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Showing posts with label Housing. Show all posts
Showing posts with label Housing. Show all posts

Wednesday, November 29, 2017

Feds Sue Springfield, Illinois for Discrimination Against Persons with Disabilities

Nov. 28, 2017 -- The Justice Department today filed a lawsuit alleging that the City of Springfield, Illinois, has discriminated against persons with disabilities in violation of the Fair Housing Act. The lawsuit, filed in the U.S. District Court for the Central District of Illinois, alleges that Springfield’s zoning code treats small group homes for persons with disabilities less favorably than similarly-situated housing for people without disabilities. The department’s complaint further alleges that, even if the zoning code were valid, Springfield violated the Fair Housing Act by failing to grant an exception that would allow a three-person group home for individuals with disabilities to continue operating in a residential neighborhood.

“The Fair Housing Act prohibits cities from applying their zoning laws in a manner that discriminates against persons with disabilities,” said Acting Assistant Attorney General John Gore of the Civil Rights Division. “We will continue to vigorously enforce the Fair Housing Act’s prohibition on such discrimination.”

This case arose when the City of Springfield attempted to close a home with three residents with intellectual and physical disabilities because the home violated a 600-foot spacing requirement that applies to community residences for persons with disabilities. That spacing requirement does not apply to homes for up to five unrelated persons without disabilities. The small group home allowed two of the residents to move out of large institutions and live in an integrated community setting.

The lawsuit seeks a court order prohibiting Springfield from enforcing the spacing requirement against this home or similarly-situated homes for persons with disabilities elsewhere in the city. The lawsuit also seeks monetary damages to compensate victims, as well as payment of a civil penalty. A related case challenging Springfield’s spacing requirement was filed by the home’s service provider and one resident. The court in that case, A.D. ex rel. Valencia v. City of Springfield, issued a preliminary injunction against Springfield on Aug. 2, 2017. That ruling is now on appeal to the U.S. Court of Appeals for the Seventh Circuit.

The federal Fair Housing Act prohibits discrimination in housing based on disability, race, color, religion, national origin, sex, and familial status. More information about the Civil Rights Division and the laws it enforces is available at www.justice.gov/crt. Individuals who believe that they may have been victims of housing discrimination can call the Justice Department at 1-800-896-7743, e-mail the Justice Department at fairhousing@usdoj.gov(link sends e-mail), or contact the Department of Housing and Urban Development at 1-800-669-9777 or through its website at https://www.hud.gov/program_offices/fair_housing_equal_opp.

The complaint is an allegation of unlawful conduct. The allegations must still be proven in federal court.

SOURCE: Justice Department press release

Tuesday, November 14, 2017

Webinar Nov. 16th on FY18 Budget Outlook and Impact of Tax Reform on Affordable Housing Programs


NLIHC and other leaders of the Campaign for Housing and Community Development Funding (CHCDF) invite you to join advocates from across the country to learn about the current status and outlook for the FY18 budget process and the potential impact tax reform could have on affordable housing and community development programs.
 
Click Here to Register for the Webinar!
Panelists will also discuss how advocates can effectively communicate with policymakers and the public about the need for increased federal investments in proven affordable housing and community development programs.
 

The webinar will be held on November 16, 2017 at 2:30 pm ET.


Elayne Weiss, NLIHC senior policy analyst, will moderate the event. Speakers include:
  • Doug Rice, Center on Budget and Policy Priorities
  • Linda Couch, LeadingAge
  • Emily Cadik, Enterprise Community Partners
  • Joey Lindstrom, NLIHC
With more households struggling to make ends meet, we cannot afford funding cuts to the very programs that sustain our communities and help families thrive.
Source: National Low Income Housing Coalition
Register Today!
Join NLIHC Today

Sunday, October 22, 2017

HUD CHARGES MINNESOTA LANDLORD WITH HOUSING DISCRIMINATION AFTER DENYING VETERAN THE RIGHT TO KEEP HIS ASSISTANCE DOG

October 2016 - The U.S. Department of Housing and Urban Development (HUD) today announced it is charging the owner and manager of a West St. Paul, Minn., apartment complex with discrimination for refusing to allow an Army veteran, who served tours of duty in Iraq and Afghanistan, to keep an emotional support animal. Click here to read the charge.
The Fair Housing Act prohibits housing providers from denying or limiting housing to people with disabilities, or from refusing to make reasonable accommodations in policies or practices for people with disabilities. Allowing people with disabilities to have assistance animals that perform work or tasks, or that provide disability-related emotional support, is considered a reasonable accommodation under the Act.
"Assistance animals play a vital role in helping our veterans cope with service-related disabilities," said Anna Maria Farías, HUD Assistant Secretary for Fair Housing and Equal Opportunity. "Housing providers have an obligation to permit these animals, and HUD ensures that they meet this obligation."
The case came to HUD's attention when the veteran filed a complaint alleging that the owner and manager of Westview Park Apartments denied his request to keep an assistance animal, despite the veteran explaining in detail his right to have the animal. In a letter responding to the veteran's request, the owner suggested that he get a cat instead, citing the property's policy of allowing cats but not allowing assistance animals weighing more than 12 pounds. The owner also stated that, even for an animal under 12 pounds, the veteran would need to provide proof that the animal was licensed.
The veteran responded by providing a copy of his license for the animal, a certificate of training, and additional information about the animal, but the owner still refused his request, stating the dog had to be removed from the property. In a subsequent letter, the manager notified the veteran that he was in violation of his lease by having the dog and that he had two weeks to vacate the unit. The eviction action was later withdrawn, but the veteran, still not being allowed to keep the animal, moved out of the apartment at the end of his lease.
Disability is the most common basis of complaint filed with HUD and its partner agencies. Last year alone, HUD and its partners considered more than 4,500 disability-related complaints, nearly 55 percent of all fair housing complaints.
HUD's charge will be heard by a United States Administrative Law Judge unless any party elects for the case to be heard in federal court. If the administrative law judge finds after a hearing that discrimination has occurred, he may award damages to the complainant for his loss as a result of the discrimination. The judge may also order injunctive relief and other equitable relief, as well as payment of attorney fees. In addition, the judge may impose civil penalties in order to vindicate the public interest.
People who believe they have experienced discrimination may file a complaint by contacting HUD's Office of Fair Housing and Equal Opportunity at (800) 669-9777 (voice) or (800) 927-9275 (TTY). Housing discrimination complaints may also be filed by going to hud.gov/fairhousing, or by downloading HUD's free housing discrimination mobile application, which can be accessed through Apple and Android devices.
source: HUD Oct. 6, 2017 press release

