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

III. Past and current efforts
to facilitate 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. Office of Housing -- Federal Housing Administration (FHA)
4. Office of Policy Development and Research (PD&R)
5. Office of Public and Indian Housing (PIH)
   • All Public and Indian Housing (PIH) Programs
   • Housing Choice Voucher Program
   • Public Housing Program

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

   The Office of Community Planning and Development's (CPD) Community Development Block Grant (CDBG) program provides grants to jurisdictions to implement a wide variety of activities directed toward neighborhood revitalization, economic development and improved community facilities and services. CDBG-assisted activities are initiated and developed at the local level based upon a community's perception of local needs, priorities and benefits to the community and its residents. To that end, communities are able to shape their CDBG programs to help meet the needs of persons with disabilities and to remove barriers to community living. CDBG program funds can be used to assist activities that promote the ability of persons with disabilities to live in home and community-based settings. Such activities may include down payment assistance to support home ownership; public services to expand transportation options; rehabilitation of housing units to enhance accessibility; and providing improved accessibility within the community.

   The CDBG program requires citizen participation, including involvement of persons with disabilities, during development of the jurisdiction's consolidated plans, in a number of ways. For example, the jurisdiction must consider the needs of persons with disabilities and encourage their participation during the development of the consolidated plan. In addition, CDBG regulations require consultation with agencies that address the needs of persons with disabilities during the consolidated plan development process. CDBG regulations also require jurisdictions to describe and address priority housing and supportive service needs of persons with disabilities. Consolidated Annual Performance and Evaluation Report (CAPER) guidance requires jurisdictions to assess their performance in addressing the needs of persons with disabilities. Finally, CDBG regulations require each jurisdiction to assume responsibility for fair housing planning by conducting an analysis of impediments to fair housing choice and to take actions to remove those impediments.

   CPD is also committed to reforming the consolidated planning process to develop more meaningful methods for citizen participation by 2003. HUD will work with local stakeholders to make the process more results-oriented and useful to communities in assessing their own progress. A more citizen-centered process will enhance the ability of individuals with disabilities to participate in the development of the consolidated plan.

   The Home Program, an affordable housing block grant program that provides allocations to nearly 600 states and local governments annually, can be used to develop rental units and group homes, tenant-based rental assistance, and homeownership opportunities to develop units for persons with disabilities. The ability to target Home funds to disabled populations identified in their consolidated plans permits state and local participating jurisdictions to facilitate community-based housing options, both rental and homeownership, for disabled persons.

   The Supportive Housing Program, the federal government's largest targeted homeless assistance program, as a whole promotes community-based housing, and the supportive services needed to enable people with disabilities to live as independently as possible. Program applicants are required to explain specifically how they will assist participants to live independently. Applicants must also demonstrate that their housing projects will meet all applicable requirements for accessibility and that basic community amenities are available and readily accessible.

   The Department's Safe Havens Program is a program designed to provide supportive housing for the most difficult to reach persons with mental disabilities who are either unwilling or unable to participate in services. A component of the Supportive Housing Program, Safe Havens are an entry point where, once an individual is stabilized, it is hoped the individual will be willing to participate in services and referrals.

   HUD has taken other actions to help address the needs of persons with disabilities. In 1998, HUD issued a letter to CDBG Entitlement Grantees and HOME Participating Jurisdictions to encourage communities to assess the need for housing modification funds to help improve accessibility for homeowners and renters with disabilities. More recently, in December 2000, CPD issued two accessibility notices. The purpose of the first notice, CPD-00-9, was to remind CDBG program and HOME program recipients of their obligation to comply with Section 504 of the Rehabilitation Act of 1973, the Fair Housing Act, and HUD's implementing regulations, which prohibit discrimination based on disability and establish requirements for program accessibility and physical accessibility in connection with housing programs. The second notice, CPD-00-10, addresses non-housing programs and facilities assisted under the CDBG program. This notice addresses the responsibility of CDBG program recipients to comply with Section 504, the ADA, and the Architectural Barriers Act in connection with recipients' non-housing programs. In addition, CPD is drafting a fair housing guide for home program participants. The guide will provide practical advice on compliance with fair housing requirements, including those of Section 504 and ADA.

2. Office of Fair Housing and Equal Opportunity (FHEO).

   The following are some efforts the Office of Fair Housing and Equal Opportunity (FHEO) undertook in its fair housing enforcement role to facilitate community-based alternatives for individuals with disabilities:

   FHEO and DOJ have recently completed training of Field staff on conducting Title VI and Section 504 compliance reviews. The training included on-site work and conducting compliance reviews under the supervision of experienced staff. In FY 2001, FHEO's committed to increasing the number of compliance reviews it conducts pursuant to Section 504 and Title VI of the Civil Rights Act of 1964 by at least 25%, and has included a specific goal for this purpose in its Business and Operating Plan (BOP).

