Advocating for Reasonable Accommodation and Reasonable Modification With PHAs

1. Advocating for Reasonable Accommodation and Reasonable Modification With PHAs Midwest Regional Housing Forum September 11, 2003 Ann O’Hara Technical Assistance Collaborative, Inc.

2. What is a PHA? • Public Housing Authority • Separate government organization • Administer 3.2 million government subsidized housing resources for low income households • 3000+ PHAs nationally • State PHAs • Local PHAs

3. How Do PHA Programs Work?

4. PHA Programs • Section 8 Housing Choice Voucher program – 2 million vouchers • Public Housing program – 1.2 million units • Hope VI program – Public Housing Revitalization

5. PHAs and Fair Housing • PHA programs must comply with federal Fair Housing laws • Section 504 of the Rehabilitation Act (1973) • Fair Housing Act (1988) • People with disabilities must have an equal opportunity to participate in PHA programs • Under these laws, PHAs must provide “reasonable modification” and “reasonable accommodation” for people with disabilities when needed to facilitate participation

6. Reasonable Modification • Making physical modifications to a housing unit or common area/facilities so that it can be used by a person with a disability • Unit modifications such as wider doorways, entrance ramps, accessible bathroom and kitchen, etc. • Common areas/facility modifications such as laundry rooms, parking areas, etc. • Modification is “reasonable” if it does not impose an “undue financial burden” on the owner

7. Reasonable Accommodation • A change in a housing program policy or practice in order to facilitate participation by people with disabilities • Examples • Modifying application procedures • Modifying screening criteria • Modifying other rules/policies • “Reasonable” accommodation defined as one that does not alter the fundamental nature of the program and does not impose an undue financial burden

8. PHAs and Fair Housing Laws • Some PHAs do not understand their Fair Housing obligations • PHAs required to do an assessment of their Fair Housing policies and practices • PHAs required to inform people with disabilities of their right to request a reasonable modification/reasonable accommodation • PHAs required to have written policies • PHA Section 504 Coordinator • Disability advocates need to engage PHAs to ensure compliance with Fair Housing Laws

9. Section 8 Voucher Program • Largest federal housing assistance program (2 million units) • Helps assist low income-families, elders, and people with disabilities to pay for decent and safe housing • Provides financial assistance in the private housing market through a rent “subsidy” which is based on (1) household income and (2) the cost of housing

10. Benefits of Section 8 for People with Disabilities • People can rent/own housing of their choice in communities of their choice • It is permanent, long term, and affordable – Tenants typically pay between 30% and 40% of their income towards housing costs • It is independent housing which can be linked with – but is separate from – flexible services and supports • Section 8 tenant-based and project-based programs • Section 8 homeownership program

11. How does the Section 8 program actually work? • Section 8 is not an entitlement! (Less than 300,000 non-elderly disabled households currently receive Section 8 voucher assistance) • Households must apply and get on the PHA waiting list • PHAs are permitted to give “preference” to people with disabilities – not many do • Once a Section 8 voucher is “issued”, the household must identify housing in the private rental market that can be approved under the Section 8 rules • The Section 8 subsidy is paid directly to the owner • The Section 8 household pays their share of the rent (30% to 40% of their income) directly to the owner

12. Section 8 and People with Disabilities • Section 8 is complicated • PHAs can be bureaucratic • People with disabilities can have difficulty accessing/using the Section 8 program • Federal Fair Housing Laws can help • PHAs may not fully understand their responsibilities under federal Fair Housing laws

13. Key Section 8 Activities • Outreach and Application Process • Eligibility and Screening • Waiting List • Verifications • Getting a Voucher • Section 8 Fair Market Rents and Utility Allowances • Leasing Process • On-going Program Responsibilities

14. Outreach/Application • PHAs are required to do outreach to the community to: • Establish a new Section 8 waiting list • To add names to an existing Section 8 waiting list • PHAs are allowed to limit outreach to those households that are potentially eligible for the vouchers • PHAs have “mixed” track record on outreach to people with disabilities • PHAs can provide advance notice to disability organizations as a reasonable accommodation • PHAs can provide assistance with Section 8 application process as a reasonable accommodation

15. Screening Criteria • Eviction from public housing or termination from Section 8 program • Recent drug related or violent criminal activity • Fraud in a HUD program • Owes $$ to a PHA • Prior tenant history – at discretion of PHA • Exceptions as reasonable accommodation for people with disabilities

16. Getting a Voucher and Obtaining Housing • Participant is given 60-120 days to search for appropriate housing • Reasonable accommodation to obtain additional housing search time • Exception Rents • PHA can approve up to 110 percent of Fair Market Rent • HUD can approve up to 120 percent of Fair Market Rent • Higher rents have been approved by HUD • Exceptions needed for modified or barrier-free units • Exceptions needed in high cost areas

17. Other Section 8 Reasonable Accommodations • Section 8 “Special Housing Types” • Group Homes • Congregate Housing • SRO units • Shared Housing (roommates) • Unrelated disabled households approach – two or more unrelated people with disabilities sharing a voucher • Approval of larger unit size to accommodate live-in aide or support service staff • Section 8 Homeownership option

18. Public Housing Program Accommodations/Modifications • Application process • Screening criteria • Lease termination/eviction • Unit and common area modifications

19. Hope VI Opportunities • Hundreds of Hope VI grants now being implemented by PHAs • “Mixed income” and revitalized public housing • Opportunities for: • New public housing units • Community integration • Accessible units • Visitable housing • Increasing participation by people with disabilities in federal public housing program • Off-set loss of public housing from “elderly only” housing policies

20. Engaging PHAs • Goal is systematic change – not case by case • Educate on Fair Housing laws, Olmstead decision and needs of people with disabilities • “Culture” of some PHAs • Collect and use data • Have a strategy - Know what you want to change • Engage PHA membership organizations (State NAHRO)

21. Engaging PHAs (2) • Involve allies • State Protection and Advocacy organizations • Legal services organizations • Disability rights groups • Self-advocacy groups • Disability organizations • HUD Fair Housing/Equal Opportunity Office can help • Be persistent – the law is on your side!