Monday, October 16, 2017

2018 Housing Policy Forum: Building the Movement, National Low Income Housing Coalition - March 19-21 - RSVP

Oct 2017 - Register for NLIHC’s 2018 Housing Policy Forum: Building the Movement. The Forum, taking place in Washington, DC, March 19-21, 2018, will provide opportunities to engage with affordable housing advocates, thought-leaders, policy experts, researchers, housing providers, low income residents, and leaders from Capitol Hill and the administration about building the affordable housing movement in 2018 and beyond.
The Policy Forum will explore the state of fair housing on the fiftieth anniversary of the Fair Housing Act; threats and opportunities for affordable housing in 2018 and beyond; the keys to resident-led organizing; successful state and local organizing; making housing an issue with the media; and effective story-telling for affordable housing.  The forum will also feature sessions on a national campaign to expand the affordable housing movement with non-traditional allies; non-partisan voter registration, engagement and mobilization prior to the 2018 elections; getting candidates for public office to address affordable housing in their campaigns; using dynamic research to change the story and influence policy solutions; housing the formerly incarcerated; and others. There will also be opportunities to engage with leaders and staff at HUD and in Congress on affordable housing challenges, solutions and priorities.
The 2018 Housing Leadership Award honorees, Senator Susan Collins (R-ME), Matt Desmond, and Lisa Hasegawa, will be recognized for their contributions to affordable housing at NLIHC’s annual Housing Leadership Reception on the evening of March 20.
The NLIHC 2017 Housing Policy Forum and Leadership Reception will take place at the Washington Court Hotel in Washington DC.  Register for the Forum at: http://bit.ly/2yjjTZK
A limited number of shared-lodging hotel scholarships will be awarded on a first-come-first-served basis to low income residents who are NLIHC members and who pay their own Forum registration fee (“self-pay participants”). Scholarships will be awarded to ensure a broad geographic distribution. To apply for a scholarship, send an email expressing interest to: jsaucedo@nlihc.org 
source: press release

Tuesday, October 10, 2017

State of Illinois Awards $22M in Tax Credits for Affordable Housing

(AP) - Oct 8, 2017 - Illinois has awarded more than $22.5 million in federal tax credits to help fund 20 new affordable housing developments.

The Illinois Housing Development Authority says the credits will generate about $258 million in private capital to finance 1,442 apartments for low- to moderate-income families, seniors and people with disabilities.

Developers receive the credits then sell them to investors. That generates equity to reduce construction and operating costs. The savings are passed along to renters in the form of lower rents.
Three of the affordable housing developments will be in Chicago. Others are slated for locations in the Chicago suburbs as well as Virginia, Mendota, Arcola, Altamont, Paris, Greenfield, Urbana, Bloomington and Champaign.

Copyright 2017 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Monday, September 25, 2017

