In keeping with its promise to inform some 450 Breezy Hill homeowners of MTI Residential Services, Inc.'s plans for 35 and 37 Bedford Avenue, Westbury Village recently sent out its second community update flier in as many months.

Earlier this year, residents were alarmed by rumors that MTI - a nonprofit organization formed in 1993 to provide and support opportunities that offer autonomous choices in housing, employment and education enhancement of individuals who are psychologically challenged as a result of psychiatric disorder, substance abuse, homelessness or other similar disadvantageous conditions - had purchased the Bedford Avenue properties.

An anonymous flier sent to Breezy Hill residents stated that MTI had intentions of using the homes to house "people with substance abuse, psychiatric disorders, domestic violence and recently [those] released from jail." In response, the village board ordered MTI to cease and desist any construction related activities or occupancy of either premises and notified MTI that it is the village's position that the proposed use is subject to New York State's Padavan Law, which requires MTI to notify the village in advance of their intended use of the property so as to allow a public hearing to be held for the consideration of alternate locations of the elimination of MTI's proposed use.

According to Mayor Ernest Strada, the village's building department has been monitoring MTI's activities daily and has requested that MTI provide them with detailed information regarding its operations, funding, not-for-profit status, etc. MTI, however, has failed to respond to the village's requests and as a result, Westbury officials sent the corporation a certified letter on Jan. 25. The village has since received a letter from MTI's lawyers which refuted without explanation Westbury's initial position that the Padavan Law is applicable to MTI. According to village officials, the letter was also non-responsive to a number of the village's requests for information.

"Why Padavan Law does not apply was one of the main questions raised to MTI and they have not given a good answer. We asked them for very specific information and they were very vague in their response," said Village Clerk/Administrator Thomas Savino who added that the village's contention remains the same. "We believe there is very persuasive evidence that suggests that the Padavan Law is applicable here. They are just saying flat out that it doesn't and they are not giving any documentation to support it."

Wendell Knight, chief executive officer of MTI, stated that Padavan Law has absolutely nothing to do with this particular situation and argues that the organization has been cooperative with the requests made by the village. "The Padavan Law has nothing to do with this case. It is only [applicable] in the event that we would be putting in a licensed program. This is not a licensed program. It is an agency developing affordable housing for families. Period," Knight said, adding that it is something that the Nassau-Suffolk Coalition for the Homeless has been doing throughout Long Island villages, including in Hempstead, Freeport and various Suffolk County communities. "We have housing throughout other villages and have never had a problem like this," he said. "We've never had this issue."

In addition, Knight also claims that the village is discriminating against people with mental disabilities. "The village has not been working with us and has taken, in my opinion, a very racist, social status attitude about all of this. To send a flier to the community implying that there would be people living there from jails is absolutely absurd," he said. "These are people just like you and I with families having the opportunity to move up in society - only one of the family members has a mental illness. That is it. How they are drawing something else out of this is absolutely racist in nature." Knight added that when the minority agency showed up in Westbury, neighbors immediately started complaining. "They didn't know anything about the population of people we serve," said Knight. "This thing has turned into something very colorful and I don't know where it is coming from."

Knight also stated that there was no reason for the village to issue a cease and desist because MTI owns the property. "They are making up the laws," he said. "My attorneys have told me that that hold is illegal because we have met all of the village's requirements."

As it currently stands, the village's attorney has sent a certified letter to MTI's attorneys to reiterate the village's position relative to the seeming applicability of the Padavan Law and to further request that MTI comply with all information requests the village previously made. The village informed MTI and its lawyers that they would not be able to move or occupy the premises without supplying the village with the requested information and without an explanation of MTI's legal position that Padavan does not apply.

"In my opinion, a court would have to tell you that this doesn't apply. [MTI] can say that it's not there on the face of the language of the statute, but if you look at the statute which states it's meant to deal with organizations that give support to people with mental illnesses in somewhat of a community setting, then that's what we believe we have here," said Savino "There are two houses side by side and they want to pay for people who have mental illness to live in them. That's right in line with what the intent of the law is. They have to prove to us that it does not and they have not done that."

Currently, the village is seeking the retention of special counsel to advise the board with respect to the issues that have arisen and may arise with respect to the MTI situation. "It looks like from MTI's responses that they are looking to come back with legalese and force our hands from a legal prospective," said Savino. "The village has already requested proposals from counsels with expertise in this area."

While the village claims the agency has not complied with their requests and submitted necessary information, Knight said MTI cannot provide certain information because doing so would be a violation of patient confidentiality.

"We have been giving them all the information they requested. Our attorneys have been working very closely with them. [The village] is asking for names of individuals [who would live there] and that is difficult because that has to do with confidentiality and rights [in accordance] with the mental health hygiene laws of New York State," he said. "When I move into a neighborhood, they don't ask me my name and diagnosis. It is illegal to do that."

As of press time, MTI had listed both sites for sale through a multiple listing service. Both 35 and 37 Bedford Avenue were purchased on Nov. 30, 2004 for a little over $450,000 each. On Jan. 14, however, 37 Bedford Avenue was put back on the market for $559,900 while 35 Bedford Avenue was listed on Feb. 14 for $679,880. Currently, there are no offers on either property.

According to Knight, the homes were put back on the market as a precautionary measure. "We are a not-for-profit and can't afford to keep paying mortgages on property if [the village] is going to continue to find ways to keep us out," he said, adding that MTI would sell if they were offered their asking price. "We are not going to allow them to force us into selling for less than it is worth," Knight said. "This is not the first time the Village of Westbury has tried to run agencies like ours out of the neighborhood."

According to Mayor Strada, "The position of the village will remain unchanged and unalterable until such a time when we are absolutely sure and the community is convinced what is proposed is acceptable."

In the meantime, village officials have promised to keep the community up-to-date of the MTI situation. "The mayor and the board made a commitment to the community to keep them informed of any developments that occur and that we would take whatever steps necessary to protect the community within parameters of the law," said Village Trustee Peter Cavallaro. "We have been doing just that."