JFActivist

Department of Housing and Urban Development Acts to Stop Discriminatory Prohibitions Preventing Persons with Disabilities from Using Service Animals or Emotional Support Animals

By David Heymsfeld, AAPD Policy Advisor

The United States Department of Housing and Urban Development recently began a series of cases against property owners and condominium associations for applying “no pet” rules to prevent persons with disabilities from using service animals or emotional support animals on the property. 

The cases were brought under the Fair Housing Act which requires that in the sale or rental of housing there must be reasonable accommodations necessary to afford equal housing opportunity for persons with disabilities.

 According to HUD Assistant Secretary John Trasvina , HUD interprets the law as requiring the honoring of “requests for animals like service dogs if a person with a disability requires that dog for daily life activities. In these cases, people with disabilities are not seeking special treatment: they are seeking the equal opportunity to enjoy their dwelling just as anyone else can”

The practices challenged in the cases include:requiring residents with assistance animals to use service elevators; requiring burdensome medical documentation  of the need for a service or emotional support   animal;and refusing to allow a tenant to be visited by a friend with an emotional support animal.

The cases may result in the property owners being ordered to pay fines and attorney”s fees.   

Click here for a summary of the recent cases 

 

Click here for general information about filing a claim of discrimination under the Fair Housing Act

 

Priced Out in 2010: Why We Can’t Find Housing

by Julia Feinberg, AAPD Policy Intern (8.4.11):

The Technical Assistance Collaborative (TAC) and the Consortium for Citizens with Disabilities (CCD) Housing Task Force recently released Priced Out in 2010 that shows the average national rent for a one bedroom apartment is more than the monthly payments received by people with disabilities on Social Security Income (SSI).  The average SSI monthly payment with state supplemental payments is $703 yet the national average rent is $785.  So even if a person spent all of their income on rent, most would not be able to afford it. 

 Priced Out in 2010 brings to the forefront terrifying realities that millions of people with disabilities face everyday.  It shows that people all over the country have no choice but to rent the cheapest housing they can find or live in an institution.  This fact alone has many large and looming consequences.  Finding the cheapest housing often means living in an unsafe and run-down neighborhood.  For people with disabilities, living in a dangerous environment is more risky and can have greater consequences such as difficulty finding a personal attendant who is willing to come at night. 

Studies have shown that low income housing is further from hospitals, public transit stops, and even grocery stores.  If a hospital is not close to where someone lives, it can have lasting medical costs.  Additionally, the quality of a hospital is often linked to the wealth of its surrounding areas.  For many people with disabilities, living near public transit is essential for becoming independent and holding a steady job.  Relying on ParaTransit for transportation is not a choice many want to make. 

Another side affect of living in a low income neighborhood is the quality of education in the school district.  Since public schools are largely funded by local taxes, poor neighborhoods often mean poor schools.  As we all know, when money is tight special education programs are severely underfunded and overall quality of education decreases.  As AAPD has said, education is the key to the future.  By living in neighborhoods with bad schools, we are continuing the cycle of relying on SSI instead of being able to get a good job to become self-sufficient.

When looking at the deeper meaning of Priced Out in 2010, we should think about how relying on an insufficient SSI payment affects people with disabilities, not only by being forced to live in low income housing but also the negative aspects of a poor neighborhood.

Advocacy Steps:

1. Conduct a review locally of average rents in your area and compare with the typical SSI check in your state.
2. Issue a report and demand more affordable housing!

Have 1,000 People Transitioned Out of Institutions with Mainstream Category 2 Vouchers?

via Steve Gold (7.12.11):
 

Have 1,000 People Transitioned Out of Institutions With Mainstream Category 2 Vouchers? Information Bulletin #335

It’s been about seven months since HUD awarded its Mainstream Category 2 Vouchers. These were the special vouchers that were intended to be used solely for people with disabilities to transition from institutions to the community. Housing Authorities and other public entities had to apply for these vouchers, and HUD awarded them on a competitive basis.

We know there were a lot of advocates for individuals with disabilities who were very disappointed that their Housing Authorities had not been awarded these vouchers. This was particularly so, after advocates had worked with and encouraged their Housing Authorities to apply.

Okay folks - now is the time to check out if the “winning” Housing Authorities have actually used these Category 2 Vouchers as they were intended - to help people to leave institutions.

Has your State Medicaid agency been actively involved? Has it helped identify people who want to transition out? How has the Housing Authority identified the person who was institutionalized?

