Extenuating Circumstances When Screening Applicants with Disabilities

by Steve Gold

HUD states "it has recently come to the attention" of HUD that people with disabilities"face additional challenges during screening procedures [for public housing and housing choice vouchers] due to poor credit histories often exacerbated by outstanding medical costs related to their disability."

Disability advocates have been aware of this for many years so we're  delighted that HUD also now knows about it.

HUD's letter reminds PHAs that "discretion can and should be applied when  determining admissions and occupancy policies."  It further states that  HUD "encourages PHAs to consider extenuating circumstances when screening  applicants with disabilities."

While HUD's "reminder" is very welcomed, disability advocates should  remember that under the disability laws b 504, Fair Housing Act, and ADA,reasonable accommodations and reasonable modifications of policies are  mandatory. The failure to consider the above "extenuating circumstances"  as a basis for a   reasonable accommodation  for a person with a disability   is a   civil rights violation!  A policy that blocks such accommodation is   also a violation.

The "poor credit history" is only one barrier.   Other barriers have also   prevented   people with disabilities   from receiving federal   housing benefits  - past criminal histories, especially pre-disability; needed extra rooms   for   durable medical equipment   or for live-in personal assistants;   mandatory inclusion of costs for meals in 202/811s.  We strongly recommend   that the reasonable accommodation route be used for all of these barriers.

While the above HUD memo was written by an   Assistant Secretary   for  Public Housing, the same     proscriptions apply to all federally funded  housing and to other housing subject to the Fair Housing Act.

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.

Information Bulletins are also posted on my blog located at  http://stevegoldada.blogspot.com/

HUD and HHS Announce Joint Effort to Assist Persons with Disabilities to Move from Institutions to Independence

U.S. Housing and Urban Development (HUD) Secretary Shaun Donovan and Health and Human Services (HHS) Secretary Kathleen Sebelius announced today a joint partnership between the two agencies to help nearly 1,000 non-elderly Americans with disabilities leave nursing homes or other healthcare facilities to live independently.  This is the first time two federal agencies are offering a combination of rental assistance, health care and other supportive services targeted to this population.
     
HUD is providing $7.5 million in rental assistance vouchers that will help nearly 1,000 individuals with disabilities rent private apartments.  Public housing authorities in 15 states will administer the rental subsidies and will work with state human service agencies to identify eligible individuals who could benefit from the program.  For a local breakdown of the funding announced today, visit HUD's Web site. 
       
Individuals receiving rental assistance through the program will also receive health and social supports that will enable them to live independently.  These supports are provided through the HHS Centers for Medicare and Medicaid's "Money Follows the Person" (MFP) grant program, which allows individuals who qualify for Medicaid-funded nursing home or other institutional care to receive supports - such as in-home nursing and personal care services - while living in the community instead.  In places where the MFP program is not available, services will be provided by a state-sponsored institutional transitional program comparable to MFP that includes dedicated supportive services.
     
As part of President Obama's Year of Community Living initiative, HUD and HHS launched a joint effort to provide housing support for non-elderly persons with disabilities who are currently receiving long-term care in institutional settings.  The interagency collaboration is intended to allow persons with disabilities to live productive independent lives in their communities rather than in institutions. 

"The Obama administration is committed to helping Americans with disabilities live independent lives. Housing is a critical piece of the equation when it comes to transitioning out of institutions," said Donovan.  "Coordinating this effort with the Department of Health and Human Services is an important step in ensuring that more Americans with disabilities will have the housing and support they need to fully participate in community life." 

"Through our collaboration with the Department of Housing and Urban Development, I know that we will be able to dramatically change peoples' lives," said Sebelius.  "Individuals with disabilities can have a life in the community that serves their needs and supports them in leading productive, meaningful lives."
     
The funding announced today is being provided through HUD's Rental Assistance for Non-Elderly Persons with Disabilities Program.  It is part of the $40 million HUD made available April 2010 to public housing authorities across the U.S. to fund approximately 5,300 rental assistance vouchers for non-elderly persons with disabilities to promote independent living for this community.  Public housing authorities applied for funding under two categories. 
     
