James Yates Technical Assistance Collaborative Inc. tacinc

1. Affordable and Accessible HousingStrategies to Access Affordable Housing for Persons with Disabilities James Yates Technical Assistance Collaborative Inc. www.tacinc.org Disability Program Navigator, Audio Conference Series April 15, 2004

2. AGENDA • Housing Affordability for Persons with Disabilities • Major Federal Housing Programs - What they are? - Strategies to access these programs for persons with disabilities. • Other Housing Efforts in Your Community

3. Housing Needs and Housing Affordability Priced Out in 2002 Study • Released on May 30, 2002 • Compares SSI income to housing costs • Nationally • By state • Locally in 2,702 housing market areas • Housing crisis for people with disabilities receiving SSI is worse than 2 years ago

4. Housing Needs and Housing Affordability Priced Out in 2002 Findings • SSI means extreme poverty • Nationally, SSI income equal to 18 percent of median income • Average one bedroom rent is 105 percent of monthly SSI • Average studio rent is 89 percent of monthly SSI • SSI equal to earning $3.43 per hour • From 2000-2002, rents rose twice as fast as SSI cost-of-living adjustments • Only subsidized housing assistance can close the “housing affordability gap” for people with mental illness

5. Housing Needs and Housing Affordability • IF affordability is defined as paying no more than 30-40 percent of income towards housing costs • THEN SSI recipients should pay no more than $160-$220 towards housing costs • SSI recipients need subsidized housing programs – such as Section 8 (Housing Choice Voucher Program).

6. Federal Affordable Housing Programs • Key federal housing subsidy programs • Housing Choice Voucher Program (Section 8) • Public Housing • Privately Owned HUD Assisted Housing • McKinney Homeless Assistance programs for Homeless People with Disabilities (Shelter Plus Care program, Supportive Housing Program, Section 8 SRO program) • Section 811 Supportive Housing for Persons with Disabilities program • Other federal affordable housing program • Consolidated Plan Programs (HOME, CDBG, HOPWA) • Low Income Housing Tax Credit Program

7. Housing Choice Voucher (Section 8) Program • Over 2,600 Public Housing Agencies administer Section 8 programs • Largest federal housing program • Provides a “rent subsidy” based on (1) household income and (2) the cost of housing • Many PHAs have a poor Section 8 “success” rates • New “use it or lose it” HUD policy • PHAs with utilization <97% can’t apply for new vouchers • Even if waiting lists are long! • Over 60,000 vouchers available for people with disabilities since 1997. • Over 470 PHAs have these vouchers. • PHAs not required to apply for them. • Non-profits can apply for a small number of vouchers each year. • List of these vouchers are available on TAC’s website.

8. Benefits of Section 8 • People can rent/own housing of their choice in communities of their choice • It is permanent, long-term, and affordable • It is independent housing which can be linked with – but is separate from – flexible services and supports

9. How Does the Section 8 Program Actually Work? • Households apply to get on PHA Section 8 waiting list – sometimes lists are closed! • Once selected from the waiting list, household is “issued” a Section 8 voucher • Household has 60-120 days (or more) to search for housing which meets Section 8 requirements • Rent is within Fair Market Rent limits • Rent is “reasonable” based on market • Unit passes Housing Quality Standards inspection • Landlord agrees to accept Section 8 payments • PHA subsidy paid directly to landlord • Tenant rent paid directly to landlord

10. Other Section 8 Rules • Tenants will pay between 30 and 40 percent of income upon move-in • Tenant may pay more than 40 percent only if required by a rent increase • When tenant moves, voucher moves with them (tenant based assistance) • Section 8 voucher is “portable” anywhere in the U.S. – One year geographic restriction adopted by PHA policy • Income targeting - 75% of a PHA’s Section 8 vouchers must be provided to households below 30% of median income (Some PHAs seek exceptions to this rule)

11. Reasonable Accommodation and Reasonable Modification • Reasonable Accommodation • A change in rules, policies, practices, or services that may be necessary to provide a person with a disability an equal opportunity to obtain housing and to use and enjoy her home. • Examples: PHA allowing Section 8 vouchers to be used in congregate housing. • Reasonable Modification • Allow a person with a disability to alter their rental housing to meet his/her unique needs. • Examples of a modification: Installing a ramp or a roll-in shower.