PEOPLE LIVING WITH MENTAL DISABILITIES FACE SIGNIFICANT RENTAL HOUSING DISCRIMINATION, FEDS REPORT

WASHINGTON – Sept. 2017 - Persons living with mental illness, intellectual or other developmental disabilities continue to face significant housing discrimination in the rental housing market, according to a new pilot study released by the U.S. Department of Housing and Urban Development (HUD).
Rental Housing Discrimination on the Basis of Mental Disabilities: Results of Pilot Testing finds that when compared to people without mental disabilities, those persons who are living with mental disabilities receive fewer responses to their rental inquiries, are informed of fewer available units, and are less likely to be invited to contact the housing provider.  In addition, HUD’s study found that they are less likely to be invited to tour an available unit, are more likely to be steered to a different unit than the one advertised, and are treated differently depending on their type of disability.
The study also examined what happens when a person with a mental disability makes a request for a reasonable accommodation, finding that a large percentage of people with mental disabilities were given a negative response to their requests, ranging from outright denials to subtler barriers.
“Today’s study spotlights the types of discrimination people with mental disabilities experience when searching for housing,” said HUD Secretary Ben Carson. “The findings will not only inform our enforcement efforts, but enable us to identify and remove barriers for those who face housing discrimination. Though nearly 30 years have passed since the Fair Housing Act was expanded to protect individuals with disabilities, we still have work to do to ensure equitable housing opportunities for all.”
The study has significant importance for the future of paired testing for housing discrimination because it represents the first multicity housing discrimination study to utilize people with mental disabilities as testers. Research focused on two areas: the prevalence and kinds of discrimination facing people with mental disabilities seeking rental housing in the private market, and effective methodologies for testing for housing discrimination using people with mental disabilities as testers.
As a pilot study, it was conducted through e-mail and phone testing in nine small and mid-sized urban rental markets that mirror the distribution of the mental and developmental disability population across metropolitan statistical areas in the U.S., and with in-person testing in the two large rental markets, Chicago and Washington, DC. Testing was divided equally between mental illness and intellectual developmental disabilities, and a total of more than 1,000 matched pair tests (i.e. pairing and comparing testers with mental disabilities with testers who have no mental disabilities, known as control testers) were administered.
The pilot study revealed that individuals with mental disabilities seeking rental housing were: 
  • Less likely to receive a response to their inquiry in e-mail testing (17.55 percent of people without disabilities received a response compared with 9.19 percent of people with mental illness and intellectual or developmental disability in email testing);
  • Less likely to be told an advertised unit was available in in-person testing (5.94 percent of people without disabilities were told that the advertised unit was available compared with 0.99 percent of people with mental illness and intellectual or developmental disabilities in in-person testing);
  • Less likely to be invited to contact the housing provider in e-mail testing (7.69 percent of people without disabilities were invited to contact the housing provider to see the unit compared with 0.00 percent of people with mental illness and intellectual or developmental disabilities in e-mail testing);
  • Less likely to be invited to inspect the available unit in telephone testing (21.26 percent of people without disabilities were invited to inspect the unit compared with 16.47 percent of people with mental illness and intellectual or developmental disabilities in telephone testing);
  • More likely to be encouraged to look at a different unit than the one advertised in telephone testing, a potential indicator of steering people with mental illness and intellectual or developmental disabilitiestoward specific buildings or areas within rental complexes; and
  • Treated adversely at disparate rates depending on disability type, with higher rates of adverse treatment found for individuals with mental illness than for those with intellectual or developmental disabilities.
Additionally, the willingness of a housing provider to grant a request for an accommodation varied by mode of testing, with the rate of granting a request for a reasonable accommodation being significantly higher when the request was made by telephone compared to email.  However, regardless of the testing mode, a significant percentage of people with mental disability seeking reasonable accommodation were given a negative response to their request.  Moreover, when requests were made by phone, response rates differed by type of disability, revealing that a higher percentage of housing providers were willing to provide accommodations to people with intellectual or developmental disabilities (63.8 percent) than to people with mental illness (55.2 percent).
These results suggest that a broad-based initiative to educate housing providers about their fair housing rights and obligations could be helpful.  The study also suggests that housing, disability, and civil rights organizations should increase their efforts to educate persons with mental disabilities about their housing rights, how to recognize discrimination, and what actions they should take when facing possible discrimination.
HUD is also publishing four supplemental short papers that complement and further illustrate the complex issues surrounding both housing discrimination against people with mental disabilities and the involvement of people with mental disabilities in testing for housing discrimination.  The main pilot study and four supplemental papers can be found here.
The supplemental papers are:
The majority of complaints filed with HUD and its partner agencies under the Fair Housing Act in Fiscal Year 2016 were on the basis of disability, with 4,908 complaints – or more than 58 percent of all fair housing complaints. HUD provides Fair Housing Assistance Program funding annually on a noncompetitive basis to state and local agencies that enforce fair housing laws substantially equivalent to the Fair Housing Act, in order for them to support a variety of fair housing administrative and enforcement activities.Through the Fair Housing Initiatives Program, HUD also provides funds to eligible organizations through competitive grants under initiatives designed to prevent or eliminate discriminatory housing practices and inform individuals of their rights and responsibilities under the Fair Housing Act.  
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HUD's mission is to create strong, sustainable, inclusive communities and quality affordable homes for all.
More information about HUD and its programs is available on the Internet
at www.hud.gov and http://espanol.hud.gov.
SOURCE: HUD Press Release

Thursday, July 13, 2017

Illinois Receives More Than $2 Million In HUD Funding For Housing And Community Development

WASHINGTON – July 13th - U.S. Senators Dick Durbin (D-IL) and Tammy Duckworth (D-IL) announced that the U.S. Department of Housing and Urban Development (HUD) awarded a total of $2,058,130 in grant funding to Illinois agencies through two programs – the Housing Counseling Grant Program and the Service Coordinator Program – to help families, seniors, and people with disabilities who live in insured and assisted apartment housing across the state live more independent lives. 
“This funding will give local housing agencies across Illinois the ability to expand and improve existing supportive services for families, seniors, and people with disabilities, helping them to continue to live as independently as possible in the communities they love and know,” Senator Durbin said. “These federal programs provide invaluable assistance to those in need and I will continue to fight for them in these times of uncertainty.” 
“It’s important that Americans who rely on additional assistance at home – including seniors and those living with a disability – have access to the resources they need to live healthy, independent lives,” said Senator Duckworth. “This funding will help improve housing conditions for families across Illinois and I’ll keep working to ensure every American has access to safe and affordable housing options.”
 Illinois housing authorities/ development agencies will receive a total of $1,037,179 in grant funding through HUD’s Housing Counseling Grant Program.  This program provides funding for counseling and advice to tenants and homeowners, both current and prospective, with respect to property maintenance, financial management/ literacy, and other matters appropriate to assist them in improving their housing conditions, meeting their financial needs, and fulfilling the responsibilities of tenancy or homeownership.
Twenty-two Illinois housing service providers will receive a total of $1,020,951 in HUD grant funding for the employment of Service Coordinators in insured and assisted apartment housing that is designed for the elderly and persons with disabilities.  A service coordinator is a social service staff person hired or contracted by the development’s owner or management company and is responsible for assuring that elderly residents and those non-elderly residents with disabilities are linked to the specific supportive services they need to continue living independently. 
source : press release

Thursday, June 15, 2017

Disability Rights in Housing

The U.S. Department of Housing and Urban Development (HUD) has the following information and resources posted under 'people with disabilities'. As with any issues always check with your state and local government, as in many cases you find additional regulations. The information posted is current as the date of this post, always check with HUD for updates.

