Retirement Communities and Leasing: FHA Compliance, Age Verification, Reasonable Accommodations
Recording of a 90-minute premium CLE webinar with Q&A
This CLE course will provide real estate counsel with guidance on how to advise all the stakeholders in the development and management of retirement communities on best practices for developing enforceable restrictive covenants, age verification, and accommodation policies for the growing number of senior housing facilities as defined by the Fair Housing Act (FHA).
Outline
- Retirement communities and rental senior housing
- Definition under FHA
- Developing restrictive covenants
- FHA compliance
- Age verification
- Reasonable accommodation of seniors with disabilities
- Assistance animals
- Private assistants/caregivers
- Good faith defenses to civil discrimination claims
- Direct threat
- Unreasonable accommodation requests
- Care facilities
Benefits
The panel will review these and other relevant issues:
- What provisions does the FHA create regarding housing for residents aged 55+?
- How can a landlord verify age and what restrictions on cohabitants can be placed on senior communities?
- How does a retirement community reconcile conflicts between disability laws and fair housing provisions?
- How can landlords and property developers mitigate liability in claims brought for discrimination related to senior communities?
Faculty
Paul A. Gordon
Partner
Hanson Bridgett
Mr. Gordon has worked with seniors housing and care providers for over 40 years. He is the author of the... | Read More
Mr. Gordon has worked with seniors housing and care providers for over 40 years. He is the author of the book Seniors' Housing and Care Facilities: Development, Business and Operations (Urban Land Institute, 1998). He has been called "godfather of senior housing" by the Chambers USA legal directory. His entire practice is devoted to the representation of senior housing and long-term care providers and related organizations. His practice includes business structuring, licensure, regulatory counseling, resident/patient contracts, management agreements; anti-kickback compliance, operational issues, risk management, dispute resolution, nonprofit organizations, specialized tax issues, fair housing, and ADA compliance. He has litigated in federal and state courts, including court and jury trials and appellate work in the California Supreme Court and Courts of Appeal and the U.S. Court of Appeal for the Ninth Circuit. He has also served as an expert witness on senior care communities in federal and state courts. He has been instrumental in drafting state and model national continuing care and assisted living facility legislation, as well as an accreditation system being developed in China. In 2010, the U.S. General Accountability Office consulted with him in preparation of its report to the Senate on Continuing Care Retirement Communities.
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Matthew J. Murer
Shareholder
Polsinelli
Mr. Murer serves as Department Chair for the firm's national health care practice, and has worked hard to build a... | Read More
Mr. Murer serves as Department Chair for the firm's national health care practice, and has worked hard to build a strong team of health care lawyers with experience that spans virtually every aspect of the health care continuum, as well as virtually every niche of practice. He emphasizes a focus on collaboration and opportunity both within the group, as well as with the firm’s health care clients.
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