Example of how to let City Hall fight for you

[Guest guest]

Folks,

First let me apologize for a VERY long email. You can scan the first

part, and skip the rest. Search for it in archives when necessary.

From time to time, this comes up in the MSA email list. I recently put

together a detailed response in another email list (InterNAF) for

someone in the NYC area that might show folks in this channel how to

fight for housing rights. The same approach can be used for ADA

discrimination, or local access code violations.

In all events, it is really better to strive toward a quick resolution

without any litigation. Remember, our objective is to gain equal

standing as those who are able bodied. Equal access not just for

ourselves, but for everyone that follows.

Sometimes litigation is necessary. Then search for someone that will do

the work on a contingency basis. That is the lawyer only gets paid if

they win. Don't expect to see much from any settlement. Just try to

(a) gain access for yourself, ( gain access for everyone else, and ©

be certain that organization no longer discriminates against those not

as able bodied. Don't expect to change the individual, only try to

change how they MUST treat others. And do not expect to make friends in

this endeavor.

Also, research for lawyers in the area that specialize in the Americans

with Disabilities Act or Fair Housing Act. They will be able to

correctly work within the system.

If both agencies and lawyers feel the case is " without merit " , then give

up.

Finally, don't spend too much time on this. Do not let this consume

you. Getting angry at the actions of others only means the other

person/organization wins. Stay calm, stay happy, and focus on other

things.

Also consider the power of the consumer. For example, if you already

talked with a business manager, you might want to change to a

competitive business. An example of this is to switch to another a

grocery store. Then use the power of the consumer. Write a letter to

the local manager copy the corporate office, note you reason for

dissatisfaction, the fact that you took your business to another store,

and are actively encouraging others to do likewise. Most corporate

offices will actively correct the situation. If no further correction

is made, feel free to go to the media. They love a sob story. Believe

me, the corporate office will then ACTIVELY correct the situation.

Finally, I am NOT a lawyer. Do not use this as such. Instead use this

information as a an example of how you might want to respond to a

discriminatory situation. And remember, the Internet can be a VERY

powerful tool for you. Information always helps.

Regards,

=jbf=

B. Fisher

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Greetings,

Okay, get ready for the fire hose approach. I know you probably already

reviewed some of this, but maybe some will be helpful.

The law is definitely on your side. Now to get it to work for you. You

see, this may well be a violation of three sets of laws; the ADA, Fair

Housing Act and New York City's Administrative Code. You can use all

three to apply pressure.

Let me cut to the chase. Yes, you need to talk with the NYC Commission

on Human Rights. However, a powerful tool might expedite the process

for you. A letter can make your case clear. If you want to completely

avoid litigation (done on your behalf by the Commission, but being

protracted in time), you may want to Carbon Copy the building management

and manager.

For example, you might want to send a letter, such as:

New York City Commission on Human Rights

40 Rector Street, New York, NY 10006

Subject: Discrimination Complaint against (insert management company

name

here) by (insert full name here) at (insert your address

here).

Dear Sir/Madam:

I am a person with Disabilities as defined by the Americans with

Disabilities

Act (ADA). Per my doctor's diagnosis, I suffer permanent and

progressive

impairment from Spinocerebellar Ataxia (SCA), seizures, asthma,

cognitive

disorders, and a torn ACL in the left knee.

Unfortunately, in spite of adequate documentation to from my doctor to

the

management of my rental unit, I continue to be denied access to the

handicap

access ramp. This ramp has keyed access, and a key has not been

provided

to me.

Per my doctors instruction I must use my wheelchair at all times.

However,

the front entrance has five steep steps. Though I am not paralyzed,

poor

coordination and balance resulting from the SCA makes this an unsafe

if not

impassable barrier for me. As an example, the torn ACL results from a

fall

last year. Falling due to poor coordination and balance is a very

real

danger for me, and is the underlying reason my doctor has provided

documentation

to that effect.

Additionally, I feel harassed by the management of the building. In

spite

of documentation, the management continues to believe I am " faking

it " .

Though I am still mobile, due to safety concerns resulting form

coordination

and balance problems, I must remain in my wheelchair, as my doctor

informed

the management. As I understand it, this situation violates the ADA.

Further I wonder if a locked wheelchair ramp fully complies with both

the

Fair Housing Act and New York City's Administrative Code. In

particular

the following cases are noted in the Website titled " Reasonable

Accommodation

in Housing is the Law in New York City " The URL for this is:

http://www.nyc.gov/html/cchr/html/accomhou.html

> A co-op in Queens was ordered to " make all accommodations,

including those

accommodations that require the expenditure of corporate funds that

are

needed by residents who have disabilities. " (Matter of United

Veterans

Mutual Housing No. 2 Corp. v. NYC Commission on Human Rights)

> A judge ruled that unlawful discrimination includes " the refusal of

a

landlord to make 'reasonable accommodations' that allow disabled

tenants

to enjoy their apartments on an equal basis with non-disabled

tenants. "

( v. Prince Management Corp.)

