Judge Rules NYCHA Suit Brought by Blind Staten Island Resident May Proceed

July 19, 2012, Staten Island, NY—A federal judge
in Brooklyn has ruled that a suit brought against the New York City Housing
Authority (NYCHA) by a Staten Island resident who is blind may proceed despite
efforts by NYCHA to have the matter dismissed. The plaintiff is arguing that by
refusing to accommodate his disability, and by providing him repeatedly with
written notices that he is unable to read, NYCHA is violating civil rights and
disability laws.

Justin Williams sued NYCHA in 2010 for terminating his
tenancy when he failed to respond to  written notices. Mr. Williams had
been a Section 8 tenant for 15 years, and NYCHA was aware that he was blind.
Although NYCHA subsequently reinstated his Section 8 housing and promised to
provide future notices on audio disks, it has failed to do so more than 18
months later.

NYCHA asked the Court to dismiss the case, arguing that
it had addressed Mr. Williams’ claims and that the case was now moot. In
denying NYCHA’s motion, District Judge Frederic Block noted that “[NYCHA]’s
communications with [Williams] have continued to be in the form of conventional
written documents, which Williams cannot read without assistance.”  Judge
Block also emphasized that “[t]he harm Williams faces is not loss of his
subsidy, but [NYCHA]’s discriminatory treatment.”

Mr. Williams seeks an order that NYCHA cease its
discriminatory practice by providing him with notices in an accessible
format.  Such an order would ensure that hundreds of others like Williams
will not face homelessness because they cannot read notices. “I’m relieved that
the court hasn’t let NYCHA get away with ignoring this problem,” said Mr.
Williams. “I want NYCHA to provide me with documents I can understand.” 

“The sad irony is that not only does NYCHA fail to
accommodate residents of New York City who have disabilities, it does not even
appear capable of complying with civil rights laws after it is sued for
violations and pledges its intention to comply.  It appears that nothing
short of an injunction issued by the court – with the threat of contempt – will
change NYCHA’s ways,” said Philip Smith, a partner with Patton Boggs LLP, which
is representing Williams together with Nancy Goldhill and Shelly Agarwala of
Staten Island Legal Services, Kevin M. Cremin of MFY Legal Services, Inc. and
Edward Josephson of Legal Services NYC. 

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