   HUD opened a new Section 504 Web Site on January 18, 2001. This Web site provides guidance to persons with disabilities about their rights under Section 504 and information for recipients on their obligation to comply with Section 504. The Web Site includes information on the law's regulatory requirements, how to file a complaint, additional resources, and answers to frequently asked questions. HUD recently issued three Notices -- two from CPD and one from Housing -- to remind recipients of their obligation to comply with Section 504 and other related laws.

   FHEO has two education and outreach and technical guidance efforts underway that will assist in assuring greater compliance with the Fair Housing Act's accessible design and construction requirements, thereby increasing the available accessible housing options for persons with disabilities.

   The first project, Project for Accessibility Training and Technical Guidance, will provide training and direct technical guidance to the builders, architects and other design professionals, and other building industry groups, as well as organizations representing persons with disabilities and other interested persons.

   The second project, which is currently being awarded through a competitive grant under the Department's Fair Housing Initiatives Program (FHIP) Education and Outreach, National Component, will provide focused technical guidance to assist states and units of local government in adopting building codes, or revising existing building codes, to adopt codes that are consistent with the accessibility requirements of the Fair Housing Act.

   The Department will have numerous FHIP activities underway that focus on addressing the fair housing needs of persons with disabilities.

3. Office of Housing-Federal Housing Administration (FHA).

   On July 25, 2001 the Office of Housing-Federal Housing Administration (Office of Housing) issued a mortgagee letter regarding increasing homeownership rates for persons with disabilities. This letter encouraged lenders to be flexible in the use of compensating factors and other underwriting considerations when reviewing applications of the disabled. When including income from sources not subject to Federal tax, lenders may add tax savings or "gross up" income. The letter advises that lenders should examine the overall pattern of credit behavior of applicants with disabilities. A previous period of financial difficulty, if related to the disabling condition, is not an absolute bar to extending credit.

   Many individuals and families with disabilities have limited resources for purchasing a home. The Office of Housing proposes to issue a mortgagee letter advising lenders of the manner in which they may treat Section 8 subsidies as income in determining a homebuyer's qualifying ratios for underwriting purposes.

   The current Section 811 Housing Opportunities for Persons with Disabilities program requires project sponsors to have an intensive component. The program should provide for more flexibility and provide for a Service Coordinator to coordinate the delivery of existing services for the residents.

4. Office of Policy Development and Research (PD&R).

   The Office of Policy Development and Research (PD&R) has plans for one study, and another study already underway, both of which will assist in addressing certain aspects of the housing needs of persons with disabilities.

   The first study, "Assessment and Analysis of Multifamily Buildings' Conformity with Fair Housing Accessibility Provisions," is almost complete. This research project is intended as (1) a quantitative assessment of the extent of conformity with the accessibility provisions of the Fair Housing Act (the Act), as amended in 1988, and (2) an examination of the reasons for the extent of conformity, including explanations for patterns of non-conformity. The Act's accessibility requirements apply to a broad number of dwelling units -- all dwelling units in buildings having four or more units -- regardless of whether they are federally assisted or privately owned. Along with other provisions of the Act, the accessibility requirements are designed to give persons with disabilities greater freedom to choose the neighborhoods in which they wish to live.

   Under the second study, HUD will conduct a "Housing Choice Voucher Tenant Accessibility Study," which will: (1) assess the feasibility of conducting an ongoing nationwide mail survey of successful voucher program enrollees with physical disabilities about their experiences in searching for accessible units, and (2) examine the quality of the experiences that these enrollees have in their search for accessible units. As a result, HUD (via periodic nationwide surveys) can gain an ongoing capacity to monitor the accessibility needs of these enrollees, and can learn how the voucher program is meeting these accessibility needs.

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

   All Public and Indian Housing (PIH) Programs

   PIH issued a Notice (PIH 99-52) in December 1999, to remind recipients of Federal PIH funds, including PHAs, Indian housing authorities, and resident management corporations, of their obligation to comply with pertinent laws and implementing regulations which provide for non-discrimination and accessibility for people with disabilities in Federally-funded housing and non-housing programs and to employment training programs at these entities. The Notice also provides information on key compliance elements of relevant regulations and examples and resources to enhance recipients' compliance efforts. PHAs and other recipients of Federal PIH funds are responsible for providing the notice to all current and future contractors, agents, and Section 8 owners participating in covered programs, activities or performing work covered under relevant legislation and regulations. The Notice specifically addresses the applicability of the following specific laws and regulations to PIH programs and activities: Section 504 of the Rehabilitation Act of 1973, the ADA, the Architectural Barriers Act of 1968, and the Fair Housing Act of 1988.

