After Undercover Fair Housing Test, Pegasus Senior Living Agrees to Settlement That Protects the Rights of Older Californians with Disabilities

SACRAMENTO – The California Civil Rights Department (CRD) today announced a voluntary settlement with Pegasus Senior Living, which operates several locations across California, over the alleged failure to provide American Sign Language (ASL) interpretation. The settlement is the result of an undercover fair housing test conducted by the Fair Housing Federation of Southern California. In addition to monetary compensation, the voluntary settlement will result in improved access to ASL interpretation and other reasonable accommodations for people with disabilities.

“Far too many Californians continue to face unlawful and often invisible barriers to having a place to call home,” said CRD Director Kevin Kish. “Undercover fair housing tests are one way we can help identify and prevent discrimination. I’m grateful to the numerous fair housing organizations in California that are taking action every day to help protect the rights of our state’s residents. Our civil rights laws provide strong protections to ensure older Californians and people with disabilities aren’t unlawfully kept out of housing.”

Alleged Housing Denial Uncovered

Earlier this year, CRD received a civil rights complaint from the Fair Housing Federation of Southern California after the federation uncovered an alleged instance of disability discrimination at the Whispering Winds of Apple Valley, a 50-unit Pegasus Senior Living location in San Bernardino County. The complaint alleged that staff at the Whispering Winds effectively denied housing access to a tester who requested ongoing ASL interpretation for a deaf relative by failing to properly engage in the reasonable accommodation process. In other words, Pegasus Senior Living allegedly failed to take steps required by law to identify and make reasonable changes to their policies to ensure every potential resident has an equal opportunity to live at their facilities.

Fair housing testing is a long-established method often used by nonprofit fair housing organizations to help proactively identify and eliminate discriminatory barriers to housing. It can include testers posing as someone else or requesting assistance for another person, including those in need of disability accommodations. Testing is an important tool to help uncover the nature and extent of potential housing discrimination that might not be readily apparent to individual prospective tenants. For instance, paired testing involving people of different races separately applying for housing at the same location can help uncover racial discrimination that might not be immediately apparent, including in the form of increased rent prices or someone being shown less favorable apartment options.

Mediation Brings Results

After conducting an initial investigation, CRD provided the Fair Housing Federation of Southern California and Pegasus Senior Living with an opportunity to voluntarily resolve the allegations through mediation. As a result of the settlement, Pegasus Senior Living, without admitting liability, will:

• Ensure staff at all California facilities take training on how to respond to accommodation requests, including those related to hearing impairments.
• Identify and submit its policies on reasonable accommodation requests from current or prospective residents to the Fair Housing Federation of Southern California.
• Report on compliance with the agreement to CRD.
• Pay $35,000 to the Fair Housing Federation of Southern California, which identified the alleged violation.

If you or someone you know has experienced discrimination, CRD may be able to assist you through its complaint process. The department also provides general information and factsheets online about civil rights protections for members of the public, including with respect to housing discrimination against people with disabilities.

The settlement announced today was mediated by Attorney Mediator Rebecca Schonberg.

You can learn more by reading a copy of the settlement.

The California Civil Rights Department (CRD) is the state agency charged with enforcing California’s civil rights laws. CRD’s mission is to protect the people of California from unlawful discrimination in employment, housing, public accommodations, and state-funded programs and activities, and from hate violence and human trafficking. For more information, visit calcivilrights.ca.gov.

View Press Release (PDF) After Undercover Fair Housing Test, Pegasus Senior Living Agrees to Settlement That Protects the Rights of Older Californians with Disabilities