Loading...
HomeMy WebLinkAbout2002-08-28 - Minutes - Archive• • MINUTES OF THE SPECIAL MEETING OF THE HOUSING AUTHORITY OF THE CITY OF FAYETTEVILLE, ARKANSAS The Housing Authority of the City of Fayetteville, Arkansas met in Special Session at 8:00 a.m., Wednesday August 2-%th, 2002 in the office of the Authority #1 North School Ave., Fayetteville, Arkansas. Janet Richardson, Chairperson, called the meeting to order. Commissioners Present: Commissioners Absent: Others Present: Richardson, Watson, Garton, Childress, Clinehens NONE Bromo Wilson, Fredia Sawin, Laura Higgins (all Fayetteville Housing Authority employees), Carol Hart (with Lifestyles), Jack Butt (Lifestyles Board Member), Jim Crouch (Fayetteville Housing Authority Lawyer) and Emily Williams (Homeless Liaison with the Fayetteville Public Schools) This Special Board Meeting was called in response to ongoing concern in relation to the issues from Lifestyles and other disabled organizations with regard to Federal regulations on two unrelated disabled people living together. Mr. Wilson conveyed his apologies to the board as to the interpretation of the regulations and that HUD in Little Rock did not give guidance to us that we were allowed to give reasonable accommodation to the disabled in relation to this issue of living together for their benefit. We asked John Munday, (HUD Lawyer), about a month ago, as to what the regulations were in regards to the definition of a family and was told that we could not allow two unrelated peoplee to live together without fear of lawsuit due to our policy guidelines. This reasonable accommodation rule never came up until now. Ms. Hart relayed her reasons as to the benefits for her clients at Lifestyles to live together for the combining of income, finances and for safety and security. Ms. Higgins, Section 8 Director, pointed out to the board and Ms. Hart that there could only be one Head of Household and only the Head of Household could retain the voucher. Mr. Garton reiterated the fact that it would also be non- beneficial, in some cases, for them to live together if they had excessive medical expenses. PAGE 2 Ms. Watson asked Ms. Hart about instances of compatibility and conflict which would cause a rotation of roommates. Ms. Hart answered that they try to make decisions and make sure they are compatible. We also help them resolve everyday issues and help them to learn how to resolve conflicts. Mr. Crouch, Fayetteville Housing Authority Lawyer, brought up the fact that the definition of a disabled family, which is already in the Housing Authority Occupancy Policy for Public Housing and the Administrative Plan for Section 8, could be used in approving these disabled people since it relates to this issue. The definition of a disabled family is - A family whose head, spouse or sole member is a person with disabilities, or two or more persons with disabilities living together, or one or more persons with disabilities living with one or more live-in aides. In any case, one of the people with disabilities must be the head o r spouse. Mr. Crouch said in his opinion that no changes need to be made to the policies of the Housing Authority in order for them to approve these disabled people to live together. It can be done e ither by reasonable accommodation or by the definition of a disabled family. Ms. Higgins reminded the board that we are talking about two different issues here when going by the definition or by going w ith the reasonable accommodation guidelines. We need to make sure we know which is the best way to accomplish this without going against the rules or our own policies. Ms. Childress asked if this would benefit all disabled people even outside the Lifestyles Corporation? Pfs. Hart answered yes we feel other organizations dealing with disabled people would benefit from this. Mr. Garton wanted acknowledgment that what he understood Mr Crouch to say is that they are qualified under the current Housing Authority policies which means no changes need be made. Mr. Crouch responded to Mr. Garton and confirmed that yes his understanding was right. Ms. Emily Williams, Homeless Liaison with the Fayetteville Public Schools, asked that a written statement be sent out to all the o rganizations dealing with disabled individuals as to the specific criteria. I am sure organizations like Sources, United Cerebral Palsy, Arkansas Rehab and Richardson Center would be glad to learn this information. Ms. Hart expressed that she is delighted about this accommodation of the rules for her clients. We have always worked well with the Fayetteville Housing Authority staff and will in the future. Mr. Wilson apologized again to Ms. Hart. HUD didn't tell us about these guidelines they do not approach these issues unless asked. • • • PAGE 3 Mr. Crouch made mention that the Fayetteville Housing Authority policies does not allow for them to do special housing types such as Congregate Housing or Shared Housing. After further discussion, Mr. Clinehens made a motion that Ms. Janet Richardson, Chairperson, draft a letter to all the disabled organizations as to this issue and the present acknowledgement of the rules already in place. Ms. Hart will provide a list of names and addresses for this letter. Motion was made, seconded and carried unanimously. There being no further business, the meeting was adjourned. THE HOUSING AUTHORITY OF THE CITY OF FAYETTEVILLE, ARKANSAS ATTEST: HAIRPERSON /frot4/t&&>\ September 25, 2002 Ed Benton, Director United Cerebral Palsy of Central Arkansas 9720 N. Rodney Parham Rd. Little Rock, AR 72227 Dear Mr. Benton, The Fayetteville Housing Authority has had inquiries over the past several months concerning the availability of Public Housing and Section 8 vouchers to non -related disabled persons wishing to share a housing unit After a thorough search and study of HUD regulations relevant to such situations, it has been determined that non -related disabled persons who wish to share a Public Housing or HUD unit do qualify as a family. Therefore, as long as other current financial and elegiblity requirements are met, those persons may apply and be eligible for both types of housing that the FHA currently offers. We are making you aware of this recent clarification because we know your organization serves individuals who might want to apply for Public Housing or Section 8 vouchers Please tell the individuals you serve about their recently determined eligiblity. If you have questions about the housing available through the FHA, please call the office at 521-3850 or come by to pick up an application. The FHA office is located at #1 N. School Street in Hillcrest Towers. We the staff and commisssioners at FHA are happy for the opportunity to work with you and the people you serve to promote housing accessibility in our community for those who need it most. I am sending this notice to you because you now have an office in our area. Sincerely, altetR+ jek tc-A at_eyr net Richardson, Chairman FHA Board of Commissioners • September 25, 2002 Carol Hart, Executive Director Lifestyles, Inc. PO.Box 1114 Fayetteville, AR 72702 Dear Ms. Hart, The Fayetteville Housing Authority has had inquiries over the past several months concerning the availability of Public Housing and Section 8 vouchers to non -related disabled persons wishing to share a housing unit After a thorough search and study of HUD regulations relevant to such situations, it has been determined that non -related disabled persons who wish to share a Public Housing or HUD unit do qualify as a family. • Therefore, as long as other current financial and elegiblity requirements are met, those persons may apply and be eligible for both types of housing that the FHA currently offers. We are making you aware of this recent clarification because we know your organization serves individuals who might want to apply for Public Housing or Section 8 vouchers Please tell the individuals you serve about their recently determined eligibiity. If you have questions about the housing available through the FHA, please call the office at 521-3850 or come by to pick up an application. The FHA office is located at 111 N. School Street in Hillcrest Towers. We the staff and commisssioners at FHA are happy for the opportunity to work with you and the people you serve to promote housing accessibility in our community for those who need it most. • Sincerer Janet Richardson, Chairman FHA Board of Commissioners • • September 25, 2002 John Buck, Director The Richardson Center 1760 Woodland Avenue Fayetteville, AR 72703 Dear Mr. Buck, The Fayetteville Housing Authority has had inquiries over the past several months concerning the availability of Public Housing and Section 8 vouchers to non -related disabled persons wishing to share a housing unit After a thorough search and study of HUD regulations relevant to such situations, it has been determined that non -related disabled persons who wish to share a Public Housing or HUD unit do qualify as a family. Therefore, as long as other current financial and elegiblity requirements • are met, those persons may apply and be eligible for both types of housing that the FHA currently offers. We are making you aware of this recent clarification because we know your organization serves individuals who might want to apply for Public Housing or Section 8 vouchers Please tell the individuals you serve about their recently determined eligiblity. If you have questions about the housing available through the FHA, please call the office at 521-3850 or come by to pick up an application. The FHA office is located at #1 N. School Street in Hillcrest Towers. We the staff and commisssioners at FHA are happy for the opportunity to work with you and the people you serve to promote housing accessibility in our community for those who need it most. • Sincerely, aV+-c�C./ �Yf Janet Richardson, Chairman FHA Board of Commissioners • September 25, 2002 Bill Knight, Director Sources for Independent Living 1918 Birch Avenue Fayetteville, AR 72703 Dear Mr. Knight, The Fayetteville Housing Authority has had inquiries over the past several months concerning the availability of Public Housing and Section 8 vouchers to non -related disabled persons wishing to share a housing unit After a thorough search and study of HUD regulations relevant to such situations, it has been determined that non -related disabled persons who wish to share a Public Housing or HUD unit do qualify as a family. Therefore, as long as other current financial and elegiblity requirements • are met, those persons may apply and be eligible for both types of housing that the FHA currently offers. We are making you aware of this recent clarification because we know your organization serves individuals who might want to apply for Public Housing or Section 8 vouchers Please tell the individuals you serve about their recently determined eligiblity. If you have questions about the housing available through the FHA, please call the office at 521-3850 or come by to pick up an application. The FHA office is located at #1 N. School Street in Hillcrest Towers. We the staff and commisssioners at FHA are happy for the opportunity to work with you and the people you serve to promote housing accessibility in our community for those who need it most. • Sincerely, %e , ,, Q avytt CLA'CLI) Janet Richardson, Chairman FHA Board of Commissioners • September 25, 2002 Keith Vire, Director Arkansas Support Network, Inc. 1103 SE 15th St. Bentonville, AR 71712 Dear Keith, The Fayetteville Housing Authority has had inquiries over the past several months concerning the availability of Public Housing and Section 8 vouchers to non -related disabled persons wishing to share a housing unit After a thorough search and study of HUD regulations relevant to such situations, it has been determined that non -related disabled persons who wish to share a Public Housing or HUD unit do