Last October, HUD awarded $33 million to support a first round of 4,300 vouchers, making it possible for non-elderly individuals with disabilities and their families to access affordable housing in communities that meet their housing needs and so avoid potential institutionalization.  Today's announcement is for the second round funding to provide 948 vouchers targeted for non-elderly individuals with disabilities currently living in institutional settings, such as nursing homes, but who could move into a community with assistance. 

These vouchers will augment work already being done by HHS' Centers for Medicare & Medicaid Services (CMS) through its Money Follows the Person (MFP) rebalancing demonstration program.  Now in its fourth year, the MFP program has made it possible for almost 12,000 individuals to live more independent lives by providing necessary supports and services in the community.  Twenty-nine states and the District of Columbia are currently participating in the MFP program and CMS is expecting a new round of grant applications on January 7th.
     
State Medicaid agencies and local human service organizations will link eligible families to local public housing authorities that will administer voucher distribution.  To improve the connections between the housing authorities and Medicaid agencies, HUD and HHS have launched the Housing Capacity Building Initiative for Community Living Project to assist seniors and individuals with chronic conditions who are at risk of institutionalization or who currently receive care in institutional settings, in finding appropriate housing in order to live more independent lives.   
     
The Community Living Initiative is an outgrowth of the 1999 landmark Supreme Court ruling in Olmstead v. L.C.  In that case, the Court ruled that the Americans with Disabilities Act (ADA) protects a person with a disability from being unnecessarily institutionalized.  The Court said that such forced institutionalization can lead to isolation and segregation of individuals with disabilities and be a serious and pervasive form of discrimination.

Outrage: Choice Between Home and Medical Marijuana Cancer Treatment - AARP Bulletin

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by: Michelle Diament | from: AARP Bulletin

When Robert Jones, 70, was diagnosed with cancer in 2007, he found little relief for the pain that came with his intensive chemotherapy treatments. That is, until his doctor prescribed medical marijuana, which not only eased the pain, but also helped to improve his appetite and limit anxiety.

Today, though Jones' cancer is in remission, he continues to use marijuana to stem the lingering effects of the illness. But he recently learned that the treatment could cost him his home.

In October, the Las Vegas, N.M., resident received a letter indicating that he would no longer be eligible for the federal housing voucher that helps cover his $400-a-month rent. The reason: Though Jones' use of medical marijuana is permitted in New Mexico, the drug is not legal at the federal level, wrote Gilbert Almanza Jr., executive director of the San Miguel County Section 8 Housing Program.

Jones appealed the decision, saying he didn't know what he would do without the voucher. He worried that he would be forced to live in a nursing facility.

Full Article

5,300 Housing Vouchers for Non-Elderly Persons with Disabilities

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by Steve Gold - 5,300 Housing Vouchers for Non-Elderly Persons with Disabilities. Information Bulletin #307 (4/2010).

Many of you remember the Information Bulletin issued on 6/30/09 announcing that HUD had issued a "Proposed Notice" - $30 million for 4,000 housing vouchers for non-elderly disabled persons.

HUD received 175 comments! Terrific response. Many of you wrote HUD! Many (not all) of the problems in the Proposed Notice have been eliminated or modified.

On April 7, 2009, HUD and CMS issued a joint release announcing a Notice of Funding Availability (NOFA). The number of vouchers that will be available has increased to 5,300 and they're putting up $40 million. Here is web address for the NOFA:
http://portal.hud.gov/portal/page/portal/HUD/program_offices/administration/grants/fundsavail/nednofa.pdf

These vouchers will be awarded on a competitive basis. Your Public Housing Authority must apply for these in order to receive them. Now the fun really begins. You - advocates for persons with disabilities - must make sure your Public Housing Authority applies before July 7, 2010. HUD plans to announce the winners in October, 2010.

There are two categories of vouchers - Category 1 for 4,300 for persons with disabilities, and Category 2 for 1,000 persons with disabilities in institutions who want to live in the community but cannot afford to without a voucher. Public housing authorities can apply for both categories; maximum number of vouchers for housing authorities relates to the number of baseline units it already has, i.e., larger housing authorities can apply for more vouchers than smaller authorities, as well as other "threshold requirements."