Definition of Disability: Federal laws define a person with a disability as "Any person who has a physical or mental impairment that substantially limits one or more major life activities; has a record of such impairment; or is regarded as having such an impairment."

In general, a physical or mental impairment includes hearing, mobility and visual impairments, chronic alcoholism, chronic mental illness, AIDS, AIDS Related Complex, and mental retardation that substantially limits one or more major life activities. Major life activities include walking, talking, hearing, seeing, breathing, learning, performing manual tasks, and caring for oneself.

Disability Rights in Private and Public Housing: Regardless of whether you live in private or public housing, Federal laws provide the following rights to persons with disabilities:

  • Prohibits discrimination against persons with disabilities. It is unlawful for a housing provider to refuse to rent or sell to a person simply because of a disability. A housing provider may not impose different application or qualification criteria, rental fees or sales prices, and rental or sales terms or conditions than those required of or provided to persons who are not disabled.

    Example: A housing provider may not refuse to rent to an otherwise qualified individual with a mental disability because s/he is uncomfortable with the individual's disability. Such an act would violate the Fair Housing Act because it denies a person housing solely on the basis of their disability.

     
  • Requires housing providers to make reasonable accommodations for persons with disabilities. A reasonable accommodation is a change in rules, policies, practices, or services so that a person with a disability will have an equal opportunity to use and enjoy a dwelling unit or common space. A housing provider should do everything s/he can to assist, but s/he is not required to make changes that would fundamentally alter the program or create an undue financial and administrative burden. Reasonable accommodations may be necessary at all stages of the housing process, including application, tenancy, or to prevent eviction.

    Example: A housing provider would make a reasonable accommodation for a tenant with mobility impairment by fulfilling the tenant's request for a reserved parking space in front of the entrance to their unit, even though all parking is unreserved.

     
  • Requires housing providers to allow persons with disabilities to make reasonable modifications. A reasonable modification is a structural modification that is made to allow persons with disabilities the full enjoyment of the housing and related facilities.

    Examples of a reasonable modification would include allowing a person with a disability to: install a ramp into a building, lower the entry threshold of a unit, or install grab bars in a bathroom. Learn More About Reasonable Accomodations


    Reasonable modifications are usually made at the resident's expense. However, there are resources available for helping fund building modifications. Additionally, if you live in Federally assisted housing the housing provider may be required to pay for the modification if it does not amount to an undue financial and administrative burden. For more information, see the Reasonable Accommodations section of the Section 504 Frequently Asked Questions page.
     
  • Requires that new covered multifamily housing be designed and constructed to be accessible. In covered multifamily housing consisting of 4 or more units with an elevator built for first occupancy after March 13, 1991, all units must comply with the following seven design and construction requirements of the Fair Housing Act:
    • Accessible Entrance on an Accessible Route
    • Accessible Public and Common-Use Areas
    • Usable Doors
    • Accessible Route Into and Through the Dwelling Unit
    • Accessible Light Switches, Electrical Outlets, Thermostats, and Environmental Controls
    • Reinforced Walls in Bathrooms
    • Usable Kitchens and Bathrooms
In covered multifamily housing without an elevator that consists of 4 or more units built for first occupancy after March 13, 1991, all ground floor units must comply with the Fair Housing Act seven design and construction requirements. 

For information on how to comply with the physical accessibility requirements of the Fair Housing Act, visit the Fair Housing Accessibility FIRST Web site.

These requirements apply to most public and private housing. However, there are limited exemptions for owner-occupied buildings with no more than four units, single-family housing sold or rented without the use of a broker, and housing operated by organizations and private clubs that limit occupancy to members.
If you live in Federally assisted multifamily housing consisting of 5 or more units, 5 percent of these units (or at least one unit whichever is greater) must meet more stringent physical accessibility requirements. Additionally, 2 percent of units (or at least one unit whichever is greater) must be accessible for persons with visual or hearing disabilities. For more information,visit Section 504 Questions and Answers.

People with Disabilities in Federally Assisted Housing: Federal law makes it illegal for an otherwise qualified individual with a disability to be excluded, solely because of his or her disability, from programs receiving federal financial assistance. For more information on the rights of persons with disabilities in federally assisted housing as well as the responsibilities of housing providers who receive federal financial assistance, visit our Section 504: Disability Rights in HUD Programs site.

Zoning and Land Use: It is unlawful for local governments to utilize land use and zoning policies to keep persons with disabilities from locating to their area. For more information, see the Joint Statement of DOJ and HUD on Group Homes, Local Land Use, and the Fair Housing Act.

State and Local Laws: Many states and localities have fair housing laws that are substantially equivalent to the Federal Fair Housing Act. Some of these laws prohibit discrimination on additional bases, such as source of income or marital status. Some of these laws may impose more stringent design and construction standards for new multifamily housing.

