P&A News: Increasing Housing Choices

 ·  Accessible Housing Options Increased

·  Homes Saved

·  Homeless Shelters Made Accessible

·  Families Kept Together

·  Zoning Successes

·  Policy Changes

·  Evictions Halted

Many people with mental or physical disabilities face tremendous difficulties in getting and keeping adequate housing.   Below are stories that demonstrate that people with disabilities – when backed up by strong P&A advocacy – can find and keep their homes.

Accessible Housing Options Increased

The District of Columbia P&A has obtained a court-enforceable commitment from the local public housing authority to build or renovate 565 wheelchair-accessible units.  Before the settlement, one of the plaintiffs, a man who used a wheelchair, could not enter his home or use the bathroom.  As a result of the settlement, he and his family have moved into an accessible home.

Housing options have dramatically increased for thousands of non-elderly people with disabilities in Baltimore because of a lawsuit brought by the Maryland P&A, in conjunction with a Washington D.C. law firm.  The suit resulted in six major changes, including a revised application system, a reasonable accommodation policy, and the development of an accessible-unit tracking system. 

The Utah P&A increased housing options for people with disabilities by working with local developers.  In one case, the P&A convinced a developer to revise its plans during construction to make its units accessible.  In another case, the P&A’s negotiations with a developer resulted in the developer donating $5000 to a local independent living center to increase the amount of accessible housing.

The Hawaii P&A filed a class action lawsuit after the city and county of Honolulu failed to distribute one hundred Section 8 Mainstream Vouchers to individuals with disabilities.  The case settled and the vouchers were distributed.

The Florida P&A successfully challenged the construction of new developments by two public housing authorities which had failed to comply with the accessibility requirements of the Fair Housing Act and the ADA.

Because of the strong advocacy efforts of the Northern Marianas P&A, an individual with a disability was prioritized for housing and assigned housing.

Homes Saved

The Delaware P&A helped a mother and her adult son, both of whom had developmental disabilities, rescue their farm.  The son was befriended by a woman who was trained as a special education teacher.  She tricked him into deeding her the farm for a dollar.   She then tried to charge the family $350 a month to rent their own home!  The P&A filed a lawsuit and got the farm returned to the family.  Both the mother and son are now living peacefully on the farm, despite the continuing court appeals of their supposed  “friend.”

The Pennsylvania P&A also saved a home for a person with disabilities. The client, who had both cognitive and mobility impairments, sold his $40,000 mobile home for $15,000.  The P&A stepped in and got the contract rescinded.

Homeless Shelters Made Accessible

The California P&A’s advocacy resulted in a homeless shelter modifying its policies to allow a resident with a disability to use his attendant, have bed rest and maintain a locker for his medications.  The P&A is now developing a one-page flyer for homeless shelters regarding their obligations to provide reasonable accommodations to people with disabilities.

The Maine P&A also made a homeless shelter accessible.   Even though the shelter had an accessible bathroom, a resident with a wheelchair could not use the bathroom for over a month because it was being used as a storage room.  Once the P&A got involved, the mops and cleaning products were removed so that people with mobility impairments could have an accessible bathroom.

Families Kept Together

The Oregon P&A helped an elderly woman stay in her apartment by getting the landlord to modify her lease so that her care-taking son could live with her.  The P&A also negotiated with the homeowner’s association to have mail delivered to people with mobility impairments so that they would not have to travel three-quarters of a mile to get their mail.

A family with a 26-year old son with a developmental disability wanted to purchase a home in an “age 55 and over” subdivision.  As a result of a lawsuit brought by the Arizona P&A, the subdivision was required to waive its elderly-only policy.

Zoning Successes

After years of litigation, the New York P&A won an appeal on behalf of a provider which wants to build a home for recovering alcoholics and their families.   The case will now go back to the lower court to determine whether the city’s reasons for denying a permit were pretextual and whether the city retaliated against the provider by withdrawing funding after the provider filed a discrimination complaint.

The Delaware P&A has worked with the City of Wilmington to enact an ordinance eliminating barriers to group homes for persons with disabilities.

Because of the advocacy efforts of the Texas P&A, the state housing department has developed a definition of “integrated housing,” which will prevent the development of segregated housing units for people with disabilities.

Policy Changes

The Massachusetts P&A successfully challenged a landlord’s credit policy which required housing applicants to show that they had good rental histories.  This policy negatively affected the P&A’s client because he had been hospitalized for long periods of time.   The policy was modified to allow the client to prove his credit worthiness by showing that he paid his other types of bills on time.

The Maine P&A got a landlord to modify its policy of not renting apartments to persons who had had been evicted or who had poor housekeeping records.  The policy was waived because the applicant was able to show that her past problems were due to mental illness and that she had arranged for increased home health and homemaker services.

The Native American P&A helped a teacher obtain accessible housing after his leg was amputated.  The teacher worked for a local school district, which frequently provided housing for its staff.  While he was recovering from surgery, the school district tried to move him into a smaller, inconvenient home that did not meet his needs.  The school district ultimately agreed to provide him with a fully accessible home.

Several P&As – including the Florida and Wisconsin P&As – have successfully gotten “no pet” policies waived so that people with disabilities can live with their service animals.

The Colorado P&A defended a veteran from an improper collection action taken by his homeowner’s association.   The P&A successfully advocated for a reasonable accommodation that would allow the individual to have clear, concise instructions regarding is financial obligations to the association

The Missouri, New Hampshire and other P&As have gotten “no ramp” policies modified so that their clients with mobility impairments can enter and exit their homes.

The American Samoan P&A helped a man with mobility impairment get accessible appliances in his home.

The California P&A is challenging transitional and supportive housing providers which are requiring their clients, who have serious mental illnesses, to sign agreements that allow immediate evictions without any legal process for use of alcohol, threats of suicide, sexual conduct or aggressive statements.

Evictions Halted

Many P&As ––including the Hawaii, Massachusetts, Maine, Michigan and Nevada P&As – have successfully blocked evictions of clients with mental illnesses.  Landlords initiated eviction proceedings because the individuals were disruptive or unsanitary.  The P&As helped the clients to obtain appropriate mental health treatment and reasonable accommodations so that they could remain in their homes.

The Maine P&A prevented students who had exhibited suicidal behaviors from being kicked out of their dorms.  The P&A convinced school officials that the students were capable of safely residing in the dorms as long as they continued regular mental health treatment.

The above cases are a sampling of the extensive efforts that P&As have made to ensure that there is adequate housing for people with mental and physical disabilities.  Over the next year, P&As will continue to increase housing options for people with disabilities.