Steve Gold, The Disability Odyssey continues

In earlier Information Bulletins, we explained that HUD's regulations for Section 504 of the Rehabilitation Act require that a minimum of 5% of housing units (which receives federal financial assistance) must be accessible to persons with mobility disabilities and another 1% each for persons with hearing and visual disabilities.

The 5%1%/1% minimum was established in 1988 when HUD promulgated its Section 504 regulations and has never been revised or updated. This minimum is no longer in tune with current statistics or data.

We need to request and demonstrate to HUD that it must increase the 5%/1%/1% for accessible housing in all federally funded programs (HOME, CDBG, and public housing) in your geographic area. There is a federal regulation that authorizes this increase. 24 Code of Federal Regulations section 8.22 ( c), states that HUD "may prescribe a higher percentage [than 5%] ... upon request... by any affected recipient ... or agency ... based upon demonstration to the reasonable satisfaction of HUD of a need for a higher percentage ... based on census data...."

Here's how we can demonstrate the need for a higher percentage of accessible units than 5%/1%/1% so that your local Section 504 minimum requirements will more accurately reflect the number of persons with mobility disabilities who require accessible units. Go to http://factfinder.census.gov , click on data sets, then the 2006 American Community Survey, select your geographic location, then click on Subject Tables, then disability characteristics.

As an example, I will use data for the entire United States as an example. Please keep in mind that both the census and the American Community Survey data includes only the "noninstitutionalized" population b i.e., it does not include any people in nursing homes or in intermediate care facilities for the mentally retarded.

First, in the U.S., the entire population 5 years and older is about 274 million people, of whom 6.8% (18.6 million) have one disability and another 8.3% (22.7 million) have two or more disabilities. Yes, the 2006 Census identifies 15.1%. That is a total of the 41.3 million noninstitutionalized people five years and older identified by the 2006 Census' American Community Survey update as having at least one disability.

Looking at persons five years and older with a "physical disability", there are about 26 million people - that's 9.5% of the population. People five years and older with a "sensory disability" are 11.5 million - nearly 4.2%. These figures include people at any income level b not just lower income people who would qualify for federally funded housing - and do not break down "physical disability" by type.

Second, the 2006 Census' American Community Survey breaks this data down by "poverty." In 2008, the Department of Health and Human Services defined poverty for one person to be $10,400, two persons $14,000, and four persons $21,200. Therefore, every individual receiving SSI ($637 federal minimum in 2008) is in poverty and every couple receiving SSI ($959 federal minimum) is in poverty. These people are noninstitutionalized and should be factored in to the minimum Section 504 accessible units necessary in your area.

Of the total people with incomes below the poverty level and with one or more disabilities not in institutions, there were about 21.5% of the 5 year and older population - nearly 9 million disabled persons. (Compare that with 11.2% of the population without a disability who were below the poverty level. If you're in poverty, you're nearly twice as likely to be disabled.)

Third, since about 60% of the persons in nursing homes (institutionalized and therefore not included in the 2006 Census American Community Survey) are on Medicaid, they are in nearly all in poverty. These people and disabled persons in ICF-MRs are not included in the ACS 9 million persons with disabilities in poverty. (You can find the number of people in nursing facilities in your state by type of disability in the CMS Minimum Data Sets and the number in ICF-MRs in Braddock "State of the States.")

Many of these institutionalized people are there because they cannot find affordable, accessible housing. These institutionalized people must be included when you're computing the minimum Section 504 accessible units required in your area.

Fourth, we know from the 2006 Census American Community Survey there are 5.5 million people in the United States with a physical disability and in poverty, and another 2.3 million with a sensory disability and in poverty (again, institutionalized people are not included in these figures). Find out the information for your area and use it to demonstrate the need for more than the 5%/1%/1% minimum of 1988.

Fifth, keep in mind that most federally funded housing programs are no longer only for, or even primarily for, persons whose income places them in poverty. Housing Authorities can rent to persons up to 80% of Average Median Income and HOME rental funds can be used for persons at 60% AMI. The accessibility needs of people with incomes up to the relevant specific housing program should also be included, again increasing the number and percentage of accessible units that far exceed 5%.

Sixth, we know from HUD's CHAS 2000 census data (it is available by state, city or county) that for families who are renters and whose family income is < =30% area median income, about 28 - 31% have a "mobility and self-care impairment." They need accessible units!

Therefore, with the SSI level at about 15% of the AMI and at only 74% of the poverty level, with the "poverty" level at only about 40% of the AMI, with federally financed housing programs targeting persons far above the poverty level, and with the CHAS data demonstrating nearly 30% of people below 30% of the AMI have a mobility and self care impairment, the Section 504 minimum is far,far lower than the 2006 Census American Community Survey's "poverty" findings and far lower than the 2000 CHAS data.

Yes, there are a number of steps and yes, it is complicated. Nevertheless, here' the process to use in requesting HUD to increase the 5%/1%/1% Section 504 minimum.