Expanding the Availability of Accessible Housing

SILC-NET Presents… A National SILC-NET Presents… A National Teleconference & Webcast Teleconference & Webcast

Monday, August 11, 2008Monday, August 11, 20083:00 PM – 4:30 PM EDT3:00 PM – 4:30 PM EDT

Ann V. Denton and Sarah Andre Ann V. Denton and Sarah Andre Advocates for Human PotentialAdvocates for Human Potential

[email protected]/[email protected]@ahpnet.com/[email protected]

Expanding the Expanding the Availability of Accessible Availability of Accessible

HousingHousing

IntroductionIntroduction

Four major sections:Four major sections:

1.1. Housing resourcesHousing resources

2.2. Collaboration Strategies – Making the Collaboration Strategies – Making the Poverty ArgumentPoverty Argument

3.3. Collaboration Strategies – It’s the Right Collaboration Strategies – It’s the Right Thing to DoThing to Do

4.4. Good Partners - Fostering Effective Good Partners - Fostering Effective PartnershipsPartnerships

Learning ObjectivesLearning Objectives

Name major sources of federal or state housing fundingName major sources of federal or state housing funding Identify effective collaboration strategies with state Identify effective collaboration strategies with state

agencies to expand housing resources for people with agencies to expand housing resources for people with disabilitiesdisabilities

Select elements to include in your state plan regarding Select elements to include in your state plan regarding housinghousing

Identify relevant Federal and State housing systems Identify relevant Federal and State housing systems Recognize potential partners and their scope of Recognize potential partners and their scope of

jurisdictionjurisdiction

Describe effective and inclusive planning opportunities Describe effective and inclusive planning opportunities that are in sync with the direction set by your statethat are in sync with the direction set by your state

Expanding Resources – Where Expanding Resources – Where is the money? is the money?

Federal money allocated using Federal money allocated using variety of formulas and plansvariety of formulas and plans

In addition, States may have In addition, States may have state-funded resources.state-funded resources.

Expanding Resources – Where Expanding Resources – Where is the Money? is the Money?

HUD Resources:HUD Resources:– Consolidated Plan (ConPlan)Consolidated Plan (ConPlan)– Public Housing Authorities (PHAs)Public Housing Authorities (PHAs)

Low Income Housing Tax CreditsLow Income Housing Tax Credits

Department of Agriculture: Department of Agriculture: – Single-family programsSingle-family programs– Multi-family ProgramsMulti-family Programs

HUD Funding through the HUD Funding through the Consolidated Planning ProcessConsolidated Planning Process

Consolidated Plan - governs formula Consolidated Plan - governs formula allocations from HUDallocations from HUD

Must have a three or five year plan Must have a three or five year plan

Request major changes to the Request major changes to the ConPlan when a new three or five ConPlan when a new three or five year plan is in the worksyear plan is in the works

This plan MUST include public input This plan MUST include public input

Consolidated Plan ProgramsConsolidated Plan Programs

The HOME programThe HOME program

Community Development Block GrantsCommunity Development Block Grants

Emergency Shelter Grants Emergency Shelter Grants

Housing Opportunities for People with Housing Opportunities for People with AIDSAIDS

Housing Choice Vouchers for rural areas Housing Choice Vouchers for rural areas (states only)(states only)

Today, we will focus on HOME. Today, we will focus on HOME.

HOME Investment Partnership HOME Investment Partnership Program Program

Owner occupied housing assistanceOwner occupied housing assistance

Rental project assistanceRental project assistance

Homebuyer assistanceHomebuyer assistance

Tenant based rental assistanceTenant based rental assistance

HOME funds available from the state HOME funds available from the state

ANDAND through units of local governmentthrough units of local government

Owner Occupied Housing Owner Occupied Housing AssistanceAssistance

Used to provide rehabilitation Used to provide rehabilitation assistance to households at or assistance to households at or below 80% of median family below 80% of median family income. income.

