Transcript Slide 1
Slide #1 © Copyright 2008 McKay & Associates © Copyright 2008 NanNan McKay & Associates Reasonable Accommodation for Public Housing Managers NMA Trainer: Emily Wilcox Slide #2 © Copyright 2008 Nan McKay & Associates Reasonable Accommodation for PH Managers Slide #3 © Copyright 2008 Nan McKay & Associates We Will Cover… Resources, applicable laws, PIH Notices Best practices: processes, forms, reporting HUD civil rights review documents/VCAs HUD’s New Freedom Initiative Reasonable accommodation • Hot topics and approaches Slide #4 © Copyright 2008 Nan McKay & Associates Section 504 - 24 CFR Part 8 8.1 Purpose. (a) The purpose of this part is to effectuate section 504 of the Rehabilitation Act of 1973…to the end that no otherwise qualified individual with handicaps in the United States shall, solely by reason of his or her handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance from the Department of Housing and Urban Development. Equally effective housing opportunities Slide #5 © Copyright 2008 Nan McKay & Associates Section 504 – 24 CFR Part 8 Applies to recipients of federal dollars • • • • • • • • Program access 504 Coordinator Transition plans Notice of non-discrimination Effective communication Grievance procedures Reasonable accommodation Physical accessibility standards - UFAS Slide #6 © Copyright 2008 Nan McKay & Associates Section 504 Obligation to administer the program in the most integrated setting appropriate • Better that a person with a hearing impairment participates in general tenant meetings with a sign language interpreter than to talk with the person individually • Accessible units throughout your properties – not segregated in one or two buildings Slide #7 © Copyright 2008 Nan McKay & Associates Section 504 PHAs administering public housing will incur costs to fully comply with the law • Modifications to a unit for a person with a physical disability • Costs for communication assistance In HCV, neither PHA nor private landlord is obligated to pay for modifications to a unit Slide #8 © Copyright 2008 Nan McKay & Associates Section 504 If a PHA employs fifteen (15) or more people it must have a designated employee to coordinate compliance with Section 504 and… • PHA must adopt grievance procedures that incorporate due process standards to provide for resolution of complaints (24 CFR § 8.53) Slide #9 © Copyright 2008 Nan McKay & Associates ROLE OF 504 COORDINATOR Slide #10 © Copyright 2008 Nan McKay & Associates ROLE OF 504 COORDINATOR Reporting, data collection The “decider” with “grey area” reasonable accommodation decisions Educates staff about front line “black and white” reasonable accommodation decisions Confidentiality, resources, big picture PHA understanding (money) Slide #11 © Copyright 2008 Nan McKay & Associates Forms PHA creates or adopts standardized forms Get away from the doctor’s note* • Letters to grant AND deny - communicates • Ask the same questions of everyone • NOTE: PHA must still give consideration to requests for reasonable accommodation if requester makes the request orally or doesn’t use PHA’s preferred forms or procedures Slide #12 © Copyright 2008 Nan McKay & Associates PHA Process Best Practice Idea TWO TYPES OF REPORTING: (1) All accommodation requests that are granted and denied (obvious) are reported (2) All accommodation requests in which you need assistance with final decision Slide #13 © Copyright 2008 Nan McKay & Associates Mini-Procedural List PHA should have written procedures: • Time periods for decision and implementation • Right of appeal/hearing processes • Handling confidential information What is a “need to know” basis What happens when medical records or detailed disability information is received by the PHA? Slide #14 © Copyright 2008 Nan McKay & Associates Discrimination under the Fair Housing Act No person shall be subjected to discrimination because of • race, color, religion, sex, handicap, familial status or national origin • in the sale, rental or advertising of dwellings, in the provision of brokerage services in or in the availability of residential real estate-related transactions. 