Initiative ~ Executive Order ~ HHS Role ~ News & Additional Resources

Delivering on the Promise
Table of Contents

U.S. Department of Housing and Urban Development
[Complete Report: HTML = 97K / PDF = 101K]
Table of Contents ~ Part I ~ Part II ~ Part III ~ Appendix

Self-Evaluation to Promote
Community Living for People with Disabilities

Report to the President
on Executive Order 13217

II. Summary of barriers with proposed solutions
related to facilitating community-based alternatives
for individuals with disabilities

1. Office of Community Planning and Development (CPD)
2. Office of Fair Housing and Equal Opportunity (FHEO).
3. The Government National Mortgage Association (Ginnie Mae)
4. Office of Housing -- Federal Housing Administration (FHA)
5. Office of Public and Indian Housing (PIH)
   • All vouchers under the Housing Choice Voucher Program
     
   • "Targeted" Vouchers under Housing Choice Voucher Program
     
   • Housing Choice Voucher Family Self-Sufficiency (FSS) Program Coordinators
     
   • Public Housing Program: Designation of Public Housing Projects
     
   • Public Housing Program: HOPE VI Revitalization Program and Public Housing Capital Fund Program

1. Office of Community Planning and Development (CPD).

   Barriers -- The involvement of political jurisdictions is key to achieving the objectives of the Supreme Court's Olmstead decision. Therefore, the Office of Community Planning and Development (CPD) proposes to issue a notice informing Community Development Block Grant (CDBG) Entitlement and State grantees of Olmstead, Executive Order 13217, the New Freedom Initiative, and its six goals. These goals are to increase access to assistance and universally designed technologies; expand educational opportunities; promote homeownership; integrate Americans with disabilities into the workforce; expand transportation options; and promote full access to community life.

   HUD consolidated plan regulations [24 CFR 91.100 and 91.110] require that each political jurisdiction, during the preparation of the consolidated plan, consult with public and private agencies that provide assisted housing, health services, and social services to persons with disabilities. In addition, the regulations concerning citizen participation (91.105(a)(2)(ii) and 91.115 (a)(2)) require each jurisdiction to take the requisite actions to encourage participation of persons with disabilities during the development of their consolidated plans, any subsequent amendments to the plan, and performance reports. The notice will provide guidance concerning the manner in which jurisdictions are to incorporate the objectives of Olmstead, Executive Order 13217 and the New Freedom Initiative during the development of their consolidated plans.

   In addition, CPD will require state and local government applicants for the 2002 McKinney-Vento Homeless Assistance Act funds to certify that they will develop and implement policies and protocols for the discharge of persons from publicly funded institutions or systems of care in order to prevent such discharge from immediately resulting in homelessness for such persons. Further, CPD will require applicants for these funds to certify that they will coordinate their homeless programs with other mainstream programs/services for which homeless populations may be eligible.

2. Office of Fair Housing and Equal Opportunity (FHEO).
   1. Barrier -- Successful achievement of the objectives of Olmstead is greatly dependent on the availability and accessibility of HUD-assisted and private housing. The Office of Fair Housing and Equal Opportunity (FHEO) proposes several strategies to enhance the availability and accessibility of such housing through enforcement and affirmatively furthering fair housing actions.

      FHEO will take steps to assure that complaints that may have Olmstead implications are referred to the appropriate agencies, such as the Department of Justice (DOJ) and the Department of Health and Human Services (HHS). In addition, when applicable under the fair housing laws enforced by the Department, FHEO will ensure that such complaints are filed at HUD. Therefore, FHEO will also remind its field offices of their duty to concurrently process all disability and other complaints under all applicable laws and regulations. FHEO will also provide its field office training and other technical assistance on disability rights laws.

      Also, HUD will continue to coordinate efforts with DOJ to devote substantial resources to investigations and enforcement actions against developers, architects, and site engineers who design and/or construct multi-family housing that does not comply with the accessibility provisions of the Fair Housing Act. HUD will work with DOJ to increase the accessibility of public housing by improving enforcement of the nondiscrimination requirements (including accessibility and reasonable accommodation requirements) of Section 504 and the Fair Housing Act against PHAs. HUD will investigate and take enforcement action to eliminate discriminatory housing practices that deny reasonable structural modifications to housing units, disqualify persons with disabilities from living in certain types of housing, or impose discriminatory conditions of residence/use on persons with disabilities. HUD will implement the provisions of the Memorandum of Understanding between DOJ and IRS so that housing providers who discriminate against persons with disabilities do not benefit from Low Income Housing Tax Credits.

