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Independent Living Research Utilization 

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Using State Housing Agencies
to Obtain Affordable, Accessible, Integrated Housing


About the Presenter 

Stephen F. Gold is an attorney who specializes in civil rights and represents only persons with disabilities. Besides representing numerous individuals with disabilities in discrimination lawsuits, he also represents ADAPT and NOT DEAD YET.

Mr. Gold successfully brought the "curb cut" lawsuit, Kinney v. Yerusalem, arguing that whenever a municipality resurfaces a street, it must ensure access to that street by installing curb cuts. As a result of this lawsuit, communities will become fully accessible.

He also successfully argued the case, Helen L., that a state discriminates against a person by requiring them to receive services in a segregated nursing home, rather than providing them services in the community. This lawsuit established the legal principle that persons with disabilities are entitled to receive services "in the most integrated setting appropriate" to their needs and the failure to provide those services was discriminatory. The Supreme Court in the Olmstead decision followed the legal principle and consequently, "the most integrated setting" is now the law of the land. As a result of this lawsuit, advocates can help people in nursing homes live in the communities with personal assistance services.

Mr. Gold litigated a national action ADAPT v. HUD on behalf of numerous national organizations, including ADAPT and NCIL, arguing that HUD has failed to enforce the requirements of the Rehabilitation Act of 1973 and the Federal Fair Housing Act of 1988 which require that local public entities, receiving federal financial assistance, construct and rehabilitate both rental and home ownership dwelling units so that 5 percent of these dwelling units be accessible for persons with mobility disabilities and one percent for persons with visual and hearing disabilities. In ADAPT v. Philadelphia Housing Authority, a federal court required the local housing agnecy to construct 5% accessible units. He has brought other houses cases on behalf of persons with disabilities. In Young v. District of Columbia Housing Authority, a federal court settlement requires 565 accessible units be constructed and will increase the values of vouchers under the Section 8 program.

In Liberty Resources Inc.v. SEPTA, the federal court ruled that paratransit services must be provided to all eligible persons who request a "next day ride."

He also wrote the amicus brief for NOT DEAD YET and ADAPT in "physician-assisted" suicide case before the United States Supreme Court, arguing that people with severe disabilities are discriminated against because physicians do not require the same suicide prevention procedures for persons with and without disabilities. The brief argues that physician-assisted suicide will discriminate as long as physicians do not value people with severe disabilities.

He has also written an amicus brief against a "wrongful life" action, arguing that hospitals violate Section 504 the Child Abuse Prevention and Treatment Act to deny children with actual or potential disabilities the same level of medical care as nondisabled children receive.

He wrote the amicus brief for ADAPT, NCIL and TASH in the Olmstead v LC case before the Supreme Court, arguing that it is discrimination under the ADA to fail to provide services in "the most integrated setting" for persons with disabilities.

His Information Bulletins, which have a national circulation of more than 6,000 advocates and persons with disabilities, have dealt with housing, nursing homes, education, and medical assistance.

 

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The complete ILRU Web site was developed with support from grants from the Department of Education. However, its contents and the opinions expressed do not necessarily represent the policy of the Department of Education, and no endorsement by the Department should be assumed. ILRU is a program of TIRR (The Institute for Rehabilitation and Research), a nationally recognized medical rehabilitation facility for persons with disabilities.

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Last Modified: 04-07-05