24 CFR 100.5 Slide #15 © Copyright 2008 Nan McKay & Associates Chicago Commission on Human Relations Fair Housing Ordinance Because of his race, color, sex, gender identity, age, religion, disability, national origin, ancestry, sexual orientation, marital status, parental status, military discharge status or source of income in the terms, conditions, or privileges or the sale, rental or lease of any housing accommodation... Slide #16 © Copyright 2008 Nan McKay & Associates What is Discrimination? We will be treating people differently to be sure that we are not discriminating…! What is the barrier to housing? Slide #17 © Copyright 2008 Nan McKay & Associates Reaching Out Slide #18 © Copyright 2008 Nan McKay & Associates What is Discrimination? Under the FHA, discrimination is when PHAs: • Are neutral or do nothing proactive to further fair housing opportunities in your community • Are passive about housing needs in the community – NEED FOR ACCESSIBLE HOUSING NOT ADDRESSED BY PHA • Treat people with disabilities the same instead of giving equal access – proactive steps to remove barriers Slide #19 © Copyright 2008 Nan McKay & Associates Open to Change Reach out to advocates: • Powerful words: “We want your help.” Ask others/ask yourself: • How can we do better? • You are a business • Approach your work with the nonprofit community on the offensive – don’t wait for a lawsuit! Slide #20 © Copyright 2008 Nan McKay & Associates PIH Notice 2006-13 “Additionally, to ensure continued compliance with Section 504 and Title II of the ADA, PHAs are encouraged to conduct needs assessments and self-evaluations, at least yearly, working with persons/residents with disabilities and local advocacy groups for persons with disabilities.” Page 2 Slide #21 © Copyright 2008 Nan McKay & Associates Google It - WHO Domestic Violence Service Providers Fair Housing council Legal Aid Disability rights organizations Nonprofits/faith based groups who work with particular immigrant communities Nursing homes/rehab centers/mental health institutions Slide #22 © Copyright 2008 Nan McKay & Associates Steal, Cheat and Use Has your neighbor PHA developed RA forms? Recent audits in your jurisdiction? • Ask your field office Has your neighbor PHA contacted Legal Aid? Slide #23 © Copyright 2008 Nan McKay & Associates After You Meet… Follow-up with a thank-you (even if there is not going to be a partnership) Can you “formalize” an agreement? Learn: What perceptions did the groups have of the PHA? How can those interactions be brought to your Board, Exec Dir? Trust and accountability with the community Slide #24 © Copyright 2008 Nan McKay & Associates The Advocate Who Loves Advocating You have the same goals to keep folks housed… • Do you have suggestions/ideas about how to prevent this situation in the future? • Do you have sample language you’d prefer? • What is your ideal solution to this situation? • Did you know that our HUD regs require…? Slide #25 © Copyright 2008 Nan McKay & Associates Notice How and when do you share reasonable accommodation information? • • • • Applications** (or Pre-Apps for Wait list) Annuals Termination notices Marketing materials (pictures) Slide #26 © Copyright 2008 Nan McKay & Associates PHA Obligation to Notify Must inform applicants and participants of right to request a reasonable accommodation • Forms, letters, posters, signs • FHEO will interview your staff and residents • “If you or anyone in your family is a person with disabilities, and you require a specific accommodation in order to fully utilize our programs and services, contact…” Slide #27 © Copyright 2008 Nan McKay & Associates Inviting FHEO for a Visit? Poor processing of RA transfers, modification work orders,. service animal requests, not enough accessible units No fair housing complaint process No Section 504 coordinator No PHA office building accessibility No reasonable accommodation procedures for staff/families No fair housing training for staff (including etiquette and interviewing) Poor confidentiality policies Slide #28 Fair Housing and Equal Opportunity (FHEO) © Copyright 2008 Nan McKay & Associates www.hud.gov/offices /fheo/library/index.cfm • VCAs • http://www.hud.gov/conte nt/releases/cuyahogavca. pdf Asset Manager Duties Slide #29 © Copyright 2008 Nan McKay & Associates Customer Service and Fair Housing Slide #30 © Copyright 2008 Nan McKay & Associates Customer Service and Fair Housing Complaints Can be filed with HUD, state/local human rights commission, state ct, federal ct • HUD has a duty to investigate and respond within 100 days Actions can be brought against a PHA by an individual, HUD, or DOJ Slide #31 © Copyright 2008 Nan McKay & Associates Attitudinal Barriers and Etiquette People have an instinct whether you are working with them or against them. “The tone is set in the first 7 seconds of any interaction that will determine tone for the remainder of conversation….” • Change the Way You See Everything Through Asset Based Thinking Slide #32 © Copyright 2008 Nan McKay & Associates Customer Service We are not responsible for people. We are responsible to people. We can not control people. We can control processes. 2 types of customers: • People are upset and PHA could have controlled or avoided situation, and • People are upset but it has nothing do with PHA or what PHA controls Slide #33 © Copyright 2008 Nan McKay & Associates Supervisory Goals for Reasonable Accommodation Training (reception, maintenance, management) • What to listen for/when do I refer – listening between the lines Waiting for “magic words” and perfect forms • Etiquette and support around tough issues such as mental illness and domestic violence • What if I do it wrong? Slide #34 © Copyright 2008 Nan McKay & Associates Request Starts Process Sometimes the need for accommodation presents itself through a complaint or noncompliance with family obligations • PHA to participant: “What can we do to help?” Slide #35 © Copyright 2008 Nan McKay & Associates Attitudinal Barriers and Etiquette LANGUAGE MATTERS - People with disabilities are people first • Not handicapped/disabled people (respect) Presume Competence Presume Ability • Approach working with people with disabilities as people with different abilities Slide #36 © Copyright 2008 Nan McKay & Associates Reasonable Accommodation Language - Samples www.hud.gov/local/pa/working/ph/2005reasonaccpo licysample.pdf San Antonio Housing Authority • www.saha.org/section%208/pdf/ReasonablAccommodation.pdf Boston Housing Authority • www.bostonhousing.org/detpages/hservices111.html City of Los Angeles Housing Authority • www.hacla.org/section8/home.htm Slide #37 © Copyright 2008 Nan McKay & Associates Websites DOJ • http://www.usdoj.gov/crt/housing/ Mental Health • www.bazelon.org/issues/housing/infosheets/13livein.htm Disability • http://www.hud.gov/offices/pih/programs/ph/rhiip/phguidebook.cfm • http://www.hud.gov/offices/fheo/disabilities/sect504faq.cfm Accessibility • http://www.fairhousingfirst.org • http://www.hud.gov/offices/fheo/disabilities/fhefhag.cfm • http://www.fairhousing.com/index.cfm Slide #38 © Copyright 2008 Nan McKay & Associates Disaster Planning http://www.fema.gov/oer/reference/ www.fema.gov/plan/prepare/specialplans.shtm www.disabilityinfo.gov/digovpublic/public/DisplayPage.do?parentFolderId=213 (disaster/fire/safety planning for persons with disabilities) Best Practice: Ask everyone if they will need any special assistance in case of emergency Slide #39 © Copyright 2008 Nan McKay & Associates PHA Civil Rights Monitoring Slide #40 © Copyright 2008 Nan McKay & Associates Civil Rights Review Forms 11/9/2006 & 3/1/2007 – Fed Reg Notices 6/13/2007 – Final civil rights review documents posted on www.hudclips.org • Joint effort by PIH and FHEO to increase oversight of fair housing issues Two checklists – attachment A & B Slide #41 © Copyright 2008 Nan McKay & Associates Attachment A – General FH Very broad criteria that is being examine: • (Part II) “Is there anything else that is related to civil rights or fair housing that should be noted…?” • Form suggests for PIH reviewers to gather information from “media reports” and “racial/ethnic tensions” complaints at developments Slide #42 © Copyright 2008 Nan McKay & Associates Attachment B Specific questions regarding: • • • • Section 