   The Notice is currently being modified for reissuance.

   Housing Choice Voucher Program

   In September 2001, PIH drafted technical corrections to the January 19, 2001 final rule entitled "Determining Adjusted Income in HUD Programs Serving Persons with Disabilities: Requiring Mandatory Deductions for Certain Expenses; and Disallowance for Earned Income." The technical corrections are aimed at clarifying the portion of the rule addressing earned income disregards. Rather than defining "qualified family" as a family whose head, spouse, or sole member is a person with disabilities, this definition is being changed to clarify that a qualified family is any family with a disabled adult member. Further, the final rule is being revised to clarify that only families that are already receiving assistance under one of the HUD programs identified in the rule are covered, and not applicants for such assistance.

   On August 16, 2001, PIH issued a contract for technical assistance to be provided, as necessary, to PHAs and non-profit organizations that have had difficulty in utilizing housing vouchers that have been allocated specifically for persons with disabilities and in developing relationships with other organizations. Technical assistance to be provided includes (1) the preparation and distribution of written materials, including information on the Medicaid Home and Community-Based Waiver Program, (2) voucher training workshops for non-profits and PHAs that are administrating voucher programs for the first time, and (3) assistance with outreach to facilitate the formation of partnerships with non-profit disability organizations.

   During Fiscal Years 2000 and 2001, several hundred public and assisted housing administrators, resident leaders and HUD staff were trained at a series of 9 major industry training conferences implemented and conducted by PIH on Section 504 of the Rehabilitation Act of 1973, the ADA, the Architectural Barriers Act, and requirements for accessibility in the Housing Choice Voucher program and conventional public housing.

   On July 19, 2001, HUD announced the PHAs that were selected to participate in "Project Access," a pilot program that is designed to facilitate the successful transition of non-elderly persons with disabilities from nursing homes to community living. HUD and the Department of Health and Human Services (HHS) are partnering to carry out this initiative, which will provide 400 HUD Housing Choice vouchers and necessary supportive services through Health and Human Services Nursing Home Transition grants, Medicaid funds, and other resources to non-elderly persons with disabilities transitioning out of nursing homes. PHAs and State Medicaid Agencies in 11 states will coordinate and work with one another and with other resources -- both public and private -- within their communities to facilitate the use of the initiative's vouchers. Technical assistance will be provided to the PHAs and other organizations participating in Project Access in order to ensure the success of the initiative.

   On July 11, 2001, HUD issued its Housing Search Assistance Program (HSAP) NOFA in the Federal Register announcing the availability of $10 million for the provision of housing counseling and supportive services funding for PHAs operating in particularly difficult rental markets regarding the ability of housing choice voucher holders to locate affordable, decent and safe housing at an affordable price. The NOFA identifies families with a voucher as receiving first consideration for these services. Disabled families (includes individuals) are specifically identified as being in the first-tier priority group.

   On June 22, 2001, HUD issued an interim rule that established regulations to implement a three-year homeownership pilot program for disabled families authorized by Section 302 of the American Homeownership and Economic Opportunity Act of 2000. Under the "Pilot Program for Homeownership Assistance for Disabled Families," a PHA may provide tenant-based homeownership assistance to a disabled family residing in a home purchased and owned by one or more members of the family. The pilot program provides disabled families with certain benefits in comparison with the basic homeownership option under the Housing Choice Voucher Program, such as admitting disabled families whose annual income is greater than 80 percent of the area median into the pilot program.

   On June 13, 2001, HUD published a proposed rule that would implement Section 301 of the American Homeownership and Economic Assistance Act of 2000 (enacted December 27, 2000), which amends the statute authorizing the "homeownership option" under the Housing Choice Voucher Program. Under Section 301, a PHA may, in lieu of paying a monthly homeownership assistance payment on behalf of a family, provide homeownership assistance for a family in the form of a single grant to be used toward the downpayment required in connection with the purchase of a home. The proposed rule would amend HUD's regulations for the homeownership option (located at 24 CFR Sections 982.625-982.641 of subpart M of Part 982) to implement the downpayment assistance authority and would clarify and streamline several regulatory requirements applicable to both downpayment grants and monthly homeownership assistance payments provided under the homeownership option.