This can be used to modify homes This can be used to modify homes for accessibility.for accessibility.

Tenant Based Rental Assistance Tenant Based Rental Assistance (TBRA)(TBRA)

Similar to Housing Choice Similar to Housing Choice Voucher (HCV) program, only Voucher (HCV) program, only without the long waiting listswithout the long waiting lists

Funding limited to 24 monthsFunding limited to 24 months

Dollars can be used to “bridge” to Dollars can be used to “bridge” to HCVHCV

HUD Funding – Working with HUD Funding – Working with Public Housing Authorities Public Housing Authorities (PHAs)(PHAs) PHAs control bulk of resources HUD PHAs control bulk of resources HUD

supplies to communities for affordable supplies to communities for affordable housinghousing

Housing Choice Voucher program (aka Housing Choice Voucher program (aka Section 8) is targeted to people at the Section 8) is targeted to people at the lowest levels of income lowest levels of income

Organization MUST operate their own Organization MUST operate their own housing units, or operate a Housing housing units, or operate a Housing Choice Voucher program, or both. Choice Voucher program, or both.

Public Housing Authority Public Housing Authority ResourcesResources

Public HousingPublic Housing

Existing Section 8 HCV rent subsidiesExisting Section 8 HCV rent subsidies

New public housing resources – HOPE VINew public housing resources – HOPE VI

New Section 8 HCV rent subsidiesNew Section 8 HCV rent subsidies

Can use Section 8 HCV rent subsidies forCan use Section 8 HCV rent subsidies for homeownershiphomeownership

Can use up to 20% of Section 8 for projectCan use up to 20% of Section 8 for project based rental assistancebased rental assistance

Public Housing AuthoritiesPublic Housing Authorities

Must seek input on their plans annually Must seek input on their plans annually

Provide written comment and testimony Provide written comment and testimony to PHA boards to make case for to PHA boards to make case for inclusioninclusion

Encourage them to Encourage them to – apply for voluntary programs, such as apply for voluntary programs, such as

“mainstream housing vouchers” or to allow “mainstream housing vouchers” or to allow the use of HCVs for home ownership the use of HCVs for home ownership

– Use local preferences to prioritize groupsUse local preferences to prioritize groups

Low Income Housing Tax Low Income Housing Tax CreditsCredits

Best resource for housing developmentBest resource for housing development

Hire an experienced tax credit consultantHire an experienced tax credit consultant

Must be used for new construction, Must be used for new construction, rehabilitation, or acquisition and rehabilitation, or acquisition and rehabilitationrehabilitation

Low Income Housing Tax Low Income Housing Tax Credits – Project RequirementsCredits – Project Requirements

20 percent or more of the residential units in 20 percent or more of the residential units in thethe

project are both rent restricted and occupied byproject are both rent restricted and occupied by individuals whose income is 50 percent or lessindividuals whose income is 50 percent or less of area median gross income of area median gross income

oror 40 percent or more of the residential units in40 percent or more of the residential units in the project are both rent restricted and the project are both rent restricted and occupied by individuals whose income is 60 occupied by individuals whose income is 60 percent or less of area median gross income. percent or less of area median gross income.

Low Income Housing Tax Low Income Housing Tax Credits – Project Requirements, Credits – Project Requirements, cont.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.

Department of Agriculture Department of Agriculture Housing and Community Facilities Housing and Community Facilities ProgramsPrograms

Single Family Home ProgramsSingle Family Home Programs– Direct 502 Loans – Guaranteed 502 Loans Repair – Rehabilitation Loans

Housing Preservation GrantsHousing Preservation Grants– Repairs and rehabilitation Repairs and rehabilitation – Only for towns with less than 20,000 Only for towns with less than 20,000

in population.in population.

Department of Agriculture Department of Agriculture Housing Programs, cont.Housing Programs, cont.

