By HFT Editorial Staff

The Fair Housing Justice Center (FHJC) recentlyreached a settlement with four assisted living facilities in a lawsuit challenging discrimination against people with disabilities, particularly wheelchair users.The case stemmed from complaints by residents of adult care facilities about discrimination against people who use wheelchairs. One former resident, identified in the lawsuit as Jane Doe, was prohibited from returning to her home of five years and threatened with eviction after she began using a wheelchair.

After conducting undercover testing investigations, FHJC alleged that four state-licensed and Medicaid-funded facilities, Elm York LLC, Madison York Assisted Living Community LLC, and Madison York Rego Park LLC (the Yorks) and Village Housing Development Fund (VillageCare), were denying applicants and evicting residents who use wheelchairs. FHJC also alleged that New York State promoted disability discrimination through its regulations and policies, including its policy permitting such facilities to ban wheelchair users from admission.

The settlement requires the facilities’ operators to end discrimination against individuals with mobility impairments, including wheelchair users, and to admit them on the same basis as other applicants and provide equal access to housing opportunities and services. The Yorks have agreed to pay the FHJC $317,500 for damages and attorneys’ fees and costs, while VillageCare will pay $287,007. VillageCare will also pay the Estate of Jane Doe, who was a VillageCare resident, $112,993 in damages.