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

Fair Housing for People with Disabilities: An Overview of f Rights, Tools, , and Resources This presentation is geared towards: • HOME Choice Transition Coordinators • HOME Choice Case Managers • Ohio 811 Referral Agents Making Ohio Better Making Ohio Better

O H I O D E PA R T M E N T O F M E D I C A I D 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 M a k i n g O h i o B e t t e r 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 7/14/2017 2

O H I O D E PA R T M E N T O F M E D I C A I D 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 M a k i n g O h i o B e t t e r 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 7/14/2017 3

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 Discrimination under the FHA • 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. 7/14/2017 4

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 Fair Housing Federal Protected Classes Race Skin Color National Origin Religion Sex/Gender Familial Status 7/14/2017 5

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 Disability is a Protected Class under the FHA • 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 of 1973 » Americans with Disabilities Act of 1973 » 1999 Olmstead Decision 7/14/2017 6

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 Defining Disability 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 7/14/2017 7

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 Examples of Disability under FHA • 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 7/14/2017 8

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 FHA Discrimination • 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 opportunity to use and enjoy a dwelling 7/14/2017 9

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 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 7/14/2017 10

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 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” 7/14/2017 11

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 What is “Reasonable?” An Accommodation is reasonable if it: » Is not an undue financial and administrative burden » Does not alter the fundamental nature of the program 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 7/14/2017 12

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 What is “Reasonable?” A Modification that is reasonable: » Must be economically and architecturally feasible 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 7/14/2017 13

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 Section 504 of the 1973 Rehabilitation Act 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 7/14/2017 14

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 How to Ask for a RA or RM • 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 or property manager » Keep extra copies • Wait a reasonable amount of time 7/14/2017 15

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 After asking for a RA or RM • 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 7/14/2017 16

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 Need Technical Assistance? • 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 7/14/2017 17