Mixon v. Grinker

157 A.D.2d 423, 556 N.Y.S.2d 855, 1990 N.Y. App. Div. LEXIS 6766
CourtAppellate Division of the Supreme Court of the State of New York
DecidedJune 5, 1990
StatusPublished
Cited by20 cases

This text of 157 A.D.2d 423 (Mixon v. Grinker) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mixon v. Grinker, 157 A.D.2d 423, 556 N.Y.S.2d 855, 1990 N.Y. App. Div. LEXIS 6766 (N.Y. Ct. App. 1990).

Opinion

OPINION OF THE COURT

Rosenberger, J.

This action was instituted by certain homeless men infected with the human immunodeficiency virus (HIV) on their own behalf and on behalf of others similarly situated, and by the Coalition for the Homeless, a not-for-profit organization which provides advocacy and direct services to homeless persons. Plaintiffs sought declaratory and injunctive relief compelling defendants, officials of the State and City of New York, to provide homeless persons infected with HIV, the virus which causes acquired immune deficiency syndrome (AIDS), AIDS-related complex (ARC) and other HIV-related illnesses, with medically appropriate housing. The action is premised on the contention that placing HIV-infected individuals whose immune systems are weakened, in large city shelters, where many occupants have infectious diseases, endangers the lives of HIV-infected individuals such as the named plaintiffs. Although the city has acknowledged that homeless persons with a diagnosis of AIDS as defined by the Federal Centers for Disease Control (CDC) are entitled to private, nonshelter housing, those persons infected with HIV or other AIDS-related illnesses not classified as AIDS by CDC are not provided with such accommodations.

After a motion for a preliminary injunction was filed on behalf of the three original named plaintiffs, the city agreed to provide them with noncongregate housing. The Supreme Court thereafter granted a preliminary injunction to Wayne Phillips, another homeless man suffering from an HIV-related illness, whose motion for leave to intervene was unopposed and granted by the court, compelling defendants to provide [425]*425him with shelter in a noncongregate facility as well. The court further denied defendants’ motions to dismiss for nonjusticiability, failure to state a cause of action and failure to join necessary parties but granted the city’s motion to dismiss the Coalition for the Homeless as a plaintiff for lack of standing. The city filed a notice of appeal which was thereafter withdrawn. The State did not appeal. The Coalition for the Homeless cross-appealed the dismissal of its complaint for lack of standing.

The Supreme Court found that the Coalition for the Homeless lacked standing to bring the action either in its own right or in a representative capacity. We disagree and modify the order accordingly.

The municipal defendants contend, and the Supreme Court agreed, that the Coalition lacked standing to sue in its own right, because it failed to demonstrate that it had suffered any injury in fact as a result of defendants’ actions (Matter of MFY Legal Servs. v Dudley, 67 NY2d 706; and see, Matter of Dental Socy. v Carey, 61 NY2d 330). In MFY Legal Servs., the Court of Appeals held that the not-for-profit legal services corporation’s complaint, which sought to prohibit Justices of the Appellate Term, First Department, from issuing certain ex parte orders, was too speculative to demonstrate a cognizable interest because it merely alleged that defendants’ actions in entering default judgments without inquests resulted in a greater demand for its services (see also, Matter of Guild of Admin. Officers v County of Suffolk, 126 AD2d 725, lv denied 69 NY2d 609).

In Grant v Cuomo (130 AD2d 154, affd 73 NY2d 820), the Coalition for the Homeless’ claim that they suffered an injury by way of an added burden on their resources was rejected as too general to establish standing. We note that the Coalition’s complaint in the instant case is phrased in similar language: "The Coalition for The Homeless is a not-for-profit corporation organized under the laws of the State of New York. It advocates for, and provides direct services to, homeless persons, many of whom are HIV-infected. The Coalition expends substantial resources in serving persons denied medically appropriate housing by defendants.”

Injury in fact has been sufficiently alleged, however, since affidavits submitted by the named plaintiffs specify sums expended by the Coalition on their behalf. For example, the Coalition provided financial assistance to Kenneth Mixon so [426]*426that he could rent a private room on the Bowery. Plaintiffintervenor Wayne Phillips rented a room in a hotel and at the YMCA with funds provided by the Coalition. In an affidavit submitted in opposition to defendants’ motion to dismiss, an employee of the Coalition detailed the efforts taken by the organization on behalf of the homeless suffering from AIDS-related illnesses. Each of the named plaintiffs received assistance from the Coalition after refusing to return to city shelters where they were victims of violence or intimidation and where they were constantly exposed to infectious diseases which their HIV-infected systems could not tolerate. In alleging that their resources have not only been spent on advocating on behalf of the homeless but on providing noncongregate housing and in essence, medical assistance to HIV-infected homeless people, the Coalition has sufficiently alleged a specific burden on its resources, caused by defendants’ failure to provide appropriate housing. These allegations are sufficient to establish injury-in-fact and, therefore, standing.