The Americans with Disabilities Act: In most cases, the ADA does not apply to residential housing. Rather, the ADA applies to places of public accommodation such as restaurants, retail stores, libraries, and hospitals as well as commercial facilities such as offices buildings, warehouses, and factories. However, Title III of the ADA covers public and common use areas at housing developments when these public areas are, by their nature, open to the general public. For example, it covers the rental office since the rental office is open to the general public.

Title II of the ADA applies to all programs, services, and activities provided or made available by public entities. This includes housing when the housing is provided or made available by a public entity. For example, housing covered by Title II of the ADA includes public housing authorities that meet the ADA definition of "public entity," and housing operated by States or units of local government, such as housing on a State university campus.

For more information on the Americans with Disabilities Act, visit the Department of Justice ADA Home Page.

File a Complaint: To file a complaint or for information on how HUD processes housing discrimination complaints, see Fair Housing-It's Your Right.

FOR MORE INFORMATION, RESOURCES, and UPDATES, VISIT HUD AT: https://www.hud.gov/


Wednesday, June 14, 2017

Chicago Housing Authority Programs Adjusting Housing Vouchers for Disability Needs

Armed with new data, the Chicago Housing Authority plans to give ‘supervouchers’ another try


Article by Maya Dukmasova for the CHICAGO READER | June 8, 2017                                                                 
Rachael Tovar was devastated when she received word last year from the Chicago Housing Authority that the money she received to subsidize her housing would be significantly reduced. It meant that the 59-year-old would have to move out of her apartment at 175 N. Harbor Drive. For the the first time in her 15 years of getting around primarily by wheelchair, she had an apartment that was compliant with the standards of the Americans with Disabilities Act. The large rooms and wide doorways of the lakefront high-rise allowed her to move around easily, and the grocery store in the building also assured her independence. Her two youngest kids were on their way out of the house to live on their own, but having three bedrooms meant she could also have a live-in health aide and space enough for the medical equipment she relies on to manage her worsening spinal stenosis, chronic asthma, and acute arthritis.

Tovar's residency in the Harbor Drive apartment was made possible by a unique Chicago Housing Authority program for Section 8 voucher holders—one that came to a halt in 2014 amid politicized backlash that it was wasting taxpayer dollars to provide luxurious housing for poor people.

What came to be popularly known as the "supervoucher" program allowed voucher holders to receive subsidies worth up to 300 percent of the fair market rent in neighborhoods deemed by the CHA to be "opportunity areas." These had to be places with low poverty rates and low rates of subsidized households. While vouchers are ordinarily calibrated to fair market rents for the entire Chicago metro area, the CHA recognized that this average calculation that included the city and suburbs, rich and poor areas, led voucher values to be too low to allow families access to large swaths of the city, particularly integrated neighborhoods on the north side and close to downtown. Tovar was one of many people with disabilities who qualified for the program, which was all but essential for securing housing in wheelchair-accessible properties. Most of them are concentrated on the north side, in buildings constructed following the 1991 ADA design standards.

"The housing market is ridiculously slim for those of us in a chair," says Tovar, who's spent months searching for alternative housing while paying more than half of her social security disability income toward rent since the CHA lowered its voucher payouts to her in 2016. Through a series of emergency petitions to CHA and the Department of Housing and Urban Development this past year, Tovar has managed to remain at the Harbor Drive apartment on a month-to-month agreement. However, she has to plan to move out in the next year.

As the undertaking of finding another wheelchair-accessible unit looms, the CHA may once again be able to help Tovar and other voucher holders with disabilities burdened by higher payments. A new report released last week by the University of Chicago's Policy Research Team and the Chicago Area Fair Housing Alliance quantifies the dire shortage of affordable, handicap-accessible housing in Chicago, and chronicles the rampant discrimination voucher holders face among landlords.

In light of these findings and feedback from voucher holders and advocates, CHA spokeswoman Molly Sullivan says in a written statement that her agency "recognizes the difficulties that many of our voucher holders with disabilities face when searching for an accessible unit." The CHA is now poised to attempt a new iteration of the supervoucher program, this time armed with data to inform its design and deflect the kind of criticism that hampered its precursor.

The report "is a great example of the advocates, the data crunchers, and the policy makers all coming together to effectuate good policy change," Sullivan says, adding that the proposal for the new program will be submitted for public comment later this summer and for approval by the Department of Housing and Urban Development in the fall.

The new program will be more limited in scope as compared to the supervoucher program of old. As the Reader reported last year, the program once functioned as a sort of desegregation strategy, allowing voucher families who passed through a gauntlet of screenings an opportunity to move into neighborhoods with more jobs, better transportation, higher-performing schools, and a plethora of other benefits. But when news of the program broke in the summer of 2014, years after it began, its benefits for the fewer than 800 households who participated were overshadowed by coverage of voucher holders living in Aqua Tower condos or paying nothing to rent new single-family homes. By then no one who engineered the program at the CHA was still there to defend it, and the agency failed to keep records to explain the need for the program and hadn't collected data about the benefits it conferred.

Amid the media frenzy and a Department of Housing and Urban Development audit aimed at assessing the supervoucher program's compliance with federal guidelines, the CHA scaled back. It limited voucher payouts to 150 percent of fair market rent in opportunity areas, and many of those who'd been given the chance of a lifetime to move out of poor, segregated neighborhoods were sent packing.

