RENO, NV - Policies affecting people with disabilities
at over 260 retirement residences nationwide will be revised as part of a
settlement agreement in a housing discrimination complaint filed by Silver
State Fair Housing Council (SSFHC) against Reno Retirement Residence, LLC,
and Holiday Retirement Corp. The agreement, approved on August 17, 2006,
by the U.S. Department of Housing and Urban Development (HUD), resolves
the housing discrimination complaint filed by SSFHC in February, 2006.
Under the Fair Housing Act (FHA), housing providers have the
responsibility to provide equal access to housing and housing-related
services regardless of race, color, religion, national origin, sex, family
status, or disability. Persons with disabilities have the right to ask for
reasonable accommodations, or changes to rules, policies, and procedures,
in order to fully enjoy their housing.
The HUD complaint was filed by SSFHC based on a
complaint received in August, 2005, from a resident of the Sky Peaks
Retirement Residence in Reno, NV, who reported that residents of Sky Peaks
who use walkers were notified by management that they could no longer
bring their walkers on the shuttle bus provided for residents. This barred
persons with disabilities who use mobility aids from accessing community
transportation provided by Sky Peaks to its residents. Several residents
verbally requested that Sky Peaks reasonably accommodate their
disabilities by allowing them to use their walkers and other mobility aids
on the bus. When the policy did not change, SSFHC sent a letter to Reno
Retirement Residence, LLC and Holiday Retirement Corp. reiterating the
request to reinstate shuttle service for people who use mobility aids. In
addition to sending the letter, SSFHC undertook an educational mailing to
all residents of Sky Peaks, advising them of their rights under the Fair
Housing Act, and conducted a site marketing survey. A response to SSFHC’s
letter by management representatives indicated that Holiday Retirement
Corp. was working on a long-term plan to address the needs of residents
using walkers at facilities across the country. However, no change was
made to the "no walkers" policy. Because Sky Peaks residents did not feel
comfortable filing a complaint, SSFHC filed its complaint with HUD
alleging discriminatory terms, condition, privileges, or services and
facilities because of disability.
As part of its process of investigation and
conciliation, HUD staff, working with attorneys of the parties involved,
crafted an agreement that will result in policy changes at over 260
properties nationwide. A reasonable accommodation policy (approved by HUD)
will be adopted and disseminated to all residents of properties managed by
Holiday Retirement Corp. in the United States. A written plan to provide
transportation for residents who use wheelchairs will also be created. The
agreement reimburses SSFHC $5,000 for frustration of its mission and
diversion of resources and provides $1,050 for attorney’s fees incurred by
SSFHC. Additional affirmative relief includes fair housing training for
Reno Retirement Residence, LLC and Holiday Retirement Corp. management
staffs.
SSFHC Executive Director Katherine Knister states that,
"Silver State Fair Housing Council is committed to ensuring equal housing
opportunity for all residents of northern Nevada. We are pleased that all
parties in this case were able to work together to effect policy changes
that will benefit not only members of our community but also residents of
retirement communities nationwide."
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Since 1989, Silver State Fair Housing Council (SSFHC)
has worked to ensure equal access to housing for residents of northern
Nevada. Under provisions of federal and state fair housing laws, it is
illegal to discriminate in the rental, sale or financing of housing based
on race, color, religion, sex, national origin, familial status, or
disability. SSFHC promotes non-discriminatory housing practices by:
providing education and outreach about fair housing rights; processing
housing discrimination complaint intake, investigation and referral; and
assessing the barriers to fair housing in our community.