fbpx

Harbor’s Edge Settles Lawsuit Brought by US Department of Justice

Harbor's edgeWow, this one is too close to home. Fort Norfolk Retirement Community, Inc., which operates Harbor’s Edge, a CCRC in Norfolk, Virginia has settled a lawsuit brought against it by the Justice Department that claimed the community was discriminating against residents with disabilities. This lawsuit exposes the unlawful policies perpetrated against our most venerable adult population: the elderly and disabled. 

Continuing Care Retirement Communities or CCRCs as they are more commonly known are supposed to offer residents access to the entire residential continuum — from independent housing to assisted living to round-the-clock nursing services — under one "roof" and most charge big fees for this one stop shopping.   However, some CCRCs, including Harbor's Edge in Norfolk, Virginia, have been accused of preventing residents, whose worsening health requires them to move to a higher level of care, from accessing their prepaid privileges and amenities available to those in independent housing. 

A recent blog posted by ElderLaw Answers, entitled “CCRC Settles Discrimination Lawsuit”, reports that the Justice Department filed a complaint alleging that Harbor’s Edge had violated the Fair Housing Act by instituting a series of policies that limited residents in the assisted living, nursing and memory support units from using their so-called ‘independent living’ dining rooms.  It further alleges violations in their policy of restricting certain residents from attending community events with independent living residents. More damning still is the allegation that the CCRC actually retaliated against residents and family members who complained about these policies. Fort Norfolk discriminated against residents who used motorized wheelchairs as well by requiring them to pay a non-refundable fee, obtain liability insurance and get the administration’s permission before the resident could use their motorized wheelchairs. 

Under the consent decree, filed May 12, 2015, while Harbor’s Edge does not have to admit liability, it has agreed to pay $350,000 into a settlement fund to compensate residents and family members who were harmed by these policies. In addition, it agrees to a new dining and events policy, a new reasonable accommodation policy, and a new motorized wheelchair policy. This settlement must still be approved by the court.   

You can learn more about this topic as well as other strategies on our website under the tab entitled: elder law planning in Virginia. Be sure you also sign up for our complimentary e-newsletter so that you may be informed of all the latest issues that could affect you, your loved ones and your estate planning.  However, proper estate planning is not a do-it-yourself project.  Why not call us for a complimentary consultation at 757-259-0707.

ReferenceElderLaw Answers.com (June 2015) “CCRC Settles Discrimination Lawsuit”

Like this article?

Share on facebook
Share on Facebook
Share on twitter
Share on Twitter
Share on linkedin
Share on Linkdin
Share on pinterest
Share on Pinterest

Leave a comment

LIKE THIS POST?

We have a LOT more where that came from!

We hate spam too. We will never share or sell your information.

Call Now ButtonCall Us Now https://jsfiddle.net/7h5246b8/

Request a free consultation

We hate spam too. We will never share or sell your information.

We've been putting together as many resources as possible so that we can continue to help:

  • If you’re a current client with a signing appointment or a prospective client with a consultation and would prefer that meeting take place in your own home, we can accomplish that with a little bit of pre-planning on our part and with the addition of a laptop, smartphone, tablet or other computer in your home to facilitate this virtual meeting. For those of you that need to sign legal documents, that too can be accomplished with the use of a webcam (FaceTime etc.), so that we can witness and electronically notarize all of your important legal documents.
  • We launched the rollout of our on-demand webinar early so that new clients and our allied professionals can view the important component parts of ‘an estate plan that works’ at their convenience.  That is available on our website.
  • Live video workshops will be produced as quickly as possible and certainly ahead of our previous schedule; we will keep you posted as these events become available. Given the ‘boutique’ nature of the firm, we rarely have more than ten people in our office including team members at any one time. During this period of ‘social distancing,’ we promise to have no more than 8 people at any time.   This allows us to comply with the Governor’s directive to limit in-person gatherings.
  • The best way to communicate with us is still by phone during regular office hours of 8:30 to 5:00, Monday through Friday, or, you can email any of our team members (that is, their first name followed by @zarembalaw.com).  We will respond to these emails as quickly as possible.
  • Please continue to follow the directives of our local, state, and federal agencies. For your health and in consideration of our team who is assisting you, if you’ve scheduled an office appointment or planned to drop off paperwork and are experiencing a fever, dry cough, or shortness of breath, please contact your primary care doctor for guidance and then our office to reschedule.

Thank you, Walt and the Zaremba Team

Coronavirus/Covid-19
Update to our Process

The unprecedented coronavirus pandemic has taken our entire country by surprise. We understand how difficult this time is for America’s businesses and families.  However, we believe it is vitally important that we make every effort possible to continue to offer solutions that avoid disrupting our important partnership with you, your family and friends.  As you know, estate planning is not something that should wait for a more convenient time, therefore the opportunity to address your important goals both during and after this crisis should not wait.  To that end, we have added the option of a ‘virtual consultation’ to our office process.  You will now have a choice of either meeting with us in our office or in the comfort of your own home.