Recently the US Department of Justice (DOJ) filed a Statement of Interest (Statement) in the Doe v. Zucker lawsuit in the Northern District of New York. The Statement addresses a New York State regulation limiting admission of individuals with Serious Mental Illness (SMI) into segregated settings called Adult Homes.

Petitioner John Doe currently resides in a transitional adult home and alleges that the DOH regulation violates the FHA because it denies “housing”—namely, admission to an adult home—on the basis of disability.

The Statement explains that the regulation does not violate the Fair Housing Act (FHA). Furthermore, the Department of Health (DOH) regulation does not “deny” or “make unavailable” housing on the basis of disability, any more than would a decision by the State that limits inpatient or institutional care altogether as part of its disability services system.

New York issued the regulation in conjunction with the United States v. New York settlement in the Eastern District of New York, and consistent with its Office of Mental Health’s determination that Adult Homes “are not clinically appropriate settings” for individuals with SMI, “nor are they conducive to the rehabilitation or recovery of such persons.” The regulation permissibly governs the types of settings in which New York provides mental health services.

To find out more about this Statement of Interest or the ADA, visit ada.gov, or call the Justice Department's toll-free ADA information line at 1-800-514-0301, or 1-800-514-0383 (TDD).