Can you tell me how many units would have to be set-aside for individuals who are disabled due to a mental illness or would these units fall within the percentage for sensory disabilities?  I would greatly appreciate knowing this.

Helen Nilon

-----Original Message-----
From: ABILITYmagazine@...

Sent: Wednesday, January 30, 2002 5:14 AM
To: DisabilityParty@yahoogroups.com;
Subject: Re: [DisabilityParty] *Trickle-Up Teamwork* / Maria / Re: housing issues

Dear All --

Seriously -- we should do this together.  There is a big problem already in NY - the lower area.  We each need to check our own area.  Contact your local affordable housing agencies, housing authority, and community development orgs.  Ask them if they have any affordable housing programs.  If they do, ask for a breakdown of the funding and do the math -- 5 percent should be accessible for the mobility, 2 percent for hearing and blind.  If the math doesn't calculate, then get an attorney and contact HUD and file a complaint, and also the DHCR of your State.  Cheryl Kent of HUD, DC, can help you get through this.  There are some great attorneys in NY -- Stein and Schonfield, Antibiaslaw.com, etc.  There is also SteveGoldada.com who has a library of archives on this subject.  There is John Relman of Relmanlaw.com in DC.  In lower NY, the homework has already been done for any attorney that wants to take on a class action suit.  FOIA reponses confirm there are serious violations.  If everyone pursues this, I have a strong feeling we'll start to see a great opening up of housing for our community.  The time has come!

Also is anyone going up to Albany from Feb 4-6, as all the disability advocates are getting together?

Here are the laws.  You may or you may not know that there are three broad laws that protect people who have disabilities and their housing rights.

1.  The Fair Housing Act
2.  Section 504 of the Rehabilitation Act of 1973

            3. Title II of the Americans with Disabilities Act

1.  The Fair Housing Act

In 1988, the Fair Housing Act (FHA) was amended to forbid discrimination on the basis of disability whether or not federal money was involved.  The Fair Housing Act makes illegal all forms of discrimination in the sale, rental or financing of a house or apartment, or providing services related to housing to the buyer or renter based on race, sex, national origin, religion,
familial status or disability. 

2.  Section 504 of the Rehabilitation Act

The section states, "No otherwise qualified individuals with disabilities in the United States, shall solely by reason of the disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activities receiving Federal financial
assistance or under any program or activity conducted by any Executive agency."  Most housing authorities, as well other entities that manage housing, must follow Section 504's rules.

Because of their 504 obligations, housing authorities as well as other entities that provide housing, are required to make 5% of their units accessible to people with mobility impairments (UFAS standards), and an additional 2% accessible to people with hearing and vision impairments. 

3.  Title II of the Americans with Disabilities Act (ADA)

Under this title, Regulation 35.133, public accommodations are to make readily accessible "those features of facilities and equipment that are required to be readily accessible to and usable by persons with disabilities."  Regulation 35.150 states that public entities "shall operate
each service, program, or activity so that the service, program, or activity, when viewed in its entirety, is readily accessible to and usable by individuals with disabilities."  Furthermore, under Regulation 35.151 parts a, b, c, d, new construction and alterations of buildings by public entities shall be designed, constructed, or altered to be readily accessible to and usable by individuals with disabilities if the construction was commenced after January 26, 1992. 

More about Section 504

Under HUD's section 504 regulations, since 1988, ALL recipients of federal financial assistance must make (and should have made) 5% of newly constructed housing fully accessible for persons with mobility impairments (and another 2% accessible for persons with sensory impairments).  This rule applies not only to housing authorities, which administer the low-income housing programs, but also to recipients of Community Development Block Grant and HOME funds, as well as other "federal financial assistance."   What this means is that all local housing officials that received CDBG and HOME funds and either built new construction, or allocated these federal funds to private non-profits to build new construction, should have triggered 5%
accessible dwelling units.  This includes high-rise apartments, low-rise units, rental, and many home ownership dwelling units.

Furthermore, multifamily housing built for first occupancy after March 13, 1991, must have certain accessibility and adaptability features.  The Fair Housing Act (FHA) includes specific design and construction requirements that apply to all units in buildings with elevators.  In buildings without elevators, only the ground floor units must be accessible. 

These requirements apply whether the multifamily housing is being built for rental or for sale-even if a buyer might choose not to have accessibility features.  Section 504 and Title II impose somewhat stricter requirements on federally funded and state or locally funded housing.

The design features listed below are minimum requirements.  If you need more accessibility, you may request modifications.  If you do, you may be responsible for the additional cost beyond the cost of meeting the minimum requirements, which the builder pays.

Requirements for new housing:

New multifamily housing with four or more units, built for first occupancy after March 13, 1991, must include:

* A building entrance that is wide enough for a wheelchair accessed via a route without steps;
* Accessible public and common-use areas;
* Doors that allow passage by a person in a wheelchair;
* An accessible route into and through the dwelling unit;
* Light switches, thermostats and other environmental controls in accessible locations;
* Reinforcements in bathroom walls for later installation of grab bars; and
* Kitchens and bathrooms that allow a wheelchair to maneuver about the space.

The builder must ensure that these features are included, but has some design flexibility.  The builder may look to existing standards for design of
accessible buildings, such as the American National Standards Institute
(ANSI) standard, or the Uniform Federal Accessibility Standard (UFAS).

Remember, if your house is covered under Section 504 (the 5% rule) or Title II of the ADA, he is probably required to make physical changes to accommodate your disability and to pay for those changes, unless it would cause him great financial or administrative hardship.  However, just because they ignore the laws and build the units first (like they have been doing all along), does not waive them from financial hardship now. 

Any questions, contact Cheryl Kent of HUD, in Washington, DC.