qualify as a family. Therefore, as long as other current financial and elegiblity requirements • are met, those persons may apply and be eligible for both types of housing that the FHA currently offers. We are making you aware of this recent clarification because we know your organization serves individuals who might want to apply for Public Housing or Section 8 vouchers Please tell the individuals you serve about their recently determined eligiblity. If you have questions about the housing available through the FHA, please call the office at 521-3850 or come by to pick up an application. The FHA office is located at #1 N. School Street in Hillcrest Towers. We the staff and commisssioners at FHA are happy for the opportunity to work with you and the people you serve to promote housing accessibility in our community for those who need it most. • Sincerely, anet Richardson, Chairman FHA Board of Commissioners • September 25, 2002 Richard Royal, Director Abilities Unlimited of NW ARkansas Inc 1102 Happy Hollow Road Fayetteville, AR 72701 Dear Mr. Royal, The Fayetteville Housing Authority has had inquiries over the past several months concerning the availability of Public Housing and Section 8 vouchers to non -related disabled persons wishing to share a housing unit After a thorough search and study of HUD regulations relevant to such situations, it has been determined that non -related disabled persons who wish to share a Public Housing or HUD unit do qualify as a family. Therefore, as long as other current financial and elegibiity requirements • are met, those persons may apply and be eligible for both types of housing that the FHA currently offers. We are making you aware of this recent clarification because we know your organization serves individuals who might want to apply for Public Housing or Section 8 vouchers Please tell the individuals you serve about their recently determined eligiblity. If you have questions about the housing available through the FHA, please call the office at 521-3850 or come by to pick up an application. The FHA office is located at #1 N. School Street in Hillcrest Towers. We the staff and commisssioners at FHA are happy for the opportunity to work with you and the people you serve to promote housing accessibility in our community for those who need it most. Sincerely, anet Richardson, Chairman FHA Board of Commissioners •r Wedington Place Location: . The Best Place to Be 3430 Telluride Drive just north of Wedington Drive and west of I-540 (behind the Holiday Inn Express) Management Agent: Area Agency on Aging of Northwest Arkansas Phone: 479-695-1220 or 1-800-432-9721 Wedington Place, a beautiful, new housing development with 72 apartments designed to complement the lifestyles of the older population, offers seniors an affordable, quality, • and first-class housing alternative The complex is conveniently located just offI-540 behind the Holiday Inn Express, with easy access from Wedington Drive and just minutes away from many retail and medical facilities. As an added plus, the complex will be a regular stop on Sang Senior Activity Center's scheduled transportation route. The complex includes 44 one -bedroom (1 -bath) and 28 two-bedroom (2 -bath), energy efficient apartments with central heat and air conditioning, ceiling fans, large closet space, disposal, a range, frost -free refrigerator and dishwasher, grab bars in the bath and an emergency signaling device. Many units will include patios or decks as outdoor living space. Residents of Wedington Place will also enjoy the use of large central community rooms, recreation rooms, elevator and laundry facilities in each wing of both floors. Residents will be able to enjoy the professionally landscaped and well-maintained grounds as they gather at the gazebo or get their daily exercise on the walking trails surrounding the complex. To qualify for residence, applicants must be 55 years of age or older. Some units are reserved for extremely low-income seniors. Additional information regarding apartment rental and applications may be obtained by calling Ken McDowell or Marla Keithley at the Area Agency on Aging of Northwest • Arkansas at (870) 741-1144 or 1-800-432-9721. NANey Roaius , q4 -sig4 Area of N ::h\\e t -'3- ztraes !:1 RIP fl SerfP&e to Be " Managed br. �rea Agency on Aging of Northwest Arkansas ?Veelton dace 3430 Telluride Drive Fayetteville, Arkansas 72703 Phone: 479-442-5194 Or Toll Free: 1-800-432-9721 1 Email: wedingtonplace©yahoo.com W eda n.gto n, Place/ £s truly theme place. to- be. anti we, are camnnuttethto-be. tileiBe tf The Area Agency on Aging of Northwest Arkansas is dedicated to creating a positive, caring environment for the residents that choose to call our community home. Years of experience have taught us that a person arrives at the decision to consider living in an adult community in a variety of ways. Whether your decision is based solely on the search for more affordable housing or on the fact that you are a homeowner that desires to be free from home maintenance, the Wedi Agtovt, Place, affordable housing program may be your answer. If you meet our eligibility guidelines then you may choose to experience the freedom of your retirement years doing the things you desire most. Independent living is a lifestyle of choice. The philosophy of WecUngton. Place is to help you maintain independence by promoting a healthy lifestyle for as long as possible. Our goal is to be the standard setter for affordable high quality independent living in our area. Whatever your reason may be for considering W ed ivtgtdw t la.cei, we will be happy to help! You are invited to come and explore the benefits, amenities, and also the options that our housing program can provide for you. For information or a application contact Nancy Robbins (479) 442-5194 We want to be your community of choice at Wectingtint. PlaceA The Agency is committed to the nomdiscmninatorydelivery afservices and is an Affirmative Action Equal Opportunity Enployer 1 EpY1 OP OR WTI HGl6Ma • • • W ecUvt taw place/ Amenities "Attractive or desirable features, as of a place, climate, etc. Courteous acts of pleasantness." weirsre-kDtcrarary Walking Trails will be available for individual walks or scheduled group walks. Recreation Room allows space for special activities, community events and celebrations. Exercise Equipment will allow you to keep fit or get in shape at your own pace. Pets are allowed with a Pet Deposit. Energy Efficient central heat and air-conditioning are installed in every apartment. You have your own control for your individual comfort. Appliances provided in each apartment include: electric range, frost -free refrigerator, dishwasher, disposal, and ceiling fans. Emergency Signaling Device in all apartments Elevators and Laundry facilities (6) located conveniently in each wing on both floors in the complex. Residents will enjoy the professionally Landscaped and Beautifully Maintained Grounds as they gather at the Pond or sit in the Gazebo to relax and visit. • • • Be Aytnything contributing to an improvement in condition or advantage." Websters Dictionary W ed.Lvtotow Place. Manager on site 35 hours a week. The office hours will be: Monday through Thursday, 8:a.m. to 5:p.m. and Friday 8:00 to 11:a.m. There are forty-four (44) one bedroom (1 bath) and twenty-eight (28) two bedroom (2 bath) apartments in the complex. Some apartments have balconies or porches for outdoor enjoyment. The approximate living area for the one bedroom is 620 square feet and 800 square feet for the two bedroom. Conveniently located in Fayetteville, close to shopping, doctors, and hospital. • Council on Aging' Senior Activity Center will provide transportation for those that want to attend the Center and for weekly shopping trips. • There will be Activities to participate in at the complex if you wish. Live in a active community with your peers. ElLeatbaity to Qualify." Webgers Dictionary Wedington Place has an age requirement of 55 years or older. Units are available for different income levels and also apartments that have no income limits. Additional information regarding apartment rental and applications may be obtained by calling Nancy Robbins, Housing Manager (479) 442-5194 or Marla Keithley at the Area Agency on Aging (870) 741-1144 or 1-800-432- 9721 • • • Wedington Place, LLLP is managed by the Area Agency on Aging of Northwest Arkansas, a non-profit agency dedicated to improving the lifestyle of people 60 years of age and older, helping them to remain independent and at home as long as possible, and advocating for the individual rights of those in long-term care facilities. Wedington Place is an equal opportunity housing complex. Floor Plans C9 CO RANGE KITCHEN •2 D.U. MING ROOM N. NKMER BATH BEDROOM 1 Bedroom — 607 Sq. ft. 2 Bedroom — 781 sq. ft. °v°"—eko. EQUAL OPPORTUNITY HOUSING • *LIFE STYLES OTogether,The Dream Continues • July 29, 2002 Mrs. Janet Richardson President of the Board Fayetteville Housing Authority Fayetteville, AR 72701 Dear Ms. Richardson and members of the board: I was so disappointed to receive your letter stating that the Housing Authority Board has chosen to retain the requirement that persons applying for Section 8 housing must be related by blood, marriage, or adoption. It was my understanding at the April 24, 2002 meeting that both Life Styles and the Housing Authority Board would continue to research this issue and the implications of both the current policy and a change in policy. I have been in contact with several groups in Washington, D.C. that monitor housing issues and have received a good bit of valuable information from them that addresses our concerns. I wish that we would have been notified prior to your vote, and that we would have been given the opportunity to discuss this new information with the board. I am also interested in learning more about your concern for "being rendered liable to possible discrimination suits" since so much of the information I have found indicates that HUD has addressed this concern in their regulations. I am enclosing copies of the most significant information in hopes that the board will be willing to reconsider their position. As 1 stated in my presentation to the Commission, we understand that the Department of Housing and Urban Development (HUD) has granted local PHA's much latitude in developing local policy. However, I am convinced that it is indeed HUD's intention that local communities utilize the flexibility and authority they have to maximize opportunities for individuals with disabilities to be able to find affordable and safe housing in their community. It is my understanding that one of the reasons Section 8 is so confusing is that there are the rules that are established by HUD, or Congress, and then there are also PHA • policies that are established locally by each PHA. The rules may be referenced in the P.O. 6OX 1114 / FAYETTEVILLE, AR. 72702 / 501-521-3581 U.S. Code of Federal Regulations (CFR) and represent the "final word" on certain • aspects of the program. • I have found two excellence sources of information that support our position. The first is entitled Section 8 Made Simple — Using the Housing Choice Voucher Program to Assist People With Disabilities and is published by Technical Assistance Collaborative, Inc. This publication is quite current only becoming available in June of this year. The other is Guidance for PUBLIC HOUSING AGENCIES Administering Housing Choice Vouchers Targeted to People with Disabilities through the Mainstream, Certain Developments, or Designated Housing Programs and was prepared under contract to U.S. Department of Housing and Urban Development (HUD). There are two situations in which unrelated people with disabilities can live together. The first is as a disabled family. According to HUD's regulations for eligibility for the Section 8 program (at 24 CFR 5.403) a