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Alexia Esq.
Alexia Esq., Managing Attorney
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Experience:  19 Years of Legal Practice Experience in this precise field.
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I received a letter from my uncles

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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

Submitted: 1 year ago.
Category: Legal
Expert:  Fran-mod replied 1 year ago.
Hi, I'm a moderator for this topic. I've been working hard to find a professional to assist you right away, but sometimes finding the right professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you. Thank you!
Customer: replied 1 year ago.

Please continue to research for a response.

Expert:  Fran-mod replied 1 year ago.
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Customer: replied 1 year ago.

Please continue - I just noticed your last post or would have responded sooner.

Expert:  wendy-Mod replied 1 year ago.
Thank you again for your patience while we continue our search.

Regards,
Wendy
Expert:  Alexia Esq. replied 1 year ago.
Hi, thanks for your inquiry! I have been practicing law for 17+ years and am a disability attorney. That being said...

I am researching this issue for you and will post as soon as possible - although it will likely be time intenstive. Is this OK?
Customer: replied 1 year ago.

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.

Expert:  Alexia Esq. replied 1 year ago.
Hi Nancy, oh yes! I meant only that it would not be a 30 minute thing. But I think I have something for you. Be back shortly!
Expert:  Alexia Esq. replied 1 year ago.
Hi again and thank you for your patience.

With regard to your post:

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. I understand, and that is important. Is he bound by the contract he signed or by the current contract ? He WOULD be bound by whatever contract is currently in force IF it were not illegally discriminating against the disabled, in violation of the Fair Housing Act. Read below for the case law and additional helpful reading. Thank you. XXXXX XXXXXX
Very welcome.

I have found the precedential NY case which has been followed by later courts, causing residential homes to be enjoined from even having any independent living requirements for tenancy. In fact, at times, the lawsuit has hit the facilities in the wallet, big time, before also ridding them of such "independent living" requirements.

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 hope this helps! Let me know if you need follow up before or after RATING me. And PLEASE know that my job depends on a POSITIVE rating now and at least an 8-10 feedback rating later. Thanks! I won't forget your support.

Sincerely,

Alexia Esq.



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Alexia Esq., Managing Attorney
Category: Legal
Satisfied Customers: 11691
Experience: 19 Years of Legal Practice Experience in this precise field.
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Customer: replied 1 year ago.

Hi Alexia,


 


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.


 

Expert:  Alexia Esq. replied 1 year ago.
Thank you very much as well. And good luck with your upcoming meeting.

Your rating does appear to have come through, are you seeing any dialogue box that is still prompting you to rate?
Customer: replied 1 year ago.

No

Expert:  Alexia Esq. replied 1 year ago.
Oops, I meant it didn't come through - I will send this to customer service. Thanks again, so much!

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