Court Ruling Opens Door for Community Residence

    NEW YORK, May 14 /PRNewswire/ -- Claiming a major victory for the
 rights of all individuals with disabilities, YAI/National Institute for
 People with Disabilities (YAI/NIPD) yesterday reached a settlement with The
 Bennett, a Washington Heights condominium that had previously blocked the
 organization from purchasing two apartments to create a group residence for
 five individuals with developmental disabilities. YAI/NIPD closed on the
 condos earlier today.
     "This victory has great implications, not just for the five individuals
 who will be moving into a lifetime home, but for all people with
 disabilities who desire to live in the community," said Dr. Philip H. Levy,
 President of YAI/NIPD. The agency had never filed a lawsuit in connection
 with the purchase of a property for a group residence in its 50-year
 history.
     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 on a
 pro bono basis by a team of Clifford Chance lawyers. Given the urgent need
 for the apartments, YAI/NIPD also filed a motion for a preliminary
 injunction, seeking to remove all impediments to their closing on the
 apartments and allowing them immediate access. The defendants opposed the
 motion and moved to dismiss the lawsuit.
     On March 30, 2007, after a hearing on the motions, United States
 District Judge Alvin K. Hellerstein entered an order in favor of YAI/NIPD,
 granting their motion for preliminary injunctive relief and denying the
 defendants' motions to dismiss.
     At the hearing, Judge Hellerstein said, "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." People with disabilities "need to be able
 to live in dignity and the law does not allow discrimination."
     In describing the five individuals with disabilities who will move into
 the Bennett after renovations are complete, Judge Hellerstein said, "They
 are entitled to their lives as we are entitled to our lives and anyone who
 denies them that right to life irreparably damages them. There cannot be a
 more evident proof of irreparable damage than is shown in this case."
     "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."
     Margaret Puddington, whose 26-year-old son Mark is among the five
 planning to move into the condos, was thrilled with the outcome. Mrs.
 Puddington had spent a year in conjunction with YAI/NIPD, reviewing more
 than 200 apartments before locating the two condominiums at The Bennett.
     "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."
     YAI/NIPD has been providing services for people with developmental and
 learning disabilities and their families throughout the New York
 metropolitan since 1957. It currently operates more than 100 residential
 programs -- including group homes and supported living apartments. For more
 information about YAI/NIPD and its services, visit http://www.yai.org or
 call 1-877-2-YAI-LINK.
     Media Contact:  Lynn U. Berman       Ashley A. Hill
                     YAI/NIPD             Clifford Chance
                     212-273-6199 W       212-880-5638 W
                     203-981-6938 Cell    609-213-4302 Cell
 
 

SOURCE YAI/National Institute for People with Disabilities