disabled family includes: :• a family with a head, spouse, or sole member is a person with disabilities; 174. two or more persons with disabilities livingtogetheri ❖ one or more persons with disabilities living with one or more live-in aides. In this situation, all the people living together would be referred to as a "household" and the total "household" income would be looked at when determining eligibility for the Section 8 program and determining the subsidy amount the PHA would pay. The PHA would treat this household as they would treat any other Section 8 household. The second situation in which unrelated people with disabilities could live together would be under a Section 8 special housing type. According to HUD rules at 24 CRF 982 Part M, a PHA must allow a person with a disability to use a voucher in a special housing type as a reasonable accommodation. There are a few special housing types that would apply: 1. Group Homes 2. Congregate living 3. Shared housing Since 1970, there have been many federal and state laws passed in an effort to ensure that people with disabilities can participate fully and equally in federal and state housing programs. As a result of fair housing laws, PHAs are obligated to make reasonable changes in policies and procedures to ensure equal participation in the program by people with disabilities. These changes in policies or procedures are referred to as "reasonable accommodations." For example, a person with a disability could receive a voucher and share a two- bedroom apartment with a roommate who does not have a voucher. Other examples of shared housing include: ❖ Two people with separate vouchers sharing a two bedroom unit; ❖ Three unrelated people with disabilities sharing one voucher. The paperwork involved with shared housing can be cumbersome and might act as a barrier to PHA's establishing a shared housing policy. However, as with all the Section 8 special housing types, a person with a disability can request to use a Section 8 • voucher in a shared housing situation as a reasonable accommodation. • • An additional argument which I included in my presentation to the Commission, was the U.S. Supreme Court's "Olmstead decision". On June 22, 1999, the Court affirmed that under the American's with Disabilities Act (ADA) states may no longer confine people with disabilities unnecessarily in "restrictive settings" such as institutions or segregated facilities. It has been demonstrated repeatedly that persons with severe disabilities can live successfully in the community. To do so, they need decent, safe and affordable housing as well as the support services organizations such as Life Styles can provide. This ruling provides a wonderful opportunity for PHAs to partner with non- profit organizations to provide critical services necessary to implement the Olmstead decision. PHAs in 11 states have received special Housing Choice Vouchers through Project Access to meet the housing needs of people affected by this decision. In closing, 1 would like to emphasize that last statement. It is clear that the federal government, HUD, and the Courts are providing communities with the opportunity to eliminate the barriers that prevent individuals with disabilities from having full access to community life. Life Styles proposes that the Fayetteville Housing Authority join us in developing a model community that is proactive in addressing the housing needs of persons with disabilities in Northwest Arkansas I have included some of the referenced information for your review. I will be anxious to hear from the board of Commissioners regarding a positive and speedy solution to our concerns. Sincerely, Carol Hart Executive Director Cc: Bromo Wilson. Fayetteville Housing Authority Jim Crouch, FHA legal counsel Charles Harwell, President Life Styles Board of Directors • • • Letter to Fayetteville Housing Authority Board of Commissioners Attachment #1 Attachment #2 Attachment #3 Attachment #4 Attachment #5 Attachment #6 Attachment #7 Attachment #8 List of Attachments Reasonable Accommodations Eligibility U.S. Code of Federal Regulations (CFR) definition Additional defmitions Special Housing Types Examples Fair Housing and Reasonable Accommodations Olmstead Decision Chapter 8 • Chapter Reasonable Accomnodatoon And Reasonable Mod, __motion • • Although there are many features of the Section 8 program that help people with disabilities, there are also occasions when Section 8 policies need to be changed to ensure that people with disabilities can benefit from the program. Federal fair housing laws — especially the reasonable accommodation provision of Section 504 — allow people with disabilities to ask for these changes and obligate PHAs to make modifications to their policies as long as these changes are reasonable. This chapter provides an overview of these laws, and a description of reasonable accommodation and reasonable modification. It also includes a listing of common changes to Section 8 rules and policies that can be requested as a reasonable accommodation under Section 504. Reasonable Accommodation people with disabilities can have difficulty with the complex and bureaucratic requirements associated with the Section 8 program. For example, people with disabilities may need assistance in completing the application process, searching for housing, and submitting the necessary paperwork. PHAs are required to provide this assistance under the provisions of Section 504 of the Rehabilitation Act of 1973. Section 504 requires that PHAs provide "reasonable accommodation" in rules, policies, practices, or services to people with disabilities, including those policies in a PHA's Section 8 program. For example, a person with a disability might request that a PHA conduct a home visit in order to allow him/her to complete a Section 8 application. Remember, HUD's definition of "disabled household" requires that the head of the house- hold, co-head or spouse have a disability. This definition does not include households in which the sole member or members with disabilities are minor children. Requesting a Reasonable Accommodation nder Section 504, every Section 8 disabled household has the right to request a reasonable accommodation. In addition, PI -t45 are required to inform Section 8 households of this right. This does not mean that the PHA must grant any accommodation requested. The PHA may decide that some requests are "unreasonable" or may suggest a different solution to the problem. PHA's decisions about what is "reasonable" are sometimes based on previous HUD decisions regarding reasonable accommodation requests. 62 SECTION 8 MADE SIMPLE: Using The Housing Choice Voucher Program To Assist People With Disabilities If m EI Et Ito lat 1 1 1 1 1 l 1 ! a ! • Examples of some reasonable accom- modations have been described throughout this guidebook and are indexed at the end of this chapter. Regardless of the outcome, PHAs must have a process for households to make reasonable accommo- dation requests and for determining whether or not they are reasonable. This process must also be described in the Section 8 Administrative Plan. Usually, this policy involves the Section 8 household submitting the request in writing to PHA staff. It is helpful to understand the Section 8 rules in order to be able to ask for a specific accommodation. The written reasonable accommodation request should clearly describe the accommodation that is being requested, the reason that it is being requested, and include a discussion of how the accommodation is related to the person's disability. It is helpful to attach any written documentation or letters from advocates or providers that may support this request. Some PHAs may simply respond in writing to the request — especially for those requests that are similar to accommodations that the PHA has granted in the past. Some PHAs may schedule a meeting so that the household can discuss the request and provide any supporting documentation. Unfortunately, some PHAs are still unsure about their obligations under the federal fair housing laws and may not understand all their responsibilities with respect to reasonable accommodation. They also may not understand exactly how flexible they can be in granting a reasonable accommodation. PHAs are typically concerned that HUD will not agree with decisions they have made and may want HUD to approve every exception" to the rules. • • Reasonable Accommodation And Reasonable Modification The disability community may have to educate the PHAs about the requirements of these laws. This guidebook, and other written materials — including HUD regulations and notices past issues of Opening Doors publications (available at www.tacinc.org), etc. — can help explain reasonable accom- modation to a PHA. HUD Fair Housing Staff (from the local HUD Field Office or HUD Headquarters in Washington, DC) are also valuable resources to learn more about federal fair housing laws and reasonable accom- modation in the Section 8 program. Using these resources, the PHA can be encouraged to establish clear and help- ful reasonable accommodation policies. Reasonable Modification easonable modification policies under the fair housing laws allow people with disabilies to alter their rental housing units to meet their unique needs. Under reasonab e modification, an owner participating in the Section 8 program must allow a person with a disability — at their own expense — to make certain physical modifications to a unit if needed to fully use and enjoy the housing unit. Owners may require that the modifications be completed in a professional manner and be in compli- ance with all applicable building codes. In addition, owners may require the tenant to restore the unit to its original condition before vacating. Examples of modifications might be installing an en- trance ramp or grab bars in the shower. The owner does not have to allow the tenant to make modifications that the law deems "unreasonable." An unreasonable modification would be one that is not related to the person's Technical Assistance Collaborative, Inc. 63 • • • CHAPTER 1 receives housing assistance; and The opportunity to live in a housing setting that is fully integrated within the community rather than one set aside exclusively for people with disabilities. Importance of Fair Housing Laws and Reasonable Accommodation ince the 1970s, there have been many federal and state laws passed in an effort to ensure that people with disabilities can participate fully and equally in federal and state housing programs. When learning about all of the various activities that make up the Section 8 program, it is important to understand that as a result of fair hous- ing laws, PHAs are obligated to make reasonable changes in policies and procedures to ensure equal participation in tecomstirdt the program by people with disabilities. These changes in policies or procedures are referred to as "reasonable accommodation." Examples of reasonable accommoda- tion policies are highlighted through- out the guidebook. sizaswwhie Chapter 1 Summary The Housing Choice Voucher Program — still commonly referred to as the Section 8 program — is a very important housing resource for people with disabilities. The Section 8 program provides affordable housing since households pay a limited percentage — usually 30 percent of their monthly income — toward. housing costs. According to federal law, at least 75 percent of a PHA's Section 8 vouchers must go to households with incomes below 30 percent of the area median income. This is referred to as 'income targeting." Most people with disabilities receiving 55I have incomes well below 30 percent of median income. Most 55I recipients do not currently receive Section 8 housing assistance. There are four components of the Section 8 program: tenant -based rental assistance, project -based rental assistance, homeownership