HUD Case Study #1

How does this Work in Real Life?

Debra McGhee Director, Baltimore Center Fair Housing & Equal Opportunity U.S. Department of HUD

Bases of Complaints Bases for Complaints Filed with HUD and FHAP FY2009 (10,242 Total)

Disability is Defined By Laws • Disability means: (A) A physical or mental impairment that substantially limits one or more of the major life activities (B) A record of impairment (C) Being regarded as having such an impairment.

Major Life Activities • Include such things as: Caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working.

Reasonable Accommodations A recipient shall modify its housing policies & practices to ensure that these. . . . do not discriminate on the basis of disability against a qualified individual with disabilities.

Policies that might be changed :

Pet Policies

Transfer Policies

Notification of painting or extermination

Household Composition

Parking

Important Principles • Persons with Disabilities cannot be required to fill out a specific form or to document obvious needs. • An unreasonable delay is equivalent to denial of an accommodation. • Even if an accommodation is unworkable due to administrative & financial burden— must engage in the interactive process.

The Requested Accommodation must be related to the Disability

HUD Case Study #1 Margaret McNeil, a doubleamputee, appealed to HUD because her housing agency failed to provide her an accessible unit.

Prisoner In her own Home

the outcome The Portsmouth housing agency paid McNeil a nearly $22,000 settlement and footed the bill to move her into a new, fully accessible unit.

Margaret McNeil, 65, looks out across the spacious living room in her new Portsmouth home. Photo taken July 1, 2011. (Ross Taylor | The Virginian-Pilot)

the changes The Portsmouth agency is required to give staff additional training in fair housing laws including the Fair Housing Act and Section 504.

HUD Case Study #2 • Complainant had disability and a son and a daughter residing in 2 bedroom, projectbased Section 8. • CP’s son developed mental disability, needed own bedroom. • CP requested transfer, provided medical documentation, was put on list.

HUD Case Study #2 • CP’s son became violent. • CP sent daughter to reside with relatives in another state for her protection. • CP waited more than a year to be transferred. • Three bedroom units were given away to others.

HUD Case Study #2 “ . .my daughter is back home where she belongs. . . You all have righted the wrong and I could not thank you enough for that I know without your involvement it would not have been done!”

HUD Case Study #3 • CP began living in Public Hsg in 2003 • During 2005 recertification CP named T.H. as her live-in-aide and provided doctor’s certification of need.

• CP identified TH as her Live-In-Aide in 2007, 2008, 2009 • During a ‘crack-down’ on unauthorized residents CP was threatened with eviction because of her “boyfriend.”

HUD Case Study #3 • CP went to Legal Aid. Attny submitted documentation of need & formal request. CP remained under threat of eviction from March Sept. During this time she suffered a heart attack & underwent cardiac surgery. • Her primary care physician provided HUD with statement that CPs health had declined, medications had increased & she had spoken of her fear of losing her housing.

HUD Case Study #3 • HUD issued finding of Non-Compliance. • PHA settled with CP and the Department • CP received $15,000 and PHA is engaged in comprehensive retraining of staff; outreach to residents.

HUD does not Always Find for the CP!

A Word About Support Animals Do NOT need to be “Certified” or Trained. Should NOT be subject to a “pet deposit” or Restricted Breed Rules ARE subject to lease provisions— i.e., must not disturb neighbors or destroy property.

Panel Discussion