The Policy Research Team's report presents a variety of findings on the way that voucher holders are segregated and discriminated against in Chicago. It highlights the overlaps of current voucher holders' residential patterns with historical maps of residential redlining on the south and west sides; it introduces new data on landlords who discriminate against voucher holders or actively recruit them into under-resourced neighborhoods on apartment listings websites; and it shows which neighborhoods have the highest rates of discrimination complaints based on race and source of income (i.e., where landlords refuse to rent to families because they have vouchers). But some of the most striking data in the study concerns handicap-accessible housing.

When the supervouchers were scaled back, people with disabilities were hurt the most, the report notes. In examining April listings on apartments.com—the only online listing service that allows searches by wheelchair accessibility—the authors found that of the some 2,800 listed properties, only 300 had units with wheelchair accessibility. Almost 70 percent of the wheelchair-accessible housing is in neighborhoods the CHA designates as opportunity areas. And the bigger the apartment, the higher the rent when wheelchair accessibility is required. A median three-bedroom, accessible apartment in an opportunity area can be $2,000 more per month than a non-accessible unit in an opportunity area.

Such "accessibility premiums" hold true for every size of apartment in both the CHA's opportunity areas and the rest of the city, and the rent prices are between 14 and 91 percent greater than the CHA's current maximum voucher payments. This means that if a voucher holder with accessibility needs managed to rent the unit, she would have to spend more than 30 percent of her income in addition to the voucher to pay the rent. Such a circumstance runs counter to the goal of vouchers.

In addition to dealing with race-based and source-of-income discrimination from landlords, the rarity and high cost of wheelchair-accessible housing means that even less of the rental housing market is available and affordable to voucher holders with disabilities than their able-bodied peers. For Tovar, who's looking for a three-bedroom unit, just 1.6 percent of accessible properties are affordable (meaning she'd pay no more than 30 percent of her income for rent) with the CHA's current voucher payouts in opportunity areas. By contrast, the report notes, voucher holders without accessibility needs can afford 30 to 55 percent of properties in opportunity areas that have up to three bedrooms.

To correct this disparity, the authors of the report recommend that the exception payment standards for voucher holders with accessibility needs be raised to at least 200 percent of the fair market rent for studios and one-bedroom apartments, and to at least 225 percent of the fair market rent for apartments with two or more bedrooms.

With the report in hand, the CHA appears better prepared to handle any eventual criticism from the public or questions about the program from HUD. This time around, the agency wants to allow payment flexibility up to 250 percent of the fair market rent instead of 300, and the program will be limited to people who have disability accessibility needs. In addition, disabled voucher holders would be able to benefit from higher voucher payments in both the CHA-designated opportunity areas and everywhere else. Though most of the accessible housing stock is in opportunity areas anyway, this provision will help remedy the disparity in housing affordability between households with wheelchair accessibility needs and those without them in every part of the city.

The CHA doesn't currently keep data on how many of its roughly 46,000 voucher holders require wheelchair accessibility, but the new version of supervouchers will likely serve a small minority of its residents. And although this higher voucher payment flexibility will help, it eliminates just one barrier voucher holders face when trying to find a place to rent, particularly in well-to-do neighborhoods. The stigma associated with having a voucher is still pervasive, as showcased by the Policy Research Team's report and the ongoing, acrimonious battle to build a new affordable-housing development in Jefferson Park that would prioritize veterans and voucher holders with disabilities.

Tovar is encouraged to hear that the CHA is trying the higher exception payment standards once again, but she may have to move out of her current place before HUD approves the program and it's rolled out again. As she's searched around for accessible apartments throughout the past year, she says she's also been juggling other obstacles. Despite the fact that she has stellar references from prior landlords and a stable income bolstered not only by the voucher but also by social security disability benefits and earnings from her work as a remote call-center agent, she's still nursing her credit back to health after filing for bankruptcy several years ago. Though the bankruptcy is discharged and she's rebuilt a lot of her credit, Tovar says most landlords still hold that against her. And she says she's also encountered landlords who refuse to rent to her because she's in a wheelchair.

Prior to securing her current residence in 2012 through the old supervoucher program, Tovar was living with two of her three children and moved through "one goofy place after another," including a basement apartment with black mold and no ramp that forced her to park her wheelchair in a common hallway. Another apartment had a poorly constructed ramp that caused her to fall. Her goal now is to find an affordable building with an elevator in a part of town where she can get around on her own.

"It's a wonderful place," Tovar says of her Harbor Drive residence, but she adds that she doesn't necessarily need the luxury of a lakefront high-rise, only accessibility of the type she's been grateful to enjoy. "I need to be able to get in and get around the unit and do as much as I can on my own so I don't feel like a burden and some thrown-away lump of meat that someone else has to cater to."
https://www.chicagoreader.com/Bleader/archives/2017/06/08/armed-with-new-data-the-chicago-housing-authority-plans-to-give-supervouchers-another-try

Wednesday, June 7, 2017

Feds Intervenes in False Claims Act Lawsuit Against the City of Los Angeles for Knowingly Failing to Provide Accessible Housing

June 7, 2017 - The United States has intervened in a lawsuit against the City of Los Angeles and the CRA/LA (formerly the Community Redevelopment Agency of the City of Los Angeles) alleging that they falsely certified compliance with federal accessibility laws in connection with claims submitted to the U.S. Department of Housing and Urban Development (HUD) for housing grants, the Department of Justice announced today. The accessibility laws allegedly violated include Section 504 of the Rehabilitation Act, the Fair Housing Act, and the duty to affirmatively further fair housing, which are meant to ensure that people with disabilities have fair and equal access to public housing.

