Have Legal Questions? Ask a Lawyer Now.
I received a letter from my uncle's retirement community stating that he was no longer appropriate for their independent living facility. He 88, no functional mobility (wheelchair) and dementia. For 4 years has had 24 hour care provided by agency and private providers. The current resident policy states that a resident can only have 24 hour care on a temporary basis (no longer than 4 months). The residency contract my uncle signed in 2004 only states that,should a resident need supervised care, the facility is not licensed to provide and would ask the resident to leave. Our point is that he is receiving such care through private means and therefore is not a burden upon the facility or other residents. Is he bound by the contract he signed or by the current contract ? Thank you. XXXXX XXXXXX
Please continue to research for a response.
Please continue - I just noticed your last post or would have responded sooner.
Yes, this is ok, although we are meeting with the retirement community director on 3/27/13. Do you anticipate having an answer by then? Thank you.
Cason v. Rochester Housing Authority, 748 F. Supp. 1002 (W.D.N.Y. 1990) (link)
In this case, discrimination occurred when 3 people were required to be able to live “independently”, and they did not have that ability, due to a disability. The three plaintiffs claimed that their applications for low-income housing were
denied because of physical or mental disability. The housing authority’s eligibility
requirements included the “ability to live independently.” The court determined that the
Fair Housing Act was violated in as much as the defendants denied housing only to disabled applicants on the basis of an inability to live independently; no non-disabled persons were denied housing on this basis. The court ruled that this was not the least
discriminating way to ensure resident safety.
Here is a great article describing how this “living independently” requirement tends to be illegal, citing to New York's Cason case, and additional cases regarding the Fair Housing Act and the prohibition on discriminating against those that can not live independently.
I gave an excellent rating. Thank you very much- the article about "independent living" requirements was helpful. I will read it a few more times before our meeting next week and bring a copy for the director.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).