Connecticut Hosp. v. City of New London

129 F.Supp.2d 123

CONNECTICUT HOSPITAL, et al., Plaintiffs, v. CITY OF NEW LONDON, et al., Defendants.

Civ. No. 3:00CV1987 (AHN).

United States District Court, D. Connecticut.

January 26, 2001.

Theodore Tucci, Robert Sitkowski, Hartford, CT, for plaintiffs.

Thomas Lundregan, Brian Estep, New London, CT, for defendants.

RULING ON PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION

FITZSIMMONS, United States Magistrate Judge.

Plaintiffs bring this action alleging violations of the Fair Housing Act ("FHA"), 42 U.S.C. § 3601 et seq.; the Americans with Disabilities Act ("ADA"), 42 U.S.C. § 12101 et seq.; and through 42 U.S.C. § 1983, the Equal Protection Clause of the Fourteenth Amendment. [Doc. # 1.] On October 17, 2000, plaintiffs filed their Motion for Preliminary Injunction [Doc. # 8], on which a hearing was held on November 20 and November 21, 2000.¹ At the close of the preliminary injunction hearing, the court informed the parties that it would be ordering further briefing on several issues. [Doc. # 26.] After the parties submitted responses to the court's inquires, oral argument was conducted on December 19, 2000. For the reasons discussed below, plaintiffs' Motion for Preliminary Injunction [Doc. # 8], is GRANTED in part and DENIED in part. Defendants are ordered to refrain from enforcing the three cease and desist orders issued for the properties involved in this case. On the current record, the court declines to grant plaintiff the further requested relief of prohibiting defendants from otherwise directly or indirectly interfering with the operation of these off-campus houses, as such an order would be unnecessarily broad at this stage of the proceedings. This ruling is without prejudice to plaintiffs' seeking further interim relief if faced with actions by the defendants which threaten the plaintiffs' rights while the case is pending, or permanent injunctive relief if plaintiffs prevail on the merits. See Sierra Club v. United States Army Corps of Eng'rs, 732 F.2d 253, 256 (2d Cir.1984) (preliminary injunction issues to maintain the status quo pending a resolution of the case on the merits).

BACKGROUND

Plaintiffs Property Resource Management, Michael Angelides, and Robert Fox own three New London properties now used as group housing facilities. [Preliminary Injunction Hearing Transcript, Nov. 20, 2000, "T. 11/20/00" at 10.] Also known as off-campus housing ("OCH"), these facilities are run in conjunction with treatment programs for recovering alcoholics and substance abusers operated plaintiff Connecticut Hospital Management Corporation d/b/a The Stonington Institute ("Stonington Institute").² [T. 11/20/00 at 15.] Three anonymous plaintiffs, John Does One through Three, who are recovering alcoholics and drug addicts, are current or prospective residents of these properties, located at 29 Brainard Street, 138 Huntington Street, and 15/17 Huntington Street in New London, Connecticut.³ [Doc. # 1.] The group homes serve recovering substance and alcohol abusers who are participating in the Stonington Institute's day treatment program. [T 11/20/00 at 8, 44.] As recovering alcoholics and substance abusers, the residents of these OCH facilities are handicapped as defined in the FHA, 42 U.S.C. § 3602(h), and are protected by the Act.⁴

The residents of these group homes receive therapy and treatment on an outpatient basis from the Stonington Institute but receive no treatment or therapy at any OCH.⁵ [T. 11/20/00 at 19.] The clients of Stonington Institute generally live in the group homes during their initial period of sobriety. [T. 11/20/00 at 17-18.] This phase often occurs after the client completes the in-patient treatment located on the grounds of the Stonington Institute. [T. 11/20/00 at 17-18.] These OCH's are not licensed by the State of Connecticut to provide any on-site therapy or treatment. [T. 11/20/00 at 19.]

The homes are generally self-governing, with house members setting their own rules and working out most problems themselves. [T. 11/20/00 at 43 94-95.] A caretaker resides in each home and, for a stipend, maintain the property. Some caretakers may be employed by Stonington Institute but, in their role of caretaker, their primary responsibilities are to maintain the house, help residents shop for food and be a neighborhood resource for the clients. [T. 11/20/00 at 20-21.] The residents also elect a house representative who oversees the house and makes sure things run smoothly. [T. 11/20/00 at 95.] The houses also often have weekly house meetings to discuss problems and divide up chores. [T. 11/20/00 at 102.] Each morning, OCH residents take a van to the Stonington Institute for treatment which lasts until early afternoon. [T. 11/20/00 at 46, 99-100.] The residents then take the van back to the group home, where they are able to have lunch, followed by a few hours of free time. [T. 11 20/00 at 48, 99-100.] Richard T., a current resident of one of the homes, testified that during this free time he engaged in a variety of activities ranging from volunteer work, to relaxing, to household chores. [T. 11/20/00 at 102-5.] House members often eat dinner together and attend a nightly Alcoholics Anonymous or Narcotics Anonymous meeting at another location as a group, but there is no requirement that residents participate in these activities together. [T. 11/20/00 at 105-07.]