assistance, and down payment assistance. Each of these components can be used to meet the housing needs of people with disabilities. Section 8 tenant -based rental assistance is the most common type of Section 8 assistance and is often referred to as a "voucher." There are many steps in the Section 8 process. Each step involves many technical, and often cumbersome, activities As a result of fair housing laws, PHAs are obligated to make changes in their policies and procedures — known as reasonable accommodation — to ensure participation in the program by people with disabilities Examples of reasonable accommodation are highlighted throughout this guidebook. ' For further information about federal Supplemental Security Income benefits. see www.ssa.gov or call 1-800-772-1213. ' Available online at www.access.gpo.gov/su_docs/aces/aces140.html ' Priced Out in 2000: The Crisis Continues is available online at www.tacinc.org 12 SECTION 8 MADE SIMPLE: Using The Housing Choice Voucher Program TO! Assist People With Disabilities 7 it It • • • 9 • Other preferences might include: • People using "bridge subsidies" or time-limited subsidies (e.g., HOME subsidies, temporary subsidies funded by state or local mental health authorities or developmental disability agencies, etc.) that can be linked to the HCV program. • People who live in group homes or congregate housing. Some people with disabilities in these settings may be interested in moving into their own apartment while others may want to use the voucher to lease -in-place in their current housing. Eligibility Vouchers made available through the Mainstream, Certain Developments, or Designated Housing programs must be used by people with disabilities in households that qualify as "disabled households" according to HUD regulations. HUD has specific definitions for a person with a disability and for disabled households. A person with a disability is defined as an individual who: 1. Has a disability as defined in Section 223 of the Social Security Act, OR 2. Is determined to have a physical, mental, or emotional impairment which is t Expected to be of long -continued and indefinite duration; AND . Substantially impedes his or her ability to live independently; AND Q Is of such a nature that such ability could be improved by more suitable housing conditions; OR 3. Has a developmental disability as defined in Section 102 of the Developmental Disabilities Assistance and Bill of Rights Act. This definition includes persons who have the disease of acquired immunodeficiency syndrome. Similarly, for the purposes of qualifying for HCV assistance this definition excludes a person whose disability is based solely on any drug or alcohol dependence e: A disabled household is defined as a family whose head, spouse, or sole member is an adult with a disability. Disabled households can be: •• A single individual with a disability living alone; It A related family in which the head of household or spouse is a disabled person; L; Two or more related adults with disabilities living together; • Two or more unrelated disabled adults living together; or t One or more unrelated disabled adults living with one or more live-in aides. It is important to note that, according to 24 CFR Parc 5.403, for the HCV program, a disabled household does not include those households in which a minor child is the only family member with a disability. To qualify as a disabled family, a person with a disability •Strategies LO Help People with Disabilities Be Successful in the housing Choice Voucher Program Page 6 • • 4350.3 CHG-24 EXHIBIT 2-1 NOTE: For definition of "involuntarily displaced" used for applying Federal preferences, see paragraph h in this exhibit. e. Elderly Family. NOTE: There are two definitions set forth in paragraphs 1) and 2) below as well as guidance for FHA program definitions referred to in paragraph 3). For the applicable definition to use, see Section 2, Eligibility for Admission - How Household Characteristics and Income Affect Eligibility, particularly paragraphs 2-7 through 2-12. 1) Definition #1 (Section 202): a) Families of two or more persons one of whom is 62 years of age or older; b) The surviving member or members of any family in paragraph a) above living in an assisted unit with the deceased member of the family at the time of his or her death; c) A single person who is 62 years of age or older; or d) Two or more "elderly persons" living together, or one or more such persons living with another person who is determined by HUD, based upon a licensed physician's certificate provided by the family, to be essential to their care or well being. 2) Definition #2 (Section 8): A family whose head or spouse (or sole member) is an elderly, disabled, or handicapped person. It may include two or more elderly, disabled or handicapped persons living together, or one or more of these persons living with one or more live-in aides. 3) Definition #3 (Sections 221, 231 and 236): The "elderly family" definitions are set forth in Section 1 of this Chapter, Eligibility for Assistance. f. Elderly Person - one who is at least 62 years old. g• Handicapped Person • NOTE: For purposes of determining eligibility for protections under the Fair Housing Act and the 2-83 1/93 • • • • • • • • 4 • • program. In order to facilitate the reader's use of this guidebook, these terms are defined below. Person with a Disability For the purposes of both this guidebook and the Section 8 program, a person with a disability is defined as an individual who: 1. Has a disability as defined in Section 223 of the Social Security Act; OR 2. Is determined to have a physical, mental, or emotional impairment that is expected to be of long -continued and indefinite duration; and • Substantially impedes his or her ability to live independently; and • Is of such a nature that such ability could be improved by more suitable housing conditions; OR 3: Has a developmental disability as defined in Section 102 of .the Developmental Disabilities Assistance and Bill of Rights Act. Disabled Family or Disabled Household In the Section 8 program, a disabled family or disabled household is defined as a household whose head, co- head, spouse, or sole member is a person with a disability. This definition may include: - A single adult with a disability living alone; - A group of persons consisting of two or more unrelated disabled adults living together; • One or more unrelated disabled adults living with one or more live-in aides; Introduction A related family in which the head of household or spouse is a disabled adult; or • Two or more related adults with disabilities living together. It is important to note that for the Section 8 program, a disabled family does not include those households in which a minor child is the only family member with a disability. To qualify as a disabled family, a person with a disability must be an adult member of the household who is considered the head of household, co-head, or spouse. Applicant, Voucher Holder, and Household There are different terms used in this guidebook to refer to an individual, a group of individuals, or a family as it moves through the Section 8 process: ▪ Section 8 Applicant: A household that submits a Section 8 application, including those households that are on a waiting list for Section 8 assistance. Section 8 Voucher Holder: A household that has been determined eligible for the Section 8 program, given a Section 8 voucher, and is currently searching for a housing unit in the community. Section 8 Household: An individual, group of individuals, or family who is currently receiving Section 8 assistance. Disability Community This term is used throughout this guidebook to refer to people with disabilities, their advocates, families, and service providers. Most HUD programs — including the Section 8 program — are intended to serve ail people with disabilities, and may not be restricted to one disability group — Technical Assistance Collaborative, Inc. 3 • Special Housing Types PHAs may allow Section 8 vouchers to be used in certain living situations referred to by HUD as "special housing types." Some of these special housing types include: - Single Room Occupancy units; - Group homes; • Congregate housing. and • Shared housing. Many PHAs are not very know- ledgeable about special housing types and have not established Section 8 pol'cies that include these housing settings. This is unfortunate because some individuals with disabilities currently reside in these types of housing situations and/or may prefer to share housing rather than live alone. According to HUD rules, PHAs must permit the use of any special housing type, if needed, as a reasonable accommodation so 4 that the Section 8 program is readily accessible to and use- able by people with disabilities. PHAs that might consider allowing vouchers to be used in these special housing types may not be familiar with the intricacies of various shared hous- ing models. For example, in some group homes, the cost of food is included in the "rent" but could not be included for Section 8 purposes. It is important for PHAs and disability organizations to work together to determine the tenant's share of the rent and calculate the appropriate subsidy amount. Single Room Occupancy Units A Single Room Occupancy (50) is a unit within a building that may have shared kitchen and bathroom facilities. For Section 8 purposes, SROs are occupied only by one individual Section a: Getting A Section 8 Voucher And Obtaining Housing and are usually found in rooming houses or renovated hotels. According to the Section 8 special housing type rules, a PHA can allow a Section 8 household to use a voucher to rent a SRO unit if it is of good quality and meets Section 8 affordability standards For SRO housing, PHAs are instructed to use a payment standard equal to 75 percent of the studio/ efficiency payment standard. In many cities across the nation, there are people with disabilities currently residing in SRO units who are eligible for the Section 8 program. Although not all SRO properties will be able to meet Section 8 guidelines 4•tea,: PHAs should permit Section 8 vouchers to be used in approvable SRO housing as a reasonable accommodation for people with disabilities. Group Homes A Section 8 voucher may also be used in a group home. According to HUD, for the purposes of the Section 8 program, a group home must be "licensed, certified, or otherwise approved by the State, [as a] facility for elderly persons or persons with disabilities." According to HUD rules — with the exception of live-in aides — all residents of the group home (whether receiving Section 8 assistance or ;s+iare; ; not) must be elderly or people with disabilities, and must not require continual medical or 7 nursing care.' Also, no more than 12 people total (including any live-in aides) may reside in a group home. PHAs rarely allow Section 8 partici- pants to use vouchers in group homes. This is unfortunate because residents of group homes may want to live in more independent housing and need a Section 8 subsidy to achieve this personal goal. Using the Section 8 voucher initially in N. Technical Assistance Collaborative, Inc. 51 L Chapter 6 • the group home gives a person with a disability as much time as they need to find a rental unit in the community, as well as time to deal with other transi- tion issues (e.g., obtaining furniture, arranging for community support services if desired, etc.) One reason why PHAs may be reluctant to use Section 8 vouchers in group homes is that it can be bureaucratically confusing. PHAs are often unsure whether each person in the group home must have their own voucher or whether one voucher can be used for the entire group home. Both of these approaches are actually permissible according to HUD's rules. It is important that the disability community work with PHAs to educate !Sp i them about