Scotts Valley assisted living facility to renovate units for disabled residents free of charge as part of class action settlement

An assisted living facility in Scotts Valley has agreed to renovate housing units to accommodate residents with disabilities and update its operations and emergency policies to settle a federal class action lawsuit. 

The lawsuit against Brookdale Senior Living — the nation’s largest assisted living operator — accused the company of elder financial abuse, violating the Americans with Disabilities Act (ADA) and operating understaffed facilities in a way that “fails to consistently provide even the most basic level of promised care.” 

Residents alleged in the lawsuit that Brookdale charged steep monthly fees despite chronic understaffing, that staff sometimes dispensed incorrect medication and that residents were left unbathed, sitting in their own waste. The lawsuit also alleged that the senior living homes failed to provide accessible housing for residents with disabilities, including units without roll-in showers and sinks positioned too high for wheelchair users. Brookdale has denied any wrongdoing. 

“We consider this a significant victory for disability rights for vulnerable seniors, for people with disabilities nationwide,” said Gay Crosthwait Grunfeld, who represented the plaintiffs. The judge approved the settlement last month. 

Crosthwait Grunfeld said the settlement will have repercussions in the senior housing industry because it’s the first time an assisted living facility has been required to make renovations to comply with the ADA’s access standards.

“We expect other assisted living facilities to come into line and to begin renovating their facilities without charging [residents], without fighting them,” she said. Rather, the assisted living industry will have to “understand the national mandate of the ADA, which is to end discrimination and isolation of people with disabilities.” 

In an email to Lookout, Brookdale said the settlement is favorable to the company and “includes no finding of wrongdoing.” While the company continues to dispute the allegations, it can move forward and stay focused on providing high-quality services to its residents, it said. 

The company, which operates 40 assisted living facilities in California, agreed to pay $14 million dollars in attorney’s fees and $5,000 to the three residents representing each facility in the case. The plaintiffs had asked for class action damages for disability discrimination but the judge decided not to give the case class action status on that issue.

Brookdale has two years to complete “readily achievable fixes,” such as adding grab bars in rooms for residents, and has five years to complete full renovations to the facilities to accommodate residents with disabilities. The settlement applies to three locations in California: Scotts Valley, San Ramon in Contra Costa County and Brookhurst in Orange County, Crosthwait Grunfeld told Lookout.

For the Scotts Valley facility, Brookdale has agreed to renovate five studio units, five one-bedroom units, one two-bedroom unit and one combined unit to accommodate ADA requirements, according to court documents. All of the units are required to provide a roll-in, barrier-free shower designed for wheelchair or mobility aid users. 

Crosthwait Grunfeld said the settlement requires Brookdale to accommodate residents’  needs at no additional cost to the resident or their family. A “neutral” architect — someone certified by the state’s Certified Access Specialist program to inspect buildings and ensure they are compliant with state and federal ADA requirements — will be hired to oversee renovations, she said. 

The assisted living operator is also required to also provide staffing data for two years to the plaintiffs’ attorneys, who will monitor that Brookdale has enough staff to provide residents with services they need. 

In addition, Brookdale will update some of its policies, said Crosthwait Grunfeld. Prior to the settlement, the assisted living facility required residents in electric wheelchairs to get into its vehicles by themselves, she said. One of the plaintiffs was told she couldn’t use a ramp to get into Brookdale’s bus because it wouldn’t support the weight of her scooter. Now, residents will have a choice to stay on their mobility devices when boarding the facility’s buses. Evacuation plans at the Scotts Valley and San Ramon facilities will also be updated to include safety equipment, accessible transportation and notice requirements. 

Crosthwait Grunfeld added that residents from all three facilities involved in the lawsuit, including Bernadette Jestrabek-Hart, who lives at Brookdale Scotts Valley, feel relieved that these renovations and policy changes are happening. Jestrabek-Hart was unavailable for comment by time of publication. 

“We are confident that they will [meet those deadlines], and if they don’t, we will seek the assistance of the court to ensure that our clients’ rights are respected,” Crosthwait Grunsfeld said. 

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