Plaintiff Alleged that Defendant City Wrongfully Refused to Approve a Land Use Application Which Would Permit Development of Housing For People With Mental Illness—Prima Facie Case of Intentional Discrimination—City Ordered to Approve the Application—Improper Animus Against Disabled Individuals
A not-for-profit plaintiff which provides outpatient mental health support services (services), commenced an action against the defendant City of Ogdensburg (city). The plaintiff asserted violations of the Fair Housing Act, 42 U.S.C. §3601, et seq. (FHA), as well as the Americans with Disabilities Act, 42 U.S.C. §12101, et seq. (ADA). The plaintiff alleged that the City’s rejection of an application for a Planned Development District (PDD), which would have authorized the plaintiff “to establish a housing unit for individuals with mental illnesses, constitutes unlawful discrimination on the basis of plaintiff’s clients’ mental disabilities” (application). The plaintiff moved for a preliminary injunction. The defendant cross moved to dismiss. The court granted the plaintiff’s motion for preliminary injunction and denied the cross-motion to dismiss.
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