An Overview of f Rights, Tools, , and Resources This presentation - - PowerPoint PPT Presentation

Making Ohio Better Making Ohio Better

This presentation is geared towards:

• HOME Choice Transition Coordinators
• HOME Choice Case Managers
• Ohio 811 Referral Agents

Fair Housing for People with Disabilities: An Overview of f Rights, Tools, , and Resources

M a k i n g O h i o B e t t e r O H I O D E PA R T M E N T O F M E D I C A I D M a k i n g O h i o B e t t e r O H I O D E PA R T M E N T O F M E D I C A I D

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Overview of Fair Housing Topics

• 1. Fair Housing Act (FHA) Concepts and Definitions

1. Fair Housing defined 2. Discrimination 3. How the Fair Housing Act defines Disability

• 2. Reasonable Accommodations (RA) & Reasonable Modifications

(RM)

1. How are RA and RM Different? 2. Asking for a RA or RM

M a k i n g O h i o B e t t e r O H I O D E PA R T M E N T O F M E D I C A I D M a k i n g O h i o B e t t e r O H I O D E PA R T M E N T O F M E D I C A I D

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What is Fair Housing?

Prohibits discrimination in the sale, rental, and financing of dwellings, and in other housing-related transactions based on membership in protected classes Fair Housing is:

• Different from Landlord Tenant Law
• Complaint driven law
• Protections apply to members of Protected Classes

M a k i n g O h i o B e t t e r O H I O D E PA R T M E N T O F M E D I C A I D

• Protection from discrimination when an individual is searching for, or

living in a dwelling

• Examples of Discrimination:

» Denied the opportunity to rent » Charged extra fees or deposits » Differential treatment from other tenants or neighbors » Refusing a Reasonable Accommodation or Reasonable Modification

• Who can discriminate:

» Landlords, Property managers, Maintenance staff, Rental/Real Estate Agents, Bankers, Mortgage Brokers, Insurance Agents, etc.

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Discrimination under the FHA

M a k i n g O h i o B e t t e r O H I O D E PA R T M E N T O F M E D I C A I D

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Fair Housing Federal Protected Classes

Race Skin Color National Origin Religion Sex/Gender Familial Status

M a k i n g O h i o B e t t e r O H I O D E PA R T M E N T O F M E D I C A I D

• Fair Housing Act Amended in 1988

to include disability and familial status

• Other laws and court decisions

have also impacted disability rights:

» Section 504 of the Rehabilitation Act

• f 1973

» Americans with Disabilities Act of 1973 » 1999 Olmstead Decision

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Disability is a Protected Class under the FHA

M a k i n g O h i o B e t t e r O H I O D E PA R T M E N T O F M E D I C A I D

Who has a disability under the Fair Housing Act?

• Individual with a physical or mental impairment that substantially

limits one or more major life activities

» Individuals who are regarded as having such an impairment » Individuals with a record of such an impairment

• Disability must be Significant

» Limits to a large degree, long term, permanent

• Can affect an individual’s ability to perform everyday activities:

» Seeing, walking, breathing, caring for one’s self, manual tasks, learning, speaking, hearing and communicating

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Defining Disability

M a k i n g O h i o B e t t e r O H I O D E PA R T M E N T O F M E D I C A I D

• Orthopedic, visual, speech & hearing

impairments

• Cerebral Palsy, Muscular Dystrophy,

Multiple Sclerosis, Epilepsy

• Cancer, heart disease, diabetes, HIV/AIDS,

asthma, COPD

• Intellectual Disability, Mental Illness,

Emotional Illness, Autism, Traumatic Brain Injury

• Alcoholism, Recovering* substance abuse

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Examples of Disability under FHA

M a k i n g O h i o B e t t e r O H I O D E PA R T M E N T O F M E D I C A I D

• Refusing a Reasonable Accommodation or Reasonable

Modification

»One type of disability discrimination prohibited by the Fair Housing Act is the refusal to make reasonable accommodations in rules, policies, practices, or services when such accommodations may be necessary to afford a person with a disability the equal

• pportunity to use and enjoy a dwelling

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FHA Discrimination

M a k i n g O h i o B e t t e r O H I O D E PA R T M E N T O F M E D I C A I D

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What is a Reasonable Accommodation?

A Reasonable Accommodation is a change in rules, policy or procedure:

• Example: No Pets permitted,

but have to accommodate a service/support animal

• Example: Breaking a Lease

because of a disability

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What is a Reasonable Modification?

A Reasonable Modification is a physical change to interior or exterior of dwelling

• Example: Install grab bars,

replacing carpet for hard floors, constructing a ramp, etc.

• Tenant has to cover costs unless

property covered by “Section 504”

M a k i n g O h i o B e t t e r O H I O D E PA R T M E N T O F M E D I C A I D

An Accommodation is reasonable if it:

» Is not an undue financial and administrative burden » Does not alter the fundamental nature of the program

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What is “Reasonable?”

UNREASONABLE

Asking for the property manager for daily visits to read housing notices and other important mail aloud for a tenant who is blind

REASONABLE

Recording housing notices for a tenant who is blind and providing it in a timely manner

M a k i n g O h i o B e t t e r O H I O D E PA R T M E N T O F M E D I C A I D

A Modification that is reasonable:

» Must be economically and architecturally feasible

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What is “Reasonable?”

UNREASONABLE

Asking for an elevator in two-story townhome for a tenant who has a high risk for falls on stairs

REASONABLE

Asking for a stair lift to be installed along the stairs

M a k i n g O h i o B e t t e r O H I O D E PA R T M E N T O F M E D I C A I D

If a housing project receives federal funding for construction or operation, the owner is responsible for covering the costs of a Reasonable Modification. Types of federal funding include:

• Project-Based Section 8

» If the tenant has a Housing Choice Voucher that can go from place to place, this is NOT covered by Section 504

• Public Housing
• Section 202/811
• Section 236
• HOME/CDBG funds
• USDA RD 515, 521, and 538 with interest credit

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Section 504 of the 1973 Rehabilitation Act

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• Gather the details:

» Disability and Major Life Activity » RA/RM request » Does the request make sense given the individual’s needs based on their disability

• Give written notice to landlord
• r property manager

» Keep extra copies

• Wait a reasonable amount of

time

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How to Ask for a RA or RM

M a k i n g O h i o B e t t e r O H I O D E PA R T M E N T O F M E D I C A I D

• Accepted

» Great! Document the steps to implement RA/RM

• “Interactive Process”

» Negotiation to determine what if RA/RM is needed and/or what is “reasonable”

• Ignored

» Follow up in writing » Document, document, document

• Denied

» May be discrimination » Contact HUD, OCRC, or Legal Aid

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After asking for a RA or RM

M a k i n g O h i o B e t t e r O H I O D E PA R T M E N T O F M E D I C A I D

• Contact ODM Housing Policy & Program Managers:

» Emily Van Buren

─ emily.vanburen@medicaid.ohio.gov ─ 614-752-3805

» Jeannette Welsh

─ jeannette.welsh@medicaid.ohio.gov ─ 614-752-3406

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Need Technical Assistance?