the need for housing ivaw°-. assistance among group home » residents. PHAs cannot discriminate against people with disabilities by refusing to allow Section 8 vouchers to be used in group homes. When using this Section 8 special housing type, both the PHA and the owner must also permit the voucher holder to move to more independent housing with the voucher, if they so desire. Congregate Housing Congregate housing is also consi- dered a special housing type under the Section 8 rules. HUD defines "congre- gate housing" as shared housing arrange- ments for people with disabilities and/ or elderly people (including any needed live-in aides). Unlike group homes, there is no requirement that congre- gate housing be licensed or certified in any way. Unlicensed group homes or board and cares homes are typical examples of congregate housing. •harsd sousing In addition to the housing situations described above, PHAs may also allow Section 8 participants to have roommates in their housing — referred to as "shared housing" — including a live-in aide, another person with a Section 8 voucher, ora person without any rental assistance. For example, a person with a disability could receive a voucher and share a two-bedroom apartment with a room- mate who does not have a voucher. Other examples of shared housing include: Two people with separate vouchers sharing a two bedroom unit. Three unrelated people with disabilities sharing one voucher. As with the group home situation, the Section 8 paperwork involved with shared housing can be cumber- some and often acts as a barrier to PHAs establishing a `• shared housing policy. How- ever, as with all the Section 8 'special housing with a disability carequest a person Section 8 voucher in a shared housing use a situation as a reasonable tion. In the shared housinggcommtda- the PHA calculates a pro -rata situation, of the housing costs to determine portion actual rent for the Section mine the holder and uses this figure 8 voucherde mining the subsidy amount to when aid by the PHA. be paid by Renting to Relatives in general, a PHA must not approve a unit for lease under the Section 8 program if the owner is the parent, child, grandparent, grandchild, sister, or brother of any member of the Section 8 household. However, this regulation can be waived as a reasonable.accommodat ion for a person with a disability. SCION 8 MADE SIMPLE: Using The Housing Choke Voucher Proaram n a«ict o_. r Mal 3' r 3' -13 t 3 E3 E;3 Er!3 e 3 t.. i 3 t' 13 E j-3 e 3 t i 3 t 3 t 3 C - .3 3 t. - .3 e • must be an adult member of the household who is considered the head of household or spouse. Verifying Disability Status PHAs can verify an applicant's disability status in a number of ways. PHAs may use the receipt of SSI or SSDI as sufficient proof of disability. However, PHAs may not limit proof of disability to chis type of verification. Other acceptable methods of verifying disability include (bur are not limited to): A statement from a physician or other reliable source. Reliable sources might include the state Departments of Mental Health, Mental Retardation or Public Health or a local Association for Retarded Citizens (ARC), Mental Health Center or Independent Living Center. PROMis'Nc PRACTICE Ustr g Housing Choice Vouchers with Unrelated Disabled Hquseholds= There are many Dols a PHA can use to increase its utihzaton of:HCVs by;peeple with disandities to 1997 the: HousmgxCommisswn iiAnne Arundel County (HCAAC) in•Maryland saw an opportumty:to use some of these tools ivhen it apps ed for and'received200 HCVs targeted to_peopte with disabilities At that time they were actively; evorking with tivo non prom disability organizations m the community the• Arc of Anne• Arundel. County (serving; die a ith=men al retardat on) and„OMNI House (serving people with mental illness] These disability organizations_ ed to expand the hour ng options available to people w th disabilities in:the community and were interested in partnenng with HCAAC to. access these'new targeted vouchers Through this partnership the Arc OMNI House and' HCfSAC have;warkd together to'eFfedrvely utrt¢e these', targeted vouchers(as well as vouchers m HCAAC regular:, HCV, prograii) by emphasizing tile! iiexible use of the definition of "disabled household and leasing vouchers in housing owned by servicelproviders The success of this par nership has encouraged HCAAC to pursue partnerships' withother disability service providers in the community -. O• ne<of thekey* zngredcents 6:,,.,,::,•'::;:.:' .,•,!,,1:..r:::v':,,:.-,::1:-•• his r.':•.: :I:: tti:.aH-.t-:'::.:i:.:„::.:v,::'':: ::.jeis HCAACsIab'lity to use•its discretionary!authonty '1'::':..::::","::1':::1establish HCV:::'::;'::i'l•i'f,::' policies that -facilitate use of vouche s by people with disabilities. For example. HCAAC amended its Sect on & Administrative ,Plan to permit two or more, unrelated people. with disabilities Itvmg'togetherto :be considered. a household.' to :this s tuation, the household shares one voucher (assigned to a designated:Head of Household) and,the number of:people in flue household determines the voucher unit<size Each adult has a. separate bedroom• and additional bedrooms can<be'requested-for•any: overnight support staff that'may be necessary There is usua(Iv one` lease with.the owner with every adult tenant's name on 't; In thissituation,'the subsidy`and total -tenant payment is: calculated_ based on the:totali household income Oniy •one eldery/disabiIity deductionFis allowed`.per family: thus even:though there is morethan-one pe sonwith a disability living in thevnitthe deduction only applies once The:. program has-been•very successful, according to • HCAAC There fire. currently 246 disabled households usmgi HCVs:administered':by. HCAAC (including -a oth HCVs set aside for people; with disabilities and -regular vouchers):; '.These:households:include:620 adults with disab lities. This indicates how: successful the::model has' been in providing housing; for the:greatest:numberof individuals w th disabilities. Also; there.:have been:no:cvictions to date as apart of` this:program:. continirrd on nextpage.. Strategies to Help People with Disabilities Be Successful in the Housing Choice Voucher Program Page 7 Cr • • If the PHA's current applicable payment standard is below 110 percent of the Fair Market Rent (FMR), the PHA may make its own determination about the request and increase the payment standard up to 110 percent of the FMR on a case-by-case basis. However, if the payment standard is already at or above 110 percent of the FMR, the PHA should pass exception payment standard requests on to HUD for review. It is important to note that recently HUD has approved exception payment st,ndards over 120 percent of the FMR as a reasonable accommodation for a person with a disability. HUD Field Offices have the authority to grant requests for exception payment standards between 110 and 120 percent of the FMR as a reasonable accommodation. HUD Headquarters has the authority to grant those requests over 120 percent of the FMR. Examples of How to.Use Housing Choice Vouchers in Special HousingrEtirr Types', PHAs"mav allow Hous nti "choice Vouchers to -be usedtin certain :non traditional trying situations that HUD regulaftoru refer:to as special housing types Mary individuals w th d sabiities currently reside in these types of housing'situation§ andlor may prefer to share housing rather than live atone "To meet the needs of people with_: disabtlties lit is important that PHAs establish HCV"polities that Include these housing settings In'faet acro dreg; to HUD regulations,, PHAs enlist permit the 'use of any special `housing type tf needed as a reasonati)e accommodation for a personjwith d sab blies. PHAs that might.,consrder allowing vouchers to be used mthese special housing types sarrieumes are not famili77.7y:7;777777:77777:777 :77,7::7777;:7:7777 ar with Nie mtr canes df vanaus shared !housing models Fol example in some::group homes the cost of food is ncfudedt m the rent but could not #be tncfuded for HCV purposes Itis tnportant for PHAs and disability deg anizations to work together to determine the i tenant s share of the rent andHca lcutare the appropriate subsidy: amount Single Room Occupancy Units A Srrigie Room Occupancy u: is a unit within a 6mfding th?Ciripyi.have a shared kitchen and bathroom facilities is For HCV purposes' SROs are occupied only by Dile individual and are usually found in room ng houses or renovated:: hotels. According to -the HCV special housing'type regulations a PHA can allow a HCV household to use the. voucher to rent a:.SRO unit: f it rs of.good.quatity and meets HCV affordab Iity.standards For SRO housing PHAs areinstructe' to,use a payment standard equal to 75 percerrtof the studiofefficiency payment standard.;>. In some cities across the nation there. are people: with disabilities currently residing m SRO units who are eligible. for; the: NCV program : Although not�all SRO oroperhes:will be able tcrmeet HCV guidelines PHAs should permit> HCVs to be used inapprovabie SRO. housing as a reasonable: accommodation for people witfiidisabilrties } Group;Homes A HCV,may aiso>be used in a group • bome. According to; HUD For.: the purposes of the{HCV program a group: home: must tier licensed, certified. orcotherwise approved by: the State.; las a( facility for elder' persons or persons;: with :disabiIitles,"' With the exception of live-in aidesall residents of the.group home: (whether:rdceiving HCV° asslstai*e or, not) mustibe:elderllyorpeople :WW ldisabilities and must:not` require continual-medicai'ornursmgcare:: (this doesl•not..include :supportive: services ands personal:care-servicesprovidext iir:the group home). Also: no.more. than 12.'people:tota1(includingany,live-in aides) may, reside: in -ugroup home:.. continued on nevi pageis Strategies to Help People with Disabilities Be Successful in cine Housing Choice Voucher Program Page 13 • • • . i continued Irom prevrous page . PHAs are often: unsure.whether each;' person in: the::group home must have their own vouch......................... one; voucher can be _used for the entire group home '-',..:.:130th of these approaches are actually permissible according to HUDjs•rules. However if: alt the residents of the group home will share one voucher they; will•be considered a: disabled household as discussed on page 5 If a voucher'is given to an ind vidual m a group home tht family, unitssae is..zero a one -bedroom (unless the individual has a live-in aide) depending on; he PHAs-unit size: policies' To determine the portion oFthe rent.'for the group home that is attributable to. the voucher holder •first, ;the PHA EniiiSt divide`the rent for"the group home (intruding an allowance for any tenon paid utilities) by the number of residents -iii order to determine the prorated rental amoun•t Then the PHA can set the payment; standard as;thellesscr of the (1) PI-tAs actual payment standard fora zero or•one bedroomAinit or (2)' the pro -i rata portion of the rent. Congregate Housing Congr ga housing is also considered a special housing,type under the HCV rules HUD:'defines congregate` haus ng as shared housing arrangements: for.,people wth disabilities and/or elderly people (mdudmg any? needed Iroe m aides) •Unlike group: homes there is no requirement that congregate housing be Iicensed or< certilted in anyway Unlicensed group homes!or boardiand care homes are ypcal examples of congreg8te. housing :; Shared Housing For a Family rend ng in congregate housing a PH& must :use•the zero bedroom: payment standard unless there: are two or more rooms n the unit (not including the kitchen or bathroom) iii which case t• he onebedroom# payment standard isused - F [n addition to :the housing situations described above PHAs may aIIow HCV program participants tQ have a •roommate m their housing referred to as shared housing including a live -m aide another person w th a } HCV =or a person without any rental assistance 'For exams e, a person with a dlsabiluy could receive a voucher and;share'a .two bedroom apartment with a roommate i++ho does not have a .voucher Another exampleof shared housing could include two people with separate vouchers sharing a two bedroom unit In the sha.i.,-......j;:',: ed ousrtuaton E:ithe PHA calculates a proii nto portion or the housing costs to determine the: actual rent for the voucher holder and uses thisyfigure when determining the•subsidy amount o be j a d by the PHA PHAs must approve a higher utility allowance if requested as a reasonable accommodation (24 CFR 982.517). For example, a household in which a family member uses extensive medical equipment — such as lifts or monitors — may make a request for an increase in the electricity allowance. Such requests can and should be approved by the PHA. PHAs must approve the leasing of a unit from a relative if needed as a reasonable accommodation (24 CFR 982.306(d)). There are numerous situations in which a person with a disability may need to lease a unit from a relative as an accommodation. A person with a disability may be receiving supports — such as assistance with shopping, meal preparation or other tasks — from a relative chat can be best provided if the individual is living with or near the relative. Strategies to Help People with Disabilities Be Successful in the Housing Choice Voucher Program Page 14 Alternatively, a person with a disability may have resided in a unit owned by a relative for an extensive period prior co receiving the voucher and may be able to document that a move to another unit would be very difficult for them. A person with a physical disability may be able rent a unit from a relative if the unit has needed accessibility features. L�. PHAs must permit vouchers to be used in special housing types such as Single Room Occupancy (SRO) units, shared housing, group homes, congregate housing and assisted living (24 CFR 982 Part M Special Housing Types and PIH Notice 2000-41). While many people with disabilities prefer co live alone, some people with disabilities still live in shared housing settings such as group homes, SROs, shared housing, and congregate housing. These settings often involve roommates, or housing situations with shared kitchens, common areas, or bathrooms. Sometimes there may be live-in staff. HUD has determined that PHAs must allow vouchers to be used in these settings. Some PHAs worry about the paperwork associated with special housing types. Using vouchers in these situations and determining the appropriate total tenant payment and subsidy amount can be confusing However, permitting participants to lease in special housing types can often be beneficial to PHAs since: People with disabilities in these living situations may already have a voucher; eta.. People with disabilities in these living situations may be interested in leasing in place; wa• The housing is often of good quality; and a Supports are often already in place for people with disabilities who need and request them. Conducting outreach to eligible people with disabilities currently living in these special housing types may help the PHA utilize more vouchers. One way to identify special housing types in the community is through the disability and human services agencies discussed earlier. PHAs must provide information on how to complete and file a housing discrimination complaint (24 CFR 982.304). People with disabilities often face discrimination in the housing marketplace, yet they may be reluctant co file complaints. PHAs are required to inform all HCV households about their rights under the federal fair housing laws; teach them how to identify discrimination; and instruct them on how to file a discrimination complaint. Q.! HUD has determined (PIH Notice 2000-28) that PHAs are entitled to a one-time "Hard -to -House" fee for assisting people with disabilities to locate housing with a HCV program voucher. Strategies to Help People with Disabilities Be Successful in the Housing Choice Voucher Program Page 15 • • Chapter 2 A Guide to Fair Housing And Reasonable Accommodation in the Housing Choice Voucher Program Introduction c` easonable accommodation" is the key to providing fair housing opportunities for people with disabilities. It embodies the law's requirement that housing providers must sometimes change a policy or procedure so that people with disabilities have equal access to housing opportunities. This chapter explains how Public Housing Agencies (PHAs) can meet their reasonable accommodation obligations and create Housing Choice Voucher (HCV) program policies that meet the needs of people with disabilities. Specifically, chis chapter describes the federal fair housing laws that frame accommodation, provides examples of reasonable accommodations in HCV policies, and provides resources for obtaining additional information. Federal Fair Housing Laws Three federal laws protect the housing rights of people with disabilities. These laws rely on the concept of reasonable accommodation as a vehicle for providing nondiscriminatory services to people with disabilities, and they all share the same definition of "disability." 1. Section 504 of the Rehabilitation Act2 Section 504 of the Rehabilitation Act of 1973 bars recipients of federal funds from discriminating on the basis of disability. PHAs are covered under this law because they receive funding from HUD. PHAs must follow Section 504 requirements in their HCV program and other housing programs. According to chis law, private owners who participate in the HCV program are barred from discriminating on the basis of disability under the contracts they sign with PHAs. Fair Housing Amendments Act of 1988' The Fair Housing Amendments Act applies to public and private housing providers alike — including PHAs. Under the Fair Housing Amendments Act, a housing provider is 'Section 504 of the Rehabilitation Act is codified at 29 U.S.C. §794, and HUD's implementing regulations can be found at 24 CFR Pan 3. 'The Fair Housing Amendments Act modified Tide VIII of the Civil Rights Act of 1968, which appears at 42 U.S.C. §3601. implementing regulations can be found at 24 CFR Part 14. *Strategies to Help People with Disabilities [3e Successful in the Housing Choice Voucher Program Page 19 • • • required to make reasonable accommodations in rules, policies, practices, or services, when such accommodations are necessary to afford such a person equal opportunity co use and enjoy a dwelling. 3. Americans with Disabilities Act of 1990' Tide II of the Americans with Disabilities Act (ADA) applies to all services provided by state and local governments. This law applies to PHAs that administer a HCV program. Tide III of the ADA covers public accommodations of all types, including facilities such as PHA rental offices, meeting rooms, childcare centers, and educational or vocational training programs. Private housing providers (including HCV owners) who provide such services and facilities, such as laundry rooms, are covered by this law and must make sure that common areas are accessible to tenants with disabilities. Housing Choice Voucher Program Owner Obligations It is important to note that all private owners of rental housing, including HCV owners, have specific obligations under the Fair Housing Act. In addition, HCV program regulations specifically require owners to comply with equal opportunity laws 5 In the Housing Assistance Payments contract executed between the owner and the PHA, the owner also agrees not co discriminate on the basis of disability. HCV owners therefore have very specific obligation CO provide reasonable accommodation to HCV participants who are disabled and need such accommodations to use and enjoy their housing. Examples of these types of accommodations might be waiving a "no pet" policy to allow a person with a disability to have an assistive animal or providing rent reminders if a disability causes a tenant to be forgetful. People Protected by the Federal Fair Housing Lan Mlle federal fair housing laws protect people whose physical or mental disabilities cause a substantial limitation of one or more major life activities. The term "substantial limitation" means more than a temporary impairment, such as a broken leg. Major life activities include walking, breathing, working, concentrating, and learning. It is important to note that this definition of disability as it applies to these laws is broader than the eligibility criteria for Supplemental Security Income (SSI). PI-IAs should not assume that only persons who receive SSI benefits are entitled to reasonable 'The ADA can be found at 42 U.S.C. S12131; regulations that implement the Act's prohibition of disability discrimination in state and local government services appear ac 28 CFR Parr 36. 24 CFR 982.452(b)(3). Strategies to Help People with Disabilities Be Successful in the Housing Choice Voucher Program Page 20 • • • accommodations. For example, a PHA must extend federal fair housing law prorections co people receiving other disability benefits such as Social Security Disability and co elderly people with disabilities who receive retirement benefits. Reasonable Accommodation Areasonable accommodation is an action taken by a PHA or other housing provider. It is a change in rules, policies, practices, or services that may be necessary to provide a person with a disability an equal opportunity to obtain housing and co use and enjoy her home. Reasonable accommodations range from providing information in large print to people with sight impairments to allowing a HCV to be used in congregate housing or Group Homes. There is no list of required reasonable accommodations for PHAs. Each situation creates the opportunity for PHAs and HCV households co identify and eliminate disability -related barriers and to remove them. The provision of reasonable accommodation is a creative process that involves trial and error. Hence a PHA must be prepared co provide a new reasonable accommodation if the first one fails to serve its purpose. Of course, PHAs are not required to provide "unreasonable" accommodations An unreasonable accommodation is one that imposes an "undue financial and administrative burden" on the PHA or that would create a "fundamental alteration" in its programs or services 'Ari# undue burden" is an excessive financial or administrative burden relative to the' resources"'avail'bblelto the.housing,provider.6 Within this framework, a large PHA would be expected to provide more extensive accommodations than a small PHA with only a handful of HCV program vouchers. For example, a large PHA might be expected to have HCV application materials in Braille while a small PHA might be required to assist a visually impaired person with the application process. PIIAs also don't have to provide accommodations that would significantly change the services they provide, thereby creating a "fundamental alteration" of their program. -For example, a PHA must provide a larger voucher unit size for a person with a disability with a live-in aide. However, a PHA does not need CO help hire the live-in aide for the household. Such a service would be a fundamental alteration to the PHA's program, which is to provide housing. Finally, PHAs are not required co accommodate a person "whose tenancy would constitute a direct threat to the health or safety of ocher individuals or whose tenancy would result in substantial physical damage co the property of others.' If a PHA wants to deny rental assistance to an applicant or terminate a HCV household for these reasons, the PHA must be able to support the action with recent, credible, and objective evidence of the "direct threat."' " United States v. California Mobile Horne Park. 29 F.3d 1413, 1416-i7 (9' Cir. 1993). 42 U.S.C. §3602(h)(3), 3604(B(9). ' School Board of Nassau County v. Arline. 