Residents may stay in the houses as long as they are participating in the Stonington Institute treatment program. [T. 11/20/00 at 54.] The residents pay fifty dollars per week toward food and other household expenses.⁶ [T. 11/20/00 at 59.]

The court heard testimony about the importance of this living environment to the residents while they receive treatment. Two current residents testified that they viewed the OCH's as their home and would have nowhere else to go if they could not live there.⁷ [T. 11/20/00 at 111-12, 149.] Both residents stated that it was extremely beneficial to them to live in a place where everyone understood what the recovery process entailed and where, if needed, the residents could help each other with personal problems they might face during treatment. [T. 11/20/00 at 112, 150-51.] These residents testified that they would most likely suffer a relapse if they were unable to remain in the home. [T. 11/20/00 at 113, 150.]

The residents' testimony was supported by Dr. Richard Schottenfeld, who testified that the ability to live in a mutually supportive environment, such as the OCH facilities, had tremendous therapeutic value and was critical to the recovery period. [T. 11/20/00 at 179-82; Preliminary Injunction Hearing, November 21, 2000, "T. 11/21/00" at 6, 44-45.] William Aniskovich, executive director of the Stonington Institute, testified that many of the participants are actually homeless when they enter the program, while others are constructively homeless because they have no safe, supportive place to live. [T. 11/20/00 at 13, 34.] Mr. Aniskovich estimated that, of the 140 participants in the day treatment program, 100 were actually or constructively homeless. [T. 11/20/00 at 19.]

The house at 29 Brainard Street was previously used as a rooming house licensed for nine rooms and sixteen people. [T. 11/21/00 at 54.] Both Huntington Street properties were previously used as multi-family dwellings. [T. 11/21/00 at 53.] Mr. Fox and Mr. Angelides did not apply for zoning permits for any of the properties because they did not believe that there was a change in use of the houses. [T. 11/20/00 at 39.]

On February 15, February 24, and March 6, 2000, respectively, New London's zoning enforcement officer ("ZEO") Susan Brant issue cease and desist orders for 138 Huntington Street, 29 Brainard Street, and 15/17 Huntington Street. [T. 11/21/00 at 68, 70, 72.] The cease and desist orders required the owners to "cease the operation of a rehabilitative facility" at each location. [Doc. # 1.] They further stated that the evidence indicating the properties were being used as rehabilitation facilities included "providing services requiring a house supervisor, curfews, and holding meetings specifically for the residents" and "transportation to and from the Stonington Institute". [Id.] No information was sought from the Stonington Institute nor did the owners of the property know of the investigation until after the orders issued. [T. 11/20/00 at 26-27.]

The cease and desist orders were issued after the ZEO received complaints from the neighbors of 15/17 Huntington Street and reports from the police department that several crimes had been traced back to 138 Huntington Street. [T. 11/21/00 at 50.] It appears that, during the investigation of these complaints, 29 Brainard Street was determined to be under common ownership and used for the same purposes as the Huntington Street properties. [T. 11/21/00 at 54.] The ZEO determined that, because all three properties were being used as rehabilitative facilities, there had been a change from the prior use of the properties.

Plaintiffs appealed these cease and desist orders to the Zoning Board of Appeals ("ZBA") in March, 2000. [Exhibit 2, Tabs 10-12.] Plaintiffs also sought a reasonable accommodation from the Town of New London by proposing a text amendment to the zoning regulations which would accommodate this type of group home.⁸ [T. 11/20/00 at 33.] On July 10, 2000, plaintiffs requested other alternative forms of reasonable accommodation from the town. [T. 11/20/00 at 28; Exhibit 2, Tab 14.] First, plaintiffs asked that the cease and desist orders be withdrawn, or stayed pending the outcome of the ZBA's decision on the reasonable accommodation requests. [T. 11/20/00 at 28.] Second, plaintiffs petitioned the ZBA for use variances to allow the continued operation of the group homes. [T. 11/20/00 at 29.]

On August 31, 2000, the ZBA held a public hearing on plaintiffs' variance request and appeals from the issuance of the cease and desist orders. [T. 11/20/00 at 29.]...