[NationalHarbor] Reminders

Sun Jun 18 14:55:08 UTC 2023

Reminders

NHC-NFB and HOPEE Ministries Fathers’ Day  June 19, 2023, 3-6Applebee’s

Location:

3447 Donald Drive Forestville , MD

Tuesday 4-5pm Call

Join us this  Tuesday, June  20 from 4-5pm  to give feedback and live
experience  to housing concerns  in the Blind /low vision  and other
intersectionality’s  affecting our  community .

To join: 805-706-5069 no access code 04

Please see the questions  near bottom of email:

June 24, 2023, ReminderChapter Meeting  1-3pm

805-706-5069

Pledge:

Pledge

I pledge to participate actively in the effort of the National Federation
of the Blind to achieve equality, opportunity, and security for the blind;
to support the policies and programs of the Federation; and to abide by its
constitution.

On the behalf of the Commission For Individuals With Disabilities, Please
see the following information below:

Here are the questions  we would like to get  responses  pertaining to
Housing  concerns 13 questions that are being asked by HUD for their notice
of proposed rulemaking, which you can find at this link:

https://www.federalregister.gov/documents/2023/04/25/2023-08464/nondiscrimination-on-the-basis-of-disability-updates-to-huds-section-504-regulations

We do not have to reply to every question. But for those that are important
to us or those in our community with disabilities, please provide any
additional comments or recommendations.  If you have stories to share about
discrimination in housing due to disability, lack of accessible affordable
housing, or other experiences, please provide a brief description that can
be shared with HUD. They are looking for examples too.

Please respond with your comments by next Thursday, June 15, 2023. If you
need more time, that is fine, just let me know.

Thanks, Dahlia

HUD Notice of Proposed Rulemaking Questions and Responses

Question for Comment 1: The Department anticipates revising the definition
of “individual with disabilities” consistent with the ADA Amendments Act of
2008 [7] and DOJ's Title II ADA regulations. The ADA Amendments Act of 2008
revised the definition of “individual with disabilities” for purposes of
the ADA and made conforming amendments to Section 504. In view of the ADA
Amendments Act of 2008's change to the definition of disability, the
Department is also considering whether the other definitions, currently
provided at 24 CFR 8.3 should be revised to clarify how the term
“disability” is used in connection with certain HUD programs, which have
statutory authorizations to serve specific populations. The Department
seeks general comments on updating its definitions contained at 24 CFR 8.3.

Response to Question for Comment 1:

We agree with and support revising the definition of “individual with
disabilities” to be consistent with the ADAAA of 2008.

Question for Comment 2: HUD's Section 504 regulations at 24 CFR 8.4 contain
general prohibitions on discrimination and include examples of
discriminatory application processes, admissions policies, and service
provision, as well as physical inaccessibility, eligibility, and site
selection, that would either directly or indirectly result in
discrimination against otherwise qualified individuals with disabilities.
24 CFR 8.4(a) and (b).

( a) To what extent are individuals with disabilities at serious risk of
entering institutional settings or being unable to transition from
institutional or group home settings, including skilled nursing facilities,
correctional institutions and inpatient rehabilitation for substance
misuse, settings because they are unable to find affordable, accessible,
and integrated housing opportunities in community-based settings? Please
describe any challenges faced and solutions identified with locating
affordable, integrated, and accessible housing, including issues such as
ensuring housing is available when an individual is ready to transition
from an institutional setting, coordinating housing and services,
identifying available housing programs that individuals may be eligible
for, the referral and/or application process, the use of preferences, the
operation of waitlists, insufficient accessible and integrated housing
opportunities, etc.

( b) Are there specific examples of discrimination that individuals with
mental health or substance use disabilities have experienced, or other
challenges faced by such individuals, in securing affordable housing, such
as rental policies eligibility or exclusion criteria, that meets
disability-related needs that HUD should consider addressing in its Section
504 regulations?

( c) Are there specific examples of discrimination that individuals with
intellectual, cognitive, or developmental disabilities have experienced, or
other challenges faced by such individuals, in securing affordable housing
that meets the disability-related needs that HUD should consider addressing
in its Section 504 regulations?

( d) Are there specific examples of discrimination that individuals with
physical disabilities have experienced, or other challenges faced by such
individuals, in securing affordable housing that meets the
disability-related needs that HUD should consider addressing in its Section
504 regulations?

Response to Question for Comment 2: None

Question for Comment 3: Recipients must take appropriate steps to ensure
effective communication with applicants, beneficiaries, and members of the
public who have disabilities and are required to provide appropriate
auxiliary aids and services where necessary to afford individuals with
disabilities an equal opportunity to participate in, and enjoy the benefits
of, a program or activity receiving Federal financial assistance. Because
of technological advances, methods of enabling effective communication to
have significantly changed since HUD issued its Section 504 regulations in
1988 and recipients and individuals with disabilities communicate in
different ways. What types of auxiliary aids and services to individuals
with disabilities need in housing and community development programs and
activities? What information should the Department consider with respect to
the accessibility of recipients' websites and devices, mobile applications,
etc.?

