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May 2013

PUT ASUNDER

Couple Fights For Right To Live Together

Able News - The Newspaper Positively for, By and About the Disabled

Although Paul Forziano and Hava Samuels officially tied the knot several weeks ago, the newly married couple is living apart, because their group homes refuse to allow them to live together, claiming that they don’t have the intellectual ability to live together as husband and wife.

Their parents have hired Robert Briglio of Nassau Suffolk Law Services and attorney Martin Coleman to represent them in a federal court, alleging that the two group homes and the state are violating the Americans with Disabilities Act and the Fair Housing Act. The judge is now considering the defendants’ motion to dismiss.

 In the meantime, the parents are seeking injunctive relief that would allow the couple to spend more time together. Currently, they see each other once a week for dinner, and spend the weekends together at their families’ homes from Friday night to Sunday.

 Samuels, 35, resides at Independent Group Home Living (IGHL), and Forziano, 29, lives at Maryhaven Center for Hope, both in Manorville. Neither agency would comment for this story.

 According to Coleman, the agencies have no legitimate reason for denying housing to Forziano and Samuels. Furthermore, if the plaintiffs do win the case, it wouldn’t set a precedent, because similar agencies in New York State have housed married couples successfully for many years.

 “The agencies believe that people who need supervised group homes are too intellectually disabled to live in the same home as a couple,” said Coleman. “For some reason, the agencies think it would cause problems. But there are several group homes in this region that have accommodated married couples with no problems.“

 Forziano’s mother agrees, stating that she wishes that her son’s home was as progressive as YAI and UCP. She said that efforts to have the Office of People With Developmental Disabilities (OPWDD) step in have been fruitless, with that office saying they don’t have the authority to override these types of agency policies.

 The OWPDD had initially maintained that they knew of no married couples in the area who live together in group homes, but according to Forziano’s mother, they were aware of several. “IGHL has been a great home for my son, but this situation really isn’t fair, and we’ve been trying to work with them for three years,” she said. “His home is already  co-ed. Hava was crying when they got back from their wedding and had to go their separate ways, and my son was upset too. When Paul got to the home, none of the staff even acknowledged that he just got married. They’re acting like it never happened.”

 The couple met seven years ago at a day rehabilitation program. Nearly 200 guests attended the wedding, in Wading River

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