Scooters, Dining Rooms, Feeding Assistants and Other Reasonable Accommodations: New Guidance on How the DOJ Interprets the Fair Housing Act in the Senior Housing Context

Last month the U.S. Department of Justice (DOJ) and the Fort Norfolk Retirement Community Inc. ("Fort Norfolk"), a Virginia nonprofit continuing care retirement community, entered into a Consent Order, resolving allegations that Fort Norfolk violated the Fair Housing Act by instituting policies that discriminated against its residents with disabilities. This is the most recent guidance available regarding how the DOJ interprets the Fair Housing Act (FHA) in the senior living context.

The DOJ alleged that Fort Norfolk prohibited and limited residents in the assisted living units from eating in dining rooms located in the independent living residential tower or attending certain events held outside their building. The community also allegedly required residents who used scooters to pay a $300 non-refundable deposit, purchase liability insurance and obtain Fort Norfolk’s permission. Finally, the DOJ alleged that when residents and family members complained about these policies, Fort Norfolk retaliated against them in violation of the Fair Housing Act.

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