Response to Question for Comment 3:

All websites, devices, applications etc. must be tested by people with
disabilities who are subject matter experts and should be paid for their
expertise to contribute to ensuring accessibility of resources, tools, and
materials. This is a standard requirement of all federal contractors and
should be part of any compliance checks conducted by HUD.

Question for Comment 4: Section 504 requires that newly constructed housing
and non-housing facilities be designed and constructed to be readily
accessible to and usable by persons with disabilities. HUD's existing
Section 504 regulations require that in new construction multifamily
housing projects, currently a minimum of five (5) percent of the total
dwelling units in each multifamily housing project (or at least one unit,
whichever is greater) must be made accessible for persons with mobility
impairments. An additional two (2) percent of the total units (or at least
one unit, whichever is greater) must be made accessible for persons with
hearing or vision impairments. In circumstances where greater need is
demonstrated, HUD may prescribe higher percentages or numbers. 24 CFR 8.20
through 8.22. Physical accessibility requirements also apply to any
alterations of housing and non-housing facilities. 24 CFR 8.21.

Additionally, recipients must operate each housing and non-housing-related
program and activity receiving Federal financial assistance so that the
program or activity, when viewed in its entirety, is readily accessible to
and usable by individuals with disabilities. 24 CFR 8.20, 8.21, and 8.24.
This may require alterations to comply with program accessibility
obligations in older facilities that were built before HUD's Section 504
regulations became effective. This may also require alterations in addition
to and separate from meeting the affirmative physical accessibility
requirements described above.

( a) To what extent does the lack of accessible units and other facilities
in assisted housing discourage applications from eligible persons with a
disability? To what extent is the lack of accessibility a barrier to the
participation in various HUD-assisted housing programs by persons with a
disability? What challenges do households face in finding available
affordable and accessible housing in their respective communities? What
factors or sources of data should HUD and its recipients use to determine
the level of need for accessible housing?

( b) Is there information that HUD should consider clarifying, strengthen,
and encourage compliance by recipients' with program accessibility
obligations?

Response to Question for Comment 4:

Currently, there is a lack of sufficient affordable housing nationally. In
2019 the CDC reported that 25.5% of people in the US self-describe as
having a disability (
https://www.cdc.gov/ncbddd/disabilityandhealth/infographic-disability-impacts-all.html).
In this same data report more than 12 percent of people have a mobility
disability. More than 50% of people over the age of 65 have some type of
disability.  As noted in the CFR, this number is increasing as the US
population ages.

In addition to the lack of sufficient housing for the population in
general, when affordable homes are built, they are typically smaller in
square footage. But accessible homes may require more space to allow for
wheelchair access, bathroom accommodations for people with mobility
disabilities, and entry/exits that allow for safe entry and exit for people
with a range of disabilities.

For new construction, architects who design homes and builders who build
them are required to meet basic requirements of the law. However,
homeowners are frequently unaware of their right to request accessibility
in the design and building phases of new homes.

For existing construction, most residents are not aware of, nor do they
have access to public grants to support the modification of homes for
living with a disability.

Following is a quote from the National Council on Disability (NCD) from
2004, which addresses the issues that remain barriers today in 2023:

"Affordable, accessible, and appropriate housing is critical and integral
to making a community more livable for people with disabilities. In this
report, NCD finds that there are unmet housing needs based solely on
standard measures of housing affordability. This analysis also reveals a
gap between current policy goals and outcomes — even with laws in place
requiring a portion of units to be accessible, some developers and property
owners do not comply. Whether it is due to ignorance or intent, the
evidence suggests we have missed opportunities to increase the supply of
accessible, affordable housing."

Retrieved from: https://ncd.gov/newsroom/2010/01192010

We recommend that HUD require county and state government agencies that
implement housing policy and ensure compliance with regulations should form
advisory groups that are comprised of people who represent the diversity of
disability populations. These individuals should represent diversity that
includes locations from across the state, rural to urban settings,
race/ethnicity, gender, socioeconomic status, and cultural and linguistic
groups. These advisory groups should receive training to understand fair
housing laws and their role as advisors to weigh in on policy issues that
impact affordability and accessibility for people with disabilities.

We also share an example from Prince George’s County, Maryland, where a
senior citizen who is also blind applied for low-income housing. He was
denied housing because his spouse was below retirement age (62 years old).
The primary applicant was denied housing because his wife was not old
enough, however, he required his wife to live with him to care for him as
he was recovering from surgery. This incident shows a lack of understanding
of the specific needs of a person who may have additional needs due to
their disability and requires flexibility in the law to ensure accessible
and affordable housing as an option. The result was that the individual
with a disability and his spouse remain unhoused.

