Seniors Housing Weekly Update - Legal Wrangling With CCRCs

May 26, 2015

May 26, 2015. 60 Seconds with Steve Monroe.

One CCRC lost a legal battle with regard to its dining room policies. Other ramifications?...

Legal Wrangling With CCRCs

The American Seniors Housing Association recently issued a legal brief on a fair housing settlement involving a CCRC. The Justice Department had filed a complaint against a CCRC that had restricted use of the main residential dining room to the residents of the independent living units. This restriction also applied to spouses of an IL resident who were in the skilled nursing unit. Having personally spent a lot of time in a CCRC, I know that many residents don’t like to be reminded of what the future will be like for them, and this applies to prospective residents as well. So this CCRC had to pay a $40,000 fine and fund a $350,000 claimant’s fund. On top of this, they have to appoint a fair housing compliance officer. Come on. This is a complete overreach to deal with CCRCs that have some safety issues with certain residents eating in the main dining room without assistance, who actually may need it, as well as what the residents of the community thought they signed up for. That is why many CCRCs and other retirement communities do not allow walkers and wheel chairs to be lined up against the wall during meals. Talk about a marketing nightmare. And so it goes.

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