Expanding the Availability of Accessible Housing

1. Expanding the Availability of Accessible Housing SILC-NET Presents… A National Teleconference & Webcast Monday, August 11, 2008 3:00 PM – 4:30 PM EDT Ann V. Denton and Sarah Andre Advocates for Human Potential adenton@ahpnet.com/sandre@ahpnet.com

2. Introduction Four major sections: • Housing resources • Collaboration Strategies – Making the Poverty Argument • Collaboration Strategies – It’s the Right Thing to Do • Good Partners - Fostering Effective Partnerships

3. Learning Objectives • Name major sources of federal or state housing funding • Identify effective collaboration strategies with state agencies to expand housing resources for people with disabilities • Select elements to include in your state plan regarding housing • Identify relevant Federal and State housing systems • Recognize potential partners and their scope of jurisdiction • Describe effective and inclusive planning opportunities that are in sync with the direction set by your state

4. Expanding Resources – Where is the money? • Federal money allocated using variety of formulas and plans • In addition, States may have state-funded resources.

5. Expanding Resources – Where is the Money? • HUD Resources: • Consolidated Plan (ConPlan) • Public Housing Authorities (PHAs) • Low Income Housing Tax Credits • Department of Agriculture: • Single-family programs • Multi-family Programs

6. HUD Funding through the Consolidated Planning Process • Consolidated Plan - governs formula allocations from HUD • Must have a three or five year plan • Request major changes to the ConPlan when a new three or five year plan is in the works • This plan MUST include public input

7. Consolidated Plan Programs • The HOME program • Community Development Block Grants • Emergency Shelter Grants • Housing Opportunities for People with AIDS • Housing Choice Vouchers for rural areas (states only) Today, we will focus on HOME.

8. HOME Investment Partnership Program • Owner occupied housing assistance • Rental project assistance • Homebuyer assistance • Tenant based rental assistance • HOME funds available from the state AND through units of local government

9. Owner Occupied Housing Assistance • Used to provide rehabilitation assistance to households at or below 80% of median family income. • This can be used to modify homes for accessibility.

10. Tenant Based Rental Assistance (TBRA) • Similar to Housing Choice Voucher (HCV) program, only without the long waiting lists • Funding limited to 24 months • Dollars can be used to “bridge” to HCV

11. HUD Funding – Working with Public Housing Authorities (PHAs) • PHAs control bulk of resources HUD supplies to communities for affordable housing • Housing Choice Voucher program (aka Section 8) is targeted to people at the lowest levels of income • Organization MUST operate their own housing units, or operate a Housing Choice Voucher program, or both.

12. Public Housing Authority Resources • Public Housing • Existing Section 8 HCV rent subsidies • New public housing resources – HOPE VI • New Section 8 HCV rent subsidies • Can use Section 8 HCV rent subsidies for homeownership • Can use up to 20% of Section 8 for project based rental assistance

13. Public Housing Authorities • Must seek input on their plans annually • Provide written comment and testimony to PHA boards to make case for inclusion • Encourage them to • apply for voluntary programs, such as “mainstream housing vouchers” or to allow the use of HCVs for home ownership • Use local preferences to prioritize groups

14. Low Income Housing Tax Credits • Best resource for housing development • Hire an experienced tax credit consultant • Must be used for new construction, rehabilitation, or acquisition and rehabilitation

15. Low Income Housing Tax Credits – Project Requirements • 20 percent or more of the residential units in the project are both rent restricted and occupied by individuals whose income is 50 percent or less of area median gross income or • 40 percent or more of the residential units in the project are both rent restricted and occupied by individuals whose income is 60 percent or less of area median gross income.

16. Low Income Housing Tax Credits – Project Requirements, cont. • Properties receiving tax credits must remain affordable for 30 years • Tax Credits are NOT targeted to people who are homeless or any special needs groups. • Must hold annual hearings and public comment periods for the Qualified Allocation Plan.

17. Department of Agriculture Housing and Community Facilities Programs Single Family Home Programs • Direct 502 Loans • Guaranteed 502 Loans Repair • Rehabilitation Loans Housing Preservation Grants • Repairs and rehabilitation • Only for towns with less than 20,000 in population.

18. Department of Agriculture Housing Programs, cont. Multi-Family Housing • Rural Rental Housing Loans (Section 515 housing). • Guaranteed Rental Housing Loans • Rental assistance

19. Questions?

20. Collaboration Strategies • Making the poverty argument is good for CILs and their customers. CILS can be good partners for affordable housing organizations. • It is the right thing to do

21. Collaboration Strategies – Making the “Poverty Argument” • Low Income households • at or below 80% of area median family income (AMFI). This is set annually, is scaled for household size, and varies by community. • Very Low Income households • at or below 50% of AMFI, • Extremely Low Income households • at or below 30% of AMFI

22. Collaboration Strategies – Making the “Poverty Argument”, cont. • Median income is the indicator most government housing programs use to set eligibility requirements • Most HUD programs are “set” to serve households at 80% of median income • With incomes at 18.2% of median, SSI recipients are one of the lowest-income groups eligible for federal housing assistance.

23. Collaboration Strategies – Making the “Poverty Argument”, cont.

24. Collaboration Strategies – Making the “Poverty Argument”, cont. Using HUD’s own definitions and rules, it becomes possible to make the poverty argument: The housing problems of people with disabilities are MORE about POVERTY than disability.