Non-elderly disabled family means the head, spouse or sole member of the family is under 62 and the person with a disability. Can your housing authority identify such families on their waiting list?

A housing authority can use Category 1 funding for people in institutions as long as it establishes a preference under its housing choice voucher program. Category 2 funding is only for families transitioning from an institution to the community. For people who might be "at risk" of going into an institution, HUD states that "PHAs are encouraged to establish a preference for families at risk of institutionalization for Category 1...."

People in institutions - Category 2 folks - are not the natural constituencies of local public housing authorities. Also, most likely, people in institutions are not even on a public housing authority's waiting list. Therefore, some creative effort must be focused on this category. The HUD "Response to Public Comments," which is at the above web address, explains what housing authorities can do to address this issue.

Disability advocates should be contacting their State Medicaid officials immediately. Your State Medicaid officials know if there is a State agency that can apply directly for Category 2 vouchers. If there is, make sure this is actually happening. If there is no such State agency, then your State Medicaid officials (MFP and others) must quickly develop a relationship with local Public Housing Agencies! This will probably be a new venture for your State Medicaid officials and the Public Housing Agencies.

We do not expect your Housing Authorities to welcome you (or even your State Medicaid agency) with great enthusiasm because applying for these vouchers will take work, effort and time. Volunteer to help them.

In a number of States, we do not expect your State Medicaid officials to welcome you, because they have been so long not in the business of freeing persons with disabilities from institutions that such efforts are not part of their culture. Yikes, free people. What a novel idea.

Yes, nothing comes easy! You have 90 days. The clock is running. There are disability advocates throughout the country who will help you. Let's us know if you need assistance.

Also, please keep a record of who you contacted, what dates, what they said, etc. We will collect it after 7/7/10.

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.

HHS, HUD PARTNER TO ALLOW RENTAL ASSISTANCE TO SUPPORT INDEPENDENT LIVING FOR NON-ELDERLY PERSONS WITH DISABILITIES

Thousands of Americans with disabilities will have housing assistance specifically targeted to meet their needs, Health and Human Services (HHS) Secretary Kathleen Sebelius and Housing and Urban Development (HUD) Secretary Shaun Donovan announced today.

As part of President Obama’s Year of Community Living initiative, HHS and HUD collaborated to provide housing support for non-elderly persons with disabilities to live productive independent lives in their communities rather than in institutional settings. HUD is offering approximately $40 million to public housing authorities across the country to fund approximately 5,300 Housing Choice Vouchers for non-elderly persons with disabilities, allowing them to live independently. HHS will use its network of state Medicaid agencies and local human service organizations to link eligible individuals and their families to local housing agencies who will administer voucher distribution.

The vouchers will augment work already being done by the Centers for Medicare & Medicaid Services (CMS) through its Medicaid Money Follows the Person (MFP) grant program. Originally set to expire next year, the “Patient Protection and Affordable Care Act of 2010” extended the MFP program through 2016 with an additional appropriation of over $2 billion. The Act also cut to three months, from the previous six months, the amount of time a person must be in an institution to qualify for help making the transition to community life.

“This number of vouchers to this community is a major milestone for HUD,” said Donovan. “I am pleased that two federal agencies have combined efforts to give these individuals the independence they so desperately want and deserve.”

“This commitment by HHS and HUD to directly link housing support to these individuals will be of immeasurable value not only to them, but to the communities in which they will be living,” said Sebelius. “Individuals with disabilities have so much to contribute to the quality of life in our communities when given the freedom and opportunity to do so.”

Of the 5,300 vouchers set aside as part of this program, up to 1,000 will be specifically targeted for non-elderly individuals with disabilities currently living in institutions but who could move into the community with assistance (Category II). The remaining 4,300 (Category I) can be used for this purpose also, but are targeted for use by non-elderly individuals with disabilities and their families in the community to allow them to access affordable housing that adequately meets their needs.

In addition, HUD is encouraging housing authorities to establish a selection preference to make some or all of their Category I allocation available to individuals with disabilities and their families who, without housing assistance, are at risk of institutionalization. Housing authorities have 90 days to submit their applications to HUD. HUD expects to have funding awards ready late fall 2010.

