HUD's Notice Re "Reasonable Accommodation" and Increasing Housing Voucher

HUD's Notice Re "Reasonable Accommodation" and Increasing Housing Voucher
Payments for Persons with Disabilities.
Information Bulletin #243 (4/08)

HUD recently issued a new Notice (PIH 2008-13) entitled "Requests for
Exception Payment Standards for Persons with Disability as a Reasonable
Accommodation."

As many of you know, persons with disabilities who require mobility
accessible housing units and who have a Housing Choice Voucher (aka
Section 8 tenant-based voucher) often have great difficulty locating a
unit that meets their needs. When they do find such a unit in the private
market that would accept a voucher as payment, the rent most often exceeds
the payment standard of the voucher.

In previous Information Bulletins, we explained that the federal
regulations authorize Housing Authorities (the local agencies that
administer the voucher program), on their own, to increase the value of a
voucher up to 110% of the Fair Market Rent (established by HUD for each
local area). To increase the voucher from 110% up to 120% of the FMR, the
Housing Authority must request the HUD Field Office for permission and to
increase the voucher above 120% the HA must request HUD's national
headquarters for permission.

In the past there have been several problems which we believe (and hope)
that the recent HUD Notice will correct: (1) Housing Authorities
unwillingness to increase the value of the voucher so a person with a
disability could rent an accessible unit, and (2) when HA s were willing
to increase the voucher's payments, the HUD process for requests above
120% of the FRM was so cumbersome that by the time national HUD acted, the
rental units were gone.

HUD's Notice 2008-13 (Google it and read it in its entirety) addresses
both of these problems in ways that disability advocates must be aware of.

First, HUD emphasized that increased payments for vouchers for persons
with disability to use with accessible units were a "reasonable
accommodation" under Section 504 of the Rehabilitation Act. By
recognizing that increased payments were often necessary to achieve equal
access and equal opportunity in using vouchers, and therefore were a civil
rights issue, this should force Housing Authorities to increase the
voucher payments.

If you have an accessible unit and if the HA refuses to increase the
payment as a reasonable accommodation or if the HA refuses to request HUD
for permission to pay over 110% or over 120% of the FMR, the HA has
potentially violated the civil rights' protections for persons with
disabilities in Section 504 and can be sued. It is no different than if
the HA refused to put up grab bars or a ramp as a reasonable
accommodation.

Second, the Notice provides a specific person in national HUD office and
her fax number and email address for voucher payments exceeding 120% of
the FMR. We hope this will significantly expedite the process so persons,
who finally find an accessible unit, do not lose it because HUD has taken
too long to respond.

The Notice provides an example of the calculation process which should be
followed and lists the types of documentation that should be provided.

These changes are potentially very important and should facilitate the
equal opportunity for persons with disabilities to use vouchers in
accessible units.

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.

--
Steve Gold, The Disability Odyssey continues

Back issues of other Information Bulletins are available online at
http://www.stevegoldada.com