      FHEO will enhance efforts to increase access to HUD housing by people with disabilities. FHEO will take steps to encourage the submission of Fair Housing Initiative Program (FHIP) grant applications for providing education and outreach training relating to Olmstead under the next FHIP Notice Of Funding Availability (NOFA). FHEO will address processing these types of complaints at the national FHIP/FHAP policy conference scheduled next year. FHEO proposes to include disability among the populations targeted in all affirmative fair housing marketing plans.

      HUD will work with DOJ on technical assistance to improve housing providers' understanding of the Fair Housing Act. HUD will work with DOJ to improve enforcement of the Federal Housing Act and Section 504 of the Rehabilitation Act. HUD will encourage State and local governments to make accessibility requirements for multi-family housing equivalent to, or greater than, the accessibility requirements of the Fair Housing Act. HUD will encourage State and local governments to review plans for multi-family housing for compliance with the accessibility requirements of the Fair Housing Act and to review plans for public housing for compliance with the Fair Housing Act and Section 504. HUD will encourage universities offering courses of study in architecture and engineering to provide courses in accessible design. HUD will work with the National Association of Home Builders, the American Institute of Architects, and other groups representing design professionals and building contractors to increase their members' knowledge and understanding of the accessibility requirements of the Fair Housing Act and Section 504 of the Rehabilitation Act. HUD will encourage advocacy groups and private counsel representing persons with disabilities to alert HUD to private lawsuits where amicus participation by the Federal government would assist the court in interpreting and applying the provisions of the Fair Housing Act and Section 504 of the Rehabilitation Act. HUD will encourage private community-based organizations to promote accessibility and inclusion of persons with disabilities. Where such lawsuits allege violations of federal laws by recipients of federal financial assistance, HUD will work with DOJ to determine the appropriate response to such lawsuits.

   2. Barrier -- HUD's Section 504 regulations treat private housing providers participating in the Section 8 housing voucher program as "contractors" rather than as "recipients" of federal financial assistance. As a result, these housing providers are not required to meet the same obligations for assuring accessibility of their programs, services and activities, which has the effect of limiting the housing choices available to persons with disabilities. In addition, although the entity that administers the voucher program (usually a PHA) is a recipient and must take several steps (identified in the regulation) with respect to private landlords participating in the program, in order to assure basic nondiscrimination, and to assist applicants in locating accessible units, requesting exceptions to the Fair Market Rents, and other requirements, persons with disabilities often are not aware of the requirements imposed on the recipient and might not request this type of assistance.

      To address this barrier, FHEO proposes to enhance HUD guidance to PHAs, private landlords and persons with disabilities participating in the housing choice voucher program. The guidance will remind recipients of their responsibility to provide reasonable accommodations to persons with disabilities in the housing choice voucher program. Similarly, the guidance will inform persons with disabilities of their rights to reasonable accommodations under the program. Additionally, the Department will consider amending the regulations [24 CFR Part 8] to set stricter requirements for private landlords participating in these programs; however, such a step may have the undesirable consequence of discouraging landlord participation.

   3. Barrier - At present, there is a lack of consumer-friendly public documents and a lack of counseling programs staffed with persons who are familiar with fair housing laws like Section 504, the ADA and the Fair Housing Act, in order to assist persons with disabilities attempting to move out of institutions into the community and who, because of lack of such information and assistance, may not be aware when they are the victims of discrimination or know how to exercise their fair housing rights.

      FHEO has taken steps to increase the amount of information on its web sites related to laws like Section 504, which have not previously been covered as extensively as the Fair Housing Act. In addition, FHEO will develop an easy to understand chart of the various disability rights laws and their requirements; and will develop a Section 504 consumer-oriented booklet.

   4. Barrier -- HUD's Section 504 regulations include a separate section on homeownership [24 CFR 8.29] that focuses on four programs that are no longer active. The regulation also addresses requirements for new construction or alterations of any type of housing program. Because of the provision in the regulation that relates to the programs no longer active, some offices have interpreted this to mean that newly constructed or altered homeownership housing programs only need comply with the section that covers the four now inactive programs, and not to the provisions in the regulations for new construction and alterations, thereby causing some new housing homeownership programs developed under HUD's Hope VI and HOME programs to not meet the accessibility requirements in the regulations. This can reduce the accessible housing stock available to persons leaving institutions and resulting in complaints. FHEO plans to draft a rule amendment to [24 CFR 8.29] resolve this concern.