Multi-Family HousingMulti-Family Housing– Rural Rental Housing Loans (Section Rural Rental Housing Loans (Section

515 housing). 515 housing). – Guaranteed Rental Housing LoansGuaranteed Rental Housing Loans– Rental assistance

Questions?Questions?

Collaboration StrategiesCollaboration Strategies

Making the poverty argument is Making the poverty argument is good for CILs and their good for CILs and their customers. CILS can be good customers. CILS can be good partners for affordable housing partners for affordable housing organizations.organizations.

It is the right thing to doIt is the right thing to do

Collaboration Strategies – Collaboration Strategies – Making the “Poverty Argument”Making the “Poverty Argument”

Low Income householdsLow Income households– at or below 80% of area median family at or below 80% of area median family

income (AMFI). This is set annually, is scaled income (AMFI). This is set annually, is scaled for household size, and varies by community.for household size, and varies by community.

Very Low Income householdsVery Low Income households– at or below 50% of AMFI, at or below 50% of AMFI,

Extremely Low Income householdsExtremely Low Income households– at or below 30% of AMFIat or below 30% of AMFI

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

Median income is the indicator most Median income is the indicator most government housing programs use to set government housing programs use to set eligibility requirements eligibility requirements

Most HUD programs are “set” to serve Most HUD programs are “set” to serve households at 80% of median income households at 80% of median income

With incomes at 18.2% of median, SSI With incomes at 18.2% of median, SSI recipients are one of the lowest-income recipients are one of the lowest-income groups eligible for federal housing groups eligible for federal housing assistance. assistance.


LocationLocation HUD Low HUD Low IncomeIncome

(one person) (one person)

Federal Poverty Federal Poverty Level (one Level (one

person)person)

Atlanta, GAAtlanta, GA $39,850$39,850 $10,400$10,400

Topeka, KSTopeka, KS $33,800$33,800 $10,400$10,400

Medford, ORMedford, OR $29,600$29,600 $10,400$10,400

Madison, WIMadison, WI $35,650$35,650 $10,400$10,400


Using HUD’s own definitions and rules, it becomesUsing HUD’s own definitions and rules, it becomes possible to make the poverty argument:possible to make the poverty argument:

The housing problems of people with The housing problems of people with disabilities are MORE about POVERTY disabilities are MORE about POVERTY

than disability.than disability.

Collaboration Strategies – Collaboration Strategies – Making the “Poverty Argument”, Making the “Poverty Argument”, cont.cont.Specific requests might include:Specific requests might include:

Allocation of 25% of HOME funds for Allocation of 25% of HOME funds for extremely low income householdsextremely low income households

Dedication of HOME funds to Dedication of HOME funds to subsidize tax credit properties subsidize tax credit properties – lowering costs for a percentage of units, lowering costs for a percentage of units,

making them affordable for households making them affordable for households at extremely low income levelsat extremely low income levels


Targeting resources towards Targeting resources towards households in poverty will benefit households in poverty will benefit many groupsmany groups

Advocates for the homelessAdvocates for the homeless Groups focused on addressing povertyGroups focused on addressing poverty Community Action AgenciesCommunity Action Agencies Advocates for people who are elderlyAdvocates for people who are elderly Affordable housing organizationsAffordable housing organizations

Develop “In House” Expertise in Develop “In House” Expertise in HousingHousing

Create database of housing market conditionsCreate database of housing market conditions

Make sure CILs in your state know about set-asidesMake sure CILs in your state know about set-asides

Provide input to HUD ConPlans at state and local levelProvide input to HUD ConPlans at state and local level

Provide assistance to CILs in understanding their Provide assistance to CILs in understanding their housing markets and opportunities for collaboration housing markets and opportunities for collaboration

Work with state housing finance agencies to develop Work with state housing finance agencies to develop working partnershipsworking partnerships

Develop fact sheets describing the disconnect Develop fact sheets describing the disconnect between federal funding for affordable housing and between federal funding for affordable housing and real poverty. real poverty.