504 coordinator Units meeting UFAS-accessibility standards Distribution of accessible units Reasonable accommodation policy/process Including how/when RA policy is given to applicants and residents Slide #43 © Copyright 2008 Nan McKay & Associates Attachment B Additional inquiry into (are you documenting this?): • Service animals/deposits • TTY/Alternative forms of communication • How many dwelling units has the PHA designated UFAS-accessible? • What is the distribution by bedroom size of the accessible dwelling units? Slide #44 © Copyright 2008 Nan McKay & Associates Attachment B Final question is very broad: • “What other rules or policies has the PHA implemented that affect persons with disabilities?” • Be prepared to show affirmative steps the PHA has taken to market to and support people with disabilities in the community Slide #45 © Copyright 2008 Nan McKay & Associates New Freedom Initiative Slide #46 © Copyright 2008 Nan McKay & Associates New Freedom Initiative Federal agencies/federally funded state programs: “Person-centered” planning & de-institutionalization Money Follows the Person dollar sources for PHAs HHS has implemented the “Money Follows the Person (MFP)” program with $1.75 billion over 5 years to build Medicaid programs for people with disabilities to transition from institutions to the community Slide #47 © Copyright 2008 Nan McKay & Associates PIH Letter 2007-01 PIH Letter (Issued May 2007) • Extended PIH 2006-21, reinstated PIH 2005-5 • Oct 2006/July 2007 HUD “strongly supports expanding accessible, affordable and integrated housing options…” • http://www.hud.gov/offices/fheo/disabilities/MFPRebalancingMemo.PDF • http://www.hud.gov/offices/pih/publications/medicareinitiative.pdf Slide #48 © Copyright 2008 Nan McKay & Associates Cuyahoga Metropolitan Housing Authority – July 2008 VCA explicitly includes New Freedom Initiative “In addition to creating accessible housing, the agreement makes CMHA an active coordinating agency in the ‘Money Follows the Person (MFP) Rebalancing Initiative’….” • http://www.hud.gov/news/release.cfm?content=pr08-112.cfm • http://www.hud.gov/content/releases/cuyahogavca.pdf Slide #49 © Copyright 2008 Nan McKay & Associates HUD References PIH Notices regarding disability laws: • Notice 2002-01-Section 504 and accessibility • Notice 2003-31- Fair Housing Act of 1988, Section 504, the ADA, Architectural Barriers Act. • Notice 2005-5 - New Freedom Initiative • 05/2004 and 03/2008- HUD and DOJ Joint Statement • Notice 2006-13 - Compliance with the ADA, Section 504, the Architectural Barriers Act of 1963, and the Fair Housing Act (Letter 2007-05) • PIH Notice 2008-20 – Live in aides/medical equipment Slide #50 © Copyright 2008 Nan McKay & Associates People with Disabilities and Reasonable Accommodation Slide #51 © Copyright 2008 Nan McKay & Associates Working with People with Disabilities Reminder: person is not required to disclose a disability (even if it’s obvious!) • And sometimes a person won’t until… Slide #52 © Copyright 2008 Nan McKay & Associates Fair Housing Act - Definitions Person with a disability (handicapped): 1.Has a physical or mental impairment which substantially limits one or more of such person’s major life activities; or 2.Has a record of having an impairment; or 3.Is regarded as having such an impairment Slide #53 © Copyright 2008 Nan McKay & Associates Excluded Under FHA Current drug users Pedophiles When alcohol use interferes with the rights of others A person with a disability that poses a direct threat or substantial risk of harm to others Slide #54 © Copyright 2008 Nan McKay & Associates Who Determines Disability Status “Well, I have depression…” “When my mother had her hip replacement…” This person is just saying this to avoid ___or his neighbor just got a _________ Slide #55 © Copyright 2008 Nan McKay & Associates What PHA Can Verify Can’t limit verification to only doctors Could be “professional competent to render the opinion and knowledgeable about the person’s situation” (HUD/DOJ Memo 2004) • Acupuncturist? Social worker? Therapist? • “Licensed professional?” or “Within the scope of professional