   5. Barrier -- There is a considerable need for guidance on fair housing/Section 504 issues such as reasonable accommodation rights, eligibility for certain HUD programs, overlapping accessibility requirements of the laws, and other issues. Such guidance would make it easier for individuals leaving institutions to know what housing programs they may apply for and how their fair housing rights relate to such programs, and what their rights are in relating to reasonable accommodations and similar issues. FHEO has already begun to use its Section 504 website to address the need for guidance on some of the more frequently asked fair housing and disability rights related questions. FHEO is also in the process of developing further guidance on reasonable accommodations, and proposes to make such guidance available upon completion through various means in addition to its web site.

3. Government National Mortgage Association (Ginnie Mae).
   1. Barrier -- The Government National Mortgage Association (Ginnie Mae) web site, which is used to communicate program essentials to the public, requires further improvements in being accessible to people with disabilities. Ginnie Mae proposes to work with contractors to add technological accessibility to the web site as the technology becomes available.

   2. Barrier -- To facilitate Olmstead by enhancing homeownership opportunities for people with disabilities, Ginnie Mae must develop and/or modify existing mortgage-backed securities programs that support government insured or guaranteed loans targeted to people with disabilities will assess changes that may need to have changes made to programs to facilitate securitization of such loans when a federal agency that supports a housing program such as FHA or VA develops an insured or guaranteed loan targeted to persons with disabilities.

4. Office of Housing -- Federal Housing Administration (FHA).
   1. Barrier -- HUD's Office of Housing proposes to modify its requirements for local governments and non-profit organizations seeking to participate in HUD's Direct Sales or Asset Control Area (ACA) Programs by requiring that the Affordable Housing Plans or ACA Plans include the means by which homeownership opportunities for persons with disabilities will be increased. The Department will also encourage housing counseling agencies to work with existing state organizations such as the state protection and advocacy entities and the state developmental disability councils, Centers for Independent Living, etc., to provide fair housing and disability rights related counseling and services.

   2. Barrier -- The Office of Housing issued a letter to encourage lenders to use the Title I and 203(k) programs to finance accessibility modifications. These programs may not be fully utilized for accessibility rehabilitation. Currently, to be eligible for the Section 203(k) program, rehabilitation costs must be at least $5,000. HUD will consider amending its eligibility criteria to eliminate this threshold amount, when the rehabilitation is for the purpose of making accessibility modifications.

   3. Barrier -- There is a lack of flexibility within the Section 811 Supportive Housing for Persons with Disabilities Program to develop more integrated housing with less supportive services. HUD will consider seeking changes to the Section 811 statute to seek greater flexibility in terms of supportive services. HUD recognizes, however, that it must be cognizant of the fact that funding for supportive services for many existing projects may be project-based. HUD will consider further reducing the project size limits to provide for smaller, more integrated projects, recognizing that this could increase the per unit development cost limits. HUD will also consider increasing incentives for integrated housing (this will be done, in part, through the changes made by the American Homeownership and Economic Opportunity Act of 2000 which permits mixed-financing or a mixed-use project for additional units). HUD will consider allowing Section 811 tenant-based assistance to be used for homeownership (down payments, mortgage payments, maintenance assistance).

5. Office of Public and Indian Housing (PIH).

   Based on its analysis of all of its programs and activities, HUD's Office of Public and Indian Housing determined that the following programs/activities present barriers for individuals with disabilities to be successfully integrated into the community.

   All vouchers under the Housing Choice Voucher Program -- These vouchers consist of: (1) Fair Share Program and Family Unification Program vouchers that are used by the general population, with some portion of these vouchers being issued to disabled families based upon a PHAs preference categories for admission to the voucher program; and (2) vouchers that are targeted solely for families with disabilities -- Mainstream, Designated Housing, Certain Developments Voucher Programs, and the Fair Share vouchers in which PHAs have agreed to use at least 15% of their allocated Fair Share vouchers for families with disabilities and at least 3% of their Fair Share vouchers for disabled families covered under a Medicaid Home and Community-Based Services waiver.

   1. Barrier -- PHAs and HUD Field Offices may not have knowledge of or understand the New Freedom Initiative, which was issued by President Bush in February 2001, and the June 18^th Executive Order entitled "Community-Based Alternatives for Individuals with Disabilities," both of which are aimed at promoting the swift implementation of the U.S. Supreme Court's 1999 decision in Olmstead v. L.C. The Olmstead decision concluded that under the Americans with Disabilities Act (ADA), states are required to provide services to persons with disabilities in community settings rather than institutions when treatment professionals determine that community placement is appropriate, the individual does not object to this determination, and it can be reasonably accommodated. The Housing Choice Voucher Program is one of HUD's best tools for opening the door to integrated and affordable housing opportunities for families with disabilities.