The Federal courts recognize the right of organizations to sue on their own behalf when the injury they allegedly suffered as a result of defendants’ actions or inactions is a drain on their resources. In Havens Realty Corp. v Coleman (455 US 363), the Housing Opportunities Made Equal (HOME) organization alleged that a realty company’s "steering practices” drained its resources. The Supreme Court held that the organization had standing to sue in its own right because "[i]f, as broadly alleged, petitioners’ steering practices have perceptibly impaired HOME’S ability to provide counseling and referral services for low- and moderate-income homeseekers, there can be no question that the organization has suffered injury in fact. Such concrete and demonstrable injury to the organization’s activities—with the consequent drain on the organization’s resources—constitutes far more than simply a setback to the organization’s abstract social interests, see Sierra Club v. Morton, 405 U.S., at 739. We therefore conclude * * * that * * * it was improper * * * to dismiss for lack of standing the claims of the organization in its own right” (Havens Realty Corp. v Coleman, supra, at 379; see also, Younger v Turnage, 677 F Supp 16, where the Coalition for the Homeless, individual plaintiffs, and two other organizations, brought an action to compel the Veteran’s Administration to adopt an outreach program to train the staff of homeless shelters and expedite homeless veterans’ claims. The court held that the organizational plaintiffs’ assertions that [427]*427they had expended their resources on behalf of the homeless veterans was sufficient to establish standing to sue in their own right).

The Coalition for the Homeless also contends that it has standing to bring this action in a representative capacity. While it is true that in order to establish standing as a representative of other individuals, an organization must be asserting the rights of at least one of its members and not be attempting to sue on its own behalf for a declaration of the rights of its potential clients (see, Matter of MFY Legal Servs. v Dudley, supra), we have held that organizations such as the Coalition for the Homeless, which represent individuals who are unable to seek a judicial remedy on their own behalf, have standing. In Grant v Cuomo

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Housing Rights Initiative, Inc. v. Century 21 Dawns Realty
2024 NY Slip Op 30565(U) (New York Supreme Court, New York County, 2024)
Matter of Mental Hygiene Legal Serv. v. Daniels
2017 NY Slip Op 8645 (Appellate Division of the Supreme Court of New York, 2017)
MatterofAnimalLegalDefenseFund,Inc.vAubertine
Appellate Division of the Supreme Court of New York, 2014
Animal Legal Defense Fund, Inc. v. Aubertine
119 A.D.3d 1202 (Appellate Division of the Supreme Court of New York, 2014)
Stray from the Heart, Inc. v. Department of Health & Mental Hygiene
83 A.D.3d 521 (Appellate Division of the Supreme Court of New York, 2011)
New York County Lawyers' Ass'n v. Bloomberg
30 Misc. 3d 161 (New York Supreme Court, 2010)
Sherwood Terrace Apartments v. New York State Division of Human Rights
61 A.D.3d 1333 (Appellate Division of the Supreme Court of New York, 2009)
Urban Justice Center v. Pataki
38 A.D.3d 20 (Appellate Division of the Supreme Court of New York, 2006)
Urban Justice Center v. Pataki
10 Misc. 3d 939 (New York Supreme Court, 2005)
New York County Lawyers' Ass'n v. State
294 A.D.2d 69 (Appellate Division of the Supreme Court of New York, 2002)
Pelham Council of Governing Boards v. City of Mount Vernon
186 Misc. 2d 301 (New York Supreme Court, 2000)
Henry v. Isaac
228 A.D.2d 558 (Appellate Division of the Supreme Court of New York, 1996)
Mixon v. Grinker
212 A.D.2d 183 (Appellate Division of the Supreme Court of New York, 1995)
Mixon v. Grinker
157 Misc. 2d 68 (New York Supreme Court, 1993)
In re Rodriguez
159 Misc. 2d 929 (New York Supreme Court, 1992)
Rubenstein v. Benedictine Hospital
790 F. Supp. 396 (N.D. New York, 1992)
Orzechowski v. Perales
153 Misc. 2d 464 (New York Supreme Court, 1992)

Cite This Page — Counsel Stack

Bluebook (online)
157 A.D.2d 423, 556 N.Y.S.2d 855, 1990 N.Y. App. Div. LEXIS 6766, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mixon-v-grinker-nyappdiv-1990.