Firm working with AARP Foundation Litigation and University Legal Services to protect housing rights under Americans with
Disabilities Act

WASHINGTON, DC – FEBRUARY 16, 2012 – Arent Fox LLP and its co-counsel announced a major victory this week for nursing home residents in the District of Columbia following a federal court decision rejecting the DC government’s contention that it has complied with the American with Disabilities Act (ADA) by providing services to nursing home residents who want to live in the community.

In a landmark decision, US District Judge Ellen Huvelle rejected the District’s motion for summary judgment and motion to dismiss a class action lawsuit brought on behalf of nearly 3,000 nursing home residents. The suit alleges that the District has failed to comply with an ADA requirement that state and local governments provide services to people with disabilities in the most integrated setting possible.

The class action suit, Day v. District of Columbia , was filed in 2010 on behalf of the nursing home residents by a legal team from Arent Fox LLP, University Legal Services, and AARP Foundation Litigation.

In rejecting the District’s motion and allowing the suit to move forward, Judge Huvelle found that the District has only transitioned three people from nursing home facilities over the last five years under a federally funded program called Money Follows the Person, as opposed to the initial goal of transitioning nearly 900 people. The court concluded that this disparity failed to reflect a true commitment to integration by the District.

Judge Huvelle also noted that the steady 90 percent occupancy rate of nursing facilities since 2000 was evidence of the District’s lack of effort to comply with the ADA’s integration mandate.

“This is a truly significant civil rights victory for thousands and thousands of DC residents who are rightfully demanding that the District uphold their right to live in an integrated community setting,” said Brian Schneider, an attorney in Arent Fox’s litigation practice in Washington, DC. “We are very gratified with Judge Huvelle’s decision and extremely pleased that we will be able to move forward with this case that seeks to provide a healthier, happier life for people in our community, most of whom are senior citizens and many of whom are veterans of our armed forces. Arent Fox, along with co-counsel from University Legal Services and AARP Foundation Litigation, are committed to ensuring that the most vulnerable members of our society are protected and get to live their life in safety and with dignity.”

To read The Washington Post article on the court’s decision, please click here.