Advocating for Reasonable Advocating for Reasonable Accommodation and Accommodation and

Reasonable Modification With Reasonable Modification With PHAsPHAs

Midwest Regional Housing ForumMidwest Regional Housing ForumSeptember 11, 2003September 11, 2003

Ann O’HaraAnn O’HaraTechnical Assistance Collaborative, Inc.Technical Assistance Collaborative, Inc.

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What is a PHA?What is a PHA?

Public Housing AuthorityPublic Housing Authority Separate government organizationSeparate government organization Administer 3.2 million government subsidized Administer 3.2 million government subsidized

housing resources for low income householdshousing resources for low income households 3000+ PHAs nationally3000+ PHAs nationally State PHAsState PHAs Local PHAsLocal PHAs

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How Do PHA Programs Work?How Do PHA Programs Work?

V ery L ow an dL ow -In com e H ou seh o ld s

P u b lic H ou s in gA g en c ies

U S D ep artm en t o fH ou s in g an d U rb an D eve lop m en t

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PHA ProgramsPHA Programs

Section 8 Housing Choice Voucher program Section 8 Housing Choice Voucher program – 2 million vouchers– 2 million vouchers

Public Housing program – 1.2 million unitsPublic Housing program – 1.2 million units Hope VI program – Public Housing Hope VI program – Public Housing

RevitalizationRevitalization

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PHAs and Fair HousingPHAs and Fair Housing

PHA programs must comply with federal Fair PHA programs must comply with federal Fair Housing lawsHousing laws Section 504 of the Rehabilitation Act (1973)Section 504 of the Rehabilitation Act (1973) Fair Housing Act (1988)Fair Housing Act (1988)

People with disabilities must have an equal People with disabilities must have an equal opportunity to participate in PHA programsopportunity to participate in PHA programs

Under these laws, PHAs must provide Under these laws, PHAs must provide “reasonable modification” and “reasonable “reasonable modification” and “reasonable accommodation” for people with disabilities accommodation” for people with disabilities when needed to facilitate participationwhen needed to facilitate participation

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Reasonable ModificationReasonable Modification

Making physical modifications to a housing unit Making physical modifications to a housing unit or common area/facilities so that it can be used or common area/facilities so that it can be used by a person with a disabilityby a person with a disability Unit modifications such as wider doorways, entrance Unit modifications such as wider doorways, entrance

ramps, accessible bathroom and kitchen, etc.ramps, accessible bathroom and kitchen, etc. Common areas/facility modifications such as laundry Common areas/facility modifications such as laundry

rooms, parking areas, etc.rooms, parking areas, etc.

Modification is “reasonable” if it does not impose Modification is “reasonable” if it does not impose an “undue financial burden” on the owneran “undue financial burden” on the owner

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Reasonable AccommodationReasonable Accommodation A change in a housing program policy or A change in a housing program policy or

practice in order to facilitate participation by practice in order to facilitate participation by people with disabilitiespeople with disabilities

ExamplesExamples Modifying application proceduresModifying application procedures Modifying screening criteriaModifying screening criteria Modifying other rules/policiesModifying other rules/policies

““Reasonable” accommodation defined as one Reasonable” accommodation defined as one that does not alter the fundamental nature of the that does not alter the fundamental nature of the program and does not impose an undue program and does not impose an undue financial burdenfinancial burden

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PHAs and Fair Housing LawsPHAs and Fair Housing Laws Some PHAs do not understand their Fair Some PHAs do not understand their Fair

Housing obligationsHousing obligations PHAs required to do an assessment of their Fair PHAs required to do an assessment of their Fair

Housing policies and practicesHousing policies and practices PHAs required to inform people with disabilities PHAs required to inform people with disabilities

of their right to request a reasonable of their right to request a reasonable modification/reasonable accommodationmodification/reasonable accommodation

PHAs required to have written policies PHAs required to have written policies PHA Section 504 CoordinatorPHA Section 504 Coordinator Disability advocates need to engage PHAs to Disability advocates need to engage PHAs to

ensure compliance with Fair Housing Lawsensure compliance with Fair Housing Laws

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Section 8 Voucher ProgramSection 8 Voucher Program