The lawsuit alleges that the City applied for and received from HUD millions of dollars in federal housing funds, a portion of which it provided to the CRA/LA, to develop affordable housing that was accessible for people with disabilities. As recipients of HUD funds, the City and the CRA/LA must comply with the accessibility laws allegedly violated. Among other things, these laws require that five percent of all units in certain federally-assisted multifamily housing be accessible for people with mobility impairments, and an additional two percent be accessible for people with visual and auditory impairments. They also require that the City and the CRA/LA maintain a publicly available list of accessible units and their accessibility features. Likewise, they require that the City and the CRA/LA have a monitoring program in place to ensure people with disabilities are not excluded from participation in, denied the benefits of, or otherwise subjected to discrimination in, federally-assisted housing programs and activities solely on the basis of a disability.

The City annually had to certify compliance with Section 504, the Fair Housing Act, and the duty to affirmatively further fair housing as a precondition for receiving HUD funds. The lawsuit alleges that none of the HUD-assisted multifamily housing supported by the CRA/LA, or other developers, met the minimum number of accessible units. The lawsuit also alleges that the City and the CRA/LA neither monitored sub-recipients of HUD funds for compliance with federal accessibility laws nor maintained a publicly-available list of accessible units and their accessibility features.

“Recipients of federal housing funds must honor their commitments to accommodate people with disabilities,” said Acting Assistant Attorney General Chad A. Readler of the Justice Department’s Civil Division. “Denying people with disabilities equal access to public housing deprives one of the most disadvantaged groups in society of fair housing opportunities.”

“This case alleges that the City of Los Angeles repeatedly violated the law by falsely certifying that millions of federal dollars were being used to build housing that included units accessible to people with disabilities,” said Acting U.S. Attorney Sandra R. Brown for the Central District of California. “While people with disabilities struggled to find accessible housing, the city and its agents denied them equal access to housing while falsely certifying the availability of such housing to keep the dollars flowing. The conduct alleged in this case is very troubling because of the impact on people who did not have access to housing that met their needs.”

“This case demonstrates the important role whistleblowers play in the process of uncovering waste, fraud, and abuse,” said HUD Inspector General David A. Montoya. “It further displays our commitment to fully pursue allegations that are brought to our attention.”

The lawsuit, United States ex rel. Ling, et al. v. City of Los Angeles, et al., No. CV11-00974 (PG), was filed in the U.S. District Court in Los Angeles by Mei Ling, a resident of Los Angeles who uses a wheelchair, and the Fair Housing Council of San Fernando Valley, a nonprofit civil rights advocacy group. The lawsuit was filed under the qui tam or whistleblower provisions of the False Claims Act, which permit private parties to sue on behalf of the United States when they believe that a party has submitted false claims for government funds, and to receive a share of any recovery. The False Claims Act permits the government to intervene in such a lawsuit, as it has done in this case.

These matters were investigated by the Civil Division’s Commercial Litigation Branch, the U.S. Attorney’s Office for the Central District of California, and the HUD Office of Inspector General.

The claims asserted against the City of Los Angeles and the CRA/LA are allegations only; there has been no determination of liability.

Attachment(s): 
source: Department of Justice press release - https://www.justice.gov/opa/pr/united-states-intervenes-false-claims-act-lawsuit-against-city-los-angeles-and-crala

Friday, June 2, 2017

Justice Department Settles Disability-Based Housing Discrimination Lawsuit with City of Jacksonville, FL

June 1, 2017 - The Justice Department today announced a settlement with the city of Jacksonville, Florida, to resolve allegations that the city violated the Fair Housing Act and the Americans with Disabilities Act when it refused to all ow the development of permanent supportive housing for individuals with disabilities in its Springfield neighborhood.

The settlement, which must still be approved by the U.S. District Court for the Middle District of Florida, resolves a lawsuit the department filed in December 2016. That lawsuit was consolidated with similar ones brought by Ability Housing, Inc. and Disability Rights Florida, which were resolved in a separate settlement with the city.

“Federal law protects the right of individuals with disabilities to live in communities of their choice without facing discrimination,” said Acting Assistant Attorney General Tom Wheeler of the Justice Department’s Civil Rights Division. “Through this settlement, the city of Jacksonville has taken steps to ensure that its residents can exercise this right.”

“The Fair Housing Act and the Americans with Disabilities Act protect against official adoption of community discrimination,” said Acting U.S. Attorney W. Stephen Muldrow, of the Middle District of Florida. “We commend the city of Jacksonville’s willingness to rectify its past actions, and we look forward to continuing to work with the city to ensure that individuals with disabilities in Jacksonville are afforded the same opportunities as those without disabilities.”

As part of the city’s settlement with the department, the city has amended its zoning code to better comply with federal anti-discrimination laws, including removing restrictions that apply to housing for persons with disabilities and implementing a reasonable accommodation policy. The city also agreed to rescind the written interpretation that prevented Ability Housing from providing the housing at issue, designate a fair housing compliance officer, provide Fair Housing Act and Americans with Disabilities Act training for city employees, and pay a civil penalty to the government of $25,000. In the separate settlement, the city agreed to pay $400,000 to Ability Housing and $25,000 to Disability Rights Florida, and to establish a $1.5 million grant to develop permanent supportive housing in the city for people with disabilities.

