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 (FMR) (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.
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