Largest federal housing assistance program (2 Largest federal housing assistance program (2 million units)million units)

Helps assist low income-families, elders, and Helps assist low income-families, elders, and people with disabilities to pay for decent and people with disabilities to pay for decent and safe housingsafe housing

Provides financial assistance in the private Provides financial assistance in the private housing market through a rent “subsidy” which is housing market through a rent “subsidy” which is based on (1) household income and (2) the cost based on (1) household income and (2) the cost of housingof housing

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Benefits of Section 8 for People Benefits of Section 8 for People with Disabilitieswith Disabilities

People can rent/own housing of their People can rent/own housing of their choicechoice in in communities of their choicecommunities of their choice

It is It is permanentpermanent, , long termlong term, and , and affordableaffordable – Tenants – Tenants typically pay between 30% and 40% of their income typically pay between 30% and 40% of their income towards housing coststowards housing costs

It is It is independentindependent housing which can be linked with – but housing which can be linked with – but is separate from – flexible services and supportsis separate from – flexible services and supports

Section 8 tenant-based and project-based programsSection 8 tenant-based and project-based programs Section 8 homeownership programSection 8 homeownership program

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How does the Section 8 How does the Section 8 program actually work?program actually work?

Section 8 is not an entitlement! (Less than 300,000 non-Section 8 is not an entitlement! (Less than 300,000 non-elderly disabled households currently receive Section 8 elderly disabled households currently receive Section 8 voucher assistance)voucher assistance)

Households must apply and get on the PHA waiting listHouseholds must apply and get on the PHA waiting list PHAs are permitted to give “preference” to people with PHAs are permitted to give “preference” to people with

disabilities – not many dodisabilities – not many do Once a Section 8 voucher is “issued”, the household must Once a Section 8 voucher is “issued”, the household must

identify housing in the private rental market that can be identify housing in the private rental market that can be approved under the Section 8 rulesapproved under the Section 8 rules

The Section 8 subsidy is paid directly to the owner The Section 8 subsidy is paid directly to the owner The Section 8 household pays their share of the rent (30% The Section 8 household pays their share of the rent (30%

to 40% of their income) directly to the ownerto 40% of their income) directly to the owner

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Section 8 and People with Section 8 and People with DisabilitiesDisabilities

Section 8 is complicatedSection 8 is complicated PHAs can be bureaucratic PHAs can be bureaucratic People with disabilities can have difficulty People with disabilities can have difficulty

accessing/using the Section 8 programaccessing/using the Section 8 program Federal Fair Housing Laws can helpFederal Fair Housing Laws can help PHAs may not fully understand their PHAs may not fully understand their

responsibilities under federal Fair Housing lawsresponsibilities under federal Fair Housing laws

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Key Section 8 ActivitiesKey Section 8 Activities

Outreach and Application ProcessOutreach and Application Process Eligibility and ScreeningEligibility and Screening Waiting ListWaiting List VerificationsVerifications Getting a Voucher Getting a Voucher Section 8 Fair Market Rents and Utility Section 8 Fair Market Rents and Utility

AllowancesAllowances Leasing ProcessLeasing Process On-going Program ResponsibilitiesOn-going Program Responsibilities

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Outreach/ApplicationOutreach/Application PHAs are required to do outreach to the community to:PHAs are required to do outreach to the community to:

Establish a new Section 8 waiting listEstablish a new Section 8 waiting list To add names to an existing Section 8 waiting listTo add names to an existing Section 8 waiting list

PHAs are allowed to limit outreach to those households PHAs are allowed to limit outreach to those households that are potentially eligible for the vouchersthat are potentially eligible for the vouchers

PHAs have “mixed” track record on outreach to people PHAs have “mixed” track record on outreach to people with disabilitieswith disabilities

PHAs can provide advance notice to disability PHAs can provide advance notice to disability organizations as a reasonable accommodationorganizations as a reasonable accommodation

