Settlement Reached for Seniors Who Must Leave Assisted Living Home

An assisted living home for seniors in New York City is closing and five residents who had refused to move will accept a $3.35 million settlement.

In March 2014, the management of a home for seniors in Brooklyn announced that the facility was closing and the residents would have to move within 90 days. Many of those affected were angry, alleging that the building owners wanted to sell to a developer. Most moved out as requested, but one group filed a lawsuit to halt the closing.

Littman Krooks Elder LawThe New York State attorney general, investigated the matter, saying that giving seniors 90 days to leave their homes was unreasonable. Some had Alzheimer’s disease or other dementia; family members worried that they would not be able to find the same level of care at another facility and that moving would be traumatic.

By November 2014, there were eight holdouts in the building, faced with empty halls and dwindling services. Now there are five, ranging in age from 91 to 101. Each of them will receive more than $500,000 in the settlement, but they must leave their apartments by the end of the summer.

Attorneys for the residents said the settlement was a victory, giving the seniors the time and money they need to find other accommodations. An attorney for the building’s owner said he was satisfied.

The lawsuit also named the New York State Health Department as a defendant, claiming that the agency did not follow federal and state rules regarding the closing of the home. A resolution to that part of the lawsuit has not been reached at the time of this writing.

 

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