SECTION 504 AND THE ELDERLY

1. SECTION 504 AND THE ELDERLY

2. SYNOPSIS OF 504 AND LAWS • FAIR HOUSING • REASONABLE ACCOMODATIONS • ADA: NEW PROVISIONS APPLICABLE. BASICALLY EVERYTHING QUALIFIES • CAN’T DISCRIMINATE • MUST DEAL WITH DISABILITIES

3. PHA CLIENTS • MANY ARE BECOMING ELDERLY • THEY HAVE SAME PROBLEMS • MAY NOT BE ABLE TO RECOGNIZE THEM AND ASK FOR ASSISTANCE • MANAGEMENT MUST TAKE PROACTIVE STEPS • KNOW YOUR TENANTS • DON’T WAIT TO TRY TO OFFER ASSISTANCE

4. COMMON AREAS OF CONCERN • DEMENTIA • DISORIENTATION • FORGETFULNESS • ABILITY TO UNDERSTAND AND COMPREHEND • SOCIAL SERVICE ASSISTANCE • HEARING • SIGHT

5. MORE COMMON PROBLEMS • MOBILITY • CARE GIVERS (INCLUDING LIVE-IN AIDES) • SAFETY ISSUES: FIRES, ABILITY TO SUMMON HELP • ABILITY TO GET TO THE OFFICE • MEDICATION ISSUES

6. MORE EXAMPLES • HEALTH CONDITIONS AFFECTING ELDERLY • WALKING, MANUAL TASKS, LEARNING, COMMUNICATING, BREATHING, EATING, WASHING AND DRESSING • TAKING CARE OF ONE’S AFFAIRS • PAYING BILLS, MANAGING FINANCIAL MATTERS • UNDERSTANDING RULES AND REGULATIONS

7. ARE THESE DISABILITIES? • ANY OF THESE COULD BECOME A DISABILITY COVERED UNDER THE ACT. • ANY OF THEM COULD AFFECT SAFETY OF THE RESIDENTS, AND OTHERS • REASONABLE ACCOMODATIONS MAY BE NECESSARY IN MOST CASES

8. DETERMINING SPECIAL NEEDS • DON’T ASK: • HEALTH OR MEDICATIONS • LIVE INDEPENDENTLY? • NEED HELP WITH DAILY ACTIVITIES • USE TOILET BY SELF • GET IN AND OUT OF BED BY SELF

9. CAN’T REQUIRE • PHYSICAL EXAMINATION • PRODUCTION OF MEDICAL RECORDS • EVALUATION BY STAFF • SIGNING MEDICAL RELEASE • MENTAL TESTS: COUNTING BACKWARDS, ETC

10. EXCEPTION • IF HOUSING ONLY FOR DISABLED • IF HOUSING HAS A PREFERENCE • ASK QUESTIONS ONLY ABOUT THOSE SPECIFIC AREAS.

11. YOU CAN ASK • CAN YOU ABIDE BY LEASE AND MAKE PAYMENTS • REFERENCES • KEEP HOME CLEAN? • CRIMINAL RECORDS • DIRECT THREAT TO SAFETY OF OTHERS? • AGE: IF HOUSING FOR ELDERLY AND NEAR ELDERLY

12. REMEMBER • YOU CAN AND SHOULD ASK THE PRECEDING QUESTIONS OF ALL APPLICANTS • THE PERSON (APPLICANT OR TENANT) MUST BE CAPABLE OF UNDERSTANDING WHAT YOU ARE TALKING ABOUT • LISTEN AND OBSERVE • ASK IF THEY NEED ANY SPECIAL ACCOMODATIONS TO MAKE THEM SUCCESSFUL TENANT • REMIND THEM ABOUT NOTIFYING YOU OF ANY SPECIAL NEEDS AND YOUR PROCESS OF EVALUATING NEEDS REQUESTS

13. RESIDENT ISSUES • CANNOT EVICT BECAUSE RESIDENT DEVELOPS A DISABILITY SO LONG AS THEY CAN COMPLY WITH THE LEASE AND TERMS OF TENANCY • MOVING TO ACCESSIBLE UNIT • RESIDENT SHOULD REQUEST • PROCESS REQUEST • FOLLOW YOUR POLICIES

14. TENANT REQUIREMENTS • DISABILITY DOES NOT EXCUSE LEASE VIOLATIONS • RENT PAYMENTS, CHARGES WHEN DUE, NOTIFYING OFFICE OF CHANGES • MAINTAINING CLEANLINESS • NOT VIOLATE LEASE, DISTURBING PEACE • DAMAGE TO PREMISES • NOISE RESTRICTIONS • PET RESTRICTIONS

