Section 8 Vouchers, Olmstead, New Freedom Initiative and PWD - HUD's

Notice - Info Bull # 79, 2/05

On February 1, 2005, HUD issued a very important NoticePIH 2005-5(HA) at

http://www.hud.gov/offices/pih/publications/notices/05/pih2005-5.pdf.

HUD's Notice ties together Housing Vouchers, Olmstead, Waivers, the New

Freedom Initiative, and the President's Exec.Order 13217, that "promotes

community-based alternatives, rather than institutional settings."

Here is what HUD has told your local Housing Authorities what they must do

and is required for persons with disabilities regarding Housing Vouchers.

1. The Notice says "Sixty days is the minimum voucher term [to search] for

a unit. However, there is no maximum term." While the search terms is not

indefinite, "search terms should be generous to maximize the family's

opportunity to find suitable [accessible] housing."

2. The Notice says Housing Authorities must provide "families with a

disabled person a LIST OF ACCESSIBLE units know to the PHA." Most Housing

Authorities regularly publish a list of units available to Section 8

voucher holders.

Disability advocates must get those lists and check if "accessible"

units are listed (including distribution by unit size) and identified as

accessible. If accessible units are not identified and listed, you must

force them to find and identify such units. If they do not, then the HA

may violate both the ADA and Section 504 because its Housing Voucher

program, "when viewed in the entirety" does not provide "meaningful

access" to disabled persons.

3. The Notice says Housing Authorities "should offer specialized housing

search assistance to families with a disabled person to locate accessible

units if requested."

Disability advocates must push this and have disabled persons

"request" such assistance. Maybe we should give a national award for

"the best" Housing Authority that provides assistance in finding

accessible units.

4. The Notice says Housing Authorities must provide a list of other

agencies, including CILs, P&As, other housing programs that may provide

assistance in "funding for moving expenses or security deposits."

Disability advocates should ask their Housing Authorities for this

list. If none exists, ask your Housing Authority to join you in locating

such assistance, for example, from the federal Community Development Block

Grants or HOME funding, both can and maybe do provide for such expenses.

What about home modification funds?

5. The Notice says Housing Authorities "may provide a preference or a

set-aside for admission of families with a disabled person."

Disability advocates must organize to force your Housing Authority to

establish such preferences and set-asides, including for vouchers that

turn over.

6. The Notice says "To assist persons with disabilities transitioning out

of institutional settings, PHAs are encouraged to contact their State

Medicaid agencies to determine the availability of waivers."

In addition to the vouchers earmarked for disabled persons, a few

years ago, HUD issued a Notice of Funding Availability for nearly 90,000

Fair Share Vouchers. Housing authorities that said they would use 15% for

persons with disabilities and another 3% of the vouchers for persons on a

Waiver, received extra points from HUD.

The Notice says that your Housing Authority must make sure that "all

non-elderly disabled families on a PHA's waiting list have been issued ...

turnover vouchers, and PHA [must have] outreach efforts specifically

directed to non-elderly disabled families."

HUD's Notice further states "FAILURE TO SERVE DISABLED FAMILIES AS

REQUIRED WILL RESULT IN FORFEITURE OF THE VOUCHERS."

Disability advocates must do two things:

First, did your local Housing Authority receive these Fair Share

Vouchers and if yes, did they tell HUD they would use them for either

disabled persons and/or persons on Medicaid Waivers?

Second, if you do not know if your Housing Authority applied and received these Vouchers, AND YOU AGREE (if your Housing Authority did receive them) TO GO TO YOUR HOUSING AUTHORITY TO FIND OUT HOW your Housing Authority AWARDED THE VOUCHERS TO DISABLED PERSONS AND PERSONS ON MEDICAID WAIVERS, send an email to stevegoldada@cs.com and tell me the name of your state and then the city or county Housing Authority. If you will not use this information this way, please do not ask for the information.