BOLI orders foster care provider to pay $10,000 for mental anguish in housing case

The complainant, who had physical and mental disabilities, rented a room at the Lambert Street Room and Board Facility, which was licenced as an adult care home. Several times a day residents of Lambert Street would pick up their medications at the adjacent Mt. Scott Residential Care Home.

Frequently the complainant chose to skip his medication because of its unpleasant side effects. According to the complainant, the managert hreatened to evict him if he did not take his medication. The complainant filed a civil rights Bureau of Labor and Industries. The Administrative Law Judge who heard the case determined there was credible evidence that eviction had been threatened and was not justified under Oregon statutes that prescribe the grounds for involuntary removal from adult care homes. 

In the order dated November 16, 1999 the Labor Commissioner ruled that these acts constitution direct discrimination based on complainants disability in violation of Oregon fair housing law. He awarded $10,000 for mental anguish based on damages awarded in other BOLI cases. The entire order is on the web at www.boli.state.or.us/legal/mtscott.pdf.