“TW,” a 49-year-old developmentally disabled man living in Rosedale, Queens, NY, is an African American man with developmental disabilities that include but are not limited to Downs Syndrome, mental retardation and intellectual developmental disabilities. He has been the victim of discrimination that not only violates his civil and human rights, but has caused him pain and suffering that he is not able to understand. The preventable situation described below has been devastating to this man’s mental and emotional health, worsening his disabilities during the two year period during which this incident unfolded, and threatening his future well being.

In 2007 a construction company hired by the City of N.Y. operated heavy construction equipment outside the family home, awakening this disabled man, and terrifying him, as the house shook at 4:00 am. As a result, he began waking in the middle of the night and removing items from his room, afraid that someone was under his bed. Since that time, he has suffered terrible anxiety and paranoia, for which he has been treated by a psychiatrist.

This man has never been one to let his disabilities stop him from living a  full life. He has received services from Heart Share Human Services for 25 years, and has volunteered at numerous organizations throughout that time. He has lived life to the fullest, as best he could, every day, attending his day program and participating in his community.

He was prominently featured as an Everyday Hero in the N.Y. State ARC /OMRDD/ OPWDD sponsored 2006 video “Everyday Heroes” video and DVD, which highlighted his progress, his love for sports — especially bowling — and his caregiver, who narrated his segment. This Everyday Hero received a letter of commendation from Thomas A. Maul, then Commissioner of the N.Y. Office of Mental Retardation and Developmental Disabilities (now the OPWDD), singling him out as an inspiring “role model for others.”

The unfortunate construction incident has led to more than decade of anxiety, suffering, emotional and financial distress for this man and his brother, with whom he lives. The family lived for more than ten years not knowing what their future held.

The construction company’s attorneys attempted to have the family’s litigation dismissed by fraudulently filing documents alleging that the victim’s brother and guardian was deceased. The victim’s well-being has been jeopardized by their actions. If this false information were to be believed by the Social Security Administration or Medicaid, medical and disability benefits could have been jeopardized.

The banks Wells Fargo & HSBC have utilized questionable foreclosure tactics, leaving this developmentally disabled African American man and his caregiver just one step away from homelessness.

Furthermore the family’s former insurer refused to repair the damage caused by NYC’s construction company. The insurer based their decision on two fraudulent reports filed by an engineer, which allowed the City of New York and its construction company, to cover up their negligence and ignore the rights of a disabled citizen.

Direct evidence indicates that New York State Licensed Professional/ Engineer visited the family’s home on two separate occasions and engaged in unethical activity by preparing and issuing misleading engineer’s reports. These inaccurate engineering reports have allowed the construction company to cover the repeated civil rights violations of these two citizens for the last 12 years. The family’s engineer determined that the home’s damage was, in fact, caused by NYC’s construction company’s work and that the home could not be salvaged, leaving the family’s future in doubt. The construction company continues to bid on, and receive contracts with the City of New York which are worth a quarter billion dollars.

We are seeking the support of all agencies who serve the developmentally / physically disabled population, and the executives who oversee them, in supporting our call for justice for this “Everyday Hero” and his brother. We ask that you spread the word and reach out to your elected officials, so that they will do their due diligence by immediately protecting this family and redressing their situation. They deserve no less.

Because of the Covid-19 pandemic, this man’s day program is now closed, and he is forced to connect with his programs online. The imminent foreclosure of his home of over 25 years will leave him and his brother will near unbearable burdens.Please share this with the families of the developmental disabled and their caregivers.

No disabled person and caregiver should have to endure the kind of decades long emotoinal and mental trauma and financial loss that this family has endured. They and others in our vulnerable populations must be protected!

For further information regarding this case please contact the law office Frederick K. Brewington, 556 Peninsula Blvd., Hemptsead, NY 11550, 516-489-6959.