Fair Housing Act Wheelchair Ban Settlement $116,000
Author: U.S. Department of Justice
Published: 2009/08/14 - Updated: 2026/03/30
Publication Details: Peer-Reviewed, Announcement
Category Topic: Laws and Rights - Related Publications
Contents: Synopsis - Introduction - Main - Insights, Updates
Synopsis: This peer-reviewed announcement details a significant Fair Housing Act enforcement action where the U.S. Department of Justice secured a $116,000 settlement against Rathbone Retirement Community in Evansville, Indiana, for prohibiting residents from using motorized wheelchairs and scooters inside their apartments and common dining areas. The case, which originated from HUD complaints filed by two former residents, establishes critical legal precedent affirming that seniors and people with disabilities living in retirement communities retain full Fair Housing Act protections regarding mobility device access. The settlement includes compensation for three affected residents, a fund for additional claimants, civil penalties, mandatory fair housing training, and implementation of nondiscrimination policies - making this information particularly valuable for disability rights advocates, retirement community residents and administrators, fair housing attorneys, and older adults who rely on mobility devices to understand their legal rights and the practical enforcement of federal housing discrimination laws - Disabled World (DW).
Introduction
Disability Discrimination Lawsuit Against Indiana Provider of Retirement Housing
The U.S. Justice Department has announced that the operator and manager of the Rathbone Retirement Community in Evansville, Ind., has agreed to pay up to $116,000 to resolve a housing discrimination lawsuit. The lawsuit alleged that the defendants violated the Fair Housing Act by prohibiting the use of motorized wheelchairs and scooters in residents' apartments and in the home's common dining room during meals.
Main Content
"Persons with disabilities who live in retirement communities are entitled to the protections of the Fair Housing Act," said Loretta King, Acting Assistant Attorney General for the Civil Rights Division. "This agreement will ensure equal access to housing for those individuals who use mobility aids to move about independently in their daily lives."
"This enforcement action provides yet another real-life example of our commitment to support the rights of persons with disabilities," said U.S. Attorney Timothy M. Morrison for the Southern District of Indiana.
The agreement, which must be approved by the U.S. District Court for the Southern District of Indiana, requires Rathbone Retirement Community Inc. and its resident manager Norma Helm to pay a total of $70,000 to three former residents. It also requires them to establish a $25,000 settlement fund for others who may have been injured by the policy and pay the government a $21,000 civil penalty.
The agreement requires the defendants to provide fair housing training for employees, adopt nondiscrimination and reasonable accommodation policies, and maintain and submit records to the United States for the two-year term of the agreement.
"Wheelchair access is vital for many seniors and people with disabilities. This settlement underscores the importance of that right and the government's resolve to it," stated John Trasvina, Assistant Secretary for Fair Housing & Equal Opportunity at the U.S. Department of Housing and Urban Development (HUD).
The case originated when two former residents of the Rathbone Retirement Community filed separate complaints with HUD. HUD investigated the complaints, determined there was reasonable cause to believe that unlawful housing discrimination had occurred and referred the matter to the Justice Department.
Persons with disabilities who believe they may have been discriminated against can call the Housing Discrimination Tip Line (1-800-896-7743), email the Justice Department, or contact the U.S. Department of Housing and Urban Development at 1-800-669-9777.
Insights, Analysis, and Developments
Editorial Note: This settlement represents a watershed moment in clarifying that fair housing protections don't stop at a retirement community's front door. The defendants' policy - banning wheelchairs from private apartments and communal dining spaces - effectively forced residents to choose between independent mobility and basic daily activities like eating meals with neighbors. While $116,000 may seem modest for restricting fundamental movement rights, the real impact lies in the precedent: retirement communities nationwide must now recognize that mobility devices aren't optional accommodations but essential extensions of residents' bodies, protected under federal law just as firmly in these specialized housing settings as in traditional apartments or homes - Disabled World (DW).Attribution/Source(s): This peer reviewed publication was selected for publishing by the editors of Disabled World (DW) due to its relevance to the disability community. Originally authored by U.S. Department of Justice and published on 2009/08/14, this content may have been edited for style, clarity, or brevity.