By Guest Blogger Bryan Greene, General Deputy Assistant Secretary, U.S. Department of Housing and Urban Development (HUD), Office of Fair Housing and Equal Opportunity
Today, I’m pleased to inform readers of recent guidance that HUD’s Office of Fair Housing and Equal Opportunity (FHEO) has issued to assist persons with disabilities in making the transition from institutionalization to community living. The Guidance issued on August 11th, reflects FHEO’s commitment to ending the unnecessary isolation and segregation of persons with disabilities by eliminating procedural barriers to securing publicly funded housing opportunities.
Background
For decades, a consensus has been developing that the isolation and segregation of persons with disabilities is a violation of human and civil rights. This is apparent in the legislative history of the Americans with Disabilities Act (ADA), and in the voices of disability advocacy groups that demanded freedom from unnecessary confinement and segregation of persons with disabilities.
In 1999, the Supreme Court in Olmstead v. L.C. added powerful support for deinstitutionalization. The plaintiffs in Olmstead were two institutionalized women with disabilities, who were ready for discharge from a state-run psychiatric hospital in Georgia, but remained institutionalized because the community support services they required were in short supply – a situation shared by thousands of institutionalized persons with disabilities across the United States. The plaintiffs sued the State of Georgia, arguing that their continued institutionalization violated Title II of the ADA which mandates that state and local governments provide services to persons with disabilities in the most integrated setting appropriate to their needs. The Court agreed with the Plaintiffs and states and localities began the work of addressing the community-support needs of persons with disabilities.
In 2009, on the 10th anniversary of Olmstead, President Obama called on HUD and the Department of Health and Human Services (HHS) to collaborate to search for and eliminate any remaining barriers to the community integration of institutionalized persons with disabilities. The HUD/HHS collaboration resulted in, among other things, two immediate actions that directly assisted the transition of 1,000 persons with disabilities from institutions to public housing: 1.) HUD issued 1,000 housing vouchers designated for persons transitioning from institutions; and 2.) HHS provided transition and community-based services to ensure a successful, long-term transition. As the office responsible for ensuring equal housing opportunities, FHEO has been committed to furthering Olmstead, and the new Guidance is a direct result of that commitment.
FHEO’s Role in Olmstead
FHEO is responsible for enforcing federal civil rights laws, including Section 504 of the Rehabilitation Act and Title II of the ADA, that mandate equal opportunity in housing and impose affirmative obligations to address the housing needs of persons with disabilities. Public Housing Authorities (PHAs) administer federally-assisted housing programs (public housing), and the receipt of federal assistance requires them to conduct their programs in a way that complies with these laws.
For example, Section 504 of the Rehabilitation Act (Section 504) requires PHAs to have, at minimum, 5 percent accessible units for persons with mobility disabilities and 2 percent of accessible units for persons with sensory disabilities, in public housing developments/projects. FHEO monitors and conducts reviews of PHAs to ensure that they administer their programs in compliance with these laws. If such activities reveal noncompliance, FHEO is authorized to enter into a voluntary compliance agreement, or VCA, to remedy the noncompliance. Each VCA is tailored to remedy the specific deficiencies by setting out specific actions that the PHA must take to do so.
The FHEO Olmstead Guidance
FHEO’s August 11th Guidance directs its staff, when performing compliance and monitoring activities, to examine the extent to which PHAs meet their obligations under Section 504 and the ADA to afford persons with disabilities, transitioning from institutions, opportunities to participate in public housing, Housing Choice Vouchers or other services. It offers remedial and affirmative actions that may be included in a VCA with the PHA to address the deficiencies. Examples from the Guidance include:
- Examine the occupancy of accessible public housing units and if necessary, ensure that the PHA maintains a policy that provides that when accessible units are inhabited by non-disabled tenants, such tenants must transfer to a non-accessible unit if a person with a disability requiring the features of the unit, is eligible;
- Ensure that the PHA maintains a reasonable accommodation policy for persons with disabilities to use or participate in the housing program;
- Ensure the PHA has an up-to-date listing of accessible units known to the PHA for its voucher program, including occupied and vacant units as well as units that have been modified by the addition of accessible features and bedroom size;
- Ensure that the PHA waiting list contains information regarding individuals requiring an accessible unit;
- Encourage a PHA to create a preference for persons with disabilities transitioning from institutions; and/or
- Encourage a PHA to take applications at the institutions where persons with disabilities currently reside.
We expect that, as FHEO puts the Guidance into practice, an increasing number of PHAs will be successful in helping institutionalized persons with disabilities find suitable permanent housing and integrate in the community, thus, furthering the promise of Olmstead in a very real way.
