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NEW YORK, NY, July 8, 2026 — Today marks the conclusion of the landmark federal civil rights case that forced New York State to move more than a thousand people with serious mental illness out of segregated “adult homes” and into integrated community housing, marking the completion of one of the most significant disability rights reforms in state history.
Disability Rights New York (DRNY), Bazelon Center for Mental Health Law. Mobilization for Justice (MFJ), New York Lawyers for the Public Interest (NYLPI), and the law firm Paul, Weiss, Rifkind, Wharton & Garrison LLP, on behalf of plaintiffs, announced the conclusion of O’Toole v. Hochul (E.D.N.Y. 1:13-cv-04166). The State has completed its court-supervised settlement responsibilities that reshaped New York’s mental health housing system to meaningfully include access to supported housing for adult home residents.
Originally filed in 2003 as Disability Advocates, Inc. v. Pataki, the case challenged the state's longstanding practice of placing people with serious mental illness in large, institutional “adult homes”—facilities of 120 or more beds—where residents lived in segregated, restrictive conditions that violated the Americans with Disabilities Act. After a month-long trial in 2009, the U.S. District Court for the Eastern District of New York ruled in favor of plaintiffs, finding the state violated the U.S. Supreme Court's decision in Olmstead v. L.C., 527 U.S. 581 (1999), which prohibits the unnecessary segregation of people with disabilities. Although the district court’s decision was overturned on technical grounds, the case was refiled as a class action.
In 2013, the State entered into a court-approved settlement, later strengthened through updated agreements, committing to transition qualified adult home residents into supported housing in the community. These apartments, paired with individualized mental health and social services, enable class members to live independently, safely, and with dignity. As a result of the settlement, more than 1,200 adult home residents transitioned to apartments in the community.
“For some, it had been decades before they ever were allowed to choose where they wanted to live. A right denied for no defensible reason. These brave folks left behind a world of institutional confinement to pursue a dream of living independently. Today, with the end of this case, we celebrate their journeys and their accomplishments. Tomorrow, we continue with our efforts to ensure that anyone who shares that dream likewise has a path forward to make it a reality,” said Timothy A. Clune, Executive Director of DRNY.
“This case required a lot of advocacy over the 13 years it took to implement the settlement. We would not have seen that many transitions without a commitment to community integration from key State staff and close monitoring by the court-appointed Independent Reviewer,” said Jota Borgmann, an attorney at Mobilization for Justice.
“What's been most powerful about this case is being able to bring the voices and lived experiences of our clients directly into the legal process — building legal arguments grounded in people's humanity. This case reminded us how critical it is to keep fighting for community-based solutions that honor the choices and dignity of people with disabilities,” said Michelle Kraus, a social worker with the Disability Justice Program at New York Lawyers for the Public Interest.
“In an enormous victory for New Yorkers living in large private ‘adult homes,’ the decision in this case affirmed that services must be provided in the most integrated setting appropriate wherever people with mental health disabilities are served by the state," said Megan Schuller, legal director of the Bazelon Center for Mental Health Law. “This was a landmark case that led to life-changing relief and opportunities for over a thousand New Yorkers. It can be done.”
The settlement was overseen by Judge Nicholas G. Garaufis and monitored by Independent Reviewer Clarence Sundram.
The case stands as a defining moment in disability rights advocacy in New York. It affirms that people with disabilities have the right to live in the most integrated setting appropriate to their needs and shows how successful people with serious mental illness can be living in the community when provided with effective supports and services.
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About Disability Rights New York
Disability Rights New York is the designated independent non-profit Protection & Advocacy System empowered by Congress to investigate allegations of abuse and neglect and provide legal and non-legal advocacy services to people with disabilities in New York State. The Protection & Advocacy System was created by Congress as a direct result of the horrific conditions that were uncovered in the 1970’s at New York’s Willowbrook State School.
DRNY is supported at taxpayer expense by the U.S. Department of Health & Human Services, U.S. Department of Education, and the Social Security Administration. The contents herein do not represent the official views of these federal agencies.
About Bazelon Center for Mental Health Law
Since 1972, the Judge David L. Bazelon Center for Mental Health Law has advocated for the civil rights, full inclusion, and equality of adults and children with mental disabilities. The Center was instrumental in the passage of the Americans with Disabilities Act (ADA) (1990) and played a key role in the historic case of Olmstead v. L.C. (1999), in which the Supreme Court found that needless segregation of people with psychiatric disabilities violates the ADA. Today, the Bazelon Center accomplishes its goals through a unique combination of litigation, public policy advocacy, coalition building and leadership, public education, and technical assistance. We employ cutting-edge litigation to effect progressive systemic change and impact public policy. Our Olmstead settlement agreements have provided thousands of individuals with opportunities to move out of segregated, dead-end facilities and to live full lives in their communities.
About Mobilization for Justice
Mobilization for Justice (MFJ) envisions a society in which there is equal justice for all. MFJ’s mission is to achieve justice for all. MFJ prioritizes the needs of people who are low-income, disenfranchised, or have disabilities as they struggle to overcome the effects of social injustice and systemic racism. We provide the highest-quality free, direct civil legal assistance, conduct community education and build partnerships, engage in policy advocacy, and bring impact litigation.
About New York Lawyers for the Public Interest (NYLPI)
Founded 50 years ago by leaders of the bar, New York Lawyers for the Public Interest pursues equality and justice for all New Yorkers. NYLPI works toward a New York where all people can safely thrive in their communities, with quality healthcare and housing, good schools, and environmentally sound neighborhoods. In NYLPI’s vision, all New Yorkers live with dignity and independence, with the resources they need to succeed. NYLPI’s community-driven approach powers its commitments to civil rights and to disability, health, immigrant, and environmental justice. NYLPI seeks lasting change through litigation, community organizing, policy advocacy, pro bono service, and education. Through its Disability Justice Program, NYLPI prioritizes advocacy on behalf of people with mental disabilities, including the reform of New York City’s response to individuals experiencing mental health crises.
About Paul, Weiss, Rifkind, Wharton & Garrison LLP
Paul, Weiss, Rifkind, Wharton & Garrison LLP is a global law firm of more than 1,500 lawyers focused on helping clients navigate their most complex legal and business challenges. Known for the depth and excellence of its corporate, litigation and restructuring practices, Paul, Weiss works collaboratively to deliver commercial and innovative solutions, supported by a firmwide commitment to developing and empowering exceptional legal talent and an unwavering dedication to client service.
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