480 U.S. 273 (1987) 2 7 Strategies to Help People with Disabilities Be Successful in the Housing Choice Voucher Program Page 21 • —Chapter 4— • • Overview of the Supreme Court Olmstead Decision What is Olmstead? On June 22, 1999, the Supreme Court of the United States issued its decision in Olmstead v. L.C. This important lawsuit against the State of Georgia questioned the state's continued confinement of two individuals with disabilities after the state's hospital physicians had determined that they were ready to return to the community. The Olmstead decision affirmed that under the Americans with Disabilities Act (ADA), states may no longer confine people with disabilities unnecessarily in "restrictive settings" such as institutions or segregated facilities. As a result of the Olmstead decision, states are now exploring ways to incorporate the ADA "integration mandate" into their delivery of Medicaid and other state -funded services for people with disabilities in the United States who are ready to move from hospitals into the community or who are at risk of institutionalization. Although Olmstead is, in essence, a case about de -institutionalization, a key question central to Olmstead -planning efforts is "where will people with disabilities live?" As a result of the Olmstead decision, certain people currently living in "more restrictive settings" — such as public institutions and nursing homes — must now be offered housing and community-based supports that are consistent with the integration mandate of the ADA The needs of people with disabilities who are at risk of institutionalization must also be addressed. It is clear that comprehensive Olmstead planning activities should consider the availability of permanent, affordable, accessible, and integrated housing in the community. Who May Be Covered by the Olmstead Decision The U.S. General Accounting Office recently estimated chat as many as 4 million people with disabilities could be covered by the Olmstead decision, including the following groups: iw Adults with disabilities who are currently institutionalized, including people in state facilities, nursing homes, or other restrictive settings; Adults with disabilities at risk of institutionalization, including those in restrictive community settings, people living at home with aging parents or living elsewhere in the community, and people on residential services waiting lists; Ce: Adults with disabilities who are homeless as a result of being de -institutionalized; and Frail elders at risk of institutionalization, as well as institutionalized elders who could live in the community with appropriate housing and supports. Strategies to Help People with Disabilities Be Successful in the Housing Choice Voucher Program Page33 The Relationship Between Olmstead and Affordable Housing Rdesearchers and practitioners have demonstrated repeatedly that people with severe isabilicies living in institutions can live successfully in the community. To succeed, they need decent, safe, and affordable housing, as well as access to the supports and services they want and need to live as independently as possible. Unfortunately, people with disabilities are disproportionately poor — particularly those individuals who must rely on Supplemental Security Income (SSI) benefits. On average, in 2000, people with disabilities receiving SSI had CO spend over 98 percent of their monthly income to be able to afford a modest one -bedroom apartment at the Fair Market Rent. For low-income people with disabilities, affordable housing means subsidized housing that is either developed or rented through government housing resources — such as Housing Choice Vouchers; McKinney/Vento Homeless Assistance programs; HOlvIE and Community Development Block Grant (CDBG) programs; etc. — controlled by state and local housing officials. Partnerships between these housing officials and .state officials involved in Olmstead planning are critical to ensure that people affected by the Olmstead decision have access to safe, decent, and affordable housing. Without this linkage, people with disabilities may continue to be inappropriately housed in "restrictive settings;" may be homeless due to inadequate discharge planning from these settings; may be living in substandard or unsafe housing; or may remain homeless or living at risk of homelessness in the community. Find Out More About Olmstead Planning Activities in Each State Since housing plays such a critical role in Olmstead planning, it is important that Public Housing Agencies (PHAs) and other housing officials be actively involved in Olmstead planning activities. Many states have received federal grants to help fund planning activities and help foster collaborations between the housing and service delivery systems. PHAs in 11 states have received special HCVs through Project Access that have to be used to meet the housing needs of people affected by the Olmstead decision. A list of the specific PHAs with these vouchers is provided. Strategies to Help People with Disabilities Be Successful in the Housing Choice Voucher Program Page 34 Project Access Sfiate ... Pr iiEc ifrnutng3genrirs .. ... VGSlShCt88 CO Colorado Department of Human Services, Supportive Housing and Homeless Program 40 FL Miami -Dade Housing Agencv 10 MI 1 Michigan State Housing Development Authority 40 NH New Hampshire Housing Finance Authority 50 NJ New Jersey Department of Community Affairs. Division of Housing and Community Resources 40 NM Albuquerque Housing Services 40 OK Oklahoma City Housing Authority 25 OR Portland Housing Authority 20 PA Housing Authorities of Dauphin, Lehigh, Cumberland, Schuylkill counties and 50 TX Texas Department of Housing and Community Affairs 35 WA 1 Housing Authorities of King County and Thurston County 50 Total 400 Strategies to Help People with Disabilities Be Successful in the Housing Choice Voucher Program Page 34 • • • Examples of Ways to Link Affordable Housing Resources to People Affected by Olmstead Solving the housing crisis facing those people with disabilities affected by Olmstead will require a combination of creativity, commitment, and collaboration on the part of both the human service delivery system — made up of those state and local agencies providing supports co people with disabilities — as well as the affordable housing delivery system — including PI-IAs, HUD, and state and local housing officials. Working together, these partners can develop strategies to link mainstream affordable housing resources to supportive services enabling people with disabilities co live independently in the community. Creative collaborations can lead to not only more cost effective delivery of services, but also a more efficient and timely utilization of housing resources — such as HCVs. Some examples of ways PI-IAs and other housing officials can link affordable housing resources to people affected by Olmstead include: PHAs may create a preference for people with disabilities affected by the Olmstead decision. PHAs may allow HCVs to be used by people with disabilities in special housing situations such as group homes, congregate settings, or in roommate situations. This may include using vouchers in rental housing owned by social service agencies. Y°?• PHAs may use up to 20 percent of HCV funding to provide project -based assistance. Preference for project -based funding could be given to those agencies that propose co use the funding in housing units targeted to people with disabilities. • PHAs can work with state and local HOME administrators to link HCV project -based assistance with housing developed with HOME funds. Housing developed with HOME funds can be targeted to people with disabilities and/or co people leaving "restrictive settings." The HCV funding will provide the needed operating subsidy to make the housing affordable to people with incomes below 30 percent of median. Cve. HOME administrators can create a tenant -based rental assistance program targeted to people with disabilities affected by the Olmstead decision. PHAs and local and state government officials can work together with disability providers to submit an application to HUD for McKinney/Vento Shelter Plus Care funding. The proposed project could be targeted to people with disabilities who are homeless and at risk of institutionalization. Strategies to Help People with Disabilities Be Successful in the Housing Choice Voucher Program Page 35 •JAMES E. CROUCH WILLIAM M. CLARK, JR. CHARLES L. HARWELL R. JEFFREY REYNERSON MARCUS W. VAN PELT CHRIS R. REED t CYPERT, CROUCH, CLARK & HARWELL ATTORNEYS AT LAW 111 HOLCOMB STREET P.O. Box 1400 SPRINGDALE, ARKANSAS 72765-1400 TELEPHONE (479) 751-5222 TELECOPIER (479) 751-5777 ccchlawCsbcglobal. net ▪ ALSO LICENSED IN VIRGINIA ▪ LL.M. IN AGRICULTURAL LAW Y LL.M. IN TAXATION August 19, 2002 Janet Richardson, Chairperson Board of Commissioners 712 North Green Valley Avenue Fayetteville, AR 72703 Re: Lifestyles, Inc. Issues SENIOR COUNSEL JAMES D. CYPERT OP COUNSEL STANLEY W. LUDWIG Dear Ms. Richardson: You have asked me to look at the issue of whether the FHA should reconsider its policy to accommodate people with disabilities who • are seeking to live in public or Section 8 housing in a "roommate" situation. As I understand it, the current policy of the FHA is to rent only to families who are related by marriage, blood, or adoption. The regulations give the local PHA the authority to establish reasonable policies for selection of "otherwise eligible applicants". See 24 CFR §960.204. Accordingly, I do not find your requirement that persons applying for either public or Section 8 housing to be related by blood, marriage, or adoption to be unreasonable as it relates to the general population. (I understand that such policies may have been successfully challenged in other parts of the country.) However, Congress has sought to insure that handicapped individuals are not discriminated against and in some instances are, in fact, preferred. Congress passed the Rehabilitation Act of 1973, in part, to insure nondiscrimination based on handicaps. This applies to all applicants for and recipients of HUD assistance in the operation of programs or activities receiving such assistance. See 24 CFR §8.2. (You have not asked me to look at the issue of what is considered a handicap, but that is defined in 24 CFR 58.3, and it certainly would appear, from what I know about the persons served by Lifestyles, that they would be considered handicapped.) Generally, this Act prohibits • discrimination based solely on handicaps. See 24 CFR 58.4. In general, it requires that PHAs make reasonable accommodations for Cyperr, Crouch, Clark and Harwell •August 19, 2002 Page 2 persons with handicaps, unless the PHA can demonstrate that the accommodation would impose an undue hardship on the operation of its program. In determining whether an accommodation would impose an undue hardship factors that can be considered include the overall size of your program; budget; number and type of facilities; the type of operation; the nature and cost of the accommodation. I think that these hardship factors generally contemplate the issue of costly changes to the facilities of a PHA as opposed to policy matters. Another Act which prohibits discrimination in public housing is the Fair Housing Amendment Act of 1988. See 24 CFR §100 et seq. Generally, it has the same requirements as the rehabilitation act referred to above. Finally, the Americans with Disability Act also prohibits discrimination among persons with disabilities. While it has a broader sweep, it, of course, also applies to public housing. Again, it provides for reasonable accommodation. Thus, it might seem that the issue before us is whether or not the • FHA is required to make a "reasonable accommodation" by allowing unrelated persons to live together. However, I do not think that analysis is even necessary. I believe that the regulations, themselves, by their definitions, allow, and indeed require this kind of accommodation. As I understand your Section 8 program, it is a "tenant -based program". Under 24 CFR §982.201 which deals with tenant based Section 8 programs, in order to be eligible for admission to a Section 8 program, the applicant must be a "family". Under that section, a family is defined as follows: "(3) a group of persons consisting of two or more elderly persons or disabled persons living together, or one or more elderly or disabled persons living with one or more live-in aides is a family. The HA determines if any other group of persons qualifies as a'`family'." It is true that the definition does not indicate whether or not the "disabled persons living together" may be unrelated, but I think that is the only reasonable explanation that you can give to this definition. It appears to me that this is also required of the FHA as it relates to applicants to public housing. 