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Affordable and Accessible Housing: A National Perspective. Regional Housing Forum November 13, 2002 Emily Cooper Technical Assistance Collaborative, Inc. Olmstead Decision and Housing. “Housing” does not appear in the Olmstead decision
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Affordable and Accessible Housing: A National Perspective Regional Housing Forum November 13, 2002 Emily Cooper Technical Assistance Collaborative, Inc
Olmstead Decision and Housing • “Housing” does not appear in the Olmstead decision • “Community placements” or “less restrictive settings” • Where will people affected by Olmstead live? • An affordable housing strategy is essential. • Housing polices, strategies, and practices will need to be changed if Olmstead planning is to succeed
The Housing Implications of the Olmstead Decision • ADA applies to people in institutional settings: people have a right to be accommodated in the community • This means affordable housing as well as supports! • States have an affirmative obligation to offer community-based housing to people in institutional settings and people at-risk • Hundreds of suits pending or resolved • States face fundamental issues and choices in planning Olmstead-related housing options
SSI Benefits • The majority of people covered by the Olmstead decision are people with extremely-low incomes • 5+ million people with disabilities receive Supplemental Security Income (SSI) benefits each month • Delaware - $550 • District of Columbia - $545 • Florida - $545 • Kentucky – $545 • Maryland – $545 • Massachusetts – $659 • New Jersey – $576
Income of People with Disabilities on SSI Median Income 50% of Median Income 18.5% of Median Income
Income of People with Disabilities Receiving SSI Benefits • In 2000, SSI income equal to an hourly rate of $3.23 • SSI equal nationally to 18.5 percent of median income • On average, SSI recipients spent over 98% of income to rent a one-bedroom in 2000 • Delaware – 112.4% • District of Columbia – 143.6% • Florida – 104.4% • Kentucky – 71.4% • Maryland – 117.7% • Massachusetts – 106.7% • New Jersey – 132.3%
Housing Affordability for People with Disabilities • Affordability defined as paying no more than 30-40 percent of income toward housing costs • SSI recipients should pay no more than $160-$220 toward housing costs • SSI recipients need subsidized housing to live in the community
Key Principles of Supportive Housing for People with Disabilities • Housing affordable for people with SSI level incomes – Residents pay 30 percent of income or $160 per month • Choice and control over living environment • Housing must be permanent - tenant/landlord laws apply • Housing “unbundled” from services but linked to services • Supports are flexible and individualized: not defined by a “program” • Integration, personal control, accessibility, and autonomy
Responsibilities of the Housing System • Make housing for people with disabilities a priority • State and local Consolidated Plans mandated by HUD • PHA plans mandated by HUD • Provide resources to ensure affordability and housing quality for the lowest income people • HOME and Community Development Block Grant Funds • Section 8 Housing Choice Voucher Program • Develop housing policies and practices that comply with Fair Housing laws • “Reasonable accommodation” in housing programs and policies • Address housing discrimination
Issues Access to sufficient capital Need for operating subsidies Limitations of McKinney-Vento Opportunities Consolidated Plan and PHA Plan HOME as a source of capital Links with federal Low Income Housing Tax Credits Section 8 vouchers Housing Resource Issues and Opportunities
Responsibilities of Service Systems • Build consumers into planning, implementation, quality management, and evaluation processes • Implement preferred practice models • Convert facility based services to mobile services • Un-bundle service delivery and housing strategies • Assure accessibility and responsiveness • Integrate services across multiple systems • Align financing and incentives with system goals • Coordinate services and supports within supportive housing environments
Housing and Olmstead: The Vision • Interagency approach • Leadership from state housing agencies • Modification of existing policies, programs, and practices • Mix of project based and tenant based approaches which are consistent with consumer preferences and choices • “One-stop shopping” approach to financing - debt free capital and on-going subsidy funding • Facilitated access to accessible units and funding for modifications
Housing and Olmstead: The Vision (2) • Section 8 Housing Choice Vouchers (HCVs) linked to Olmstead-related activities • Transitional or “bridge” rent subsidies • Non-categorical care coordinators for both tenant based and project based models • Access to a range of high quality, culturally competent and clinically appropriate services • Service system availability 24/7 • Cultural of innovation and change • Leadership • Technical assistance support for states
Potential Olmstead Housing Strategies • Apply for new Section 8 vouchers for people with disabilities • Establish a Section 8 waiting list preference for people covered by the Olmstead decision or people leaving restrictive settings • Modify Section 8 voucher policies to help people with disabilities be successful • Example: Use Section 8 HCVs in special housing types • Link Section 8 vouchers to people with Medicaid Home and Community Based Waivers • Fair Share NOFA
Potential Strategies (2) • Establish a list of all housing developed with Low Income Housing Tax Credits and ensure that they accept Section 8 vouchers. • Project-base Section 8 vouchers • Provide incentives for agencies that will target these units to people with disabilities • Develop HOME tenant-based rental assistance program for people covered by the Olmstead decision • Link this program to Section 8 vouchers through a waiting list preference.
Potential Strategies (3) • Use HOME or CDBG funds to create housing for people with incomes at or below 30% of median • Give preference for those agencies that target units to people with disabilities • Link Section 8 project-based assistance to housing developed with HOME funds to ensure affordability for people with the lowest incomes
Potential Strategies (4) • Create a list of all housing developed with HOME, Tax Credit, or other public funds that are required to have accessible units • Develop an interactive accessible housing registry • Set-aside CDBG funds to use for accessibility modifications for people leaving restrictive settings • Use CDBG and HOME funds to cover the down payment and closing costs for a Section 8 homeownership program
Helpful Resources • Available on TAC’s website (www.tacinc.org) • Opening Doors • Olmstead and Supportive Housing: A Vision for the Future • Section 8 Made Simple: Using the Housing Choice Voucher Program to Assist People with Disabilities • Priced Out in 2000 (housing data) • Priced Out in 2002 anticipated in March 2003
Additional Resources • President’s New Freedom Initiative • www.whitehouse.gov/infocus/newfreedom/ • Delivering on the Promise - www.hhs.gov/newfreedom/final/ • US Department of Health and Human Services • www.hhs.gov/newfreedom/ • Office of Civil Rights • www.hhs.gov/ocr/index.html • Center for Medicare & Medicaid Services • www.cms.hhs.gov/newfreedom/