Retirement Housing Discrimination Lawsuit

The Acting Assistant Attorney General for the U. S. Department of Justice (”DOJ”) Civil Rights Division is quoted in an August 13, 2009 DOJ Press Release as saying “Persons with disabilities who live in retirement communities are entitled to the protections of the Fair Housing Act.”  In this regard, the DOJ Press Release announced that the operator and manager of an Evansville, Indiana retirement community has agreed to pay up to $116,000.00 to resolve a housing discrimination lawsuit in which DOJ attorneys alleged that the defendants violated the Fair Housing Act by prohibiting the use of motorized wheelchairs and scooters in residents’ apartments and in the home’s common dining room during meals.  According to the Press Release, the lawsuit originated when two former residents of the retirement community filed separate complaints with the U. S. Department of Housing and Urban Development (”HUD”) which, after an investigation, determined there was reasonable cause to believe that unlawful housing discrimination had occurred.  See, http://www.usdoj.gov/opa/pr/2009/August/09-crt-799.html .  As described in the DOJ Press Release, the federal Housing Act prohibits discrimination in housing based on race, color, religion, national origin, sex, disability and familial status.  Another attorney quoted in the Press Release stated “This enforcement action provides yet another real-life example of our commitment to support the rights of persons with disabilities.”  Individuals who believe that they may have been victims of housing discrimination can call the Housing Discrimination Tip Line (1-800-896-7743), email the Justice Department at fairhousing@usdoj.gov or contact HUD at 1-800-669-9777.