TuneIn to Fair Housing: Understanding Reasonable Accommodations

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Tune-In to Fair Housing Understanding
Reasonable Accommodations

• Lynn Simington, Katherine Helgerson, and Terry
  Larsen

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Overview

• Policies and Regulations
• What is a Reasonable Accommodation?
• How to Request
• Types of Reasonable Accommodations
• Live-In Aides
• Scenarios
• Q A

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Policies and Regulations

• Section 504 of the Rehabilitation Act of 1973
• Fair Housing Act of 1968 (1988 Amendment)
• Americans with Disabilities Act of 1990
• 24 C.F.R. Part 8
• Reasonable Accommodation
• SHHP Administrative Policy
• 24 C.F.R. 982.316
• Live-in-Aide

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Section 504 of theRehabilitation Act of 1973

• 1st civil rights law for people with disabilities
• Required recipients of federal funds to make
  their programs and activities accessible to
  people with disabilities (including housing
  programs)

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Fair Housing ActHappy 40th Anniversary

• 1988 Congress expanded Title VIII of the Civil
  Rights Act of 1968 which prohibits housing
  discrimination on the basis of race, color,
  religion, sex, or national origin to include
  these protections for people with disabilities.
• Who must comply with the Fair Housing Act?

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Americans with Disabilities Act of 1990

• Additional Protections
• Employment
• Public Services/Public Transportation
• Public Accommodations
• Telecommunications

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How do these policies and regulations apply to
rentals?

• Together, these laws provide people with
  disabilities the rights and protections to enjoy
  their living environment (both public and private
  spaces) and to make changes to these areas, if
  needed, to meet their needs.

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Definition

• A reasonable accommodation is a change,
  adaptation or modification to a policy, program,
  service, or workplace which will allow a
  qualified person with a disability to participate
  fully in a program, take advantage of a service,
  perform a job, or have equal opportunity to use
  and enjoy a dwelling, including public and common
  use spaces.
• - Section 504 of the Rehabilitation Act
  1973

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24 C.F.R. Part 8

• Two guiding principles are used when assessing
• reasonable accommodations
• Does the request impose an undue financial and
  administrative burden on the housing provider?
• Does the request require a fundamental alteration
  to the nature of the providers operations?

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SHHP Administrative Policy

• Guiding Principles
• Is the family disabled?
• Is the request related to the disability, and is
  the request necessary for the family to have
  equal access to the program?
• Case-by-Case the policy is designed to focus on
  the individual and his/her own personal
  circumstances
• Determination of requests are made in a timely
  manner and communicated to the tenant accordingly
• Can someone be denied a request?

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Limitations to Reasonable Accommodations

• The cost necessary to carry out approved requests
  will be borne by the tenant if there is no one
  else willing to pay for the modifications
• If more than one accommodation is equally
  effective in providing access to SHHPs programs
  and services, SHHP retains the right to select
  the most efficient or economic choice

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Processing the Request

• Tenant makes formal request for accommodation to
  residential coordinator and completes necessary
  forms
• Include statement from licensed professional
  (doctor, therapist, etc.) confirming necessity of
  accommodation. Fax all documents to SHHP
• SHHP assesses request per HUD Regulations and
  SHHP Administrative Policy
• Notification of Approval/Denial forwarded to
  residential coordinator

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SHHP Annual Requirements

• All reasonable accommodation requests, along
  with supporting medical documentation, must be
  completed, verified, and submitted to SHHP
  annually at the tenants scheduled annual
  reexamination

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Commonly Requested Reasonable Accommodations

• Additional Bedroom
• Increased Payment Standard
• Increased Utility Allowance
• Renting from a Relative
• Other assessed on a case-by-case basis
• Live-in Aides

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Additional Bedroom

• Tenant requires an abundance of medical or
  exercise equipment in relation to their
  disability
• Be a critical observer during each HQS
• HUD POLICY ALERT
• An additional bedroom will no longer be approved
  for Rotating Staff (PIH 2008-20 HA)

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Increased Payment Standard

• High, but reasonable, rent increase in a unit
  where a tenant has demonstrated stability and/or
  has a built-in support system
• Lease-in-Place
• Case-by-Case basis
• Documentation Required
• PHAs Discretion