15. ASSISTANCE ANIMALS • ASSISTANCE ANIMAL IS NOT A PET • HAVE SEPARATE ASSISTANCE ANIMAL POLICY • STILL HAVE TO MAINTAIN SANITATION • PHA CAN HAVE SOME RESTRICTIONS • FOLLOW THE LAW IN VERIFICATION • NEW TREND IS COMFORT ANIMALS

16. 504 AND ADA ISSUES • RENT PAYMENT: MAYBE MID MONTH NOTICE, GOING TO APARTMENT TO COLLECT RENT • FIRES IN KITCHEN: MICROWAVE, AUTOMATIC SHUT OFF. (DON’T WAIT UNTIL THEY REQUEST THIS ONE!!!!!) • BAD HOUSEKEEPING: SUGGEST ASSISTANCE CARE GIVER, MORE VISITS, SOCIAL AGENCY ASSISTANCE

17. OTHER REQUESTS • SPECIAL PARKING • ACCESS RAMPS: MUST COMPLY WITH STANDARDS • VISITORS STAYING IN EXCESS OF LEASE PROVISIONS • TENANT SUPPLIED IMPROVEMENTS

18. REASONABLE ACCOMODATIONS • MUST BE REQUESTED BY THE TENANT • WITHOUT REQUEST, YOU DO NOT HAVE TO PROVIDE • BUT BE AWARE OF SAFETY CONCERNS • MAY BE REQUESTED EVEN THROUGH THE EVICTION PROCESS • CANNOT ENFORCE USING YOUR FORM • BE SURE THE FORM DOES NOT VIOLATE THE LAW

19. MORE ACCOMODATIONS • ASK RESIDENT TO SPECIFY THE ACCOMODATION NEEDED ON THE FORM • THE ACCOMODATION MUST BE RELEVANT TO THE DISABILITY: PARKING NEAR BUILDING FOR A HEARING IMPAIRED PERSON • LARGE PRINT LEASE FOR SIGHT IMPAIRED • VISITOR NOTIFICATION FOR HEARING IMPAIRED

20. VERIFICATION OF DISABILITY • YOUR OWN OBSERVATIONS • DOCTOR’S NOTE: NOT FORGERY!! • RELEVANT: CENTRAL AIR VS. WINDOW UNIT • THIRD PARTY WHO KNOWS INDIVIDUAL • PERSON OR FAMILY MEMBER

21. IF NOT OBVIOUS • REQUEST FOR PET/ASSISTANCE ANIMAL: MAY ASK FOR VERIFICATION THAT THERE IS A DISABILITY. IF NOT WOULD BE A PET. • ASK FOR INFORMATION TO SHOW THE NEED FOR A DISABILITY-RELATED ANIMAL.

22. MAKING CHANGES OR DENYING • UP TO PHA AFTER ASSESSMENT • MINOR COSTS SHOULD NOT BE AN ISSUE • STAFF TIME TO PROCESS IS NOT AN ISSUE • CANNOT REQUIRE A FUNDAMENTAL CHANGE IN YOUR OPERATIONS: TRANSPORTATION TO DOCTOR, DRUG STORE, ETC., UNLESS PROVIDED TO OTHERS • ALTERATIONS TO UNIT COSTS

23. BUT OFFER ALTERNATIVES • CARE GIVER • LIVE IN AIDE • CONTACTING SOCIAL SERVICE AGENCIES • SUGGEST VOLUNTEER AGENCIES ASSISTANCE

24. CONCLUSION • EDUCATE YOURSEL AND STAFF ON NEEDS OF ELDERLY • REMEMBER THEY MAY NOT ALWAYS BE CAPABLE OF DETERMINING THEY NEED AN ACCOMODATION • ACCOMODATIONS MAY BE NECESSARY TO MAINTAIN SAFETY OF TENANT AND OTHER TENANTS

25. AND FINALLY • STRESS UPON TENANTS YOUR POLICY FOR REQUESTING ASSISTANCE • TREAT ALL TENANTS THE SAME • DO NOT DELAY IN ANSWERING OR ADDRESSING THEIR REQUEST • ASK QUESTIONS FROM ATTORNEY OR HUD IF YOU HAVE A BORDERLINE ISSUE: COSTS, CHARGES, ETC.