Vega v. Eggleston (2002)

02/401210

Background: Vega v. Eggleston was filed in New York Supreme Court and challenged the intake practices of Adult Protective Services, the New York City agency responsible for protecting from harm anyone who, because of a physical or mental disability, is unable to protect himself or herself, and who has no one who is willing or able to assist them.  The challenged practices included the rejection of applicants whose need for assistance concerned housing, and the rejection of applicants on the basis that a third party was available and willing to assist the applicant even when APS did not adequately confirm the availability and willingness of the third party.

After extensive settlement negotiations, a class was certified and a settlement between the parties was approved by the Court in 2005.  The settlement included numerous safeguards for APS applicants such as requiring APS to take reasonable steps to help prevent the eviction of APS applicants while their applications were being processed, and requiring APS to properly assess whether a third party was actually able and willing to assist the APS applicant.

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