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Debra McGhee Director, Baltimore Center Fair Housing & Equal Opportunity U.S. Department of HUD How does this Work in Real Life?

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Presentation on theme: "Debra McGhee Director, Baltimore Center Fair Housing & Equal Opportunity U.S. Department of HUD How does this Work in Real Life?"— Presentation transcript:

1 Debra McGhee Director, Baltimore Center Fair Housing & Equal Opportunity U.S. Department of HUD How does this Work in Real Life?

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

3 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.

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

5 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.

6 Policies that might be changed : Pet Policies Transfer Policies Household Composition Notification of painting or extermination Parking

7 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.

8 The Requested Accommodation must be related to the Disability

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

10 Prisoner In her own Home

11 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.

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

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

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

15 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.

16 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!”

17 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.”

18 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.

19 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.

20 HUD does not Always Find for the CP!

21 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.

22 Panel Discussion


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