“Many of these individuals are low-income and can not afford market rates for housing. For a number of Americans, these vouchers, along with Medicaid home and community-based services, are essential supports that make the President’s vision for community living possible,” Sebelius noted.

The Year of Community Living is an outgrowth of a 1999 Supreme Court decision in Olmstead v. L.C., in which the court ruled that under the Americans with Disabilities Act (ADA) unnecessarily institutionalizing a person with a disability who, with proper support, can live in the community can amount to discrimination. In its ruling, the Court said that institutionalization severely limits the person’s ability to interact with family and friends, to work and to make a life for him or herself.

As a result of the Olmstead ruling, HHS issued guidance to states on how to make their Medicaid programs more responsive to people living with disabilities who wish to reside in the least restrictive setting. Today’s announcement is yet another step in HHS’s 10-year effort to achieve that goal.

HUD Funds Available Announcement

Tenant Based Rental Assistance, Housing and Olmstead. Information Bulletin # 303 (3/10)

by Steve Gold

The HOME Investment Partnership program allocates federal housing funds both to State housing agencies and to local participating jurisdictions. The amount of federal funds depends on the population size. This program has existed since 1992.

State and local recipients have discretion regarding how to allocate these funds:
(1) homebuyer assistance
(2) homeowner rehabilitation
(3) construction, rehabilitation or acquisition for rental units
(4) Tenant-Based Rental Assistance (TBRA).

TBRA is a rental subsidy which is like housing vouchers/Section 8 vouchers.

A TBRA could be used to help people leave institutions - IF the State decided to use its HOME funds for this purpose. It's that simple!!!

Here's how your State HOME agency used its HOME funds since 1992 only with regards to TBRA.

The number of people who received a TBRA are:                       

Alabama              0
Alaska                  197
Arizona                708
Arkansas              4,127
California.          1,428
Colorado                484
Connecticut.            463     
Delaware                  0 
D. C.                1,811     
Florida.              1,884
Georgia.                86
Hawaii.            807                   
Idaho                    0
Illinois                97     
Indiana                295     
Iowa.                1,981               
Kansas              11,762         
Kentucky            11,292
Louisiana            397             
Maine.                  608
Maryland                95             
Massachus              420       
Michigan              1,661
Minnesota                  0
Mississippi          2,693
Missouri              4,276
Montana.                  708 
Nebraska                0   
Nevada.                  0
New Hampshire.        0
New Jersey.          6,355
New Mexico            3,973
New York                383
North Carolina.      1,754
North Dakota.        10,258
Ohio                  2,729
Oklahoma                  229
Oregon              11,573
Pennsylvania          11
Rhode Island        16
South Carolina.      2,583
South Dakota.          280
Tennessee                0
Texas                6,571
Utah                    216
Vermont                  0
Virginia.                7         
Washington.          9,790   
West Virginia            0
Wisconsin            1,976     
Wyoming              0

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.

HUD's Failure to Enforce Accessibility in the HOME Investment Partnership program

Steve Gold's Information Bulletin #302 (3/10)

Many of you remember the struggles the disability advocates had with HUD in late 90s/early 2000s with regards to HUD's failure to enforce of Section 504 of the Rehabilitation Act of 1973 which required accessibility of Public Housing Authorities' housing. As a result of your efforts, including complaints you filed, HUD finally conducted a number of compliance reviews and signaled the clear duty of PHAs to have at least 5% of public housing units accessible for people with mobility disabilities and another 1% for people with hearing and visual impairments.

Well folks, it's about time HUD conducted similar enforcement with regards to the $22 billion of federal funds that have been allocated throughout the country via the federal HOME Investment Partnership. Nearly 350,000 rental units have used HOME funds for new construction, rehabilitation and/or acquisition.

National data shows that about 45% of these rental units are occupied by families whose incomes are less than 30% of the average median income and another 40% whose incomes are between 30-50% of the AMI. The lowest-income people are primarily in HOME's rental units.

Wouldn't it be great if low-income people with disabilities were renting these units? Wouldn't it be terrific if HUD had conducted accessibility HOME compliance reviews? Hmm, we might even have a lot more accessible units available for low-income people with disabilities.

