individuals recovering from alcoholism who would have lived at a proposed halfway house were disabled for purposes of the ADA, FHA and Rehabilitation Act, and that plaintiff should have the opportunity to prove intentional discrimination at trial.