If you are interested in learning more about the work of FHEO, please visit www.hud.gov/fairhousing.
Bryan Greene is the General Deputy Assistant Secretary for Fair Housing and Equal Opportunity at the U.S. Department of Housing and Urban Development. In this position, he is charged with overseeing the policy direction and operational management of this 600-person office. Under his leadership, HUD has pursued large-scale high-profile cases that address systemic discrimination and provide widespread relief. Mr. Greene has devoted his professional career to fighting housing discrimination and promoting diverse, inclusive communities.
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It’s always good to read things about housing. I am on disability and divorced afro. American woman, mixed with white, and it does matter when they do their count. I was married to army vets and airforce vets, and that does matters. I want to buy another house again and they should get disabled people in their places a lot faster than they do. I have a large apt. at this time, a real bedroom, a big one, and a hallway, and a big kitchen, with a din. area in my kitchen. My living room is large, and I have a balc. with patio doors. My apt. will be revated. I hope I am in my new house asap. And I don’t have pets.
I just read your article while waiting for my flight and I’m impressed with your content. You have several bold and original ideas that I can relate to and respect.
It’s about time that there is more housing for the disabled!
I am disabled about to become homeless with my kids, my daughter had heart surgery a week ago. l was in my county program, it was helping me, but now it’s gone so I need help, some one help please.
Do landlords have a responsibility to adapt apartments for disabled residents? It is a huge apartment complex.
My name is Maria. I’m female 33 year old hispanic and my comment is I’m disabled. I suffer with a seizure disorder. I’m epileptic and also suffer with mental illness, bipolar, adult adhd, and mild schizophrenia and having problems finding an affordable apartment here in Fresno, California and finding a part time job to make extra money. I don’t see myself living off disabilty, stayinh home, feeling sorry for myself.
Dear Disablilty.gov, I am disabled physically. I’ve had 8 operations on my body and I need 4 more operations. I have filed at the appeals counsel, and I’m waiting for a decision on whether or not they are going to awarded me with the decision in my favor. Since I’m not working anymore, I and my wife and two dogs are sleeping in our vehicle, which is a shame. We don’t qualify for a mortgage, because I don’t have an income, plus my wife is working part time, and we can’t catch a brake. What’s wrong with this pictures? There are so many houses out there in the state of MI were we live that are vacant and HUD owns most of them, but nobody will help us. We don’t want to rent a house, we want one of our own.
Dear Sir / Madams,
We are a organization of the Handicapped who are looking for a avenues for independence and we have had no sufficient ways so far. Could you please inform us whether you have sufficient ways to contact you.
Thanks,
Raja M.
http://www.ccodp.org
Where can a disabled person get help to buy a small hobbie farm? Thank you.
I’m thankful for the article post. Really looking forward to reading more.
I am a Certified Family Home Provider (24/7) in Idaho. The State of Idaho is coming out with Idaho Home Choice, which is the above forementioned program. I do believe that it is essential to integrate individuals into the community. Here is what providers are having issues with in Idaho. Several of the Certified Family Homes are providers caring for their own family members, but 30% are families caring for non family members. Some have been providing care for 25 years plus. However, due to recent HB260, many of the surrounding oversight protection services for the clients are being eliminated or reduced at such a level that many Certified Family Home Providers cannot continue due to the fees imposed, low daily rate of pay and lack of supports for the clientele served (institutional level/nursing home level). How is this program supposed to be a success when everything out in the community is being depleted, lack of staff for Independant Living supports and non family member providers are reducing? The individuals providing the transition are being paid a fair income, but the primary providers need support services and adequate daily rates for this level of care. Idaho providers have not seen a raise in pay for approximately 15 years. That tells you we do enjoy caring for this level of care clients, but at some point it becomes difficult. Just something to think about.
This and more is a crashing reality for us. Last year, at age 60, I was diagnosed with Cancer from Radon Exposure. Lost left lung and lymph nodes, found to have a serious Immunity Deficiciency, an apparent Birth Defect in my blood. No sooner did I have the surgery, one yr and a mo. passed, and disability went from rising to $935 to now $845 monthly. HUD raised the rent amount to nearly double what it was in 2009. After scouring for assistance, I found a wild goose chase. Utilities are double since one year ago, and I was robbed of the use of my ATN card (while going through surgery, etc., the bank took away my priveleges, finally returned them, only to take away my privilege for a very expensive overdraft which cost triple in returned charges…only to be called and told I had lost this courtesy and soon would have account closed)! Then I was on chexsystems for just cause, soon, no bank acct at all. It gets worse, but the point is, what are we, the most disabled, poor, etc. to do?