 

>>>To Read the Full Blog Post

New Program Launched to Help Homeowners at Risk of Foreclosure

via AAPD (6.24.11):

HUD Announces New Program to Help Homeowners at Risk of Foreclosure

By Jenifer Simpson, Senior Director for Government Affairs

AAPD recently learned about a new program by the U.S. Department of Housing and Urban Development (HUD). In conjunction with NeighborWorks® America, HUD announced the launch of the Emergency Homeowners’ Loan Program (EHLP). 

The EHLP is designed to provide mortgage payment relief to eligible homeowners experiencing a drop in income of at least 15 percent directly resulting from involuntary unemployment or underemployment due to adverse economic conditions and/or a medical emergency. 

Under the EHLP program guidelines eligible homeowners can qualify for an interest free loan which pays a portion of their monthly mortgage for up to two years, or up to $50,000, whichever comes first.  Eligible homeowners must have current income at least 15% less than it was in 2009 and must be at least 90 days delinquent on the mortgage, among other eligibility factors.

For instance, you must have received a written notice from your mortgage lender/servicer indicating that you are delinquent on your first mortgage payments, referred to as a “Breach Letter.”  Also, you cannot be in bankruptcy or owe unpaid federal income taxes or have unpaid federal student loans, among other criteria.

To learn more about the program, go to: http://nw.org/network/foreclosure/nfmcp/documents/EHLP_Homeowner_FAQs.pdf

Possible loss of a house is one of the number one phone calls involving people with disabilities that we hear about at the AAPD national office. If you or someone you know is experiencing mortgage difficulties due to the continuing economic situation, explore if the EHLP program can help. Why lose your home through failing to check out a program and fill out the necessary paperwork?

Pre-Applicant Screening Worksheets  are available online at http://www.FindEHLP.org.

The deadline for this worksheet submission is July 22, 2011!

You can also call toll free to 855-346-3345 for more information on the program.

Let AAPD know if you encounter difficulties with this program via an email to policy@aapd.com

 

Medicare, CMS, Hospitals and Unnecessary Institutionalization

via SteveGoldADA.blogspot.com (6.24.11):

Medicare, CMS, Hospitals, and Unnecessarily Institutionalization. Information Bulletin # 334 (6/2011).

There’s been a number of news articles recently stating that CMS will track hospital spending for Medicare recipients and will reward hospitals that keep costs down and penalize hospitals for costs incurred within 90 days after the person leaves the hospital.

It’s a “Medicare spending per beneficiary” device to measure hospital performance. For example, we have national data for infections occurring after surgery and/or as a result of just being in a hospital. Hospitals with much higher rates will be penalized. Similarly, there’s national data for heart attack mortality rates against which hospitals can be compared, rated, and then rewarded or penalized.

Obviously, besides improving medical care, rewards/penalties are an important strategy to control health costs, something everyone agrees is necessary.

We have a simple suggestion for CMS.

How about CMS including in its “Medicare spending per beneficiary” the measure of placement in nursing homes directly from acute care hospitals? This could actually be easily implemented because CMS could actually enforce its own federal regulations which require hospitals to do real and meaningful “discharge planning”?...

CMS - you have a financial interest, the regulatory authority, as well as an interest in the ADA’s mandate that services be provided “in the most integrated setting appropriate,” to address hospital dumping.

Include in the “Medicare spending per beneficiary” plan a measure of post-hospital placements. Reward hospitals that place people in the community with services and penalize hospitals with the worst dumping scores.

 

>>>To Read the Full Post

 

What other steps can be taken to address hospital dumping? Please share your thoughts in comments below.

DOJ Intervenes in Texas Case to Enforce Olmstead

via The Department of Justice (6.22.11): 

Justice Department Moves to Intervene in Texas Case to Enforce the Supreme Court’s Olmstead Decision

The Justice Department today filed papers seeking to intervene in Steward, et al. v. Perry, et al., a case filed on behalf of thousands of Texans with developmental disabilities to enforce their right under the Americans with Disabilities Act (ADA) to receive services provided by the state in the most integrated setting appropriate to their needs...

The proposed complaint by the United States, which must first be approved for filing by the U.S. District Court in San Antonio alleges that Texas unnecessarily segregates individuals with developmental disabilities in nursing homes instead of providing them the opportunity to receive integrated, community-based services. The proposed complaint also alleges that Texas places individuals with developmental disabilities who currently live in the community at risk of unnecessary placement in nursing facilities by failing to provide necessary community-based services in violation of the ADA and Section 504 of the Rehabilitation Act...

>>>For the Full Press Release

 

 

Know Your Rights! DOJ Issues New Technical Assistance Document on Enforcement of Olmstead

via The Department of Justice (6.23.11):

Justice Department Issues Technical Assistance Document on Enforcement of the Supreme Court Decision in Olmstead v. L.C.