   On January 19, 2001, HUD issued a final rule that disregarded certain increases in earned income to persons with disabilities served by several different HUD programs, including the Housing Choice Voucher Program. HUD made these benefit extensions for persons with disabilities because HUD believes that these deductions and the disregard of earned income constitute an important step in helping persons with disabilities find and retain employment.

   On September 12, 2000, HUD published a final rule implementing the "homeownership option" under Section 8(y) of the United States Housing Act of 1937, as amended by the Quality Housing and Work Responsibility Act of 1998. Under the Section 8(y) homeownership option, a PHA may choose to provide monthly tenant-based assistance to an eligible family that purchases a dwelling unit that will be occupied by the family. The September 12, 2000 final rule implemented the Section 8(y) homeownership option by adding a new "special housing type" under subpart M of HUD's regulations for the Housing Choice Voucher Program at 24 CFR part 982.

   The "Resident Characteristics Report" for the Housing Choice Voucher Program, which is a report produced by HUD's Multifamily Tenant Characteristics System (MTCS), is currently available on HUD's Internet web site. Until recently, this report depicted data only on the percentage of non-elderly disabled families/households that are utilizing vouchers, and did not contain similar data on elderly disabled families/households that use vouchers. In January 2002, PIH improved the report to show the percentages of non-elderly and elderly families/households that utilize vouchers.

   Public Housing Program

   Resident Characteristics Report (MTCS)

   The "Resident Characteristics Report" for the Public Housing Program, which is a report produced by HUD's Multifamily Tenant Characteristics System (MTCS), is currently available on HUD's Internet web site. Until recently, this report depicted data only on the percentage of non-elderly disabled families/households that are residing in public housing, and did not contain similar data on elderly disabled families/households that live in public housing. In January 2002, PIH improved the report to show the percentages of non-elderly and elderly families/households that reside in public housing.

   HOPE VI Program and Public Housing Capital Fund Program

   Disability advocates participate on planning, policy, and design panels at the annual HOPE VI Revitalization Program conference.

   In January 2000, HUD published a booklet entitled "Strategies for Providing Accessibility & Visitability for HOPE VI and Mixed-Financed Homeownership." This publication provides technical and graphic illustrations for providing accessibility in the context of existing neighborhood architectural styles for homeownership units. It can also be downloaded from the HOPE VI web site.

   Information on accessibility and "visitability" is provided on the HOPE VI and Housing Research Foundation web site with links to the web sites of HUD's FHEO Office, and to the web sites of certain disability advocacy organizations.

   A representative of a disability advocacy organization participates in all HOPE VI/Mixed-Finance Design Training seminars for PHAs and HOPE VI grant managers. This organization provides information on the design and development of "visitable" residences that benefit the integration of disabled people into the community.

   HUD staff members participate in ongoing meetings and conference calls with accessibility advocates to maintain direct links with office programs.

   HUD provides review and technical assistance on compliance with accessibility, "visitability," Section 504 of the Rehabilitation Act of 1973, and the Fair Housing Act for HOPE VI grant managers, PHAs, architects, and developers working on HOPE VI/Mixed-Finance projects.

   The FY 2001 HOPE VI Revitalization Program NOFA addresses persons with disabilities under two of its rating factors. Under one rating factor, PIH evaluates and assigns points based on the applicant having an achievable plan for including minorities, women, and/or individuals with disabilities in the overall planning, development, and management team that will be involved in the HOPE VI revitalization effort. Also, under another rating factor, points are given to an applicant according to: (1) the quality of its proposed Community and Supportive Services plan and activities that are designed to help all residents, including those with disabilities, achieve self-sufficiency, upward mobility, and economic independence with sustainable "living wage" jobs; (2) whether the applicant proposes operation and management principles and policies that are promoting economically and demographically diverse living patterns that include all types of persons, including those with disabilities, by "reaching out" to persons with disabilities; and (3) whether the applicant is affirmatively furthering fair housing through accessibility, adaptability, visitability, and diversity regarding the revitalized units and through working with local advocacy groups, which represent persons with disabilities and other special needs populations.

   The HOPE VI Revitalization Program encourages the use of funds for accessibility modifications, where necessary, to Housing Choice Voucher units.

   A video on Visitability was produced recently for a PIH conference. It is proposed that this 25-minute video be distributed to all PHAs and the Public Housing and Fair Housing divisions of HUD Field Offices to encourage the implementation of the concept of Visitability and further educate the industry on the benefits of Visitability (where practical, provide at least one accessible means of egress/ingress and provide a 32-inch clear opening in all bathroom and interior doorways for all units when altered or constructed), in addition to the requirements that at least 5% of the units in a project be accessible and 2% of the units in a project be accessible for persons with hearing and vision impairments.

Last revised: April 21, 2002