Question for Comment 5: Tenant-based housing choice voucher (HCV) and other
tenant-based rental assistance programs are crucial to enable individuals
with disabilities to secure affordable, accessible, and integrated housing
opportunities of their choice. HUD's regulation at 24 CFR 8.28 provides
examples of specific safeguards to ensure individuals with disabilities
have access to these programs.

( a) What challenges exist in using an HCV or other tenant-based rental
assistance in the private rental market to secure a unit that meets a
household's disability-related needs? For example, is the process for
households with members with disabilities to seek an extension of the
search term due to the lack of accessible housing effective or is the
process for seeking exception rent under the exception payments standard
for accessible housing units effective, and/or what other difficulties
exist for individuals with disabilities in securing a suitable unit? Do
households with members with disabilities encounter issues using HCVs or
other tenant-based rental assistance due to the need for live-in
caregivers? Is there information that HUD should consider on various
methods or approaches that have proven effective in helping individuals
with disabilities access these types of programs in order to provide equal
access?

( b) Please provide details about the availability of affordable accessible
units in different areas of the United States ( e.g., urban areas, suburban
areas, and rural areas, including geographically isolated and remote areas)
in the private rental market and any proven strategies that encourage
landlords to participate in the tenant-based HCV program.

Response to Question for Comment 5: None

Question for Comment 6: Most entities are subject to more than one Federal
accessibility law and architectural standard in the operation of their
housing services, programs, and activities. For example, a public housing
agency receiving HUD funding and operating public housing and voucher
programs may be subject to the design and construction requirements of the
Fair Housing Act,[8] Section 504 as a recipient of Federal financial
assistance, and Title II of the ADA as a public entity. This may require
applying multiple accessibility laws and architectural standards, e.g., the
Fair Housing Act's Accessibility Guidelines, the 2010 ADA Standards under
Title II of the ADA, and HUD's Section 504 accessibility standard. In
addition, State and local laws and building codes will also apply. Most
States and localities now use the International Building Code (IBC) and the
accessibility standard it references, the ICC A117.1 Standard for
Accessible and Usable Buildings and Facilities.

The Department seeks input on ways to harmonize, to the extent possible,
the requirements among the various standards and achieve greater
consistency in the design and construction of buildings and facilities that
are covered by multiple Federal accessibility laws. The Department also
seeks to ensure, however, that accessibility for persons with disabilities
is not reduced and opportunities for modernization of accessibility
requirements are considered.

The Department notes that recipients of HUD funding must be aware of and
comply with the accessibility requirements of all applicable laws,
including Section 504, the ADA, and the Fair Housing Act. Compliance with
one of these statutes does not ensure compliance with other Federal
disability nondiscrimination laws. HUD's adoption of an updated Section 504
Federal accessibility standard for purposes of compliance with its own
Section 504 regulations does not change an entity's obligation to comply
with all applicable laws.

What standards should the Department consider for the purpose of an updated
accessibility standard for its recipients? HUD requests information to
assist the Department in determining whether other specific guidelines
provide sufficient or insufficient accessibility in the context of housing
or other residential facilities funded by HUD. In addition, please provide
information on scoping and other technical provisions the Department should
consider to further accessibility for individuals with disabilities in the
context of housing.

Response to Question for Comment 6:

One strategy to ensure that architects, builders, and realtors understand
the needs of the disability population is to require training across these
industries and any others that are directly relevant to the design,
development, sales and rentals of new and current housing. Training must
include basic disability awareness, the intersectionality of disability and
other groups, the connection between disability and poverty, the needs of
disabilities by type of disability and the variation within disability
type. Beyond basic awareness training, each industry should receive
industry specific training on how to reflect the needs of people with
disabilities in the design phase, building phase, and rental and sales
phase. Consumers with disabilities of all ages have a role to play in
contributing to understanding through their subject matter expertise and
lived experience with disability. A requirement of training must include a
project or product that is inclusive of disability and reflects the input
of consumers with disabilities to ensure a deeper understanding of the
issues that must be addressed to ensure accessibility and affordability.

Question for Comment 7: HUD's Deeming Notice allowed HUD recipients to use
the 2010 ADA Standards under Title II of the ADA—with identified
exceptions, as an alternative accessibility standard in lieu of UFAS for
purposes of Section 504 compliance. The Deeming Notice identified eleven
(11) exceptions where UFAS provides greater accessibility than the 2010 ADA
Standards and must continue to be utilized.[9] Are there other UFAS
provisions that HUD did not identify in its Deeming Notice that should be
retained to further accessibility in HUD-assisted programs?