Here's where you can find HOME information in your state. Go to http://www.hud.gov/offices/cpd/affordablehousing/reports/#npr, click on Dashboard Reports and then your State. You can then see which "participating jurisdiction" you are in. Click on the pdf file. You will then find a chart which provides cumulative information (since 1992) regarding the total number of units completed and the percentage that are rental (HOME also funds Homebuyers and Homeowner).

Once you get that information, you can figure out what number of HOME's rental units in your area must comply with the 5%/1%/1% accessibility mandate. With this information, you can talk with your "participating jurisdiction" public officials who administer the HOME funds. If you have any problem finding out who they are, just telephone your regional HUD officials and ask them. Even if HUD officials do not know whether Section 504 has been complied with in the HOME program, they do know the local and state officials who have received $22 billion.

Now the fun begins. Visit the HOME administrators and ask for the addresses of the accessible units. If they do not know or refuse to provide it, file a complaint with HUD! Yes, ten years later we're back to HUD, except this time it's regarding HUD's failure to ensure HOME recipients comply with Section 504. We had some success with forcing HUD to monitor public housing and now we'll push HUD to monitor HOME funds.

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.

Come on HUD, Free People from Nursing Homes

by Steve Gold
Information Bulletin # 301 (2/2010)

Ah, the hopes raised by a new HUD administration. Early last year, Congress provided funds for 4,000 Mainstream Vouchers for Non-Elderly People with Disabilities. New Secretary of HUD, Shaun. L. Donovan, met with ADAPT and agreed with ADAPT that 1,000 of these vouchers should be used to help disabled people move out of nursing homes.

On June 22, 2009, HUD issued a "Proposed Notice" in the Federal Register. Comments were due by July 14, 2009. A number of you responded with comments.

Before any of these 4,000 vouchers can be used, HUD must publish in the Federal Register a Notice of Financial Availability (NOFA) so that Public Housing Authorities and others can submit competitive bids for these vouchers. Yes, another Federal Register publication. After that occurs, HUD must review the bids and then allocate the vouchers.

How many people will die before one voucher is used? How many people with disabilities will develop bed sores in nursing facilities? Urinary tract and other infections in these institutions? How many people in what President Obama called "the year of community living" exist in nursing homes waiting for these vouchers?

Hmm. Why has it taken more than SEVEN months and still NO NOFA? Doesn't HUD understand that there are people unnecessarily institutionalized solely because they cannot afford to rent an apartment without the rental assistance of a voucher? Doesn't HUD and the White House realize there are actual cost savings from using the vouchers and having people live in the community? Doesn't anyone in the White House or HUD have a relative in a nursing facility who wants to get out? Don't they understand how dangerous nursing facilities are?

Here is one excuse we've heard - approval of the NOFA is "in process at OMB." Well, tell Secretary Donovan to at least pretend that these vouchers and ending discrimination against people with disabilities is a HUD priority. Tell him to get his butt down to OMB and tell them he's not leaving until these vouchers get out of OMB! If he needs company at OMB, let us know!

Send HUD an email - Shaun.L.Donovan@hud.gov to "Free Our People."

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.

Sharp Expansion of HUD’s “Moving-To-Work”Demonstration Raises Serious Concerns — Center on Budget and Policy Priorities

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By Will Fischer

A proposal before Congress would sharply expand HUD’s Moving-to-Work (MTW) demonstration. Unless important limitations are added, this expansion would reduce the number of families receiving housing assistance by shifting funds out of the Section 8 housing voucher program. It also would expose more low-income families to risky policies than is necessary to test innovative approaches, and allow local policies to diverge to a degree that could weaken housing assistance programs.

The proposal is part of the Section 8 Voucher Reform Act (SEVRA), which overall is an important, well-crafted measure containing significant improvements to the voucher program and other federal rental assistance programs; the House Financial Services Committee approved the bill in July 2009. SEVRA includes a provision that would allow up to 80 state and local housing agencies to participate in the Moving-to-Work demonstration program (compared to 30 today) and rename it the Housing Innovation Program (HIP).

Despite its name, MTW is not focused primarily on supporting employment. MTW allows HUD to grant sweeping waivers of a wide range of federal statutes and regulations to agencies that administer voucher and public housing programs in order to test experimental policies. It also allows HUD to establish special funding formulas for MTW agencies and to permit them to shift funds between the voucher program and public housing.

