Reasonable Accommodations and Federally-funded Housing. 

By: Steve Gold, stevegoldada@cs.com

Information Bulletin #121 (8/06)

Two recent HUD actions deserve the attention of disability advocates: 

(1) On July 7, 2006, HUD obtained a $12,000 settlement for a resident of the St. Louis City Housing Authority (SLCHA, i.e., public housing), who alleged the SLCHA violated the Fair Housing Act and Section 504 of the Rehabilitation Act of 1973 in refusing to transfer her to an accessible unit. Yvette Acon, a resident with a degenerative spinal disc disease, requested a transfer to a first-floor unit because her condition made it difficult to walk and climb stairs. Ms.Acon claimed that the SLCHA denied her request for a transfer even though she had provided medical documentation to support her need for an accessible apartment. [We all know of these cases!]

Under the Fair Housing Act and Section 504, housing providers are required to make reasonable accommodations for persons with disabilities by changing their rules, policies, practices, or services so that a person with a disability will have an equal opportunity to use and enjoy a dwelling unit or common space.

Ms. Acon and SLCHA resolved the complaint by entering into a conciliation agreement. Under the agreement, SLCHA will pay Ms.Acon a monetary settlement of $12,000 and will allow her to transfer to the first available apartment that meets her needs. [Unfortunately, we have also all heard of these situations.]

(2) HUD Issues Corrective Action Order to Gainesville, FL Housing Authority. HUD Settles Reasonable Accommodation Complaint

On July 18, 2006, HUD issued a Corrective Action Order (CAO) to the Housing Authority of the City of Gainesville, Florida (GHA) to remedy its noncompliance with fair housing laws and regulations. During 2005, HUD found GHA to be in noncompliance with fair housing laws and regulations in several program areas.

Previously, HUD had issued letters of findings of noncompliance in GHA's Public Housing and Multifamily Housing programs with Title VI of the Civil Rights Act, Section 504 of the Rehabilitation Act, and the Americans with Disabilities Act, and had charged GHA with violating the Fair Housing Act by failing to make a reasonable accommodation for a married couple with disabilities. GHA has not entered into a Voluntary Compliance Agreement (VCA) or undertaken the necessary steps to remedy the noncompliance. [In Information Bulletin #111, May 18, 2006, we provided a list of VCAs by Housing Authority. If your HA has an outstanding VCA and its' still violating its terms, this Gaineville complaint could be pursed.]

The CAO restricts GHA's access to all Capital Fund Program (CFP) funds not already obligated or under contract to expenditures necessary to cure the civil rights noncompliance and to remedy emergency situations. The CAO also requires GHA to obtain HUD approval for all obligations and expenditures of CFP funds. The restriction is in effect until GHA implements a HUD-approved Voluntary Compliance Agreement to remedy its fair housing deficiencies. HUD may take further enforcement actions if GHA fails to execute and implement a VCA in a timely manner.

What Disability Advocates Could Do:

While historically individual complaints filed with HUD received mixed action and results, the above two actions suggest disability advocates should file more individual complaints. The two remedies - one money for the person discriminated against and the other restricting the Housing Authority's expenditures of capital funds - may be available in other cities. Our experience is that each regional HUD office is quite different. It's quite easy; a letter to your regional HUD office on behalf of the person with disability. We suggest you also send a copy of the complaint to national HUD to Kim Kendrick, FHEO, HUD,451 7th St, S.W. Wash, D.C., 20410.

Nothing will happen unless you take action. Power concedes nothing without a struggle.

Steve Gold, The Disability Odyssey continues

Back issues of other Information Bulletins are available online at http://www.stevegoldada.com with a searchable Archive at this site divided into different subjects. To contact Steve Gold directly, write to stevegoldada@cs.com or call 215-627-7100.