Response to Question for Comment 7: None

Question for Comment 8: As the Federal agency with primary responsibility
for administering the Nation's federally assisted housing programs, the
Department has a unique role in considering how residential and connected
spaces ( e.g., spaces for laundry, mail, telecommunications, office,
maintenance, parking, recreation, service, and community functions) must be
made accessible. HUD is looking at the accessibility and usability of
spaces and elements within one's own home and connected spaces that will
impact daily living, which is different than considering accessibility in
places of public accommodation or other settings. HUD is considering how
the development of various enhanced accessibility features can be
incorporated or incentivized into the design and construction of affordable
housing developments.

Advances in the types of accessibility features can assist individuals with
various types of disabilities obtain, remain in, and receive the full
benefits of their housing. For example, for individuals with mobility
disabilities, such features may include: power operated or other keyless
proximity-based entry at entrances and exits from buildings and passageways
through the building; light weight or low resistance doors; detachable
shower-heads; smart, remotely adjustable thermostats; adjustable shelves in
closets and storage; full extension pull-out drawers, shelves, and racks;
roll-in showers; avoiding swinging interior doors within individual
accessible dwelling units; faucets with touch or motion sense water
controls; and reinforced ceilings to accommodate a track and harness
system. For individuals who are blind or have low vision, examples of such
features may include: audible elevator indicators; innovative entry systems
that do not solely rely on an individual's ability to see in order to gain
access; controls with audio feedback as opposed to or in addition to touch
screens; and enhanced lighting. For individuals who are deaf or hard of
hearing, examples of such features may include: innovative entry systems
that do not solely rely on an individual's ability to hear in order to gain
access; doorbells with light alerts; activated close captioning on
televisions located in public areas; and video phones or other video
connections for communications.

In addition, specific accessibility features assist individuals to remain
in their homes and to age in place, such as vertical and angled grab bars
to get up and down from toilets and for stepping in and out of bathing
fixtures. Examples to assist individuals who are blind or have low vision
include contrasting surfaces, enhanced lighting, tactically discernible
controls, and elimination of tripping hazards. Examples to assist
individuals who are deaf or hard of hearing include innovative entry
systems, doorbells with light alerts, and emergency alarms for fire and
carbon monoxide leaks that can accommodate personal notification devices.

( a) What barriers do individuals with disabilities face in public and
common use areas of housing and non-housing facilities ( e.g., building
entrances, building entry systems, recreation and fitness facilities, mail
and package rooms, coworking facilities, parking structures, laundry
rooms)? What accessibility features or advanced technology can help
overcome these barriers?

( b) What accessibility features or advanced technology should the
Department be aware of that improve accessibility in designated accessible
units for individuals with mobility disabilities?

( c) What accessibility features or advanced technology should the
Department be aware of that improve accessibility in designated accessible
units for individuals with vision and hearing disabilities?

( d) Given the increasing aging population, the Department is considering
its role in providing affordable housing opportunities to this population
and how to enable households to remain in their housing. Are there specific
accessibility features that can help individuals to age in place?

( e) There are alternative accessibility provisions in accessibility
standards that address the more limited reach ranges and need for lower
seat heights and dining surfaces for children with disabilities that are
different than accessibility features configured for adult use. The
Department is interested in any comments related to dimensions for children.

(f) To what extent does the failure to maintain accessible features,
including elevators and lifts, limit individuals with disabilities access
to affordable housing?

Response to Question for Comment 8: **

Every home or dwelling should have accessible features, and builders and
realtors need to make this information available up front to potential
buyers and renters. Buyers and renters are not aware of their options for
accessibility and accommodations – this is the responsibility of builders
and realtors to inform clients and customers about free and low-cost
options.

Question for Comment 9: HUD is considering how advances in the design and
construction field impact accessible housing developments. There are
various types of single family and multifamily housing, as well as a
variety of materials and structural components to construct different types
of housing, such as shipping containers or other emerging building
components. In all instances, federally assisted housing must provide
accessible housing opportunities for beneficiaries with disabilities.

( a) Are there specific emerging design approaches, or specific
construction materials that HUD should consider?

( b) The Department is interested in comments related to emerging design
approaches in disaster response, mitigation, and recovery situations. Are
there specific design types or other issues specifically within the context
of disaster relief that HUD should consider addressing to ensure
accessibility for individuals with disabilities?

Response to Question for Comment 9:  None

Question for Comment 10: A reasonable accommodation is a change, exception,
or adjustment to a rule, policy, practice, or service that may be necessary
for a person with disabilities to have an equal opportunity to use and
enjoy a dwelling, including public and common use spaces, or to participate
in a HUD-assisted program or activity. For purposes of Section 504, this
also includes recipients providing structural changes to a unit or public
or common use area when they may be needed as a reasonable accommodation.
Generally, the failure to provide reasonable accommodation is a form of
discrimination under Section 504. HUD anticipates further addressing the
concept of what constitutes a reasonable accommodation in its Section 504
regulations. HUD is aware that it may be useful to its recipients to
understand the broad array of the types of accommodations that may be
useful to individuals with different types of disabilities, such as
individuals who are blind or have low vision, individuals who are deaf or
hard of hearing, individuals with intellectual, cognitive, or developmental
disabilities, individuals with mental health disabilities or substance use
disabilities, and individuals with mobility disabilities. The Department is
interested in comments on these issues.

