NEW YORK — After years of litigation, the Fair Housing Justice Center (FHJC) and the New York State Department of Health (NYSDOH) have entered into a landmark settlement agreement ending longstanding discriminatory practices that excluded older adults who use wheelchairs or have other mobility impairments from adult care facilities, including assisted living facilities, across the state. 

 The agreement stems from a 2018 lawsuit filed by the FHJC and represented by AARP Foundation, Mobilization for Justice, and Pillsbury Winthrop Shaw Pittman LLP.  The suit alleged that state regulations and facility policies violated the Fair Housing Act, Americans with Disabilities Act, Section 504 of the Rehabilitation Act, and the Affordable Care Act by allowing facilities to deny residency to people with mobility limitations. 

After this federal lawsuit was filed, in 2023, NYSDOH issued revised admission and retention regulations that clarified facilities’ obligations to provide reasonable accommodations that would allow people with disabilities to be admitted to or remain in adult care facilities. NYSDOH also issued guidance drafted by the FHJC to all facilities, held a webinar, and published a Q&A to educate facilities about their obligations under the revised regulations. Those obligations include assessing applicants individually, ending blanket bans and preventing discriminatory assessments on residents with disabilities.

The three-year settlement requires NYSDOH to maintain these regulatory changes and public guidance and training materials for facilities. It will also develop a public-facing video, available in English and Spanish, to educate New Yorkers about their rights. 

The NYSDOH also agreed to pay $1.6 million in attorneys’ fees and costs to AARP Foundation, Pillsbury Winthrop Shaw Pittman LLP, and Mobilization for Justice. 

 “This is a decisive win for older New Yorkers with disabilities who for too long were told ‘you don’t belong here,’” said William Alvarado Rivera, Senior Vice President for Litigation at AARP Foundation. “Adult care facilities exist to support people who need help with daily life—not to shut their doors on those who need it most. This outcome sends a clear message that discrimination against people with disabilities will not be tolerated.” 

“We’re pleased that the state now makes it clear that assisted living facilities cannot discriminate against residents and prospective residents who have mobility impairments,” said Daniel A. Ross, a senior staff attorney at Mobilization for Justice. “New Yorkers with disabilities should not be pushed into more restrictive settings like nursing homes simply because they use mobility devices.” 

“We are pleased to have helped the FHJC secure this important result for people with mobility impairments, which finally and formally remedies long-standing flaws in NYSDOH’s admission and retention policies,” said David Keyko, the lead Pillsbury Winthrop Shaw Pittman LLP partner advising on the firm’s pro bono representation. “Today’s settlement serves to ensure that going forward, all New Yorkers living in or seeking admission to adult care facilities will understand their rights and be treated fairly.” 

The case builds on AARP Foundation’s broader litigation strategy to ensure that older adults with disabilities can age with dignity and autonomy — whether in their homes or in community-based care settings.  

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About AARP Foundation 
AARP Foundation, a charitable affiliate of AARP, works to strengthen financial resilience for and with older adults by empowering individuals and improving systems. We do this by creating pathways to work, expanding access to financial support, mobilizing volunteer-driven community service, and advancing legal advocacy so that everyone can age with dignity and purpose. To learn more, visit aarpfoundation.org or follow @AARPFoundation on social media. 

About Mobilization for Justice 
Mobilization for Justice envisions a society in which there is equal justice for all. Mobilization for Justice’s mission is to achieve social justice, prioritizing the needs of people who are low-income, disenfranchised or have disabilities. We do this by providing the highest quality direct civil legal assistance, conducting community education and building partnerships, engaging in policy advocacy, and bringing impact litigation.  

About Pillsbury Winthrop Shaw Pittman LLP 
Pillsbury Winthrop Shaw Pittman LLP is an international law firm with a particular focus on the technology & life sciences, energy, financial, and real estate & construction sectors. Recognized as one of the most innovative law firms by Financial Times and one of the top firms for client service by BTI Consulting, Pillsbury and its lawyers are highly regarded for their forward-thinking approach, their enthusiasm for collaborating across disciplines and their authoritative commercial awareness.