Affordable and Accessible Housing: A National Perspective Regional Housing Forum November 13, 2002 Emily Cooper Technical Assistance Collaborative, Inc

Olmstead Decision and Housing  “Housing” does not appear in the Olmstead decision “Community placements” or “less restrictive settings” “Community placements” or “less restrictive settings”  Where will people affected by Olmstead live? An affordable housing strategy is essential. An affordable housing strategy is essential.  Housing polices, strategies, and practices will need to be changed if Olmstead planning is to succeed

The Housing Implications of the Olmstead Decision  ADA applies to people in institutional settings: people have a right to be accommodated in the community This means affordable housing as well as supports! This means affordable housing as well as supports!  States have an affirmative obligation to offer community-based housing to people in institutional settings and people at-risk Hundreds of suits pending or resolved Hundreds of suits pending or resolved  States face fundamental issues and choices in planning Olmstead-related housing options

SSI Benefits  The majority of people covered by the Olmstead decision are people with extremely-low incomes  5+ million people with disabilities receive Supplemental Security Income (SSI) benefits each month Delaware - $550 Delaware - $550 District of Columbia - $545 District of Columbia - $545 Florida - $545 Florida - $545 Kentucky – $545 Kentucky – $545 Maryland – $545 Maryland – $545 Massachusetts – $659 Massachusetts – $659 New Jersey – $576 New Jersey – $576

Income of People with Disabilities on SSI Median Income 50% of Median Income 18.5% of Median Income

Income of People with Disabilities Receiving SSI Benefits  In 2000, SSI income equal to an hourly rate of $3.23  SSI equal nationally to 18.5 percent of median income  On average, SSI recipients spent over 98% of income to rent a one-bedroom in 2000 Delaware – 112.4% Delaware – 112.4% District of Columbia – 143.6% District of Columbia – 143.6% Florida – 104.4% Florida – 104.4% Kentucky – 71.4% Kentucky – 71.4% Maryland – 117.7% Maryland – 117.7% Massachusetts – 106.7% Massachusetts – 106.7% New Jersey – 132.3% New Jersey – 132.3%

Housing Affordability for People with Disabilities  Affordability defined as paying no more than percent of income toward housing costs  SSI recipients should pay no more than $160-$220 toward housing costs  SSI recipients need subsidized housing to live in the community

Key Principles of Supportive Housing for People with Disabilities  Housing affordable for people with SSI level incomes – Residents pay 30 percent of income or $160 per month  Choice and control over living environment  Housing must be permanent - tenant/landlord laws apply  Housing “unbundled” from services but linked to services  Supports are flexible and individualized: not defined by a “program”  Integration, personal control, accessibility, and autonomy

Responsibilities of the Housing System 1.Make housing for people with disabilities a priority State and local Consolidated Plans mandated by HUDState and local Consolidated Plans mandated by HUD PHA plans mandated by HUDPHA plans mandated by HUD 2.Provide resources to ensure affordability and housing quality for the lowest income people HOME and Community Development Block Grant FundsHOME and Community Development Block Grant Funds Section 8 Housing Choice Voucher ProgramSection 8 Housing Choice Voucher Program 3.Develop housing policies and practices that comply with Fair Housing laws “Reasonable accommodation” in housing programs and policies“Reasonable accommodation” in housing programs and policies Address housing discriminationAddress housing discrimination

Housing Resources for the Future

Housing Resource Issues and Opportunities Issues  Access to sufficient capital  Need for operating subsidies  Limitations of McKinney-Vento Opportunities  Consolidated Plan and PHA Plan  HOME as a source of capital  Links with federal Low Income Housing Tax Credits  Section 8 vouchers

Responsibilities of Service Systems 1.Build consumers into planning, implementation, quality management, and evaluation processes 2.Implement preferred practice models 3.Convert facility based services to mobile services 4.Un-bundle service delivery and housing strategies 5.Assure accessibility and responsiveness 6.Integrate services across multiple systems 7.Align financing and incentives with system goals 8.Coordinate services and supports within supportive housing environments

Housing and Olmstead: The Vision  Interagency approach  Leadership from state housing agencies  Modification of existing policies, programs, and practices  Mix of project based and tenant based approaches which are consistent with consumer preferences and choices  “One-stop shopping” approach to financing - debt free capital and on-going subsidy funding  Facilitated access to accessible units and funding for modifications

Housing and Olmstead: The Vision (2)  Section 8 Housing Choice Vouchers (HCVs) linked to Olmstead-related activities  Transitional or “bridge” rent subsidies  Non-categorical care coordinators for both tenant based and project based models  Access to a range of high quality, culturally competent and clinically appropriate services  Service system availability 24/7  Cultural of innovation and change  Leadership  Technical assistance support for states

Potential Olmstead Housing Strategies  Apply for new Section 8 vouchers for people with disabilities  Establish a Section 8 waiting list preference for people covered by the Olmstead decision or people leaving restrictive settings  Modify Section 8 voucher policies to help people with disabilities be successful Example: Use Section 8 HCVs in special housing types Example: Use Section 8 HCVs in special housing types  Link Section 8 vouchers to people with Medicaid Home and Community Based Waivers Fair Share NOFA Fair Share NOFA

Potential Strategies (2)  Establish a list of all housing developed with Low Income Housing Tax Credits and ensure that they accept Section 8 vouchers.  Project-base Section 8 vouchers Provide incentives for agencies that will target these units to people with disabilities Provide incentives for agencies that will target these units to people with disabilities  Develop HOME tenant-based rental assistance program for people covered by the Olmstead decision Link this program to Section 8 vouchers through a waiting list preference. Link this program to Section 8 vouchers through a waiting list preference.

Potential Strategies (3)  Use HOME or CDBG funds to create housing for people with incomes at or below 30% of median Give preference for those agencies that target units to people with disabilities Give preference for those agencies that target units to people with disabilities  Link Section 8 project-based assistance to housing developed with HOME funds to ensure affordability for people with the lowest incomes

Potential Strategies (4)  Create a list of all housing developed with HOME, Tax Credit, or other public funds that are required to have accessible units  Develop an interactive accessible housing registry  Set-aside CDBG funds to use for accessibility modifications for people leaving restrictive settings  Use CDBG and HOME funds to cover the down payment and closing costs for a Section 8 homeownership program

Helpful Resources  Available on TAC’s website ( Opening Doors Opening Doors Olmstead and Supportive Housing: A Vision for the Future Olmstead and Supportive Housing: A Vision for the Future Section 8 Made Simple: Using the Housing Choice Voucher Program to Assist People with Disabilities Section 8 Made Simple: Using the Housing Choice Voucher Program to Assist People with Disabilities Priced Out in 2000 (housing data) Priced Out in 2000 (housing data) Priced Out in 2002 anticipated in March 2003Priced Out in 2002 anticipated in March 2003

Additional Resources  President’s New Freedom Initiative Delivering on the Promise - Delivering on the Promise -  US Department of Health and Human Services Office of Civil Rights Office of Civil Rights Center for Medicare & Medicaid Services Center for Medicare & Medicaid Services