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 (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.

Kathy Hertzog Quoted in at Least Two Newspapers Across the Country

Kathy A. Hertzog was recently quoted in at least two newspapers across the country that printed follow-up stories dated October 4, 2007 (additional articles may run on later dates in other papers). These articles ran in several papers, including ones in Ohio, Indianapolis and Nashville, Arizona, Kentucky. The articles contain information about the Fair Housing Act and how to identify and report different types of discrimination. Links to two of the papers carrying the story are shown below.

The Courier-Journal, Louisville, KY - CLOSED DOORS: Housing discrimination complaints on rise across country - Update: Landlords can set standards for tenants, buyers
DEBORAH BARFIELD BERRY, Gannett News Service, October 4, 2007

AZCentral.com (Main Story) - CLOSED DOORS: Housing discrimination complaints on rise across country
DEBORAH BARFIELD BERRY, Gannett News Service, October 4, 2007

AZCentral.com (Where Quoted) - CLOSED DOORS: Housing discrimination complaints on rise across country - Update: Landlords can set standards for tenants, buyers
DEBORAH BARFIELD BERRY, Gannett News Service, October 4, 2007

Gannet Newspapers Interview Landlord Association.Org President, Kathy A. Hertzog, for Follow-Up Regarding Fair Housing Law and Landlords

Gannett Newspapers have been running a series on fair housing laws and discrimination.

Landlord Association.Org President, Kathy A. Hertzog, was interviewed by Deborah Berry, a reporter for the Gannet Newspapers, on October 3, 2007. Her comments may appear in a follow-up article expected to be published in October.

Here are links to the first in a series on fair housing laws and discrimination. If and when the follow-up story is run, it will be linked in another posting.

A growing number allege unfair treatment in housing market

September 29, 2007 09:47 AM ET

Discrimination complaints: Many run into problems

September 28, 2007 02:08 AM ET

Officials: Immigrant hostility fuels discriminatory housing laws

September 28, 2007 01:43 AM ET

Housing groups use ads to push anti-discrimination message

September 28, 2007 01:43 AM ET

Aggressive outreach, disability cases help explain high complaint ...

September 28, 2007 01:42 AM ET

Housing official says agency working to be more consistent

September 28, 2007 01:41 AM ET