Response to Question for Comment 10:

A basic lack of awareness of the rights of people with disabilities in
regards to housing leads to a lack of advocacy and self-advocacy. The
numbers of housing complaints noted in the CFR are shocking for how low
they are given the real depth of challenges that people with disabilities
face whether in securing accommodations for housing or locating housing
that is accessible. These low numbers underscore how vital it is for HUD to
invest in communications campaigns to make people with disabilities and the
elderly population aware of their rights.

Additionally, all those involved from conception to design to building to
sales and rental positions must be aware of their responsibilities–both in
compliance with laws and regulations, and the spirit of those regulations.
See previous comments to provide training and to require the engagement of
people with disabilities as advisors and subject matter experts.

Question for Comment 11: HUD undertakes two types of investigations under
its Section 504 regulations—complaint-based investigations and compliance
reviews. Any person, or their authorized representative, who believes that
they have been subjected to discrimination by a recipient of HUD financial
assistance may file a Section 504 complaint with HUD. Similarly, persons
may file a complaint with HUD on behalf of specific classes of individuals
who have been subjected to discrimination by a recipient.

HUD may conduct periodic compliance reviews of recipients that include a
review, including an on-site review of recipients' policies, practices, and
procedures, to determine whether recipients are complying with HUD's
Section 504 regulations. Recipients are also subject to program compliance
reviews and monitoring procedures by HUD in its oversight of program
requirements designed to further compliance with HUD's Section 504
regulations. 24 CFR 8.56. Are there any clarifications or changes HUD
should consider in procedures for initiating and conducting investigations
and/or enforcement mechanisms with respect to individual complaints or
compliance reviews?

Response to Question for Comment 11:

HUD’s responsibilities to ensure compliance use the “stick” approach. A
“stick and carrot” approach would involve incentivizing compliance through
multiple methods including: regular and repeated training; awareness
campaigns; “mentoring” poor compliance with highly compliant entities
and/or create opportunities for problematic actors to learn from those who
are exceeding compliance requirements; showcase exceptional entities who
are exceeding compliance across the phases of housing development.

Question for Comment 12: HUD has enforced Section 504 requirements against
Tribes and Tribal entities that receive HUD Federal financial assistance.
While the Department recognizes Section 504 obligations are consistent
across all recipients of HUD Federal financial assistance, the Department
also recognizes the unique relationship between the Federal Government and
Tribes and seeks comment from Tribes and Tribal entities in accordance with
HUD's Government-to-Government Tribal Consultation Policy.

( a) Are there tribal specific circumstances that HUD should consider
regarding Tribes and tribal entities, particularly with respect to the
construction of accessible facilities?

( b) Are there unique types of discrimination members of Tribes with
disabilities experience, particularly with respect to non-Tribal grantees
or other entities covered by Section 504?

( c) Are there unique types of discrimination members of Tribes with
disabilities experience with respect to the provision of reasonable
accommodations, the provision of appropriate auxiliary aids and services
necessary to ensure effective communication, access to accessible
facilities, or accessing services and programs in the most integrated
setting appropriate to the needs of members of Tribes with disabilities?

Response to Question for Comment 12: None

Question for Comment 13: The Department recognizes that individuals with
disabilities who are also members of other protected class groups ( e.g.,
race, color, national origin, sex (including sexual orientation and gender
identity), familial status, religion, age, etc.) may be uniquely impacted
by revisions to HUD's Section 504 regulations and is interested in
receiving public comment on unique considerations related to
intersectionality.

( a) Are there unique barriers or other forms of discrimination in housing
or HUD assisted programs against individuals with disabilities who are also
members of other specific protected class groups?

( b) In particular, is there information that HUD should consider regarding
how disability discrimination affects persons of color, LGBTQ+ persons,
families with children, older adults, and individuals with limited English
proficiency who also require appropriate auxiliary aids and services
necessary to ensure effective communication?

Response to Question for Comment 13:

As noted in previous comments, the intersectionality of disability with
other population characteristics impacts their ability to access
information (e.g., language levels, alternate language versions), process
information (guidance to individuals with cognitive disabilities to engage
with processes and documents), and take action.  HUD should create
technical assistance and training supports specifically for people with
disabilities that includes addressing the intersectionality of disability
and other groups that continue to struggle against discrimination. Models
of this approach exist in other Federal agencies and departments; there is
no need to recreate the wheel. Refer to the Interagency Committee on
Disability Research and the close to 50 agencies and offices that focus on
disability inclusion to learn more about how other agencies are addressing
inclusion.  Work with national advocacy associations to better understand
the needs of people with disabilities from different backgrounds across the
country. Create an office that is specifically dedicated to disability
inclusion in housing and ensure this office has authority to not only
engage with but to influence or have a say in the policies and practices
that are published and implemented at HUD. In other words, give teeth to an
office that can motivate staff throughout the agency to center disability
as part of its larger efforts to increase inclusion and stop discriminatory
housing practices.

