Overcoming Barriers to Housing People with

Disabilities in the Community

Yasmin Farahi October 28, 2015

Disability Rights NC

• Federally mandated Protection and Advocacy System

• Protects the rights of people with disabilities through legally-based advocacy

• 2015 Listening Sessions– What did we learn?– What will we do?

2

Federal & State Laws that Apply to Housing & Disability

• Federal Fair Housing Act• NC Fair Housing Act• Americans with Disabilities Act (Title II and III)• N.C. Persons with Disabilities Act• N.C. Persons with Disabilities Protection Act• Section 504 of the Rehabilitation Act

3

Who is a Protected?People with Disabilities

Persons who have a physical or mental impairment substantially limiting one or more major life activities (interpreted broadly)– Have a history of such an impairment,– Regarded as having such an impairment, OR– Reside/associate with people with disabilities

4

Who is NOT Protected?

• Persons currently engaged in illegal drug use

• Persons whose tenancy would constitute a “direct threat” to the health and safety of others

(if the threat could not be mitigated with accommodation)

5

Examples of Disabilities

• Visual impairments• Auditory impairments• Mobility impairments• AIDS, HIV• Substance use disorder (past)• Mental illness• Cognitive disability• Epilepsy • Traumatic brain injury

6

What are housing providers’ duties under state & federal fair housing laws?

• Cannot discriminate in rental, sale, or otherwise make unavailable or deny housing to a person because of disability

• Cannot impose different terms, conditions, privileges, services or facilities

• Must provide reasonable accommodations to policies and procedures at own expense

• Must allow reasonable modifications at the tenant’s expense

• Cannot retaliate against an individual for pursuing his/her rights under these laws

7

Admissions & Screening

Generally housing providers may not ask questions about disability, unless an individual is:

1) requesting an accommodation/modification;

2) applying for a housing program designated for persons with disabilities;

3) applying for a preference or priority for persons with disabilities; or

4) trying to qualify for an allowance that reduces rent because of a disability

8

When can a person with a disability request an accommodation or

modification? The need for an accommodation/modification may arise at any time:

–When applying for housing or purchasing housing

–During the tenancy/residency

–To avoid an eviction, foreclosure, or other action that affects their housing

9

Reasonable Accommodations

10

Reasonable Accommodation

a change, exception, or adjustment,

to a rule, policy, practice or service, that

may be necessary for a person with a

disability to have an equal opportunity to

use and enjoy a dwelling

11

When must an accommodation be provided?

• When requested, a housing provider must provide a reasonable accommodation, unless the provider can show it will:

– Impose an undue financial or administrative burden, or

–Result in a “fundamental alteration” in the service provided.

12

Examples of Reasonable Accommodations

• Accommodating behaviors directly related to a person’s mental disability

• Providing an assigned parking spot near the unit of a person with a mobility disability

• Allowing a variance of a rule about fence height to accommodate the needs of a child with autism or an individual with a service or emotional support animal

13

More Examples of Reasonable Accommodations

• Assigning a mailbox to an accessible location

• Allowing an exemption to a “No Pets” policy for a tenant with a service or comfort animal

14

Animals & Housing

• Service Animal - any animal that is individually trained to do work or perform tasks for the benefit of an individual with a disability

• Comfort/Emotional Support Animal – any animal that provides emotional support, well-being, or companionship that alleviates the symptoms of disability; not individually trained

15

Animals & Housing

Generally, it is reasonable to make an exception to a “no pet policy” for a tenant/resident that has a service animal or an emotional support animal because of his or her disability, unless the specific animal would create:

• Direct threat to the health or safety of others that cannot be reduced/eliminated by another reasonable accommodation.• Cause substantial physical damage to the property of others that cannot be reduced/eliminated by another reasonable accommodation.

16

Animals & Housing

• Pet deposit must be waived• Breed, size, and weight limitations may not be

applied– Requires individualized assessment– Impact on insurance coverage may provide

defense

17

Permissible Questions Regarding Emotional Support Animals

After receiving a request for a reasonable accommodation for an assistance animal in housing, housing provider may consider:• Does the person seeking to use/live with the

animal have a disability?• Does the person making the request have a

disability-related need for an assistance animal?

