Section 8 Vouchers, Olmstead, New Freedom Initiative and PWD
February, 2005

On February 1, 2005, HUD issued a very important Notice PIH 2005-5(HA).

HUD's Notice ties together Housing Vouchers, Olmstead, Waivers, the New Freedom Initiative, and the President's Exec. Order 13217, that "promotes community-based alternatives, rather than institutional settings."

Here is what HUD has told your local Housing Authorities what they must do and is required for persons with disabilities regarding Housing Vouchers.

1. The Notice says "Sixty days is the minimum voucher term [to search] for a unit. However, there is no maximum term." While the search terms is not indefinite, "search terms should be generous to maximize the family's opportunity to find suitable [accessible] housing."

2. The Notice says Housing Authorities must provide "families with a disabled person a LIST OF ACCESSIBLE units know to the PHA." Most Housing Authorities regularly publish a list of units available to Section 8 voucher holders.

Disability advocates must get those lists and check if "accessible" units are listed (including distribution by unit size) and identified as accessible. If accessible units are not identified and listed, you must force them to find and identify such units. If they do not, then the HA may violate both the ADA and Section 504 because its Housing Voucher program, "when viewed in the entirety" does not provide "meaningful access" to disabled persons.

3. The Notice says Housing Authorities "should offer specialized housing search assistance to families with a disabled person to locate accessible units if requested."

Disability advocates must push this and have disabled persons "request" such assistance. Maybe we should give a national award for "the best" Housing Authority that provides assistance in finding accessible units.

4. The Notice says Housing Authorities must provide a list of other agencies, including CILs, P&As, other housing programs that may provide assistance in "funding for moving expenses or security deposits."

Disability advocates should ask their Housing Authorities for this list. If none exists, ask your Housing Authority to join you in locating such assistance, for example, from the federal Community Development Block Grants or HOME funding, both can and maybe do provide for such expenses. What about home modification funds?

5. The Notice says Housing Authorities "may provide a preference or a set-aside for admission of families with a disabled person."

Disability advocates must organize to force your Housing Authority to establish such preferences and set-asides, including for vouchers that turn over.

6. The Notice says "To assist persons with disabilities transitioning out of institutional settings, PHAs are encouraged to contact their State Medicaid agencies to determine the availability of waivers."

In addition to the vouchers earmarked for disabled persons, a few years ago, HUD issued a Notice of Funding Availability for nearly 90,000 Fair Share Vouchers. Housing authorities that said they would use 15% for persons with disabilities and another 3% of the vouchers for persons on a Waiver, received extra points from HUD.

The Notice says that your Housing Authority must make sure that "all non-elderly disabled families on a PHA's waiting list have been issued ... turnover vouchers, and PHA [must have] outreach efforts specifically directed to non-elderly disabled families."

HUD's Notice further states "FAILURE TO SERVE DISABLED FAMILIES AS REQUIRED WILL RESULT IN FORFEITURE OF THE VOUCHERS."

Disability advocates must do two things:

First, did you local Housing Authority receive these Fair Share Vouchers and if yes, did they tell HUD they would use them for either disabled persons and/or persons on Medicaid Waivers?

Second, if you do not know if your Housing Authority applied and received these Vouchers, AND YOU AGREE (if your Housing Authority did receive them) TO GO TO YOUR HOUSING AUTHORITY TO FIND OUT HOW your Housing Authority AWARDED THE VOUCHERS TO DISABLED PERSONS AND PERSONS ON MEDICAID WAIVERS, send an email to Steve Gold ADA and tell me the name of your state and then the city or county Housing Authority. If you will not use this information this way, please do not ask for the information.

Steve Gold, The Disability Odyssey continues

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