Architectural Firm Allegedly Violates Fair Housing Act

A settlement was made between the Justice Department and an architectural firm for an alleged violation against the Fair Housing Act on Sept. 14. The developer and architectural firm have agreed to compensate 10 apartment complexes in Spokane and pay $540,000.

The settlement still needs to be approved by the U.S. District Court for the Eastern District of Washington. The settlement includes redevelopment of the complexes in order for more accessibility; payment of up to $500,000 to those injured from the lack of accessibility; spend $15,000 on accessibility training for local designers and developers; and a payment of $25,000 as a civil penalty.

Cedar Property Management Co, Richard Naccarato and affiliated companies and Glen A. Cloninger and Associates allegedly violated the Fair Housing Act through the design and construction of the apartment complexes. The apartment complexes include Cedar Springs Estates I through IV, Cedar Creek Village I and II, Cedar Chateau Estates A and B, Cedar Forest Estates, and Cedar Canyon Villas. These complexes will be revised in order for the complexes to be accessible to the disabled individuals.

The Civil Rights Division of the New Freedom Initiative helps provide greater access for disabled Americans. Through the use of the Fair Housing Act, the Division has filed over 167 lawsuits including 34 based on design and construction provisions since Jan. 20, 2001.

Under the Fair Housing Act discrimination based on race, color, religion, national origin, sex, disability and familial status is prohibited.

If an individual was injured due to the lack of accessibility in any of the ten apartment complexes they should contact 1-800-896-7743 and if an individual has been a victim of someone violating the Fair Housing Act they should contact 1-800-669-9777.

Source: Justice Department Settles Disability Discrimination Lawsuit Against Spokane, Washington Developer and Architectural Firm http://www.usdoj.gov (202) 514-1888 (Wednesday, September 14, 2005)

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Universal Design Makes way to Kobe

After the 1995 Great Hanshin Earthquake, Kobe, Japan, now the practitioner of the Universal Design, began rebuilding their city through the use of Universal Design in order to make the city friendlier for people of all ages.

The idea of using Universal Design was first advocated in 2000 to ensure a better and safer community. These ideas were similar to the resident’s of Kobe’s own reconstruction approach.

In the city’s Nagata Ward, UD is most applied because citizens hope to rebuild this part of town inclusive to every citizen including the disabled, elderly and foreigners.

Furthermore, even Ikeda Primary School in Nagata Ward is using the UD approach. For example, the toilets at the local elementary school are now wheelchair accessible and have brighter and larger toilets with facilities for the disabled.

Universal design is an approach to designing facilities, products, services and environments intended to make them as usable as possible for as many people as possible, regardless of age, gender, culture or physical condition.

Source: Universal Kobe; City Aims to Create More Accessible, Welcoming Urban Environment (Oct. 1, 2005) http://www.yomiuri.co.jp/dy/features/scene/20051001TDY12001.htm

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Home Depot Teams With AARP to Launch Free Workshops

ATLANTA – On Sept. 29 the Home Depot in conjunction with AARP will debut workshops in all the Home Depot stores nationwide on Tuesday, October 11.

At every Home Depot store there will be three workshops held. They are Update Your Home for Lifelong Comfort and Safety, 11 am; Home Energy Efficiency Projects That Save You Money, noon; and Preventive Home Maintenance to Protect Your Most Valuable Asset, 7 pm.

The workshops will teach participants how to make modifications to their homes that will make it more comfortable; identify sources of energy loss that increases the utility bills; and participants will learn how to conduct routine home maintenance to prevent damage to their home.

These new workshops are part of the Home Depot’s strategic alliance with AARP as an extension of the company’s popular how-to clinic program. The Home-Depot- AARP Workshops will cover topics revealed to be of most interest to homeowners 50 and over according to a recent survey conducted by the Home Depot. The workshops will be conducted by knowledge Home Depot associates.

The 50 and over population is the fastest growing consumer segment in America. They consist of over 40 percent of US adult population. Furthermore, 89 percent of those 50 and older want to remain in their current homes as they age. Thus, they will need to make changes to their home in order to ensure that it is a  safe and functional environment.

AARP and the Home Depot began their relationship in Dec. 2004 as an exclusive multi-year, multi-faceted agreement that includes a number of educational, merchandising and marketing initiatives designed for AARP members and The Home Depot's 50 and older customers.

Source: “The Home Depot and AARP Launch Nationwide Workshops” Connie Bryant, The Home Depot, (770) 384-2156 connie_bryant@homedopt.com; Bryant Foelber, AARP (202) 434-2560, befoelber@aarp.org

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Medicaid Coverage or Home?

Some elderly homeowners would have to sell their homes to qualify for federal nursing home assistance under a plan working its way through Congress.

A provision that could pass the House next week would block anyone owning a home valued at more than $500,000 from obtaining nursing home assistance under Medicaid.

Republican House leaders say the tighter rules - part of a package aimed at reducing fraud under Medicaid - are needed to stop wealthy seniors from draining the health insurance program for the poor.

But senior advocates predict the changes would hurt low-income seniors who cannot afford nursing-home care. More seniors now use nursing homes for temporary care, advocates said, and forced home sales could complicate a return home.

Medicaid picks up the tab for a nursing home stay only after a patient has exhausted all assets. Under current law, a home is not counted as an asset.

"A person's house has always been seen as very symbolic - the American dream," said Kirsten Sloan, a lobbyist for AARP. The national senior advocacy group is opposed to the changes.

But Rep. Nathan Deal, R-Ga., chairman of the House Energy and Commerce Subcommittee on Health, said, "If we're serious about doing something about the problems in Medicaid, this is a place .*.*. to start."

"If you tell the average taxpayer in this country that they are having to pay for the nursing home cost for a person who has a half- million dollar equity, the taxpayer would say there's something wrong."

In much of the country, only the wealthy live in half-million dollar houses. But in some markets, $500,000 does not buy luxury mansion. This is especially true along the East and West Coasts, including parts of Virginia and Florida.

In some real estate markets, the AARP's Sloan said, someone who is cash poor could have bought a house three or four decades ago that has increased greatly in value.

State legislatures and Congress are trying to cope with higher health costs in the program that provides medical care for the poor. One potential fix is to make it harder for the wealthy to shelter assets and qualify for aid.

Medicaid can deny nursing home and other benefits temporarily to those who transfer funds to family members within the last three years. One proposal would extend the benefit denial period to five years.

The stricter rule on homes would not apply to a married couple if one spouse lives in the home while the other goes into a nursing home.

Source: Sean Mussenden, Medicaid coverage or home? http://www.timesdispatch.com ( Nov. 5, 2005 )

Courtesy of AARP

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