Collaboration Strategies – Collaboration Strategies – “It’s the right thing to do”“It’s the right thing to do”

The Americans with Disabilities Act (ADA), The Americans with Disabilities Act (ADA), the the

Fair Housing Act, Section 504 of theFair Housing Act, Section 504 of the

Rehabilitation Act of 1973, as well as caseRehabilitation Act of 1973, as well as case

law such as Olmstead and Cason v. law such as Olmstead and Cason v. RochesterRochester

Collaboration Strategies – Collaboration Strategies – “It’s the right thing to do”, “It’s the right thing to do”, cont.cont.Section 504 of the Rehabilitation ActSection 504 of the Rehabilitation Act

No one can be denied the right to No one can be denied the right to participate or benefit from programs on participate or benefit from programs on the basis of disability. the basis of disability.

Section 504 also protects individuals Section 504 also protects individuals from being placed in a separate from being placed in a separate program for disabled persons simply program for disabled persons simply because of the disability. because of the disability.

Collaboration Strategies – Collaboration Strategies – “It’s the right thing to do”, “It’s the right thing to do”, cont.cont.Fair Housing ActFair Housing Act No one may take any of the following actions based No one may take any of the following actions based

on race, color, national origin, religion, sex, familial on race, color, national origin, religion, sex, familial status or handicap:status or handicap:

– Refuse to rent or sell housing Refuse to rent or sell housing – Refuse to negotiate for housing Refuse to negotiate for housing – Make housing unavailable Make housing unavailable – Deny a dwelling Deny a dwelling – Set different terms, conditions or privileges for sale Set different terms, conditions or privileges for sale

or rental of a dwelling or rental of a dwelling

http://www.hud.gov/offices/fheo/FHLaws/yourrights.cfmhttp://www.hud.gov/offices/fheo/FHLaws/yourrights.cfm

Collaboration Strategies – Collaboration Strategies – “It’s the right thing to do”, “It’s the right thing to do”, cont.cont.

Provide different housing services or Provide different housing services or facilitiesfacilities

Falsely deny that housing is available Falsely deny that housing is available for inspection, sale, or rental for inspection, sale, or rental

For profit, persuade owners to sell or For profit, persuade owners to sell or rent (blockbusting) rent (blockbusting)

Deny anyone access to or membership Deny anyone access to or membership in a facility or service (such as a in a facility or service (such as a multiple listing service) related to the multiple listing service) related to the sale or rental of housingsale or rental of housing..


Case law: Case law: Olmstead v. LCOlmstead v. LC – Supreme Court decision that Supreme Court decision that

reinforced ADA and further reinforced ADA and further mandated that people with mandated that people with disabilities live in the most disabilities live in the most integrated setting possible integrated setting possible

Collaboration Strategies – Collaboration Strategies – “It’s the right thing to do”, cont.“It’s the right thing to do”, cont.

““The courts have held that tenants are free toThe courts have held that tenants are free tomeet the obligations of tenancy with or withoutmeet the obligations of tenancy with or withoutassistance. Just as a tenant may hire a maid toassistance. Just as a tenant may hire a maid toclean the house, so may he or she rely on clean the house, so may he or she rely on

familyfamilymembers, social service workers or paid service members, social service workers or paid service providers.”providers.”

Bazelon Center for Mental Health Law. (2004). “The Illegality of ‘Independent Bazelon Center for Mental Health Law. (2004). “The Illegality of ‘Independent Living’ Requirements in Rental Housing, Assisted Living Center and Continuing Living’ Requirements in Rental Housing, Assisted Living Center and Continuing

Care Retirement Communities.” Fact Sheet. Care Retirement Communities.” Fact Sheet. www.bazelon.orgwww.bazelon.org..

Collaboration Strategies – Collaboration Strategies – “It’s the right thing to do”, cont.“It’s the right thing to do”, cont.

