I hope this link helps, cuz this case's outcome would be important to a lot of elderly in A.L.F. (Since its based on rights of disabled persons, it likely could be binding (precedent) for all other states). What do you think?

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The New York Times had an interesting article about this issue earlier this year:

Tiger, thanks for posting this rather complex situation regarding non-ambulatory residents in certain Assisted Living facilities in New York City.

It doesn't seem fair that a resident who had been residing in said Assisted Living for five years was at first no longer allowed to return to her apartment because she had to now use a wheelchair. Nice to read she was allowed back to her apartment along with her wheelchair.

It appears the ban on wheelchairs at this facility had to do with emergency evacuations of the apartment building in New York City. The facility felt there was not enough Staff to safely evacuate all the residents especially if a resident was in a wheelchair.

Where I live, Assisted Living facilities are on average no higher than 3 stories tall. Quite a difference compared to an apartment building in NYC. Thus, easier to remove all the residents. My Dad's facility would have monthly fire drills.

One would think that a facility couldn't call themselves "Assisted" Living if they wouldn't allow wheelchair use. Lot of out-dated laws that need changing.

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