Wardenski P.C. Files Amicus Brief for Fair Housing Groups in Disability Rights Case
On December 20, Wardenski P.C. filed a proposed amicus brief on behalf of the National Fair Housing Alliance (NFHA) and five New York fair housing organizations, urging the U.S. Court of Appeals for the Second Circuit to affirm a major disability rights victory against a Connecticut town.
The case, Gilead Community Services, Inc. v. Town of Cromwell, was brought in 2017 by Gilead Community Services, a nonprofit organization serving individuals and families with mental health needs, and the Connecticut Fair Housing Center, after the Town of Cromwell and town officials engaged in an unlawful campaign to close a small group home owned and operated by Gilead to provide housing and supportive services for six men with mental health diagnoses. Following a trial in 2021, a federal jury found that Cromwell’s efforts to force the closure of the group home violated the Fair Housing Act (FHA) and Americans with Disabilities Act (ADA), and awarded Gilead nearly $5.2 million in compensatory and punitive damages. On appeal, Cromwell is asking the Second Circuit to reverse the jury’s verdict and damages award.
The proposed amicus brief — filed by NFHA, CNY Fair Housing, Fair Housing Justice Center, Housing Opportunities Made Equal, Long Island Housing Services, and Westchester Residential Opportunities — explains to the Second Circuit why two of Cromwell’s key arguments are at odds with the history and purpose of the FHA. First, the brief rebuts Cromwell’s argument that municipalities are exempt from punitive damages under the FHA, describing how the FHA’s text and legislative history show that Congress intended for local governments to be subject to punitive damages awards. Second, the brief explains why the Second Circuit should reject Cromwell’s argument that the court should impose a higher burden of proof in FHA cases than the existing “motivating factor” standard. The brief argues that the the FHA’s history confirms that the motivating factor test is correct, a conclusion previously reached by the Second Circuit and every other appeals court to consider the question.
The amicus brief was authored by Joseph Wardenski, Founder & Principal Attorney of Wardenski P.C., and Scott Chang, Senior Counsel at NFHA.
Documents
Proposed Amicus Brief (12.20.2022)