12. Strategies to Access the Section 8 Program • Outreach • Accepting Applications • Waiting List Preferences • Screening Criteria • Payment Standards • Voucher Size • Housing Search Assistance

13. Outreach Outreach • Notifying the disability community before opening the Section 8 waiting list. • Providing training on the Section 8 application process to the disability community and other interested parties.

14. Accepting Applications • Providing applications in Braille, large print, and alternative formats. • Providing assistance to complete the application. • Allowing applications to be dropped off by a friend, family member, advocate, etc. • Allowing applications to be mailed or faxed. • Visiting the applicant’s home in order to complete an application. • Allowing additional time to submit an application. • Allowing secondary contact person to be listed on the application.

15. Waiting List Preferences • Allowable preferences for: • People with disabilities • People who are homeless • People in transitional housing • People receiving state-funded supportive services • People with Medicaid Waivers • People receiving “Bridge” subsidies • People covered by the Olmstead decision

16. Screening Criteria • Mandatory lifetime ban on assistance to persons convicted of manufacturing methamphetamines and/or registered sex offenders. • PHA may screen for other violent criminal activity. • However, as a reasonable accommodation: • PHA may consider the severity of crime, extent of culpability, evidence of rehabilitation, mitigating circumstances related to disability of family member . • Allow for extra time to gather documentation for verification and screening purposes.

17. Payment Standards (PS) • PHA may set the rent standard (PS) between 90-110% of Fair Market Rent (FMR) • There are exceptions: • PHA may provide an exception PS for a person with a disability up to 110% of FMR. • PHA may request an exception PS up to 120% from HUD Field Office as a reasonable accommodation for a person with a disability. • PHA may request an exception PS above 120% of FMR from HUD HQ as a reasonable accommodation for a person with a disability.

18. Voucher Size • Most PHAs allow • 1 bedroom for 1-2 persons. • Additional bedroom(s) for persons of different sex, age. • PHAs must provide for exceptions as reasonable accommodation. • Example: Live-in Aide • Example: Medical equipment • PHA may also provide exception utility allowance as a reasonable accommodation.

19. Housing Search Assistance • PHAs can: • Provide extensions on housing search times (even beyond 120 days). • Assist applicants gain access to supportive services. • Identify funding sources for cost of unit modifications. • Provide search assistance. • Provide higher PS for accessible units provide TA to owners on reasonable accommodation.

20. Public Housing • Public Housing Agencies (PHA) also operate Public Housing units. • There are over 3,200 PHAs nationally • Some States are PHAs (See Opening Doors #22) • Some County PHAs • Local PHAs • Approximately 550,000 studio and one bedroom Public Housing units • 100,000 units now converted to “elderly only” housing • To apply, persons with disabilities should contact their local PHA. (see HUD Website)

21. Privately Owned HUD Assisted Housing • This type of rental housing is owned by private landlords and has a HUD rental subsidy attached to the unit. • Approximately 550,000 studio and one bedroom units • At least 300,000 converted to “elderly only” • HUD maintains a database of HUD assisted housing on its website. • To apply, persons with disabilities should contact the specific building and its management company.

22. McKinney Homeless Assistance Programs • McKinney funds include the Supportive Housing Program, the Shelter Plus Care Program and the Section 8 Moderate Rehab SRO Program. • All of these programs can be used to create permanent housing for disabled homeless individuals and families. (typically attached to services) • McKinney funds create more than 10,000 new subsidies per year. • Contact the Continuum of Care in your community to locate these targeted housing resources.

