New Suit Alleges Assisted Living Facility Discriminates Against People Using Wheelchairs

The Fair Housing Justice Center—an organization dedicated to eliminating housing discrimination in the New York City area—filed a lawsuit last week alleging that a Manhattan assisted living facility unlawfully discriminates against people who use wheelchairs. Over the course of sixteen months, FHJC investigated the admissions policies at Vista on 5th, an assisted living program in Harlem. Its investigation revealed that Vista refused to admit people who used wheelchairs. FHJC’s suit alleges that such a policy violates the Fair Housing Act, the Rehabilitation Act, the Affordable Care Act, and the New York City Human Rights Law, by discriminating on the basis of disability. It also explicitly violates New York rules and regulations barring assisted living programs from discriminating against a would-be resident on the sole basis that he or she uses a wheelchair.

The lawsuit seeks elimination of the “no wheelchair” policy and revisions to Vista on 5th’s screening and admissions policies, along with damages and injunctive relief to stop the discrimination.

KLLF attorneys Ali Frick and Alanna Kaufman represent FHJC in this case. Read the complaint here, FHJC’s press release here, and McKnight’s coverage of the case here.