competence?” • Fraud clause Slide #56 © Copyright 2008 Nan McKay & Associates Disability Definitions Your verification forms must reflect two different definitions • Meaning: different verification forms necessary for reasonable accommodation versus disability status for HUD program eligibility, comm service, rent calc deductions HUD 5.403 Definition is harder to meet Slide #57 © Copyright 2008 Nan McKay & Associates Request Starts Process Art of the Reasonable Accommodation Conversation: • Process may involve fluid negotiations on a case-by-case basis • PHA may offer alternative options • Document from the beginning Slide #58 © Copyright 2008 Nan McKay & Associates What the PHA Cannot Ask What’s wrong with you? How long have you had that? Is it serious? Who gave it to you? Slide #59 © Copyright 2008 Nan McKay & Associates What PHA Cannot Ask Do you have a disability? A family member? • Unless necessary to determine qualification for program or type of housing Nature or extent of disability (What kind of depression? How long have you had it?) Any question requiring waiver or discloser of medical condition or history Slide #60 © Copyright 2008 Nan McKay & Associates More on What Not to Ask PHA can’t require that a tenant be able to live independently • Can require family to be lease-compliant • And don’t have to throw common-sense health and safety concerns out the window – emergency contacts/disaster planning/mandatory reporting reqs Slide #61 © Copyright 2008 Nan McKay & Associates What PHA Can Ask Screen to meet obligations of tenancy: (1) paying the rent; (2) basic housekeeping requirements; (3) not interfering with quiet enjoyment of residents (4) complying with rules that are designed to promote health and safety Slide #62 © Copyright 2008 Nan McKay & Associates What the PHA Can Ask All relevant information • Verification • Give people the option of identifying as disabled for purposes of Preferences, special housing types, rent calc deductions, UFAS units, community service • *ALL HUD DEFINITION – 5.403 Slide #63 © Copyright 2008 Nan McKay & Associates Treat Each Case Individually Treat each case on individual merits Requestor’s choice accommodation should be carefully considered No legit reason for denial: floodgates will open (they will all want it) Slide #64 © Copyright 2008 Nan McKay & Associates Reasonable Accommodation Slide #65 © Copyright 2008 Nan McKay & Associates Process Process is as important as substance • Often as critical as making the “right” decision • Do applicants/participants feel heard? • Eventually make a decision with eyes wide open The framework must be there • However, flexibility is built into process Slide #66 © Copyright 2008 Nan McKay & Associates Short Version of RA 1. Was an accommodation requested? 2. Is this a person with a disability? 3. Nexus between disability and the specific request? • • Missing piece How are you asking for this information? 4. Is the request reasonable? Slide #67 © Copyright 2008 Nan McKay & Associates Consideration of Request Maria receives SSDI, she requests that she is moved from her unit near the elevator to a unit at the end of the hall where it is quieter. • PHA decision is:________? Slide #68 © Copyright 2008 Nan McKay & Associates Consideration of Request Carl is deaf and lives in assisted housing. He requests a live-in aide and a larger unit size so that the live-in aide may have a bedroom as a reasonable accommodation. • PHA decision:_____? Slide #69 © Copyright 2008 Nan McKay & Associates Consideration of Reasonableness Yan uses a wheelchair. Parking spaces were recently re-assigned after expansion of the parking lot in her development. Her new spot is much further from her unit. She requests a handicap parking spot. • PHA decision is______? Slide #70 © Copyright 2008 Nan McKay & Associates Consideration of Request Family is composed of: Mom and her 2 children. Her five-year old son has severe autism. Under the PHA policy a family of this composition qualifies for a 2-bedroom. Mom asks for a 3-bedroom because of her son’s disability. Reasonable? Slide #71 © Copyright 2008 Nan McKay & Associates Short Summary of Denial PHA can deny a request if request wasn’t made by or on behalf of a person with disabilities or No disability-related need (nexus) or It poses an undue financial and admin burden or It will fundamentally alter the nature of PH or Direct threat… Slide #72 © Copyright 2008 Nan McKay & Associates Reasonable Accommodation 1. What is the barrier to equal access or meaningful access to housing that this person is facing? 