After the 1990 After the 1990 CasonCason decision, HUD decision, HUD changed its rules for senior housing and changed its rules for senior housing and public housing. Ability to live public housing. Ability to live independently is no longer a requirement independently is no longer a requirement in these publicly funded programs. in these publicly funded programs.


People with disabilities have the right to…People with disabilities have the right to… Live in the communityLive in the community Rent or buy housing on the same terms as Rent or buy housing on the same terms as

others (without any special conditions or others (without any special conditions or agreements)agreements)

Request reasonable accommodation for Request reasonable accommodation for disability when needed. disability when needed.

Have the same rights to housing units as any Have the same rights to housing units as any other tenant (assuming use of a standard lease)other tenant (assuming use of a standard lease)

Collaboration Strategies – Making the Collaboration Strategies – Making the

“Right Thing To Do” Argument“Right Thing To Do” Argument Federal law and case law reinforce these Federal law and case law reinforce these

rights rights

A collaboration can be built on A collaboration can be built on implementation of federal law and policyimplementation of federal law and policy

Housing officials are compelled by law to Housing officials are compelled by law to uphold these rights. uphold these rights.

Every housing jurisdiction must complete, Every housing jurisdiction must complete, as part of its planning process, an Analysis as part of its planning process, an Analysis of Impediments to Fair Housing of Impediments to Fair Housing

Collaboration Strategies – Collaboration Strategies – How Can SILCs Support This?How Can SILCs Support This?

Have accurate information about housing Have accurate information about housing needsneeds

Provide an analysis of how (if) current Provide an analysis of how (if) current practices are having a discriminatory effect practices are having a discriminatory effect on people with disabilities on people with disabilities

Do a review of the stock of publicly-assisted Do a review of the stock of publicly-assisted housing and assess degree of accessibility housing and assess degree of accessibility and affordability and affordability

Publish a “report card” for public and Publish a “report card” for public and legislative (or City Council) distributionlegislative (or City Council) distribution

Collaboration Strategies – Collaboration Strategies – How Can SILCs Support This?How Can SILCs Support This?

Create a fact sheet – “Tips for Create a fact sheet – “Tips for Completing the Analysis of Impediments Completing the Analysis of Impediments to Fair Housing” – targeted to housing to Fair Housing” – targeted to housing officials officials

Educate customers and decision makers Educate customers and decision makers about federal laws and case law about federal laws and case law


Good PartnersGood Partners

Potential partners or allies include:Potential partners or allies include:

State housing finance agencyState housing finance agency State department of community affairsState department of community affairs State Olmstead committeeState Olmstead committee State Council on HomelessnessState Council on Homelessness State/Regional HUD officeState/Regional HUD office

Strategies to Meet Potential Strategies to Meet Potential PartnersPartners

Attend state housing conferencesAttend state housing conferences

Attend local and state public Attend local and state public hearingshearings

Look for and join trade associations Look for and join trade associations (affordable housing developers)(affordable housing developers)

Attend state conference on Attend state conference on homelessnesshomelessness

Good PartnersGood Partners

Memoranda of Understanding/Agreement Memoranda of Understanding/Agreement (MOUs/MOAs) can be useful in:(MOUs/MOAs) can be useful in:

Setting forth mutual goalsSetting forth mutual goals

Identifying specific activitiesIdentifying specific activities

Understanding how each party will be Understanding how each party will be accountable to the otheraccountable to the other

Recognizing good opportunities for Recognizing good opportunities for publicity publicity

Good Partners, cont.Good Partners, cont.

Cross-training is another opportunity Cross-training is another opportunity for good partners to interactfor good partners to interact

Housing agencies can provide training Housing agencies can provide training to CILs on eligibility requirements, to CILs on eligibility requirements, procedures, ways to streamline the procedures, ways to streamline the process, etc. process, etc.

Good Partners, cont.Good Partners, cont.

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


Documents

Expanding the Availability of Accessible Housing