Transcript Improving Housing Options for People with Co

Expanding the Availability
of Accessible Housing
SILC-NET Presents… A National
Teleconference & Webcast
Monday, August 11, 2008
3:00 PM – 4:30 PM EDT
Ann V. Denton and Sarah Andre
Advocates for Human Potential
[email protected]/[email protected]
Introduction
Four major sections:
1. Housing resources
2. Collaboration Strategies – Making the Poverty
Argument
3. Collaboration Strategies – It’s the Right Thing
to Do
4. Good Partners - Fostering Effective
Partnerships
Learning Objectives


Name major sources of federal or state housing funding
Identify effective collaboration strategies with state
agencies to expand housing resources for people with
disabilities

Select elements to include in your state plan regarding
housing

Identify relevant Federal and State housing systems


Recognize potential partners and their scope of
jurisdiction
Describe effective and inclusive planning opportunities
that are in sync with the direction set by your state
Expanding Resources – Where is
the money?


Federal money allocated using variety
of formulas and plans
In addition, States may have statefunded resources.
Expanding Resources – Where is
the Money?

HUD Resources:
– Consolidated Plan (ConPlan)
– Public Housing Authorities (PHAs)

Low Income Housing Tax Credits

Department of Agriculture:
– Single-family programs
– Multi-family Programs
HUD Funding through the
Consolidated Planning Process

Consolidated Plan - governs formula
allocations from HUD

Must have a three or five year plan


Request major changes to the ConPlan
when a new three or five year plan is
in the works
This plan MUST include public input
Consolidated Plan Programs

The HOME program

Community Development Block Grants

Emergency Shelter Grants

Housing Opportunities for People with AIDS

Housing Choice Vouchers for rural areas
(states only)
Today, we will focus on HOME.
HOME Investment Partnership
Program

Owner occupied housing assistance

Rental project assistance

Homebuyer assistance

Tenant based rental assistance

HOME funds available from the state AND
through units of local government
Owner Occupied Housing Assistance


Used to provide rehabilitation assistance
to households at or below 80% of
median family income.
This can be used to modify homes for
accessibility.
Tenant Based Rental Assistance
(TBRA)

Similar to Housing Choice Voucher
(HCV) program, only without the long
waiting lists

Funding limited to 24 months

Dollars can be used to “bridge” to HCV
HUD Funding – Working with Public
Housing Authorities (PHAs)



PHAs control bulk of resources HUD supplies
to communities for affordable housing
Housing Choice Voucher program (aka
Section 8) is targeted to people at the
lowest levels of income
Organization MUST operate their own
housing units, or operate a Housing Choice
Voucher program, or both.
Public Housing Authority Resources

Public Housing

Existing Section 8 HCV rent subsidies

New public housing resources – HOPE VI

New Section 8 HCV rent subsidies


Can use Section 8 HCV rent subsidies for
homeownership
Can use up to 20% of Section 8 for project
based rental assistance
Public Housing Authorities



Must seek input on their plans annually
Provide written comment and testimony to
PHA boards to make case for inclusion
Encourage them to
– apply for voluntary programs, such as
“mainstream housing vouchers” or to allow
the use of HCVs for home ownership
– Use local preferences to prioritize groups
Low Income Housing Tax Credits

Best resource for housing development

Hire an experienced tax credit consultant

Must be used for new construction,
rehabilitation, or acquisition and
rehabilitation
Low Income Housing Tax Credits –
Project Requirements

20 percent or more of the residential units in the
project are both rent restricted and occupied by
individuals whose income is 50 percent or less
of area median gross income
or

40 percent or more of the residential units in
the project are both rent restricted and
occupied by individuals whose income is 60
percent or less of area median gross income.
Low Income Housing Tax Credits –
Project Requirements, cont.



Properties receiving tax credits must remain
affordable for 30 years
Tax Credits are NOT targeted to people who
are homeless or any special needs groups.
Must hold annual hearings and public comment
periods for the Qualified Allocation Plan.
Department of Agriculture
Housing and Community Facilities Programs
Single Family Home Programs
– Direct 502 Loans
– Guaranteed 502 Loans Repair
– Rehabilitation Loans
Housing Preservation Grants
– Repairs and rehabilitation
– Only for towns with less than 20,000 in
population.
Department of Agriculture
Housing Programs, cont.
Multi-Family Housing
– Rural Rental Housing Loans (Section 515
housing).
– Guaranteed Rental Housing Loans
– Rental assistance
Questions?
Collaboration Strategies


Making the poverty argument is good
for CILs and their customers. CILS
can be good partners for affordable
housing organizations.
It is the right thing to do
Collaboration Strategies –
Making the “Poverty Argument”

Low Income households
– at or below 80% of area median family income
(AMFI). This is set annually, is scaled for household
size, and varies by community.

Very Low Income households
– at or below 50% of AMFI,

Extremely Low Income households
– at or below 30% of AMFI
Collaboration Strategies –
Making the “Poverty Argument”, cont.



