Accessibility Lawsuit Targets Assisted Living Facility

Manhattan facility faces federal lawsuit over allegations it discriminates against people with disabilities who use wheelchairs

By Dan Hounsell


Institutional and commercial facilities for decades have struggled to remove barriers to accessibility. While commercial office buildings and government buildings are often the subjects of efforts to remove such barriers and ensure access to operations, it is rare to find a healthcare organization accused of erecting such barriers.

A Manhattan assisted living facility is facing a federal lawsuit over allegations it discriminates against people with disabilities who use wheelchairs, according to McKnight’s Senior Living. The lawsuit, filed by the Fair Housing Justice Center against Vista on 5th Corp., is the result of an investigation that began in 2019 using undercover testers. Testers repeatedly were told that older adults using wheelchairs were not eligible for residence at the assisted living facilities because they could not “self-evacuate in case of an emergency” and walk unassisted down the stairs, according to the lawsuit. One tester reportedly was told that the self-evacuation rule was a state mandate.

FHJC said there is no such self-evacuation rule. New York state regulations since 2018 explicitly prohibit assisted living programs from denying access to anyone based solely on wheelchair use. Assisted living programs are required to make reasonable accommodations to offer equal access to wheelchair-using residents.



June 4, 2021


Topic Area: Maintenance and Operations


Recent Posts

Optimizing the Engineering Design of Ambulatory Care Facilities

Designing cost-effective engineering systems is not about minimizing investment but about investing strategically.


Construction Completed on Washington Health Urgent Care Facility in California

The design team maximized the existing footprint to accommodate five exam rooms, a dedicated procedure room and an X-ray room.


OhioHealth Pickerington Methodist Hospital Begins Expansion Project

It includes an expansion of the emergency department (ED) and an additional inpatient unit.


IAQ and Infection Mitigation: Plans Into Actions

To support quality patient care and ensure compliance, managers must stay ahead of environmental and IAQ risks.


Case Study: How NYU Langone Rebuilt for Resilience After Superstorm Sandy

Although the damage was severe, it provided a valuable opportunity for NYU Langone to assess structural vulnerabilities and increase facility resilience.


 
 


FREE Newsletter Signup Form

News & Updates | Webcast Alerts
Building Technologies | & More!

 
 
 


All fields are required. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.