Despite being prohibited by state and federal fair housing laws, discrimination against people with disabilities remains pervasive. That’s where CLA’s Fair Housing Project comes in, as a team of attorneys and other staff helping tenants fight back against housing discrimination.

In 2023, CLA’s Fair Housing team began investigating a large affordable housing complex in Worcester, where several tenants with disabilities complained of being wrongly denied reasonable accommodations that would provide them equal access to their housing.

After over two years of litigation, CLA reached a comprehensive settlement with the owners of, and management company for, Lincoln Village Apartments (“Lincoln Village”).

In the case, CLA represented six individuals, all of whom are low-income people with disabilities, and alleged the owners of Lincoln Village and its management company, Carabetta Companies, engaged in unlawful housing discrimination.

The complaint detailed allegations that the defendants failed to properly recognize and protect the rights of tenants with disabilities. It also alleged that the defendants violated the tenants’ rights under state law by failing to provide reliable elevator access, which at times left the plaintiffs and others stranded on upper floors of the high-rise building, or stranded in the lobby and unable to return to their apartments.

As part of the court-approved settlement agreement, Lincoln Village agreed to widespread changes that will impact all of its residents, including providing its employees with training on federal and state anti-discrimination laws. Lincoln Village will also review and update its existing reasonable accommodation policies. CLA’s attorneys will monitor Lincoln Village for two years to avoid potential further discrimination against other disabled and elderly residents.  

Michelin C. Cahill, Senior Supervising Attorney for CLA’s Fair Housing Project, noted,

“In this case, our six plaintiffs bravely came forward to ensure their neighbors didn’t face the same discrimination that they had. Through this lawsuit they demanded safety and dignity in their housing and for their neighbors.”

Hector* worked as a forklift operator at a large chain store for over twenty years before going out on medical leave with a hernia. Due to a misunderstanding about the number of sick days he had accrued, Hector was fired for absenteeism. After applying for unemployment benefits, he suffered a debilitating stroke that left him unable to work or communicate verbally.

Although he could not work after the stroke, Hector had been able to work from the time he was fired until he had his stroke, and he was legally entitled to unemployment benefits for this period. Unfortunately, the Department of Unemployment Assistance erroneously denied those benefits.

Having missed the deadline to appeal Hector’s denial of benefits, his family reached out to CLA and were connected with CLA Employment Law Attorney Madison O’Brien.

Attorney O’Brien worked closely with Hector’s daughter to prepare for several hearings related to Hector’s benefits. At each hearing, Attorney O’Brien carefully and patiently explained to the review examiners why her client’s daughter was speaking on Hector’s behalf, and also why Hector met the various requirements for unemployment benefits. Attorney O’Brien also argued that after Hector had suffered his stroke, he was eligible for three weeks of illness benefits, a benefit that does not require the person to be capable of working.

Throughout this nearly year-long process, Attorney O’Brien prevailed on Hector’s behalf at all of the hearings. Thanks to her diligent advocacy, Hector was awarded retroactive benefits for all the weeks that he was owed, benefits that were much needed as he continued recovering from his stroke.

Community Legal Aid’s Employment Unit represents workers with claims related to wage theft, employment discrimination, and family and medical leave issues. The Unit is also the only local provider of free legal assistance for workers fighting for unemployment benefits with cases before the Department of Unemployment Assistance.

*A psuedonym

Read more stories like this one in Community Legal Aid's Fiscal Year 2025 Annual Report.