SEVRA’s MTW provision would constitute a fundamental and far reaching change to federal housing policy, as the expanded demonstration could affect close to 1 million vouchers and public housing units — about 30 percent of the total nationally.

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“SEVRA” Housing Voucher Reform Bill Would Update and Streamline Program — Center on Budget and Policy Priorities

By Will Fischer

The Section 8 Voucher Reform Act (SEVRA), which the House Financial Services Committee approved in July and the full House will likely consider this fall, contains a series of important, carefully crafted measures to strengthen the housing voucher program. Most significantly, it would help and encourage state and local housing agencies to assist more needy families within the available funds, an important improvement at a time of rising poverty and homelessness. In addition, the bill would reduce administrative burdens for housing agencies and private owners, strengthen work supports, and provide more flexible and effective assistance to low-income families.

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2008 Mainstream Voucher Recipients- Information Bulletin #292 (8/09)

by Steve Gold On 8/5/09, HUD announced the Housing Authorities that competed and won 2008 Mainstream vouchers. The list of HAs is below together with the number of vouchers. These vouchers are targeted for non-elderly people with disabilities. These vouchers were competitive. Did your Housing Authority apply for them? Do non-elderly people with disabilities in your area need housing vouchers? Has your Housing Authority recognized that there are people in institutions because they cannot afford housing and would leave the institutions if they had one of these vouchers? If your Housing Authority did not apply, why not? Obviously, it is important to make sure that the 2008 Mainstream vouchers below are awarded properly and only to non-elderly people with disabilities. Have you discussed with the Housing Authorities listed below how they plan to do this? The 2008 vouchers listed below are NOT the 4,000 Mainstream vouchers funded in 2009, which we discussed in the Information Bulletin #290 on June 30, 2009. See http://www.stevegoldada.com Have you met with your Housing Authority regarding the 2009 Mainstream vouchers, which are also for non-elderly people with disabilities? Is your Housing Authority planning to apply for the 2009 vouchers? If you have met with your Housing Authority officials regarding the 2009 Mainstream's 4,000 vouchers and if they are not going to apply, we'd like to hear what they said and to learn why they will not apply. Thanks. Congratulations to the following 2008 Winners: Sacramento County Housing Authority....... CA 100 Housing Authority of the City of Orlando... FL 100 City of Des Moines Municipal Housing Agency... IA 53 Chicago Housing Authority..................... IL 100 Housing Authority of Joliet................... IL 45 Housing Authority of the County of Cook....... IL 100 Topeka Housing Authority...................... KS 75 Cambridge Housing Authority................... MA 100 Framingham Housing Authority.................. MA 90 Housing Opportunities Commission of Montgomery MD 100 Housing Authority of the County of Butler..... PA 50 Town of Cumberland Housing Authority.......... RI 29 Town of North Providence Housing Authority.... RI 25 King County Housing Authority................. WA 100 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

H.R. 3117: To provide enhanced voucher rental assistance for residents of certain federally assisted... (GovTrack.us)

H.R. 3117: To provide enhanced voucher rental assistance for residents of certain federally assisted... (GovTrack.us): "To provide enhanced voucher rental assistance for residents of certain federally assisted low-income housing, and for other purposes. Sponsor: Rep. Stephen Lynch [D-MA9](no cosponsors) Status: Introduced Jul 7, 2009 Referred to Committee This bill is in the first step in the legislative process. Introduced bills and resolutions first go to committees that deliberate, investigate, and revise them before they go to general debate. The majority of bills and resolutions never make it out of committee. [Last Updated: Jul 8, 2009 12:05PM] Last Action: Jul 7, 2009: Referred to the House Committee on Financial Services.