18

Emotional Support Animals

• Housing provider may ask for documentation of disability-related need for an assistance animal.• Documentation can come from a physician, psychiatrist, social worker, or other mental health professional.

What are some examples of a disability-related need for an assistance animal?

19

Reasonable Modifications

20

Reasonable Modifications

• A housing provider must permit, at the expense of the person with a disability, structural changes to existing premises occupied by such person, if the modifications are necessary to allow the person full enjoyment of the premises

• In publicly-assisted housing which is covered by Section 504, landlords are often required to make and pay for physical modifications as a reasonable accommodation.

21

Examples of Reasonable Modifications

• Installing a grab bar in a bathroom• Widening a doorway• Installing a wheelchair ramp• Installing a light switch or thermostat in an

accessible location • Installing a flashing smoke detector or

doorbell

22

Making a Request for a Reasonable Accommodation or Reasonable Modification

1. Make request in writing (not required)

2. Explain disability (must substantially limit major life activity)

3. Establish that the accommodation or modification is necessary

4. Explain relationship between disability and RA/RM

5. Express willingness to provide more information

23

Housing People with Mental Illness in the

Community: 2012 DOJ Agreement

24

25

Olmstead v. L.C., (U.S. Supreme Court 1999).

• Under ADA, people with disabilities must be served in most appropriate integrated setting for their needs

• Generally, community-based setting rather than institutions

26

North Carolina

• NC was relying on adult care homes to house adults with mental illness

• Discovered in monitoring by Disability Rights NC

• Led to complaint to US Department of Justice (DOJ)

27

DOJ Investigation

• In 2011, DOJ came to NC to investigate based on a complaint filed by Disability Rights NC that NC was relying on Adult Care Homes to house adults with Mental Illness.

• After a thorough investigation, they issued a letter of findings substantiating the allegations.

28

DOJ Settlement

• In 2012, NC Department of Health and Human Services (DHHS) entered into an agreement with the DOJ.

• DOJ agreed not to sue North Carolina for its Olmstead violations (i.e., failure to comply with the Americans with Disabilities Act in its treatment and housing of people with serious mental illness) IF the state implemented a series of reforms.

29

DOJ Settlement (continued)

• NC DHHS implementing agreement through the Transition to Community Living Initiative (TCLI)

• Purpose of the settlement and the TCLI is to make sure that persons with mental illness are able to live in their communities in the least restrictive settings of their choice.

30

Transition to Community Living Initiative

People with disabilities living in adult care homes and state psychiatric hospitals must receive “in-reach” through Managed Care Organizations (MCOs) with the goal of educating them about all community-based options.

31

Housing

• Housing slots measured under the settlement are independent, community-integrated housing with supportive services.

• NC will provide integrated supported housing to 3,000 people by 2020

–Milestone: 708 by July 2015 (?)

32

Eligibility

• Serious Mental Illness/Serious and Persistent Persistent Mental Illness

• Institutionalization – person is in an adult care home or state psychiatric hospital

• Wants to live in the community

33

Overcoming Barriers

Generally landlords may ask questions of all applicants to determine if someone will be a good tenant:

–Financial information to gauge ability to pay rent

–References/past rental history

34

Overcoming Barriers

• Tenant with a disability may ask for special consideration as a reasonable accommodation

• Ask for reasonable accommodation if disability is closely tied to

– Poor Credit History

– Criminal Record

• Expungement

• Certificate of Relief

35

Reminders

• Requests should be made in writing (recommended, not required)

• Closely tie the poor credit/criminal history and the accommodation requested to the disability

• Who is not protected?

– Persons currently engaged in illegal drug use

– Persons who are a direct threat to the health and safety of others if a reasonable accommodation could not eliminate the threat

36

Examples

37

Enforcement

• File an administrative complaint with the Human Relations Commission or HUD

• within 1 year of the discrimination

• File a civil action in state or federal court

• within 2 years of the discrimination

38

Contact Information

Disability Rights North Carolina3724 National Drive

Suite 100Raleigh, NC 27612

919.856.2195877.235.4210

888.268.5535 TTY

www.disabilityrightsnc.org