Fair Housing Act and ADA Do Not Prevent Continuing Care Retirement Community
From Forcing Resident to Transfer to Nursing Home

             Long-term care facilities routinely make admission and eviction decisions based upon the health condition of the applicant or resident.  At issue frequently in these situations is the federal law proscribing discrimination on the basis of disability, specifically the Americans with Disabilities Act, the Fair Housing Act, and Section 504 of the Rehabilitation Act.  A recent federal court decision is bad news on this front for residents and their advocates, as the court found that the federal anti-discrimination requirements were overridden by state assisted living regulations and the resident’s admission agreement to a continuing care retirement community (CCRC).