PHAs can provide assistance with Section 8 application PHAs can provide assistance with Section 8 application process as a reasonable accommodationprocess as a reasonable accommodation

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Screening CriteriaScreening Criteria

Eviction from public housing or termination from Eviction from public housing or termination from Section 8 programSection 8 program

Recent drug related or violent criminal activityRecent drug related or violent criminal activity Fraud in a HUD programFraud in a HUD program Owes $$ to a PHAOwes $$ to a PHA Prior tenant history – at discretion of PHAPrior tenant history – at discretion of PHA Exceptions as reasonable accommodation for Exceptions as reasonable accommodation for

people with disabilitiespeople with disabilities

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Getting a Voucher and Getting a Voucher and Obtaining HousingObtaining Housing

Participant is given 60-120 days to search for Participant is given 60-120 days to search for appropriate housingappropriate housing Reasonable accommodation to obtain additional Reasonable accommodation to obtain additional

housing search timehousing search time Exception RentsException Rents

PHA can approve up to 110 percent of Fair Market PHA can approve up to 110 percent of Fair Market RentRent

HUD can approve up to 120 percent of Fair Market HUD can approve up to 120 percent of Fair Market RentRent

Higher rents have been approved by HUDHigher rents have been approved by HUD Exceptions needed for modified or barrier-free unitsExceptions needed for modified or barrier-free units Exceptions needed in high cost areasExceptions needed in high cost areas

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Other Section 8 Reasonable Other Section 8 Reasonable AccommodationsAccommodations

Section 8 “Special Housing Types”Section 8 “Special Housing Types” Group HomesGroup Homes Congregate HousingCongregate Housing SRO unitsSRO units Shared Housing (roommates)Shared Housing (roommates)

Unrelated disabled households approach – two or Unrelated disabled households approach – two or more unrelated people with disabilities sharing a more unrelated people with disabilities sharing a vouchervoucher

Approval of larger unit size to accommodate live-in Approval of larger unit size to accommodate live-in aide or support service staffaide or support service staff

Section 8 Homeownership optionSection 8 Homeownership option

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Public Housing Program Public Housing Program Accommodations/ModificationsAccommodations/Modifications

Application processApplication process Screening criteriaScreening criteria Lease termination/evictionLease termination/eviction Unit and common area modificationsUnit and common area modifications

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Hope VI OpportunitiesHope VI Opportunities Hundreds of Hope VI grants now being Hundreds of Hope VI grants now being

implemented by PHAsimplemented by PHAs ““Mixed income” and revitalized public housingMixed income” and revitalized public housing Opportunities for: Opportunities for:

New public housing unitsNew public housing units Community integrationCommunity integration Accessible unitsAccessible units Visitable housingVisitable housing Increasing participation by people with disabilities in Increasing participation by people with disabilities in

federal public housing programfederal public housing program Off-set loss of public housing from “elderly only” Off-set loss of public housing from “elderly only”

housing policieshousing policies

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Engaging PHAsEngaging PHAs Goal is systematic change – not case by caseGoal is systematic change – not case by case Educate on Fair Housing laws, Educate on Fair Housing laws, OlmsteadOlmstead

decision and needs of people with disabilitiesdecision and needs of people with disabilities ““Culture” of some PHAsCulture” of some PHAs Collect and use data Collect and use data Have a strategy - Know what you want to Have a strategy - Know what you want to

changechange Engage PHA membership organizations (State Engage PHA membership organizations (State

NAHRO)NAHRO)

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Engaging PHAs (2)Engaging PHAs (2) Involve alliesInvolve allies

State Protection and Advocacy organizationsState Protection and Advocacy organizations Legal services organizationsLegal services organizations Disability rights groupsDisability rights groups Self-advocacy groupsSelf-advocacy groups Disability organizationsDisability organizations

HUD Fair Housing/Equal Opportunity Office can HUD Fair Housing/Equal Opportunity Office can helphelp

Be persistent – the law is on your side!Be persistent – the law is on your side!