Inclusion Daily Express -- Suit Claims Condo Blocked Prospective Tenants Because Of Disabilities

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Suit Claims Condo Blocked Prospective Tenants Because Of Disabilities
By Dave Reynolds, Inclusion Daily Express
March 28, 2007

NEW YORK, NEW YORK--Thomas Dern has been around the block a few times, and he says he's never seen discrimination at this level.

Dern, Associate Executive Director of the nonprofit Young Adult Institute/National Institute for People with Disabilities, spoke recently about the first housing discrimination lawsuit that he has initiated in more than three decades of helping find homes for people with developmental disabilities. It's also the first his community residential program has filed in its 50-year history.

The case involves a Manhattan condominium called The Bennett, which is represented through Tudor Realty Services Corp.

Last August, YAI/NIPD made an offer on two condo units at a cost of $1.3 million. The plan was to purchase the units, which are located next to each other on the same floor, and create housing and supports for five people. These five adults "have a dire need for a place to live" and either live an a group home "that is not appropriate for their needs" or are living with aging parents, Dern told Inclusion Daily Express in a telephone interview.

Dern and YAI/NIPD claim that the condominium board exercised its right of first refusal -- which amounts to buying a condo unit out from under a prospective buyer -- in this case specifically to keep people with developmental disabilities from moving in.

"While a tenant can exercise the right of first refusal, they cannot discriminate," Dern explained.

"Clearly all along what had happened was that this condo board had said discriminatory things regarding the behavior the people might exhibit like, 'Would they use the common space -- like the gym?', 'What would I do if I met one of these people in an elevator?' and, 'I don't want people like that in my building.'"

The condo board told YAI/NIPD to resubmit their applications. But, while those applications were pending, other buyers -- presumably without developmental disabilities -- were found for those units.

In December, the nonprofit filed a lawsuit in U.S. District Court against the condo board, the managing agent, and the purchasers of the units. Earlier this month, YAI/NIPD asked the court to issue an injunction to allow it to purchase the units immediately. A hearing was scheduled for March 29.

"Discrimination is illegal in this country," Dern said. "They have clearly broken the law."

Dern said the use of the right of first refusal should be questioned.

"I don't know how one exercises the right of first refusal without being discriminatory. What would make you want to say you prefer people not to move into your building and that not be discriminatory. I don't understand that at all."

"It's a more sophisticated way to be discriminatory. You can have people scream or say discriminatory things, but here's a group of people using their intellect and financial resources to discriminate."

Dern added that he hoped other condominiums might take notice that the fair housing rights of people with disabilities are being defended.

"Discrimination against people with disabilities is rampant in our society," he said.

"I personally over the past 30 years of developing group homes in the New York Metropolitan area can tell you people have said discriminatory things against people with developmental disabilities. If you were to use the same exact language that they use, and substitute another class of people, they would never imagine saying anything like that."

"I happen to be an Irish Catholic. Would anyone say that letting anyone who is Irish Catholic into our neighborhood would lower our property values and our quality of life?"

Related:
YAI/National Institute For People With Disabilities
http://www.yai.org

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