The department’s suit alleged that in 2014, Ability Housing received a $1.35 million grant from Florida to revitalize a 12-unit apartment building and create permanent supportive housing for “chronically homeless” individuals in Jacksonville who, by definition, have at least one disability. Ability Housing specifically intended to provide this housing to veterans and to connect them with optional support services. The city had previously certified that Ability Housing’s development of the property was consistent with the city’s zoning code but, as alleged in the department’s complaint, reversed itself in response to intense community pressure based on stereotypes about the disabilities of the expected residents. As a result, Ability Housing lost the grant and the property. The department conducted an independent investigation and subsequently filed this lawsuit.

Fighting illegal housing discrimination is a top priority of the Justice Department. The Fair Housing Act prohibits discrimination in housing on the basis of race, color, religion, sex, familial status, national origin, and disability. Title II of the Americans with Disabilities Act prohibits discrimination on the basis of disability by public entities. More information about the Civil Rights Division and the laws it enforces is available at www.justice.gov/crt. Individuals who believe that they may have been victims of housing discrimination can call the Justice Department at 1-800-896-7743, email the Justice Department at fairhousing@usdoj.gov or contact HUD at 1-800-669-9777.

Attachment(s):  Download Jacksonville Consent Decree
source: Department of Justice press release

Thursday, May 18, 2017

Federal Court Rules Against Landlord in Disability Discrimination Case, Who Insisted on Security Deposit for Service Animal

Justice Department Obtains $37,000 Verdict in Disability Discrimination Case Against Montana Landlord

May 17, 2017 - A federal jury in Butte, Montana today returned a $37,343 verdict against a Bozeman, Montana landlord for charging a tenant with physical and psychiatric disabilities $1,000 to have a service animal, the Justice Department announced today.
The lawsuit, filed in U.S. District Court in Butte, alleged that Jaclyn Katz, the owner and manager of rental properties in Bozeman, discriminated against Kristen Newman, a tenant with physical and psychiatric disabilities, by charging her a $1,000 deposit as a condition for allowing her to keep her service dog, Riley.  At trial, Newman, her treating therapist and an independent expert testified that Riley assisted Newman in living with the symptoms of her disabilities, including providing emotional support, helping to predict migraines, and reducing suicidal thoughts.  Newman also testified that she repeatedly informed Katz that charging a deposit for a service animal was illegal and that Newman understood that she would have to pay for any actual damage caused by her service dog.  Nevertheless, Katz continued to levy this charge and, at one point, even threatened to terminate Newman’s tenancy.  The case arose out of a complaint filed by Newman with the U.S. Department of Housing and Urban Development.
The verdict includes $11,043 in compensatory damages for Newman, $20,000 in punitive damages for Newman, and $6,300 for Montana Fair Housing, Inc., which assisted Newman with her fair housing complaint. 
“Persons with disabilities have the right to live in and enjoy their communities, just as all families do throughout our nation,” said Acting Assistant Attorney General Tom Wheeler of the Justice Department’s Civil Rights Division.  “We commend the jury for recognizing that the Fair Housing Act prohibits landlords from discriminating against persons with disabilities, and we will continue to work to eliminate discriminatory barriers in housing for persons with disabilities.”
“Many people with disabilities require the assistance of an animal to carry out major daily activities,” said General Deputy Assistant Secretary Bryan Greene of the U.S. Department of Housing and Urban Development’s Fair Housing and Equal Opportunity. “Complaints alleging disability discrimination now account for the majority of the complaints HUD receives. HUD will continue to enforce the law and educate the public on the rights of people with disabilities in housing.”
The federal Fair Housing Act prohibits discrimination in housing based on race, color, religion, national origin, sex, disability and familial status. More information about the Civil Rights Division and the laws it enforces is available at www.justice.gov/crt. Persons who believe that they have experienced unlawful housing discrimination may contact the Justice Department at 1-800-896-7743, or by e-mail at fairhousing@usdoj.gov(link sends e-mail). 
source: press release

Wednesday, May 10, 2017

Webinar May 19th: How to Stop President Trump's Proposed Cuts to Affordable Housing

In his blueprint for Fiscal Year (FY) 2018, President Trump proposed to slash federal investments in affordable housing and community development by 15%, putting more than 200,000 families at immediate risk of eviction and homelessness and starving local communities of the resources they need to thrive. Later this month, the Trump administration is expected to release more details.

National Low Income Housing Coalition (NLIHC) and other leaders of the Campaign for Housing and Community Development Funding (CHCDF) invite you to learn how to effectively communicate with policymakers and the public about the impact of President Trump's budget cuts on families and communities.

WHEN: May 19, 2017 - 3:00 PM (ET)
REGISTER: CLICK HERE

Speakers include:
  • Rebecca Vallas, Center for American Progress  
  • Jeremy Slevin, Center for American Progress
  • Tiffany Manuel, Ph.D.,Enterprise Community Partners
  • Amy Clark, National Housing Conference
  • Elayne Weiss, National Low Income Housing Coalition

Take action now:

  1. Organizations and local governments can sign onto a national letter calling on Congress to lift the caps on federal spending for FY18 equally for defense and non-defense programs and ensure that affordable housing and community development programs receive the highest level of funding possible.  
  2. Individuals can email members of Congress and urge them to protect critical resources for affordable housing. Email Congress! 
  3. Everyone can share CHCDF's new A Place to Call Home report and more than 100 success stories with their members of Congress. A Place to Call Home brings together the latest research on how affordable housing boosts economic mobility, reduces poverty and homelessness, improves health outcomes, and strengthens the economy.
For more on the National Low Income Housing Coalition, visit: nlihc.org/

Ability Chicago Info is a member of the National Low Income Housing Coalition!