Can this blog be added to the HUDdle?
We advocate that PHAs make some steps in these areas described in the guidance, such as targeting vouchers and even units. Because housing is an urgent need for people who don’t want to continue to be unnecessarily placed, there should be other ways to acquire housing other than to only compete for housing programs along with others in the community. Yes there’s an urgent need for affordable housing for ELI individuals with disabilities all around, but at the same time people need to be able to come out of these segregated facilities.
We would also like to see the FHEO/HUD office provide guidance to the state and local CPD offices to address including data on transitioning individuals in their consolidated planning. This data needs to be included along with other groups reported on in the community. HUD may need to reformat the charts to include a category for transitioning individuals.
I went to the bar and cafe where my wife works a while back, just stopped in for a few minutes. People lit cigarettes, which I desperately NEED to avoid, so I moved to the other side of the room, and tried to stay in the conversation. One of them, I have known for years, (who has copd and liver problems, yet drinks and smokes at the bar most days – so it was also a defensive remark I know) turned and told me, across the room, that there is nothing wrong with me except I need to lose weight. He later apologized, but it still hurt and does effect me. I take meds, such as prednisone, that cause weight gain themselves, on top of the lack of exercise, etc. Last time I tried to exercise too much I ended up in the hospital, and he knows it. Anyway, I am certain we all have these things happen, the point is even people who know some facts still doubt them. They overlook it in favor of strong misconceptions they have learned over a lifetime. I get really tired of being at home alone, though maybe going into town for appointments and stuff, but I need social interaction, too. Same kinds of things happen when I go visit people, too. I am learning to deal with the comments, but I have not yet found how to not feel so isolated.
Thank you E.L in Nevada for at least providing some information for the neediest people in our community.
The state is unable to serve my son, and have told me so, through the current “Arkansas Medicaid Waiver Community” program.
Who will serve him if he cannot be served one on one? It takes 2 people to actually provide care for him, and that cannot be done in our community programs. He basically has no voice in this forum.
I feel money should not be continually spent in this manner on the disabled, at least by the government. It is not the government’s responsibility. This is charity for the disabled, which a large amount of people are taking advantage of that should not. Charity falls upon the shoulders of the church and the individual citizens of that area. What about the people who do no get institutionalized, but still have disabilities?
Marti G.
Sadly this is true in many cases. Take advantage that is. I have been disabled with Polio since the age of 4. At 70, I am still working as there are no programs for the senior disabled that are not full of scammers. The waiting lists in Ca for even housing is 2 to 5 years. They they find all sorts of reasons to move one to the bottom of the list.
I am on disability, I do ok but I think people should get more than they get from the ODSP funding, my wife and I barely make it, she works and 50% of her income is deducted from my check, I think we should recive more, the cost of food, living and car costs have gone way up but not our ODSP payments, as I see it we are living near the poverty line.
E.L. Gamble. I would try to contact your local Center for Independent Living. Your situation sounds very strange to me, however it may work different in Nevada. http://www.ilru.org/html/publications/directory/nevada.html
Our problem is that when I got my wife out of a nursing home about 200 miles from where we live I find that being as where we live is over 25 miles from the nearest state home health office they say that they have a rule that they are NOT allowed to provide home health services to us which my wife seriously needs.
I have been her 24/7 caregiver for about 12 years which even includes using a Hoyer type lift to move her several times a day as she is not able to transfer from her bed to her wheelchair or from her wheelchair to anything at all.
What we are wondering is as the state home health services are supposed to provide NEEDED help to those in need that meet the financial requirements how they can set up rules that they can NOT go to a community that is say 35 miles from their office.
E.L.Gamble in Nevada
@Donald – have you contacted your state Protection & Advocacy agency? Visit the National Disability Rights Network website for a directory of P&As in your area: http://www.ndrn.org/en/ndrn-member-agencies.html
Who protects us people with disabilities from our own local Government? My Village has installed a new sewer line because the old one was collecting too much ground water. But they just left the old line in ground. They pluged up both ends so the water can’t get out that way. Now all that ground water is bubbling up from under my foundation.
I tried the legal system but my Village’s tax based pockets are deeper than mine. So they out “litigated” me and my lawyer in the discovery stage. I still have 9 hr. of video showing how they caused this problem, but can’t afford the legal system anymore. Please help me. My own Village is destroying my home and I can prove it.