On March 30 2021, Relman Colfax filed a disability rights lawsuit in the U.S. District Court for the Northern District of New York, against Clover Group Inc. and its affiliate companies on behalf of three seniors with disabilities and five fair housing organizations.

Named Plaintiffs include three senior residents of Camillus Pointe, a property owned by Clover Communities Camillus LLC, just outside of Syracuse, New York: Phyllis Bartoszewski, Lois Harter, and Deanna Town; and five fair housing organizations in New York, Pennsylvania, and Ohio: CNY Fair Housing, Fair Housing Partnership of Greater Pittsburgh, Fair Housing Center for Rights & Research of Cleveland, Housing Opportunities Made Equal of Buffalo, and Housing Opportunities Made Equal of Cincinnati. Defendants include Clover Group Inc., Clover Group New York LLC, Welltower Inc., WellClover Holdings LLC, Clover Management, Inc., and corporate owners of sixteen Clover properties located in three states.

The lawsuit alleges that defendants – who own more than forty (40) senior properties across New York, Pennsylvania, Ohio, Indiana, Kentucky, and Missouri – have illegally denied reasonable accommodations requested by residents with disabilities, charged impermissible fees and required unreasonable medical documentation in support of such requests. In particular, senior residents have, because of mobility-limiting disabilities, sought designated and/or accessible parking spaces near their apartment units.   In addition, the complaint alleges that defendants routinely impose surcharges on units that are located   on the first floor, close to the elevator, or that have accessible features like a grab bar.

The Relman Colfax case team includes Sara Pratt and Reed Colfax, with paralegal assistance from Brianna Terrell. The Relman Colfax case team is co-counseling with CNY Fair Housing, Inc.

Case citation: 5:21-cv-00361-BKS-ML

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