As if to put an exclamation point on its’ requirement that the ability to live independently not be a condition of apartment living, HUD has reached a conciliation agreement with Huntington Management, operators of five “independent living” properties known as Oakmont Senior Communities in Michigan. The agreement settles allegations that Huntington fired an employee at one of the properties because she raised fair housing concerns about the company’s policy of monitoring the health of applicants and residents. This agreement is the first HUD enforcement action against senior properties in Michigan. The former employee, who will receive $35,000 in compensation, worked with the Fair Housing Center of Metropolitan Detroit (FHCMD), a non-profit fair housing organization that receives HUD funding, to file the complaint. After the woman’s complaint, fair housing testers with the organization found the properties were regularly and uniformly collecting medical data on applicants and residents and engaging in “gate-keeping” practices. These practices included not permitting residents who had to leave their units for hospital stays to return to their units if the were deemed by management to be not “independent” enough. In addition to compensating the former employee, Huntington must alter its policies to no longer require residents returning from hospital stays to undergo a “gatekeeping review” or provide medical information.
This case is a reminder to operators of all multifamily properties – whether family or senior – that it is discriminatory to require that residents be able to live independently. Owners should limit their requirements to those required to ensure compliance with the lease, and nothing else.