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Increased Utility Allowance

• Tenant requires medical equipment that utilizes a
  lot of electricity
• Air Conditioning Asthma, Multiple Sclerosis,
  etc.
• Case-by-Case basis
• Documentation Required
• PHAs Discretion

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Renting from a Relative

• Scenarios
• Case-by-Case basis
• Documentation Required
• PHAs Discretion

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Renting from a Relative

• In an attempt to decrease instances of fraud and
  owners residing with our subsidized tenants, SHHP
  must approve all scenarios where tenants are
  renting from relatives
• Parent, child, grandparent, grandchild, sister,
  or brother
• In addition, remain cautious when the owner is
• A Family Estate Trust
• An Ex-spouse
• Has the same last name or mailing address

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Renting from a RelativeApproval Procedures

• Submit Request to Rent from Relative form and
  Request for Reasonable Accommodation form to
  SHHP
• Landlord (relative) must also submit verification
  that they do not reside in the subsidized unit
  (Mortgage documents, XCEL Bill, etc.)
• Approval must be requested at every annual
  reexamination as long as the tenant resides in
  the unit

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Other Reasonable Accommodations

• Longer Search Time
• Reinstatement on Waiting List
• Assistance with Finding an Accessible Unit
• FYI Assistance Animals

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Live-in Aides

• 24 C.F.R. 982.316
• A family that consists of one or more elderly,
  near-elderly or disabled persons may request that
  the PHA approve a live-in aide to reside in the
  unit and provide necessary supportive services
  for a family member who is a person with a
  disability.

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24 C.F.R. 982.316

• At any time, the PHA may refuse to approve a
  particular person as a live-in aide, or may
  withdrawal such approval if
• The person commits fraud, bribery or any other
  corrupt or criminal act in connection with any
  federal housing program
• The person commits drug-related criminal activity
  or violent criminal activity
• The person currently owes rent or other amounts
  to the PHA or another PHA in connection with
  Section 8 or public housing

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Live-in Aides SHHP Admin Policy

• A family may request a live-in aide provided that
  such live-in aide
• Is determined to be essential to the care and
  well-being of an elderly, near elderly, or a
  person with disabilities
• Is not obligated for the support of the person
• Would not be living in the unit except to provide
  care for the person
• Is qualified to serve as a live-in aide
• Is not the spouse unless otherwise approved by
  SHHP
• Is using the subsidized unit as their primary
  residence
• 24 hour rotating staff is not considered a
  live-in aide

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Live-in AidesVerification Procedures

• The following documents and steps are necessary
  for initial live-in aide approval
• Documents
• Family Request to Add Live-in Aide
• Verification of Live-in Aide
• Declaration of 214 Status signed by live-in aide
• Photo ID of live-in aide (per House Bill 1023)
• All individuals proposed to be a live-in aide
  will need to pass a criminal background check

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Live-in AidesApproval Procedures

• For existing tenants with live-in-aides
• If the existing live-in aide is unable to provide
  the necessary documentation, or fails to pass a
  CBI, the tenant will be given 90 days to find a
  new live-in aide before he/she would experience a
  decrease in voucher size
• SHHP approval for all existing live-in aides
  should have been submitted and approved by SHHP
  before January 1, 2008
• The Verification of Live-in Aide form must be
  completed annually by a licensed professional

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Live-In AidesLandlord Concerns

• Live-in Aide must not be listed on the lease, but
  must be listed on the HAP Contract
• If the landlord disputes the policy, suggest
  using a Live-In Aide addendum
• Landlords must also abide
• by Fair Housing law

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Scenarios
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Additional Guidance

• Please refer to the following resources
• Revised Live-in Aide Policy Vol. 13 13 (May
  16, 2007)
• Renting from a Relative Vol. 12 14 (May 1,
  2006)
• Live-In Aides and the Housing Choice Voucher
  Program (A Technical Assistance Collaborative,
  Inc Publication)
• www.bazelon.org/issues/housing/index.htm
• www.learnfairhousing.org
• CCH Fair Housing Hotline - 1-866-231-6946
• Google Search

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Questions and Answers