25. Collaboration Strategies – Making the “Poverty Argument”, cont. Specific requests might include: • Allocation of 25% of HOME funds for extremely low income households • Dedication of HOME funds to subsidize tax credit properties • lowering costs for a percentage of units, making them affordable for households at extremely low income levels

26. Collaboration Strategies – Making the “Poverty Argument”, cont. Targeting resources towards households in poverty will benefit many groups • Advocates for the homeless • Groups focused on addressing poverty • Community Action Agencies • Advocates for people who are elderly • Affordable housing organizations

27. Develop “In House” Expertise in Housing • Create database of housing market conditions • Make sure CILs in your state know about set-asides • Provide input to HUD ConPlans at state and local level • Provide assistance to CILs in understanding their housing markets and opportunities for collaboration • Work with state housing finance agencies to develop working partnerships • Develop fact sheets describing the disconnect between federal funding for affordable housing and real poverty.

28. Collaboration Strategies – “It’s the right thing to do” The Americans with Disabilities Act (ADA), the Fair Housing Act, Section 504 of the Rehabilitation Act of 1973, as well as case law such as Olmstead and Cason v. Rochester

29. Collaboration Strategies – “It’s the right thing to do”, cont. Section 504 of the Rehabilitation Act • No one can be denied the right to participate or benefit from programs on the basis of disability. • Section 504 also protects individuals from being placed in a separate program for disabled persons simply because of the disability.

30. Collaboration Strategies – “It’s the right thing to do”, cont. Fair Housing Act • No one may take any of the following actions based on race, color, national origin, religion, sex, familial status or handicap: • Refuse to rent or sell housing • Refuse to negotiate for housing • Make housing unavailable • Deny a dwelling • Set different terms, conditions or privileges for sale or rental of a dwelling http://www.hud.gov/offices/fheo/FHLaws/yourrights.cfm

31. Collaboration Strategies – “It’s the right thing to do”, cont. • Provide different housing services or facilities • Falsely deny that housing is available for inspection, sale, or rental • For profit, persuade owners to sell or rent (blockbusting) • Deny anyone access to or membership in a facility or service (such as a multiple listing service) related to the sale or rental of housing.

32. Collaboration Strategies – “It’s the right thing to do”, cont. Case law: Olmstead v. LC • Supreme Court decision that reinforced ADA and further mandated that people with disabilities live in the most integrated setting possible

33. Collaboration Strategies – “It’s the right thing to do”, cont. “The courts have held that tenants are free to meet the obligations of tenancy with or without assistance. Just as a tenant may hire a maid to clean the house, so may he or she rely on family members, social service workers or paid service providers.” Bazelon Center for Mental Health Law. (2004). “The Illegality of ‘Independent Living’ Requirements in Rental Housing, Assisted Living Center and Continuing Care Retirement Communities.” Fact Sheet. www.bazelon.org.

34. Collaboration Strategies – “It’s the right thing to do”, cont. After the 1990 Cason decision, HUD changed its rules for senior housing and public housing. Ability to live independently is no longer a requirement in these publicly funded programs.

35. Collaboration Strategies – “It’s the right thing to do”, cont. People with disabilities have the right to… • Live in the community • Rent or buy housing on the same terms as others (without any special conditions or agreements) • Request reasonable accommodation for disability when needed. • Have the same rights to housing units as any other tenant (assuming use of a standard lease)

36. Collaboration Strategies – Making the “Right Thing To Do” Argument • Federal law and case law reinforce these rights • A collaboration can be built on implementation of federal law and policy • Housing officials are compelled by law to uphold these rights. • Every housing jurisdiction must complete, as part of its planning process, an Analysis of Impediments to Fair Housing

37. Collaboration Strategies – How Can SILCs Support This? • Have accurate information about housing needs • Provide an analysis of how (if) current practices are having a discriminatory effect on people with disabilities • Do a review of the stock of publicly-assisted housing and assess degree of accessibility and affordability • Publish a “report card” for public and legislative (or City Council) distribution

38. Collaboration Strategies – How Can SILCs Support This? • Create a fact sheet – “Tips for Completing the Analysis of Impediments to Fair Housing” – targeted to housing officials • Educate customers and decision makers about federal laws and case law

39. Questions?

40. Good Partners Potential partners or allies include: • State housing finance agency • State department of community affairs • State Olmstead committee • State Council on Homelessness • State/Regional HUD office

41. Strategies to Meet Potential Partners • Attend state housing conferences • Attend local and state public hearings • Look for and join trade associations (affordable housing developers) • Attend state conference on homelessness

42. Good Partners Memoranda of Understanding/Agreement (MOUs/MOAs) can be useful in: • Setting forth mutual goals • Identifying specific activities • Understanding how each party will be accountable to the other • Recognizing good opportunities for publicity

43. Good Partners, cont. • Cross-training is another opportunity for good partners to interact • Housing agencies can provide training to CILs on eligibility requirements, procedures, ways to streamline the process, etc.

44. Good Partners, cont. CILs can use cross training as an opportunity to create advocates within housing agencies. Presenting poverty and housing needs information, and presenting “success stories” are effective strategies.

45. Questions?