CCRC Settles Discrimination Lawsuit

A continuing care retirement community (CCRC) in Virginia has settled a lawsuit brought against it by the Justice Department that claimed the community was discriminating against residents with disabilities.

CCRCs offer residents access to the entire residential continuum -- from independent housing to assisted living to round-the-clock nursing services -- under one "roof." However, as ElderLawAnswers previously reported, some CCRCs, including the one in Virginia, have been accused of preventing residents who move to a higher level of care from accessing privileges and amenities available to those in independent housing.

The Justice Department filed a complaint alleging that Fort Norfolk Retirement Community, Inc., which operates Harbor’s Edge, a CCRC in Norfolk, Virginia, violated the Fair Housing Act by instituting a series of policies that prohibited, and then limited, residents in the assisted living, nursing and memory support units from using dining rooms or attending community events with independent living residents. The complaint also alleged that the CCRC retaliated against residents and family members who complained about the policies. In addition, the complaint alleged Fort Norfolk discriminated against residents who used motorized wheelchairs by requiring them to pay a non-refundable fee, obtain liability insurance, and get Fort Norfolk’s permission.

Under the consent decree, filed May 12, 2015, the CCRC does not admit liability, but it agrees to pay $350,000 into a settlement fund to compensate residents and family members who were harmed by these policies. In addition, it agrees to a new dining and events policy, a new reasonable accommodation policy, and a new motorized wheelchair policy.

The settlement still must be approved by the court. For more information on the settlement click here.  

For ElderLawAnswers’ earlier reporting on this issue, click here