(End)

Thank you,

Amber Woods

President

National Harbor  Chapter

Reminders

NHC-NFB and HOPEE Ministries Fathers’ Day  June 19, 2023, 3-6Applebee’s

Location:

3447 Donald Drive Forestville , MD

Tuesday 4-5pm Call

Join us this  Tuesday, June  20 from 4-5pm  to give feedback and live
experience  to housing concerns  in the Blind /low vision  and other
intersectionality’s  affecting our  community .

To join: 805-706-5069 no access code 04

Please see the questions  near bottom of email:

June 24, 2023, ReminderChapter Meeting  1-3pm

805-706-5069

Pledge:

Pledge

I pledge to participate actively in the effort of the National Federation
of the Blind to achieve equality, opportunity, and security for the blind;
to support the policies and programs of the Federation; and to abide by its
constitution.

On the behalf of the Commission For Individuals With Disabilities, Please
see the following information below:

Here are the questions  we would like to get  responses  pertaining to
Housing  concerns 13 questions that are being asked by HUD for their notice
of proposed rulemaking, which you can find at this link:

https://www.federalregister.gov/documents/2023/04/25/2023-08464/nondiscrimination-on-the-basis-of-disability-updates-to-huds-section-504-regulations

We do not have to reply to every question. But for those that are important
to us or those in our community with disabilities, please provide any
additional comments or recommendations.  If you have stories to share about
discrimination in housing due to disability, lack of accessible affordable
housing, or other experiences, please provide a brief description that can
be shared with HUD. They are looking for examples too.

Please respond with your comments by next Thursday, June 15, 2023. If you
need more time, that is fine, just let me know.

Thanks, Dahlia

HUD Notice of Proposed Rulemaking Questions and Responses

Question for Comment 1: The Department anticipates revising the definition
of “individual with disabilities” consistent with the ADA Amendments Act of
2008 [7] and DOJ's Title II ADA regulations. The ADA Amendments Act of 2008
revised the definition of “individual with disabilities” for purposes of
the ADA and made conforming amendments to Section 504. In view of the ADA
Amendments Act of 2008's change to the definition of disability, the
Department is also considering whether the other definitions, currently
provided at 24 CFR 8.3 should be revised to clarify how the term
“disability” is used in connection with certain HUD programs, which have
statutory authorizations to serve specific populations. The Department
seeks general comments on updating its definitions contained at 24 CFR 8.3.

Response to Question for Comment 1:

We agree with and support revising the definition of “individual with
disabilities” to be consistent with the ADAAA of 2008.

Question for Comment 2: HUD's Section 504 regulations at 24 CFR 8.4 contain
general prohibitions on discrimination and include examples of
discriminatory application processes, admissions policies, and service
provision, as well as physical inaccessibility, eligibility, and site
selection, that would either directly or indirectly result in
discrimination against otherwise qualified individuals with disabilities.
24 CFR 8.4(a) and (b).

( a) To what extent are individuals with disabilities at serious risk of
entering institutional settings or being unable to transition from
institutional or group home settings, including skilled nursing facilities,
correctional institutions and inpatient rehabilitation for substance
misuse, settings because they are unable to find affordable, accessible,
and integrated housing opportunities in community-based settings? Please
describe any challenges faced and solutions identified with locating
affordable, integrated, and accessible housing, including issues such as
ensuring housing is available when an individual is ready to transition
from an institutional setting, coordinating housing and services,
identifying available housing programs that individuals may be eligible
for, the referral and/or application process, the use of preferences, the
operation of waitlists, insufficient accessible and integrated housing
opportunities, etc.

( b) Are there specific examples of discrimination that individuals with
mental health or substance use disabilities have experienced, or other
challenges faced by such individuals, in securing affordable housing, such
as rental policies eligibility or exclusion criteria, that meets
disability-related needs that HUD should consider addressing in its Section
504 regulations?

( c) Are there specific examples of discrimination that individuals with
intellectual, cognitive, or developmental disabilities have experienced, or
other challenges faced by such individuals, in securing affordable housing
that meets the disability-related needs that HUD should consider addressing
in its Section 504 regulations?

( d) Are there specific examples of discrimination that individuals with
physical disabilities have experienced, or other challenges faced by such
individuals, in securing affordable housing that meets the
disability-related needs that HUD should consider addressing in its Section
504 regulations?

