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Regional Economic Community Action Program, Inc. v. City of Middletown

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Argued: June 7, 2001

Appeal from an order of the United States District Court for the Southern District of New York (Charles L. Brieant, Judge) granting summary judgment in favor of the defendants City of Middletown, City of Middletown Planning Board, and Joseph DeStefano on the plaintiffs’ claims of discrimination and retaliation in violation of the Fair Housing Act, 42 U.S.C. � 3601 et seq., the Americans with Disabilities Act, 42 U.S.C. � 12101 et seq., and the Rehabilitation Act, 29 U.S.C. � 701 et seq. The plaintiff Regional Economic Community Action Program, Inc., and intervenor-plaintiff the United States assert, inter alia, that the defendants unlawfully discriminated by denying Regional Economic Community Action Program a special-use permit authorizing it to establish two halfway houses for recovering alcoholics in Middletown. We hold that the district court erred by granting summary judgment to the defendants on the plaintiffs’ claims of disparate treatment and retaliation. We affirm, however, the district court’s grant of summary judgment on the plaintiffs’ disparate impact and failure to make reasonable accommodation claims.

Affirmed in part; vacated in part; and remanded.

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