DOJ ADA-FHA Lawsuit Against Senior Living Complexes

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The US Department of Justice (DOJ) recently resolved a lawsuit alleging disability-based discrimination by the developer and owners, Dominion Management LLC and its affiliate companies (defendants), of eight (8) senior living complexes in Alabama, Florida, Georgia, South Carolina and Tennessee. The defendants have agreed to pay $450,000 to settle claims that they violated the Fair Housing Act (FHA) and the Americans with Disabilities Act (ADA) by failing to build these properties with required accessible features for people with disabilities. As part of the settlement, the defendants agreed to make substantial retrofits to remove accessibility barriers at the complexes, including more than 1,500 units.

Under the consent order the defendants will pay all costs related to the retrofits, $400,000 into a settlement fund to compensate individuals harmed by the inaccessible housing, and $50,000 in civil penalties to the government. The defendants also will undergo training, ensure that any future construction complies with federal accessibility laws, and make periodic reports to the DOJ. 

This matter originated at Somerby Franklin in Franklin, Tennessee. The other senior living complexes involved in this case are: 

• Fleming Farms, Huntsville (Alabama)

• Somerby St. Vincent’s One Nineteen, Birmingham (Alabama)

• Somerby Peachtree City (Georgia)

• Somerby Sandy Springs (Georgia)

• Westside, Alpharetta (Georgia)

• Somerby Santa Rosa Beach (Florida)

• Somerby Mount Pleasant (South Carolina)

Under the settlement, the defendants will, among other things, create accessible pedestrian walkways to the leasing office and site amenities, install accessible curb cuts and parking, and modify kitchens and bathrooms at these facilities.

Regarding this case, Assistant Attorney General Kristen Clarke of the DOJ’s Civil Rights Division stated, “All people deserve equal access to housing, including people with disabilities. The Justice Department stands ready to vigorously enforce federal laws to ensure accessibility for people with disabilities. The agreement requires comprehensive corrections that will make the properties accessible for the senior citizens and people with disabilities who live there so that they can more fully enjoy their homes.”

SUMMARY: This lawsuit regarding ADA and FHA compliance at Senior Living Complexes could have been prevented if the developer had been pro-active in accessibility compliance during the design and installation phases of development. The fact that 8 different developments failed to comply with the ADA and FHA requirements indicates a systemic disregard for the ADA and FHA laws.

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If you observe a facility or entity that is not ADA or FHA compliant please contact Richard Acree at ADA Inspections Nationwide, LLC, 615-752-0060, or inspections4ada@gmail.com.

ADA Inspections Nationwide, LLC, offers ADA/ABA/FHA accessibility compliance inspections for buildings and facilities, as applicable to the different laws, and expert witness services with respect to ADA/ABA/FHA laws for building owners, tenants and managers. Also, ADAIN offers consulting for home modifications as a CAPS consultant for people wishing to age in place in their homes. For a complete list of services please see ADAIN Services.

Thank you.