Response to Question for Comment 2: None

Question for Comment 3: Recipients must take appropriate steps to ensure
effective communication with applicants, beneficiaries, and members of the
public who have disabilities and are required to provide appropriate
auxiliary aids and services where necessary to afford individuals with
disabilities an equal opportunity to participate in, and enjoy the benefits
of, a program or activity receiving Federal financial assistance. Because
of technological advances, methods of enabling effective communication to
have significantly changed since HUD issued its Section 504 regulations in
1988 and recipients and individuals with disabilities communicate in
different ways. What types of auxiliary aids and services to individuals
with disabilities need in housing and community development programs and
activities? What information should the Department consider with respect to
the accessibility of recipients' websites and devices, mobile applications,
etc.?

Response to Question for Comment 3:

All websites, devices, applications etc. must be tested by people with
disabilities who are subject matter experts and should be paid for their
expertise to contribute to ensuring accessibility of resources, tools, and
materials. This is a standard requirement of all federal contractors and
should be part of any compliance checks conducted by HUD.

Question for Comment 4: Section 504 requires that newly constructed housing
and non-housing facilities be designed and constructed to be readily
accessible to and usable by persons with disabilities. HUD's existing
Section 504 regulations require that in new construction multifamily
housing projects, currently a minimum of five (5) percent of the total
dwelling units in each multifamily housing project (or at least one unit,
whichever is greater) must be made accessible for persons with mobility
impairments. An additional two (2) percent of the total units (or at least
one unit, whichever is greater) must be made accessible for persons with
hearing or vision impairments. In circumstances where greater need is
demonstrated, HUD may prescribe higher percentages or numbers. 24 CFR 8.20
through 8.22. Physical accessibility requirements also apply to any
alterations of housing and non-housing facilities. 24 CFR 8.21.

Additionally, recipients must operate each housing and non-housing-related
program and activity receiving Federal financial assistance so that the
program or activity, when viewed in its entirety, is readily accessible to
and usable by individuals with disabilities. 24 CFR 8.20, 8.21, and 8.24.
This may require alterations to comply with program accessibility
obligations in older facilities that were built before HUD's Section 504
regulations became effective. This may also require alterations in addition
to and separate from meeting the affirmative physical accessibility
requirements described above.

( a) To what extent does the lack of accessible units and other facilities
in assisted housing discourage applications from eligible persons with a
disability? To what extent is the lack of accessibility a barrier to the
participation in various HUD-assisted housing programs by persons with a
disability? What challenges do households face in finding available
affordable and accessible housing in their respective communities? What
factors or sources of data should HUD and its recipients use to determine
the level of need for accessible housing?

( b) Is there information that HUD should consider clarifying, strengthen,
and encourage compliance by recipients' with program accessibility
obligations?

Response to Question for Comment 4:

Currently, there is a lack of sufficient affordable housing nationally. In
2019 the CDC reported that 25.5% of people in the US self-describe as
having a disability (
https://www.cdc.gov/ncbddd/disabilityandhealth/infographic-disability-impacts-all.html).
In this same data report more than 12 percent of people have a mobility
disability. More than 50% of people over the age of 65 have some type of
disability.  As noted in the CFR, this number is increasing as the US
population ages.

In addition to the lack of sufficient housing for the population in
general, when affordable homes are built, they are typically smaller in
square footage. But accessible homes may require more space to allow for
wheelchair access, bathroom accommodations for people with mobility
disabilities, and entry/exits that allow for safe entry and exit for people
with a range of disabilities.

For new construction, architects who design homes and builders who build
them are required to meet basic requirements of the law. However,
homeowners are frequently unaware of their right to request accessibility
in the design and building phases of new homes.

For existing construction, most residents are not aware of, nor do they
have access to public grants to support the modification of homes for
living with a disability.

Following is a quote from the National Council on Disability (NCD) from
2004, which addresses the issues that remain barriers today in 2023:

"Affordable, accessible, and appropriate housing is critical and integral
to making a community more livable for people with disabilities. In this
report, NCD finds that there are unmet housing needs based solely on
standard measures of housing affordability. This analysis also reveals a
gap between current policy goals and outcomes — even with laws in place
requiring a portion of units to be accessible, some developers and property
owners do not comply. Whether it is due to ignorance or intent, the
evidence suggests we have missed opportunities to increase the supply of
accessible, affordable housing."

Retrieved from: https://ncd.gov/newsroom/2010/01192010

We recommend that HUD require county and state government agencies that
implement housing policy and ensure compliance with regulations should form
advisory groups that are comprised of people who represent the diversity of
disability populations. These individuals should represent diversity that
includes locations from across the state, rural to urban settings,
race/ethnicity, gender, socioeconomic status, and cultural and linguistic
groups. These advisory groups should receive training to understand fair
housing laws and their role as advisors to weigh in on policy issues that
impact affordability and accessibility for people with disabilities.