      PIH will develop a Notice to be transmitted to PHAs and HUD Field Offices explaining the New Freedom Initiative, the Executive Order on "Community-Based Alternatives for Individuals with Disabilities," and the Olmstead decision. The Notice will also address implementation issues and discuss how Federal, state, and local governments can work together in cooperative efforts to successfully implement the actions set forth in the New Freedom Initiative and the Executive Order.

   2. Barrier -- Current legislation (Section 8 of the United States Housing Act) and HUD regulations (24 CFR Part 982) for the Housing Choice Voucher state that at the time a family initially receives tenant-based assistance, the total rent that the family may be required to pay may not exceed 40 percent of the family's adjusted annual income. This provision could cause families, including those that are disabled, to be unable to rent higher priced units in some localities.

      HUD will consider legislation to allow the share of a family's rent to exceed 40 percent of the family's annual income, rather than 40 percent of the family's adjusted annual income. This proposed solution would necessitate Legislative, Regulatory, Policy, and Program changes.

   3. Barrier -- The new version of Form HUD-50058, Family Report, which collects data from PHAs for the Housing Choice Voucher Program and the Public Housing Program, is scheduled to be implemented by HUD in November, 2001. Although this new form makes improvements in the collection of data on families utilizing the voucher program, it will not capture data addressing the accessibility of units in privately-owned apartment buildings. Without this information, HUD still will not know to what extent disabled voucher families' needs for accessible units are being met in this program.

      PIH will explore the feasibility of making additional revisions to Form HUD-50058 for the reporting requirements for the Housing Choice Voucher Program to include the collection of data on (1) the number of families that are residing in a unit that is fully accessible according to the Uniform Federal Accessibility Standards (UFAS), (2) the number of families that are residing in a unit that is "partially accessible" (i.e. providing a "reasonable accommodation" through alterations to address a specific need when full accessibility is not required or not needed); (3) the number of families who need a fully accessible unit; and (4) the number of families who need a partially accessible unit. This proposed solution would necessitate Policy and Program changes.

   4. Barrier -- Some disabled families may need assistance in locating accessible rental units and then remaining in a stabilized housing environment.

      HUD is already partly addressing this barrier through the Housing Search Assistance Program NOFA published in the Federal Register on July 11, 2001, and the first priority category for this assistance is disabled families. Further, HUD NOFAs for the targeted voucher programs already require that PHAs provide housing choice voucher search assistance and assist individuals with disabilities (when requested) to gain access to supportive services.

      Further, as part of the Notice being transmitted to PHAs and HUD Field Offices explaining the recent Presidential initiatives on persons with disabilities, the Olmstead decision, and implementation efforts, PIH will reiterate the importance of PHAs providing search assistance for rental housing and assisting disabled families (when requested) to gain access to supportive services.

   5. Barrier -- Many persons with disabilities receive only Supplemental Security Income (SSI) payments as income, which amounts to approximately $6,000 per year per person. As a result of this lack of income, if given a voucher, a person with a disability may not have the funds for the normal expenses required upon moving into an apartment, i.e. the security deposit, the utility deposit, funds for purchasing furniture and other household items, etc.

      As part of a Notice that will be transmitted to HUD field offices and PHAs explaining Presidential initiatives and the Olmstead decision, PIH will encourage PHAs to refer disabled families to local supportive service and disability organizations that may have funding available for moving expenses. This proposed solution would necessitate Policy and Program changes.

   6. Barrier -- It often takes a long period of time for a disabled family to locate an apartment, either because of the nature of their disability, which may cause difficulty in physically searching for an apartment, or because of a lack of accessible apartments in their community. However, some PHAs may not realize that Housing Choice Voucher regulations at 24 CFR 982.303 allows them discretion to grant a family "one or more" extensions of the required initial term of at least 60 calendar days to lease an apartment. These regulations also state that if a disabled family requests an extension as a "reasonable accommodation," then the PHA must extend the voucher term up to the term "reasonably required for that purpose."

      As part of a Notice that will be transmitted to HUD field offices and PHAs explaining Presidential initiatives and the Olmstead decision, PIH will reiterate the language of 24 CFR 982.303, clarifying that PHAs may extend the voucher term indefinitely to allow more time for a disabled family to search for housing. Further, as part of the workshops that will be offered to PHAs that have received targeted vouchers for families with disabilities, PIH will ensure that these regulations are covered in the training.

   "Targeted" Vouchers under Housing Choice Voucher Program -- These vouchers are "targeted" solely for families with disabilities: (1) Fair Share vouchers in which PHAs have agreed to use at least 15% of their allocated Fair Share vouchers for persons with disabilities and at least 3% of these vouchers for disabled families covered under a Medicaid Home and Community-Based Services waiver, (2) Mainstream vouchers, (3) Designated Housing vouchers, and (4) Certain Development vouchers.

