HUD stands for US Department of Housing and Urban Development. This government agency is responsible for enforcing and interpreting the Fair Housing Act (listed below). In searching for materials concerning housing and discrimination, this site has a Fair Housing tab, as well as a search option for more specific terms.
The Judge David L. Bazelon Center for Mental Health Law has been the leading advocacy resource for people with mental disabilities. The Center participates in litigation, legislation, and publication in its efforts to protect the legal rights of individuals with mental illness. This site has an "Issues" drop-down menu with a housing option, as well as a search option.
The Department of Justice is the agency led by the US Attorney General. This site has a search option.
EXAMPLE: DOJ's Technical Assistance Manual on the Public Accommodations clause of the ADA
This article by Robert Schemm and Michael Allen explores the ways in which the FHA and other federal housing laws affect seniors.
Eric Carlson's article establishes the applicability of the no-inquiry policy of the FHA to nursing home admissions practices.
Disability Discrimination in Long Term Care: Using the Fair Housing Act to Prevent Illegal Screening in Admissions to Nursing Homes and Assisted Living Facilities
Another article by Eric Carlson, this piece focuses on the screening procedures conducted by long term care facilities and their legal responsibilities under the FHA.
This section of the ADA is particularly relevant with respect to discriminatory practices in assisted living facilities. Also check the public accommodations section of your state's Human Rights Act in cases like these.
Wagner is a critical case for establishing that nursing homes have a burden of reasonable accommodations in their admissions process in addition to the accommodations required during the term of the residency. The claim in this case was brought under the Rehabilitation Act of 504. The 3rd Circuit court decided the case in 1995, and held that denial of a woman with Alzheimer's based on her behavior had to be substantiated by evidence that they couldn't reasonably meet her needs without undue burden or fundamental alteration to their program. They also noted the Congressional intent behind the Rehabilitation Act, similar to that of the FHA and ADA, that courts interpret the statute liberally to the effect of preventing discrimination.
Hovsons is a case that holds the FHA applicable to long term care facilities. The analysis hinges on the meaning of the word "dwelling" under the FHA. Dwelling's definition includes the word "residence," and residence is defined here by two elements: 1) whether or not the person intends to reside their for a prolonged period of time and 2) whether or not the person considers the dwelling somewhere to return. Analyzing a nursing home, the court found that people very often spend the rest of their lives in a long term care facility and consider it the dwelling to which they'll return upon leaving.
Note: This interpretation is also promulgated by HUD at 59 Fed. Reg. 33, 364 (June 28, 1994).
Hahn ex. rel. Barta v. Linn County, Iowa (130 F. Supp. 2d 1036, Iowa 2001)
Hahn is an important case for the establishment of a group home as a public accommodation, an argument helpful in making the same case for assisted living facilities. The critical language is "Title III of the ADA prohibits any person who owns, leases, or operates a place of public accommodation from discriminating against an individual on the basis of that individual's disability." (42 U.S.C. § 12182(a) (1994)). The court said that there was no dispute that for the purposes of the ADA, the operator of the group home was a private entity providing public accommodations.
Note: Another good case for the application of Title III of the ADA to assisted living facilities is Lindgren v. Camphill Village Minnesota, Inc.