Senior rental complex can’t block caregiver under guise of ‘independent living’ requirement

Question: I am an elder who lives in a 55-and-over senior complex. I recently had a stroke, which has permanently affected my mobility and balance. My doctor recommended that I hire a live-in caregiver to assist me with the lasting impact of my stroke. When I provided a note from my doctor to the property manager, she told me that the property was “independent living” only and that I couldn’t stay there if I needed a caregiver. Is this allowed?

Answer: No. “Independent living” requirements generally are considered a form of disability discrimination under state and federal fair housing laws. Although many senior complexes advertise themselves as “independent living,” they cannot refuse to rent or sell to a senior who requires a caregiver to assist with his or her disabilities. Denying access to people with caregivers is equivalent to denying access to people with disabilities, which is illegal. It’s also illegal to ask residents whether they have any disabilities that may make it difficult for them to live independently.

Independent living requirements are considered unlawful because they are contrary to the purpose of fair housing laws. The ban on disability discrimination in housing is designed to provide people with disabilities with many opportunities to live in the housing of their choice in the community of their choice. No one should be forced to live in an institution or an assisted living facility.

It sounds like you and your doctor believe you are capable of continuing to live in your home with some additional assistance, and your property manager can’t prevent you from doing so.

Current is fair housing director for Project Sentinel, a Bay Area nonprofit.

For more information, contact Project Sentinel at (888) 324-7468, info@housing.org, visit housing.org or contact your attorney or local housing agency.