> A judge ordered a Manhattan co-op to construct a ramp to the

co-op's

primary entrance as requested by a resident who uses a wheelchair.

The

judge ruled that the co-op's alternative offer to install an

elevator

lift was unreasonable because the co-op failed to show that the

resident's

preferred accommodation, a ramp, would result in an undue hardship.

(Commission on Human Rights, ex rel. Ronnie v. 325

ative Inc.,

and Board of Directors, 325 ative, Inc.)

My desire is that management will provide unfettered access to this

building and refrain from further infractions of the ADA, Fair Housing

Act and New York City's Administrative Code. (If you wish to request

compensation for the situation, insert that request here). Your help

and guidance in this process will be gratefully accepted.

Sincerely,

First-name Last-name

cc: Name of Management Company

Name of Building Manager

Attachments:

Previous Requests for Reasonable Accommodation

Date of Person to Whom Verbal Describe Documentation

Request Request was Made or Written (If Any) Provided

--------------------------------------------------------------------

Copy of documentation provided

By the way, include an attachment detailing dates when you requested

reasonable accommodation, and name of the individual to whom you made

the request, form of delivery (written or verbal), and any documentation

provided. Use Month/Year if necessary.

If you did not already schedule an appointment with the Human Rights

Commission do so by calling (212)306-7450. For more information on the

process, please see:

http://www.nyc.gov/html/cchr/html/leb.html.

But it sounds as if you already did this.

Take a copy of the letter and the attachments to the appointment, or

request that you send it in addition to other data they gathered during

the appointment. If you already had the appointment, call and request

the US Postal mailing address for the person handling the case. Then

send it via registered US Mail. Otherwise, take it with you to the

appointment.

If you want an early settlement, and intend to copy the manager and

management, also send the copies to them via registered US Mail. Make

it binding. After they sign, they can not claim they never heard of the

problem.

For much more information, you can see the information that follows. In

particular, if the Human Rights Commission fails to help, you may seek

to use legal aid included in that list.

For Fair Housing assistance see the following websites:

http://www.nyc.gov/html/cchr/

http://www.nyc.gov/html/cchr/html/housing.html

http://www.nyc.gov/html/cchr/html/leb.html

http://www.nyc.gov/html/mopd/html/housing_fha.html

Of particular interest for your case will be:

Complaints of Fair Housing Act violations may be

filed with the U.S. Department of Housing and Urban

Development. For more information or to file a

complaint, contact:

Office of Program Compliance and Disability Rights

Office of Fair Housing and Equal Opportunity

U.S. Department of Housing and Urban Development

451 7th Street, S.W. (Room 5242)

Washington, D.C. 20140

V

TTY

http://www.hud.gov/disabled.html

Or at:

U.S. Department of Housing and Urban Development (HUD)

(at their Regional Office,)

Region II,

26 Federal Plaza - Room 3532,

NYC 10278,

, TTY

.

For questions about the Fair Housing Act, you may

call the Office of Fair Housing and Equal Opportunity at

V ;

TTY

For publications, you may call the Housing and Urban

Development Customer Service Center at

V ;

TTY .

Additionally, the Department of Justice can file cases

involving a pattern or practice of discrimination. The

Fair Housing Act may also be enforced through private

lawsuits.

http://www.fairhousing.com/news_archive/advocate/march95/page4.htm

For ADA support you may want to consider visiting the following

websites:

http://www.usdoj.gov/crt/ada/adahom1.htm

http://www.nycilc.org/contact.htm

http://www.nyc.gov/html/mopd/html/fha.html

http://www.nyc.gov/html/mopd/html/nyc_law.html

Note the free legal aid that is contained in the above website.

http://www.newyorkcity.feb.gov/advocacy.htm

Note especially:

NEW YORK LAWYERS FOR THE PUBLIC INTEREST

DISABILITY LAW CENTER

30 West 21st Street 9th Fl.

New York, NY 10010-6905

(TTY)

Legal assistance for persons physically and/or mentally

challenged who feel they are the subject of discrimination

LAWYER REFERRAL SERVICES

Association of the Bar of the City of New York

42 West 44 Street

New York, NY 10036

www.abcny.org

SHIELD (Self-Help Information Education Legal Defense) -

Pro-Bono legal counseling for those who can not afford to

pay. For all others, fee is $25 for the first 1/2 hour of

consultation. Referrals to attorney.

CIVIL RIGHTS DIVISION

UNITED STATES DEPARTMENT OF JUSTICE

P.O. Box 66738

Washington, D.C. 20035-6738

(TTY)

www.usdoj.gov/crt/ada/adahom1.htm

Enforcement of Titles II and III of the ADA. Will assist

anyone with filing a claim under the ADA.