lawyers in suits with clipboards

The developer and owners of eight senior living complexes in five states agreed last week to a $450,000 settlement over claims that they violated discrimination laws by failing to make their properties accessible for people with disabilities.

Dominion Management was accused of violating the Fair Housing Act and the Americans with Disabilities Act by failing to build properties with required accessible features for residents with disabilities, according to a Department of Justice news release.

Under the consent order approved last week by the U.S. District Court for the Northern District of Alabama, Dominion Management and its affiliate companies will pay to retrofit properties, will pay $400,000 into a settlement fund to compensate residents harmed by inaccessible housing, and will pay $50,000 in civil penalties. The companies also have agreed to undergo training to ensure that future construction complies with federal accessibility laws, and they will make periodic reports to the Justice Department.

The consent order, which covers more than 1,500 units, also prohibits the companies from raising rents or requiring any deposit or other fees solely to fund the completion of the retrofits. 

The case originated with the U.S. Attorney’s Office for the Middle District of Tennessee over potential accessibility barriers at Somerby Franklin, an independent living, assisted living and memory care community in Franklin, TN. 

Under the terms of the settlement, Dominion will create accessible pedestrian walkways to the leasing office and site amenities, install accessible curb cuts and parking, and modify kitchens and bathrooms at the following senior living complexes: Fleming Farms in Huntsville and Somerby St. Vincent’s One Nineteen in Birmingham, AL; Somerby Peachtree City, Somerby Sandy Springs and Westside, Alpharetta, GA; Somerby Santa Rosa Beach, FL; Somerby Mount Pleasant, SC; and Somerby Franklin, TN.

Bob Goyette, chief operating officer for Bridge Senior Living, which provides property management for the Somerby buildings, said that current ownership had no involvement with the design or construction of the targeted senior living communities.

“We understand and appreciate the needs of seniors, and we are committed to allowing the original development to make the accessibility updates as required by the consent order,” Goyette told McKnight’s Senior Living. “Our main role will be to provide access to perform any necessary corrections, which we will do with as minimal inconvenience to our residents as possible.”

Dominion Management had not responded to a request for comment from McKnight’s Senior Living by the production deadline.