Funding Awards: Elderly & Disabled Housing

SUMMARY: In accordance with Section 102(a)(4)(C) of the Department of Housing and Urban Development Reform Act of 1989, this announcement notifies the public of funding decisions made by the Department for funding under the Fiscal Year (FY) 2007 Notice of Funding Availability (NOFA) for the Resident Opportunity and Self-Sufficiency Elderly/Persons with Disabilities Program funding for FY2007. This announcement contains the consolidated names and addresses of award recipients selected for funding based on the rating and ranking of all applications and the allocation of funding available for each state. This program is intended to promote the development of local strategies to coordinate the use of assistance under the ROSS program with public and private resources to enable participating families to achieve economic independence and self-sufficiency. A Public and Indian Housing Program Coordinator assures that program participants are linked to the supportive services they need to achieve self-sufficiency.

Pet Ownership for the Elderly and Persons With Disabilities; Final Rule

This final rule amends HUD's regulations governing the requirements for pet ownership in HUD-assisted public housing and multifamily housing projects for the elderly and persons with disabilities. Specifically, this final rule conforms these pet ownership requirements to the requirements for animals assisting persons with disabilities in HUD's public housing programs, other than housing projects for the elderly or persons with disabilities. This final rule follows publication of an October 15, 2007, proposed rule, and takes into consideration the public comments received on the proposed rule. In response to one comment, HUD has made a nonsubstantive change to the proposed rule. Specifically, consistent with the phrasing used in HUD's public housing pet ownership regulations, this final rule amends the assisted housing regulations to refer to ``animals that assist, support, or provide service to persons with disabilities.'' DATES: Effective Date: November 26, 2008

Section 202 Demonstration Pre-Development Grant Program

The purpose of this Demonstration Pre-Development Grant program is to assist Sponsors of projects that receive Fund Reservation Awards pursuant to the FY2008 SuperNOFA for the Section 202 Supportive Housing for the Elderly program by providing pre-development grant funding for architectural and engineering work, site control, and other planning related expenses that are eligible for funding under the Section 202 Supportive Housing for the Elderly program. Subsequent to providing pre-development grant funding to the selected applicants, HUD will assess the impact of the availability of such funding on the ability of project Sponsors to expedite the development processing of projects from Section 202 Fund Reservation to Initial Closing within 18 months. The application deadline date is: December 16, 2008.

Final Fair Market Rents for Fiscal Year 2009 for the Housing Choice Voucher Program

Section 8(c)(1) of the United States Housing Act of 1937 (USHA) requires the Secretary to publish FMRs periodically, but not less than annually, adjusted to be effective on October 1 of each year. The primary uses of FMRs are to determine payment standard amounts for the Housing Choice Voucher program, to determine initial renewal rents for some expiring project-based Section 8 contracts, to determine initial rents for housing assistance payment (HAP) contracts in the Moderate Rehabilitation Single Room Occupancy program (Mod Rehab), and to serve as a rent ceiling in the HOME rental assistance program. Today's notice provides final FY2009 FMRs for all areas that reflect the estimated 40th and 50th percentile rent levels trended to April 1, 2009. The FY2009 FMRs are based on 2000 Census data updated with more current survey data. For FY2009, FY2008 FMRs are updated using 2006 American Community Survey (ACS) data, and more recent Consumer Price Index (CPI) rent and utility indexes. HUD continues to use ACS data in different ways according to how many two-bedroom standard-quality and recent-mover sample cases are available in the FMR area or its Core-Based Statistical Area (CBSA). Revised 2006 FMRs based on Census and ACS data have been updated with CPI data through the end of 2007 and then trended to April 2009, the mid-point of FY2009. DATES: Effective Date: The FMRs published in this notice are effective on October 1, 2008.

Steve Gold's Information Bulletin # 259 (9/08) - Unnecessary Institutionalization & Public Housing