WASHINGTON – The Department of Justice released a new technical assistance document describing public entities’ obligations and individuals’ rights under the integration mandate of title II of the Americans with Disabilities Act (ADA) and the 1999 landmark Supreme Court decision, Olmstead v. L.C.  The Olmstead decision held that the ADA requires public entities to provide community-based services to persons with disabilities when such services are appropriate; the affected persons do not oppose community-based treatment; and community-based services can be reasonably accommodated.  The document also provides questions and answers on a variety of ADA enforcement issues related to Olmstead. 

Additionally, in commemorating the 12^th anniversary of the Olmstead decision yesterday, the department launched a new section of its ADA website, www.ada.gov/olmstead, providing information and resources about the decision and its enforcement. In addition to the newly created technical assistance document, users can visit the site to find briefs filed by the Department, as well as other materials relevant to this important area of law. 

The ADA website provides easy access to an extensive collection of ADA technical assistance materials and settlement agreements, as well as information about enforcement, mediation, technical assistance and certification activities and links to other sites with ADA information. The addition of the new Olmstead section of the site will provide critical information to individuals with disabilities, advocates and state and local officials responsible for complying with the ADA’s integration mandate...

 

>>>To Read the Full Press Release

 

Knowledge is power! How will you help spread the word about this crucial information? Share your thoughts in the comments below.

Olmstead Champion Meets the President

via the White House blog (6.22.11):

Olmstead Champion Meets the President

by Sue Jamieson

The memories of living in institutional settings since the age of 13 will always be with Lois Curtis even though her life today is beyond what she ever could have imagined when she made the first of many brave phone calls to my office at the Atlanta Legal Aid Society saying, “I want to get out!” The journey (and struggle) from that day includes an historic Supreme Court decision, a home of her own and a successful career as an artist. And now, a meeting with President Barack Obama in the Oval Office as we observe the 12th anniversary of the Olmstead decision.  

The Olmstead story began long before the Supreme Court decision. Lois and another plaintiff, Elaine Wilson (who passed away in 2004), were in a state psychiatric hospital in Georgia. They filed suit in 1995 seeking disability services in the community...

...And, as we all now know, the U.S. Supreme Court eventually held that the unjustified institutional isolation of people with disabilities is a form of unlawful discrimination under the Americans with Disabilities Act, thus taking a giant step forward for the millions of people with disabilities across the country.

Lois’ story did not end after that landmark Supreme Court decision. In fact, that decision launched a new journey. After living in staffed residential homes since her release from the institution, Lois now rents a beautiful home in the Stone Mountain area of Georgia...

>>>To Read the Full Post

 

On this 12th anniversary of Olmstead, how can we honor Lois and Elaine's legacy? Please share your thoughts in comments below.

On the Anniversary of Olmstead, Obama Administration Recommits to Assist Americans with Disabilities

via the White House (6.22.11): 
 

On Anniversary of Olmstead, Obama Administration Recommits to Assist Americans with Disabilities

On June 22, 1999, the Supreme Court ruled in Olmstead v. L.C. that, under the Americans with Disabilities Act (ADA), the unjustified institutional isolation of people with disabilities was a form of unlawful discrimination.  Since taking office, the Obama Administration has taken many steps to uphold both the letter and the spirit of the ADA.

“The landmark Olmstead case affirmed the rights of Americans with disabilities to live independently,” said President Obama. “On this anniversary, let’s recommit ourselves to building on the promise of Olmstead by working to end all forms of discrimination, and uphold the rights of Americans with disabilities and all Americans.” 

Since the Olmstead ruling, much progress has been made. Many individuals have successfully transitioned to community settings, but waiting lists for community services have grown considerably and many individuals who would like to receive community services are not able to obtain them...

>>>For the Full Press Release

 

Meet Mark! AAPD to Host Virtual Town Hall with New President & CEO

via AAPD (6.21.11):

 

What’s On Your Mind? Ask AAPD’s New President & CEO Mark Perriello!

Take the opportunity to share what’s on your mind! Join AAPD’s new President & CEO Mark Perriello for a virtual town hall at noon on Wednesday, June 29. Mark will answer your questions live about the future of AAPD, employment issues, disability, the 2012 presidential election and any other issues affecting our community.

We want to learn what’s important to YOU – our community. Our town hall is open to anyone, and there will be video, audio and live captioning

This is your chance to let us know what you’re thinking!

You can participate by tuning in to www.livestream.com/AAPD.To submit a question, please email it to communications@aapd.com.

We will be accepting questions prior to the event and live during the event.