KLLF and NYCLU Sue City of Elmira for Blocking Construction of Supportive Housing for People with Disabilities

On October 7, 2025, the New York Civil Liberties Union and Kaufman Lieb Lebowitz & Frick (KLLF) LLP filed a lawsuit against the city of Elmira challenging its unlawful 2023 zoning ordinance that blocked construction of an affordable, supportive housing development for people with disabilities. After initially supporting the project in early 2023, the city abruptly reversed its decision in late 2023 following neighborhood opposition that relied on harmful stereotypes about people with disabilities.

“Every New Yorker deserves a safe and affordable place to live, and people with disabilities are no exception. Yet, disability is the most common basis for housing discrimination complaints in our state,” said Gabriella Larios, staff attorney at the New York Civil Liberties Union. “By blocking construction of a much-needed supportive housing development because of discriminatory NIMBY-like pressure, the city of Elmira and its mayor have turned their back on vulnerable members of their community. The city also made a mockery of its own decision-making process by abruptly rejecting a project they initially approved. Elmira belongs to all its residents, not just a handful of homeowners. We hope the court will strike down the city’s discriminatory ordinance and allow the project to move forward.”

In 2018, Elmira allowed construction of a housing development for low-income seniors and a small number of people with developmental disabilities. Given the need for more supportive housing, the developer, CDS Housing, and AIM Independent Living Center, a local supportive services provider, began plans to build an additional housing complex that would include more units for people with disabilities. The plan went through rigorous review by the city, and the City Planning Commission approved it in August of 2023. Then, in December 2023, Elmira amended its zoning code to block the project, ceding to the demands of a small group of neighbors. The NYCLU lawsuit argues that the zoning ordinance violated the Fair Housing Act, the Americans with Disabilities Act, the Rehabilitation Act , and the New York State Human Rights Law.   

“When a municipality caves to the harmful and discriminatory stereotypes put forth by a few vocal residents, it harms the entire community,” said Kaufman Lieb Lebowitz & Frick Attorney Alanna Kaufman. “We look forward to redressing that harm and ensuring that Elmira is an accessible and inclusive community for all residents, including those with disabilities.”

“I’m 58, disabled, and have been waiting for years for a safe, affordable home like the development blocked by the City,” said Lorraine Zepp, an Elmira resident who is currently on the waitlist for the Maple Avenue apartments. “As a longtime resident of this neighborhood, I am eager to live in this supportive housing because it’s safe, well-kept, and one of the few places that truly feels like home. To learn that the City denied a second building because of fearmongering and stereotypes about people with disabilities was devastating. This is exactly the kind of housing our community needs and people like me deserve. I won’t stop speaking up until we’re heard.” 

In March 2025, the NYCLU sent the city of Elmira a demand letter seeking reversal of the 2023 zoning ordinance. After initially indicating that they intended to repeal their zoning decision and allow the project to move forward, the city abruptly reversed course in May 2025, after meeting with neighbors of the project. Elmira Mayor Daniel Mandell publicly endorsed the neighbors’ discriminatory rationale for opposing the development. Mayor Mandell made the baseless and discriminatory claim that the residents with disabilities – whom he referred to as “special needs individuals” - should not be “comingling” with residents without disabilities, and that these residents were “creating problems” for the other residents and neighbors of the existing apartment complex.

“While CDS was extremely disappointed by the City’s decision to rezone its property—effectively discriminating against people with disabilities—we made repeated efforts to engage in good-faith dialogue with Mayor Mandell to find a compromise,” said Andrew Sewnauth, Chief Executive Officer at CDS Life Transitions. “Despite initial support from the mayor and the City Council, CDS was shocked to learn the City had reversed course and now prefers litigation. Affordable housing is a critical need in our community, and our current site, Elmira Senior Living, continues to have a waitlist. We need government to offer solutions; not stonewall conversations based on prejudice.” 

“People with disabilities have the right to live integrated, independent lives in the community of their choosing,” said René Snyder, CEO of AIM Independent Living Center. “Unfortunately, too many people continue to face systemic barriers to this right. As a community, we must align to eliminate these obstacles and create solutions. This includes increasing affordable, accessible housing options that are inclusive of all people.” 

Across New York, government officials erect barriers to supportive housing for people with disabilities based on prospective neighbors’ biases, often relegating people with disabilities to industrial areas through restrictive zoning. Supportive housing developers, who often spend years building community support where they plan to build, tend to avoid hostile areas where their developments are not wanted. Taken together, community opposition and exclusionary land-use policies contribute to a statewide housing crisis or low-income people with disabilities. Disability is the most common basis for housing discrimination complaints in New York, representing 55% of all complaints.

KLLF counsel includes David Lebowitz and Alanna Kaufman.