Lawsuit Settled Against Adult Care Facilities to Prevent Discrimination Against People with Mobility Disabilities

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. The settlements are subject to court approval. 

“Excluding someone from accessing housing and assisted living services because of a disability violates federal law,” said William Alvarado Rivera, Senior Vice President of Litigation at AARP Foundation. “As fierce defenders of all older adults, we are pleased these settlements will allow eligible current and future residents of New York’s adult care facilities to live where they want.”

“We commend the Yorks and VillageCare for agreeing to take affirmative steps to correct past discrimination. Other operators should take note that there are consequences for refusing to make assisted living services available to people who use wheelchairs,” said Jota Borgmann, Senior Staff Attorney at Mobilization for Justice. “We hope the State of New York finally will have the courage to take action and systematically end discrimination by the adult care facilities it licenses and regulates.”

“Discrimination against wheelchair users and others with physical limitations cannot be tolerated anywhere, but especially not at adult care facilities where such disabilities are quite common,” said David Keyko, a partner at Pillsbury. Jay Dealy, counsel at Pillsbury, added, “We hope this settlement will remind other care providers of their obligations to those they serve.”

“This settlement will ensure that these facilities will no longer maintain policies or practices that systematically exclude people with mobility impairments,” said Elizabeth Grossman, Executive Director of Fair Housing Justice Center. “Wheelchair users have every right to reside in adult care facilities, and the FHJC will continue to take action when facilities fail to comply with fair housing laws.”