Median income is the indicator most
government housing programs use to set
eligibility requirements
Most HUD programs are “set” to serve
households at 80% of median income
With incomes at 18.2% of median, SSI
recipients are one of the lowest-income groups
eligible for federal housing assistance.
Collaboration Strategies –
Making the “Poverty Argument”, cont.
Location
HUD Low Income
(one person)
Federal Poverty
Level (one
person)
Atlanta, GA
$39,850
$10,400
Topeka, KS
$33,800
$10,400
Medford, OR
$29,600
$10,400
Madison, WI
$35,650
$10,400
Collaboration Strategies –
Making the “Poverty Argument”, cont.
Using HUD’s own definitions and rules, it becomes
possible to make the poverty argument:
The housing problems of people with
disabilities are MORE about POVERTY
than disability.
Collaboration Strategies –
Making the “Poverty Argument”, cont.
Specific requests might include:


Allocation of 25% of HOME funds for
extremely low income households
Dedication of HOME funds to subsidize
tax credit properties
– lowering costs for a percentage of units,
making them affordable for households at
extremely low income levels
Collaboration Strategies –
Making the “Poverty Argument”, cont.
Targeting resources towards households in
poverty will benefit many groups
 Advocates
for the homeless
 Groups focused on addressing poverty
 Community Action Agencies
 Advocates for people who are elderly
 Affordable housing organizations
Develop “In House” Expertise in
Housing

Create database of housing market conditions

Make sure CILs in your state know about set-asides

Provide input to HUD ConPlans at state and local level

Provide assistance to CILs in understanding their
housing markets and opportunities for collaboration


Work with state housing finance agencies to develop
working partnerships
Develop fact sheets describing the disconnect between
federal funding for affordable housing and real poverty.
Collaboration Strategies –
“It’s the right thing to do”
The Americans with Disabilities Act (ADA), the
Fair Housing Act, Section 504 of the
Rehabilitation Act of 1973, as well as case
law such as Olmstead and Cason v. Rochester
Collaboration Strategies –
“It’s the right thing to do”, cont.
Section 504 of the Rehabilitation Act


No one can be denied the right to
participate or benefit from programs on the
basis of disability.
Section 504 also protects individuals from
being placed in a separate program for
disabled persons simply because of the
disability.
Collaboration Strategies –
“It’s the right thing to do”, cont.
Fair Housing Act

No one may take any of the following actions based on
race, color, national origin, religion, sex, familial status or
handicap:
–
–
–
–
–
Refuse to rent or sell housing
Refuse to negotiate for housing
Make housing unavailable
Deny a dwelling
Set different terms, conditions or privileges for sale or
rental of a dwelling
http://www.hud.gov/offices/fheo/FHLaws/yourrights.cfm
Collaboration Strategies –
“It’s the right thing to do”, cont.

Provide different housing services or facilities

Falsely deny that housing is available for
inspection, sale, or rental

For profit, persuade owners to sell or rent
(blockbusting)

Deny anyone access to or membership in a
facility or service (such as a multiple listing
service) related to the sale or rental of
housing.
Collaboration Strategies –
“It’s the right thing to do”, cont.
Case law: Olmstead v. LC
– Supreme Court decision that reinforced
ADA and further mandated that people
with disabilities live in the most integrated
setting possible
Collaboration Strategies –
“It’s the right thing to do”, cont.
“The courts have held that tenants are free to
meet the obligations of tenancy with or without
assistance. Just as a tenant may hire a maid to
clean the house, so may he or she rely on family
members, social service workers or paid service
providers.”
Bazelon Center for Mental Health Law. (2004). “The Illegality of ‘Independent Living’
Requirements in Rental Housing, Assisted Living Center and Continuing Care
Retirement Communities.” Fact Sheet. www.bazelon.org
.
Collaboration Strategies –
“It’s the right thing to do”, cont.
After the 1990 Cason decision, HUD changed its
rules for senior housing and public housing.
Ability to live independently is no longer a
requirement in these publicly funded programs.
Collaboration Strategies –
“It’s the right thing to do”, cont.
People with disabilities have the right to…




Live in the community
Rent or buy housing on the same terms as
others (without any special conditions or
agreements)
Request reasonable accommodation for disability
when needed.
Have the same rights to housing units as any
other tenant (assuming use of a standard lease)
Collaboration Strategies – Making the
“Right Thing To Do” Argument




Federal law and case law reinforce these rights
A collaboration can be built on implementation
of federal law and policy
Housing officials are compelled by law to uphold
these rights.
Every housing jurisdiction must complete, as
part of its planning process, an Analysis of
Impediments to Fair Housing
Collaboration Strategies –
How Can SILCs Support This?




Have accurate information about housing needs
Provide an analysis of how (if) current practices
are having a discriminatory effect on people with
disabilities
Do a review of the stock of publicly-assisted
housing and assess degree of accessibility and
affordability
Publish a “report card” for public and legislative
(or City Council) distribution
Collaboration Strategies –
How Can SILCs Support This?


Create a fact sheet – “Tips for Completing the
Analysis of Impediments to Fair Housing” –
targeted to housing officials
Educate customers and decision makers
about federal laws and case law
Questions?
Good Partners
Potential partners or allies include:





State housing finance agency
State department of community affairs
State Olmstead committee
State Council on Homelessness
State/Regional HUD office
Strategies to Meet Potential Partners

Attend state housing conferences

Attend local and state public hearings


Look for and join trade associations
(affordable housing developers)
Attend state conference on homelessness
Good Partners
Memoranda of Understanding/Agreement
(MOUs/MOAs) can be useful in:

Setting forth mutual goals

Identifying specific activities


Understanding how each party will be
accountable to the other
Recognizing good opportunities for publicity
Good Partners, cont.


Cross-training is another opportunity for
good partners to interact
Housing agencies can provide training to
CILs on eligibility requirements, procedures,
ways to streamline the process, etc.
Good Partners, cont.
CILs can use cross training as an
opportunity to create advocates within
housing agencies. Presenting poverty and
housing needs information, and presenting
“success stories” are effective strategies.
Questions?