Throughout the country, Public Housing Authorities have waiting lists for both their housing vouchers and public housing units. In many states, people are in nursing homes because they cannot afford to rent an apartment or housing unit on their limited SSI incomes. Without either a housing voucher or a public housing units, many people in nursing facilities will continue to be institutionalized. The question that has been raised a number of times is whether or not your Public Housing Authority could target their vouchers and public housing units to help transition people out of nursing homes and other institutions? People have complained that their Public Housing Authorities, because they have waiting lists for housing vouchers and public housing units, have not been responsive and have presented a number of excuses to using their vouchers and housing units to end unnecessary institutionalization. Here are a number of points you should be aware of: 1. Yes, your Pubic Housing Authority can open its waiting list for one preference category of people - for example, people transitioning out of institutions. 2. Yes, it is possible for your Public Housing Authority to establish a preference for persons transitioning out of institutions, so long as the preference is not targeted towards people with a specific disability(e.g., MI, or PD) and the preference is not based on where a person resides (e.g., one particular institution). Other than those two, it can give the preference. 3. Yes, your Housing Authority's waiting list can be opened indefinitely for the preference group of people transitioning out of institutions. 4. A Public Housing Authority can limit the number of applicants who qualify for any specific preference. 5. In order for your Public Housing Authority to establish the preference for both its housing vouchers and housing units for persons transitioning out of institutions, the Public Housing Authority must prepare a revision of its administrative plan that states the new preference and complies with other HUD procedural hoops. Disability and elderly advocates: What are you going to do to ensure that your Public Housing Authority establishes a preference for persons transitioning out of institutions? Advocates have to make sure it does. This requires a strategy and some political clout. Do you have it? "Power concedes nothing without a struggle." Frederick Douglas.

Public Housing Evaluation and Oversight

This proposed rule would make two sets of amendments to improve evaluation and oversight of public housing agencies (PHAs).

First, this proposed rule would amend HUD's Public Housing Assessment System (PHAS) regulations for the purposes of:

1. consolidating the regulations governing assessment of a PHA's program in one part of the Code of Federal Regulations (CFR);
2. revising certain PHAS regulations based on the Department's experience with PHAS since it was established as the new system for evaluating a PHA in 1998; and
3. updating certain PHAS procedures to reflect recent changes in public housing operations from conversion by PHAs to asset management, including updating and revising the PHAS scoring.

PHAS is designed to improve the delivery of services in public housing and to enhance trust in the public housing system among PHAs, public housing residents, and the general public, by providing a management tool for effectively and fairly measuring the performance of a PHA in essential housing operations of its projects, based on standards that are uniform and verifiable. The changes proposed by this rule are intended to enhance the efficiency and utility of PHAS.

Second, the proposed rule would establish, in a separate part of the CFR, the regulations that would specify:

1. the actions or inactions by which a PHA would be determined to be in substantial default,
2. the procedures for a PHA to respond to such a determination or finding, and
3. the sanctions available to HUD to address and remedy substantial default by a PHA.

To date, such regulations have been included in the PHAS regulations, but the actions or inactions that constitute substantial default are not limited to failure to comply with PHAS regulations. Accordingly, the proposed regulations applicable to substantial default are more appropriately codified in a separate CFR part.

This proposed rule is also publishing the scoring processes for each of the PHAS scoring categories as appendices to part 902. Although these scoring processes are proposed as appendices, it is also possible that, at the final rule stage, they will be published as separate notices as has been HUD's practice to this point.

Comment Due Date: October 20, 2008.

Streamlining Public Housing Programs

SUMMARY:

This proposed rule would support HUD's overall objective to streamline the regulations governing public housing programs and to facilitate the transition of public housing agencies (PHAs) to asset management. In general, this proposed rule would streamline portions of the public housing regulations, and more closely align the regulatory framework of public housing with other federally subsidized housing programs, providing PHAs greater flexibility within the parameters of current law. This proposed rule offers general principles and basic guidelines for PHAs to follow, rather than overly prescriptive measures, thus allowing PHAs to operate projects more efficiently as PHAs move toward asset management.

DATES: Comment Due Date: October 6, 2008.

State Aims to Help Families Struggling to Buy Food

New York Region State Aims to Help Families Struggling to Buy Food By KIRK SEMPLE Published: July 2, 2008 The state has found a way to significantly increase federal food assistance — by more than 50 percent in some cases — for about 114,000 impoverished households around the state. The increases are allowable under provisions in federal law that enable residents enrolled in the federal home-energy subsidy program to receive higher food stamp allocations. To benefit from the increases, 114,000 households, most of whom are in New York City public and Section 8 subsidized housing, will be enrolled in the energy subsidy program. The strategy is part of the state’s energy assistance plan, which is currently undergoing public comment and must be submitted to the federal Department of Health and Human Services by Sept. 1. State officials said they planned to begin the increase in food stamps on Oct. 1.