2. What kinds of accommodations will provide requestor with full use and enjoyment of the premises or program? 3. What accommodations will alleviate the effects of the disability on housing? Slide #73 © Copyright 2008 Nan McKay & Associates Determining Undue Burden Determination of undue burden made on caseby-case basis, looking at factors such as: • Cost – document cost analysis! • Financial resources of the PHA (overall) • Benefits that the accommodation would provide to the requester • Availability of alternative accommodations Slide #74 © Copyright 2008 Nan McKay & Associates Fundamental Change Fundamentally alters the nature of PHA work… • changes the primary purpose/benefit of a program • requesting supports outside housing services • • • • Take out my trash Is person requesting social services? Person requesting nonpayment of rent/no inspection? Removing a load bearing structure? Slide #75 © Copyright 2008 Nan McKay & Associates Requirement to Keep Confidential Legal Aid calls to talk about Mr. Jones’ denial of a reasonable accommodation request… • Do you have a release to talk with legal aid or another advocate? What is the scope of your release? Slide #76 © Copyright 2008 Nan McKay & Associates Live-In Aides PIH Notice 2008-20 Slide #77 © Copyright 2008 Nan McKay & Associates Live-In Aides Screening your aides Verify the need for an “aide” versus a “helper” Live-in Aide Criteria and Live-in Aide Housing Agreement Live-in aide signs addendum making clear: • Only for employment/no property interest in unit • Family is accountable for any lease violations by the live-in aide Slide #78 © Copyright 2008 Nan McKay & Associates Turnover of Accessible Units, Transfers, Needs Assessments Slide #79 © Copyright 2008 Nan McKay & Associates Turnover of Accessible Units PHAs shall adopt notification processes to be sure that information about the availability of accessible units reaches people with disabilities PHAs shall take steps to maximize the utilization of accessible units by eligible individuals whose disability requires the accessibility features of the unit Slide #80 © Copyright 2008 Nan McKay & Associates Section 504/24 CFR 8/ Set-Asides in Public Housing New construction and substantial rehabilitation in PH: • 5% of the units (or at least one unit) must be accessible for people with mobility impairments and • 2% of the units (or at least one unit) must be accessible for people with hearing or vision impairments. Slide #81 © Copyright 2008 Nan McKay & Associates Transfers If a resident needs a transfer due to a verified medical condition or for a reasonable accommodation, what priority does that person have on your move/transfer list? How many move/transfer offers will be given? Hierarchy of transfers set out in ACOP • Ex. Emergency transfers, priority admin transfers, family composition transfers Slide #82 © Copyright 2008 Nan McKay & Associates Pet or Service Animals? Slide #83 © Copyright 2008 Nan McKay & Associates Only Two Kinds of Animals in this World… Slide #84 © Copyright 2008 Nan McKay & Associates Wacky Wanda Slide #85 © Copyright 2008 Nan McKay & Associates Mini-Procedural List PHA should have written procedures: • • • • • • Notification of all applicants and participants – when? Standardized forms (live-in aide documentation) Training front line staff – such as reception staff PHA staff responsible for receiving request PHA staff who oversees and reviews verification Decision-making process Ex. Who determines if a RA is an undue administration and financial burden? How is this documented? Where? Slide #86 © Copyright 2008 Nan McKay & Associates Upcoming Lunch ‘n’ Learns… Denials and Terminations September 4 Reasonable Accommodation in the HCV Program September 5