On August 27, 2007, the United States District Court for the Eastern District of California entered a Consent Order resolving a lawsuit brought by the United States against the owners of the above retirement communities alleging that they discriminated against persons with disabilities in violation of Section 804 of the Fair Housing Act, 42 U.S.C. § 3604. In the lawsuit, the United States alleged that, among other things, these communities denied housing to, limited access to common areas for, or otherwise discouraged persons with disabilities who used mobility aids from living there. Mobility aids include wheelchairs, motorized wheelchairs, motorized scooters, walkers, crutches, and canes. Covenant Retirement Communities denies the allegations made by the United States in its lawsuit.Under this Consent Order, the parties have agreed to resolve the lawsuit by establishing a claims process so that any individual who believes that he or she was subjected to any of the types of discrimination listed below may file a claim for compensation. You and/or your spouse may be entitled to recover damages if you or your spouse:
- Were denied housing or otherwise discouraged from living at one of the above communities because you or your spouse used a mobility aid.
- Were denied access to or discouraged from using common facilities, including the dining hall, auditorium, rental office and other buildings or portions thereof, at one of the communities because you or your spouse used a mobility aid, or were restricted from using your mobility aid in such areas.
- Were required to buy insurance as a condition of residency at one of the communities because you or your spouse used a motorized wheelchair or scooter, or were required to meet other conditions, including providing proof of need, such as a doctor’s note, and proof of ability to operate the motorized aid, such as being tested, before you could use it.
If you wish to make a claim for discrimination on the basis of disability, or if you have any information about persons who may have such a claim, please telephone the U.S. Department of Justice at 1-800-896-7743 ext. 5, toll-free. You may also write to the Department of Justice, Civil Rights Division, Housing and Civil Enforcement Section, 950 Pennsylvania Avenue, N.W. – NWB, Washington, D.C. 20530, Attn: 175-12C-577.
You must call or write on or before December 25, 2007 and your message or letter must include your name, address, and, if possible, at least TWO telephone numbers where you may be reached. If you do not call or your letter is not postmarked by this deadline, your claim will be barred.