   1. Barrier -- The Form HUD-50058 that is utilized by HUD to collect information on families to which vouchers have been issued does not indicate if the voucher is one that is targeted specifically for a person with a disability, e.g. a Mainstream, Certain Developments, Designated Housing, or a targeted Fair Share voucher. Consequently, there is no way to know if these targeted vouchers specifically issued to a PHA for disabled families have been issued to such families. Further, there is no requirement that a PHA report on the number of "general purpose" vouchers that have been provided to disabled families.

      PIH will explore the feasibility of making additional revisions to Form HUD-50058 reporting requirements by capturing data for those vouchers targeted solely to disabled families and those "general purpose" vouchers provided by PHAs to disabled families. This would apply to Mainstream, Designated Housing, and Certain Developments vouchers, the vouchers targeted for disabled persons issued as a result of the Fair Share Program, and the "general purpose" vouchers under Fair Share that are given to disabled families. This is possibly the only way to differentiate between vouchers approved for use by the general population, with some portion thereof being issued to disabled families based upon PHA preference categories, etc. for admission, versus vouchers specifically earmarked as being solely for disabled families. This proposed solution would necessitate a Policy change.

   Housing Choice Voucher Family Self-Sufficiency (FSS) Program Coordinators

   1. Barrier -- Some disabled families with housing vouchers may not be aware of self-sufficiency programs that their local PHAs may be administering. Disabled voucher families that desire to go from welfare to work or are currently in wage jobs may benefit from participation in an FSS Program.

      In the NOFA for Housing Choice Voucher FSS Program Coordinators, PIH will encourage PHAs with FSS Programs to conduct outreach to disabled families that might benefit from participation in an FSS Program and to include agencies that work with and provide services for disabled families on their FSS Program Coordinating Committee.

   Public Housing Program: Designation of Public Housing Projects

   1. Barrier -- Some PHAs are not requesting an adequate number of vouchers to meet the housing needs of non-elderly disabled families affected by designated housing plans.

      PIH proposes to review the requirements and practices for the designation process to determine whether PHAs are requesting an adequate number of vouchers to meet the housing needs of non-elderly disabled families affected by designated housing plans. This proposed solution would necessitate Policy and Program changes.

   2. Barrier -- HUD has approved some PHAs' designation plans that have included accessible units, thus having the effect of reducing the supply of these already scarce units that disabled families may need.

      In reviewing a PHA's designation plan, PIH will explicitly take into account whether the units to be designated are accessible for families with disabilities. This proposed solution would necessitate Policy and Program changes.

   Public Housing Program: HOPE VI Revitalization Program and Public Housing Capital Fund Program -- HUD determined that two barriers exist regarding community integration for persons with disabilities within these two major programs that provide funding for public housing repair and modernization.

   1. Barrier -- A shortage of "visitable" units exists in public housing developments in many market areas in the nation. This situation can be attributed, in part, to a lack of technical knowledge on the part of PHAs and their engineering and architectural consultants to provide "visitability" in the construction/modernization of units under the Capital Fund Program, so that the first floor of the unit is "visitable" by people with physical disabilities. (Visitability is a design concept that enhances the ability of people with disabilities to interact with their neighbors, friends, and associates in the community and includes such features as a 32-inch clear opening in all bathroom and interior doorways and at least one accessible means of egress/ingress for each unit.)

      HUD will develop a technical bulletin, using the January 2000 HOPE VI booklet on accessibility and visitability as a model. The HOPE VI booklet illustrates grading and housing solutions for providing "visitability" in a variety of situations for use by public housing agencies and their engineering and architectural consultants. This proposed solution would necessitate Policy and Program changes.

   2. Barrier -- There is a lack of enforcement of Section 504 of the Rehabilitation Act of 1973 and the Fair Housing Act of 1988 at the design review stage of construction of new public housing to insure the provision of accessible and adaptable residences for residents with physical disabilities. Non-compliance is usually discovered after the public housing project is built.

      PIH will require a standardized certification on the first sheet of all construction drawings for federally-funded public housing projects, to be signed and sealed by the project architect to certify the number and percentage of accessible units meeting Section 504 requirements and the number of units meeting the Fair Housing Act requirements for multifamily housing, if applicable. No significant budget impact is anticipated. Costs would be related to the notification of PHAs and HUD field offices of this requirement. This proposed solution would necessitate Program and Policy changes.

Last revised: April 21, 2002