Attorney General Mayes Sues Behavioral Health Facility Operators for Discrimination Against Resident with HIV

PHOENIX - Attorney General Kris Mayes today announced a lawsuit under the Arizona Fair Housing Act against Olive Branch Assisted Living, LLC, Terra Medical LLC, Terra Medical of Arizona LLC, and their owner, Russell Appleton.

The Arizona Fair Housing Act prohibits discrimination based on disability, as well as any actions that coerce, intimidate, or interfere with a person's fair housing rights.

The lawsuit alleges that these facilities discriminated against a resident in Casa Grande who sought behavioral health services. After being diagnosed with HIV while living at the facility, the resident was removed due to her diagnosis. The suit also states that the operators disclosed her diagnosis to others at the facility, identifying her by implication. Following this, when the resident filed a complaint, the defendants allegedly retaliated, threatening her with a countersuit aimed at financial ruin, which they eventually filed and later dismissed.

"Discrimination against people with HIV is an ugly relic of the past, and my office is committed to preventing and prosecuting every form of disability discrimination," said Attorney General Mayes. "Disability discrimination has no place in Arizona, whether it's at the workplace, in a person's housing, or receiving medical care."

This litigation is being handled by Assistant Attorneys General Ryan Bishop and Tarah White. The investigation was conducted by Compliance Officer Elizabeth Amarillas. A copy of the complaint is available below.

Earlier this month, Attorney General Mayes announced a public awareness campaign on housing discrimination and renters' legal rights.

Attorney General Mayes urges anyone who believes they have experienced housing discrimination to file a complaint with the Civil Rights Division of the Attorney General's Office. You may also call the Attorney General's Office in Phoenix at (602) 542-5263 or in Tucson at (520) 628-6500.