24 CFR §5 et seq. deals with general HUD program requirements. Under definitions at 24 CFR 5.403, a family is defined as including a "disabled family" and a '1 Cypert, Crouch, Clark and Harwell • August 19, 2002 Page 3 gns disabled family is defined as follows: "Disabled family means a family whose head, spouse, or sole member is a person with disabilities. It may include two or more persons with disabilities living together, or one or more persons with disabilities with one or more live-in aides." The income of the live-in aide is not included in the annual income for purposes of determining the tenant's rent. See 24 CFR §5.609(c)(5). Therefore, there is certainly a potential for fraud and abuse. At 24 CFR §5.403, a live-in aide is defined as follows: "Live-in aide means a person who resides with one or more elderly persons or near elderly persons, or persons with disabilities, and who: (1) is determined to be essential to the care and well-being of the person; (2) is not obligated for the support of the person; and (3) would not be living in the unit except to provide the necessary support of services." • This, therefore, in theory, may cut out some "significant others" from moving in under the guise of being live-in aides; however, in practice, I am sure it will be difficult to discern who is truly a "live-in aide". Perhaps, Bromo and Fredia have manuals that provide them with appropriate questionnaires. At any rate, the bottom line is that I do not think the Fayetteville Housing Authority has any discretion, at least as it relates to status, to keep two unrelated handicapped persons from being eligible for public housing or Section 8 housing. I also need to mention something that was referenced in Carol Hart's letter. She mentioned "special housing types". HUD has a program for special house types, which include single room occupancy housing, congregate housing, group homes, shared housing, and manufactured homes. See 24 CFR §982.601 et seq. As I understand it, a PHA is not required to but may permit a family to use those kinds of special housing types. However, the PHA may be required to allow those kinds of special housing types if it is needed as a reasonable accommodation to accommodate persons with disabilities. See 24 CFR §982.601 (b)(3). I think that this would not normally be necessary where you could otherwise accommodate disabled persons, and it seems reasonable that this would only come up if an organization such as Lifestyles brought tenants to you with a proposal such as this. If it does come up, then the FHA will have to deal with it on a case by case basis. • Cypert, Crouch, Clark and Harwell • August 19, 2002 Page 4 Let me give this caveat. The federal regulations dealing with public housing are quite involved and tedious. It is like putting together a 2000 piece puzzle without a picture of the puzzle. Accordingly, if Bromo or Fredia reference some other regulation which they think modifies this opinion, then I certainly would welcome the opportunity to look at it, as I admire their knowledge of these regulations. However, I am pretty confident that this is the law. I have not, though, researched the federal case law because it appears to me, after extensive research in the regulations, that this is plainly required. Finally, I want to confirmthat yo s and I nvodiedussedhthe fact Lifestyles. Harwell, my partner, Obviously, this presents a potential for conflict. while he has performed legal functions for Lifestyles in the past, his role has been basically one as a volunteer, and he advises me that the letter signed by Carol Hart was all her own research and drafting and that he had no input into the contents of the letter. I have tried to be as objective as possible in rend ering me know. opinion. Should you have further questions, please let Kindest regards. JEC/tv Sincerely, CYPERT, CROUCH, CLARK & HARWELL James E. Crouch • •LI FE STYLES Together,The Dream Continues March 18, 2002 Janet Richardson, Chairman of the Board Fayetteville Housing Authority Fayetteville, AR 72701 Dear Ms. Richardson and Members of the Fayetteville Housing Authority Board of Commissioners, Since 1976 Life Styles, Inc. has provided the assistance and support necessary for adults with developmental disabilities to be full participants in the life of the communities in Northwest Arkansas. From the very beginning we worked with the Fayetteville Housing Authority to make affordable housing an option for individuals as they moved from Life Styles into their own homes in Fayetteville. While we appreciate the support we received from the Fayetteville Housing Authority in the past, we believe that certain local rulings are making it more and more difficult for individuals with developmental disabilities to live in their own community. We therefore ask on behalf of individuals with developmental disabilities that the Fayetteville Housing Authority 1)allow non -related roommates to share a unit and qualify for rental assistance, and, 2)increase the number of rental assistance vouchers available. Allowance for Non -related Roommates Many individuals with disabilities served by Life Styles share duplexes or apartments. The security, companionship, support and cost-sharing make this a safer, more feasible option for many individuals. Yet, Fayetteville Housing Authority continues to disqualify people from Section 8 Rental Assistance if non -related individuals share an apartment. Having administered our own Section 8 program in the residential program, we know that keeping individual accounts is possible and easily done. Each person is considered their own household with finances kept separate and rent calculated individually. Each person has their own bedroom and pays their own part of the living expenses. Because of the limited access to Fayetteville Housing Authority's Section 8 assistance, in 1998, Life Styles applied for and was approved to administer a Tenant Based Rental Assistance (TBRA) Program. The rules of Arkansas' TBRA Program limit eligibility to two years making this assistance unsuitable for long term housing for individuals with disabilities. Some individuals have been able to use TBRA and then qualify for vouchers through FHA. However, many individuals with disabilities in our area do not qualify for FHA Section 8 because of the local rule disqualifying unrelated individuals living together. Need for Voucher Increase Despite 39 I% increase in population in Washington County, and a 37.9% growth in Fayetteville in the last 10 years. FHA has not applied for an increase in vouchers during this P.O. BOX 1114 / FAYETTEVILLE, AR. 72702 / 501-521-3581 1 a • • • growth and in fact, has not increased Section 8 vouches in over 16 years. As of February 2002, Fayetteville Housing Authority(FHA) has 325 households waiting 12 months to receive rental assistance. Funds through HUD have been available to accommodate this growth but FHA has consistently chosen not to apply for an increase. We anticipate an increasing need for rental assistance. While the waiting list for Public Housing units is much shorter, 2-4 months, for many . individuals that we serve, that is not an option. Access to public transportation, proximity to services, and vulnerability to social situations make living at these units often unfeasible. We believe that people with disabilities need and have a right to be full participants of our community. Our mission at Life Styles is to support and assist individuals to make that possible. We believe that by living and working in our community, not only does the individual benefit by being a good neighbor, co-worker or friend but our community benefits as well by seeing the capabilities of the individual. We urge the Board and staff of Fayetteville Housing Authority to acknowledge this need and support individuals with disabilities to live in our community. 1 request the opportunity to be present at your next board meeting, meet with FHA staff and do whatever is necessary to make these changes. 1 will call you during the next week to see what we can do to make affordable housing a realistic and positive option for persons with developmental disabilities. Thank you for your attention to this important issue. I look forward to working with the Fayetteville Housing Authority Board. Sincerely, / / �tL TC (CULCCC w' Carol Hart Executive Director Cc: Members of Fayetteville I -lousing Authority Board of Commissioners Members of Life Styles Board of Directors: Charlie Harwell, Darin Gray, Hugh Higginbotham, Blair Johanson Bromo Wilson. Director of Fayetteville Housing Authority WE- • Carol Hart Executive Director Lifestyles, Inc. P.O. Box 1141 Fayetteville, AR 72702 July 24, 2002 Dear Carol, At its reularly scheduled meeeing on July 17, the Fayetteville Housing Authority Board of Commissioners voted to retain the requirement that persons applying for Section 8 Housing must be related by blood, marriage or adoption. Although there was a sincere desire to make public housing more accessible to Lifestyles clients, it was determined that this could not be done without the Housing Authority's being rendered liable to possible discrimination suits by making an eligibility exception for one group --developmentally disabled individuals -- and not others. The Board feels that dispensing with the family requirement would create administrative problems that the Authority is • not able to deal with at this time. On the issue of availability of Section 8 housing and the length of the waiting list, it is conceded that the waiting period is long and that the number of units available has not increased over the past several years. However, this seeems due to the method of calculating need being done on a national level rather than the FHA staffs failure to apply for new vouchers. The recommendation of the Board was that Lifestyles clients be encouraged to apply at Hillcrest Towers, as supportive resources exist within that living community and a modest transportation system is being provided through the City. Although this is the status of your request for now, please keep in mind the possibility of change in the coming months or years If someone were to come up with a plan to serve Lifestyles clients better by permitting unrelated persons to ocupy Section 8 Housing, while still allowing the Fayetteville Housing Authority to function effectively and without discrmination liablility, then the Board would cetainly be willing to take a closer look at such a proposal. Thank you for bringing this • request to the Board. We continue to hold your program, staff and board • • • members in high regard. Sincerely, SL--- or -i -t -e -i 17J ays-rieb--, Janet Richardson, Chairperson Fayetteville Housing Auhority Board of Commissioners / CC: Bromo Wilson, Executive Director, FHA Board members Christine Chilress, Charles Clinehens, Pat Watson, Gary Garton