The YAI/NIPD Network has won a major legal victory to advance the civil rights of people with disabilities to live in their communities. The Bennett, a Washington Heights condominium, had previously blocked YAI/NIPD from purchasing two apartments to create a residence for five people with developmental disabilities. Thanks to the settlement, YAI/NIPD closed on the condos on May 8, 2007.

The victory has major implications, not just for the five individuals who will be moving into their new home, but for all people with disabilities who desire to live in the community. It is considered a defining moment in YAI's history.

YAI/NIPD had never filed a lawsuit in connection with the purchase of a residential property in its 50-year history. Deciding to take legal action was consistent with the organization’s longstanding tradition of promoting the rights of people with disabilities through advocacy, public education and media outreach.

Settlement Thrills Parent

Margaret Puddington, whose son Mark will move into the residence, was thrilled with the outcome.

“We are happy beyond words that the right of our children to live in a home in our community, just like everyone else, has been affirmed,” said Mrs. Puddington, 65. “We are absolutely confident that our wonderful children will soon win the hearts of their neighbors in The Bennett.”

Clifford Chance Joins Fight Pro-Bono

On December 22, 2006, after the condo’s board of managers acted to prevent YAI/NIPD from purchasing the apartments, including exercising its right of first refusal in favor of other buyers, YAI/NIPD sued the board, its managing agent and others, asserting violations of the Federal Fair Housing Act and New York's Human Rights Law. YAI/NIPD was represented pro bono by a team of Clifford Chance lawyers.

Roberta Koenigsberg, YAI/NIPD’s Director of Legal Affairs, praised the firm’s efforts. “Clifford Chance’s legal team demonstrated a real passion and commitment to the case,” she said. “The way they analyzed the issues and developed a strategy was extraordinary. I know the team worked incredibly hard and we are so very grateful.”

Judge’s Ruling Leads to Settlement

On March 30, 2007, United States District Judge Alvin K. Hellerstein entered an order in favor of YAI/NIPD.

“It’s really not tolerable in New York City in the United States of America at this point in time to stand in the way of this sale,” Judge Hellerstein said at the hearing. People with disabilities “need to be able to live in dignity and the law does not allow discrimination.”

“People with disabilities face significant challenges every day of their lives. Something as basic as having a place to live shouldn't be one of them,” said James F. Moyle, a Clifford Chance partner who led the firm’s team on this case. “The court’s powerful ruling granting our motion opened the door for this fantastic resolution.”

Struggle for Basic Rights

While gratified by the decision, Thomas A. Dern, YAI/NIPD’s Associate Executive Director, said the settlement was a reminder of how far our field still has to go in educating the community. “There’s a sense of sadness that 30 years after the closing of the Willowbrook State School, people with disabilities still have to fight for basic civil and human rights,” he said.