23. Section 811 Supportive Housing for Persons with Disabilities Program • Two components – tenant-based and project-based • Competitively awarded through the HUD Super NOFA • 1,800 new units developed each year • 2,000 new rent tenant-based subsidies each year • Project-based provides capital and operating support • Tenant-based (Mainstream Vouchers) provide rental subsidy targeted to persons with disabilities • HUD provides a database of 811 funded projects on its website. • TAC provides a list of PHAs and nonprofits that administer Mainstream vouchers. • To apply, persons with disabilities should contact the specific building/ management company for projects and either the PHA or Non-Profit for the Mainstream vouchers.

24. Other Federal Housing Programs • HUD’s Consolidated Plan Resources • HOME Program • Community Development Block Grant • Housing Opportunities for People with AIDS (HOPWA) • Emergency Shelter Grant (ESG) • U.S. Department of the Treasury – Internal Revenue Service’s Low Income Housing Tax Credit Program • State Housing Agencies administer these tax credit resources that support the development of affordable housing. • The Qualified Allocation Plan (QAP) determines how a State will use these TC resources.

25. HUD’s Consolidated Plan • The ConPlan controls 4 HUD programs • HOME program • Community Development Block Grant program • Housing Opportunities for Persons with AIDS • Emergency Shelter Grant program • States and “entitlement communities” (CDBG) and/or “participating jurisdictions (HOME) cannot receive these funds unless they have a HUD approved ConPlan

26. Sample Consolidated Plan Funds For more information, see HUD’s Community Planning and Development Program 2003 Formula Allocations online: http://www.hud.gov/offices/cpd/about/budget/budget03/index.cfm

27. The Consolidated Plan and HOME Funding • HOME is the largest federal block grant to State and local government used exclusively to create affordable housing for low income households • HOME funds are prioritized and made available through the HUD mandated Consolidated Plan process • HOME funds can be used for: • Rental housing acquisition and/or rehabilitation • New construction of rental housing • Tenant based rental assistance • Homeownership activities

28. How the HOME Program Really Works! • Most HOME funding is spent on households above 30 percent of median income (NOTE: SSI = to 18 percent of median) • Almost half of HOME funds are spent on homeownership programs • HOME funded rental housing must remain “affordable” for 5-20 years, depending on circumstances • Most “affordable” rental housing developed with HOME funds is not affordable to the lowest income households (e.g. 1 BR HOME rent in Phoenix @ $500+) • HOME must be linked with HUD McKinney-Vento programs, Section 8 vouchers, or used as tenant based rental assistance in order to ensure affordability for most persons with disabilities

29. Getting Involved • Contact CD officials in charge of ConPlan to learn: • The annual schedule for submission to HUD • The amount of HOME funding (and CDBG) • Citizen Participation Plan requirements and process for “consultation” with service providers • Get copies of: • 5 year housing strategy • One Year Action Plans • Citizen Participation Plan and Performance Reports • Identify what affordable housing is being created with ConPlan funds and learn about how to access these units.

30. Low Income Housing Tax Credit Program • Low Income Housing Tax Credits – Cover up to 40 percent of rental housing development costs • The Qualified Allocation Plan (QAP) determines how a State will use the Tax Credit resources. (i.e. preferences and set-asides) • Most “affordable” rental housing developed with tax credits are not affordable to the lowest income households • Tax credit projects must also be linked with HUD McKinney-Vento programs, Section 8 vouchers, or used as tenant based rental assistance in order to ensure affordability for persons with disabilities in these units. • Contact your State’s HFA to find out where these tax-credit financed rental housing is located. • To apply, persons with disabilities should contact the specific building and its management company.

31. Other Housing Efforts in Your Community • State Affordable Housing Coalitions • Community Development Corporations • Local Housing Counseling Agencies (database available on HUD website) • National Nonprofits (i.e. LISC, CSH, NRC) • Refer to Related Documents for Useful Websites.