We also share an example from Prince George’s County, Maryland, where a
senior citizen who is also blind applied for low-income housing. He was
denied housing because his spouse was below retirement age (62 years old).
The primary applicant was denied housing because his wife was not old
enough, however, he required his wife to live with him to care for him as
he was recovering from surgery. This incident shows a lack of understanding
of the specific needs of a person who may have additional needs due to
their disability and requires flexibility in the law to ensure accessible
and affordable housing as an option. The result was that the individual
with a disability and his spouse remain unhoused.

Question for Comment 5: Tenant-based housing choice voucher (HCV) and other
tenant-based rental assistance programs are crucial to enable individuals
with disabilities to secure affordable, accessible, and integrated housing
opportunities of their choice. HUD's regulation at 24 CFR 8.28 provides
examples of specific safeguards to ensure individuals with disabilities
have access to these programs.

( a) What challenges exist in using an HCV or other tenant-based rental
assistance in the private rental market to secure a unit that meets a
household's disability-related needs? For example, is the process for
households with members with disabilities to seek an extension of the
search term due to the lack of accessible housing effective or is the
process for seeking exception rent under the exception payments standard
for accessible housing units effective, and/or what other difficulties
exist for individuals with disabilities in securing a suitable unit? Do
households with members with disabilities encounter issues using HCVs or
other tenant-based rental assistance due to the need for live-in
caregivers? Is there information that HUD should consider on various
methods or approaches that have proven effective in helping individuals
with disabilities access these types of programs in order to provide equal
access?

( b) Please provide details about the availability of affordable accessible
units in different areas of the United States ( e.g., urban areas, suburban
areas, and rural areas, including geographically isolated and remote areas)
in the private rental market and any proven strategies that encourage
landlords to participate in the tenant-based HCV program.

Response to Question for Comment 5: None

Question for Comment 6: Most entities are subject to more than one Federal
accessibility law and architectural standard in the operation of their
housing services, programs, and activities. For example, a public housing
agency receiving HUD funding and operating public housing and voucher
programs may be subject to the design and construction requirements of the
Fair Housing Act,[8] Section 504 as a recipient of Federal financial
assistance, and Title II of the ADA as a public entity. This may require
applying multiple accessibility laws and architectural standards, e.g., the
Fair Housing Act's Accessibility Guidelines, the 2010 ADA Standards under
Title II of the ADA, and HUD's Section 504 accessibility standard. In
addition, State and local laws and building codes will also apply. Most
States and localities now use the International Building Code (IBC) and the
accessibility standard it references, the ICC A117.1 Standard for
Accessible and Usable Buildings and Facilities.

The Department seeks input on ways to harmonize, to the extent possible,
the requirements among the various standards and achieve greater
consistency in the design and construction of buildings and facilities that
are covered by multiple Federal accessibility laws. The Department also
seeks to ensure, however, that accessibility for persons with disabilities
is not reduced and opportunities for modernization of accessibility
requirements are considered.

The Department notes that recipients of HUD funding must be aware of and
comply with the accessibility requirements of all applicable laws,
including Section 504, the ADA, and the Fair Housing Act. Compliance with
one of these statutes does not ensure compliance with other Federal
disability nondiscrimination laws. HUD's adoption of an updated Section 504
Federal accessibility standard for purposes of compliance with its own
Section 504 regulations does not change an entity's obligation to comply
with all applicable laws.

What standards should the Department consider for the purpose of an updated
accessibility standard for its recipients? HUD requests information to
assist the Department in determining whether other specific guidelines
provide sufficient or insufficient accessibility in the context of housing
or other residential facilities funded by HUD. In addition, please provide
information on scoping and other technical provisions the Department should
consider to further accessibility for individuals with disabilities in the
context of housing.

Response to Question for Comment 6:

One strategy to ensure that architects, builders, and realtors understand
the needs of the disability population is to require training across these
industries and any others that are directly relevant to the design,
development, sales and rentals of new and current housing. Training must
include basic disability awareness, the intersectionality of disability and
other groups, the connection between disability and poverty, the needs of
disabilities by type of disability and the variation within disability
type. Beyond basic awareness training, each industry should receive
industry specific training on how to reflect the needs of people with
disabilities in the design phase, building phase, and rental and sales
phase. Consumers with disabilities of all ages have a role to play in
contributing to understanding through their subject matter expertise and
lived experience with disability. A requirement of training must include a
project or product that is inclusive of disability and reflects the input
of consumers with disabilities to ensure a deeper understanding of the
issues that must be addressed to ensure accessibility and affordability.

Question for Comment 7: HUD's Deeming Notice allowed HUD recipients to use
the 2010 ADA Standards under Title II of the ADA—with identified
exceptions, as an alternative accessibility standard in lieu of UFAS for
purposes of Section 504 compliance. The Deeming Notice identified eleven
(11) exceptions where UFAS provides greater accessibility than the 2010 ADA
Standards and must continue to be utilized.[9] Are there other UFAS
provisions that HUD did not identify in its Deeming Notice that should be
retained to further accessibility in HUD-assisted programs?

Response to Question for Comment 7: None