Debra McGheeDirector, Baltimore Center

Fair Housing & Equal Opportunity

U.S. Department of HUD

How does this Work in Real Life?

Bases of Complaints

Bases for Complaints Filed with HUD and FHAP FY2009 (10,242 Total)

Disability is Defined By Laws

• Disability means:

(A) A physical or mental impairment that substantially limits one or more of the major life activities

(B) A record of impairment

(C) Being regarded as having such an impairment.

Major Life Activities

• Include such things as:

Caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working.

Reasonable AccommodationsA recipient shall modify its housing policies & practices to ensure that these. . . . do not discriminate on the basis of disability against a qualified individual with disabilities.

Policies that might be changed :

Important Principles• Persons with Disabilities cannot be required

to fill out a specific form or to document obvious needs.

• An unreasonable delay is equivalent to denial of an accommodation.

• Even if an accommodation is unworkable due to administrative & financial burden—must engage in the interactive process.

The Requested Accommodation must be related to

the Disability

HUD Case Study #1Margaret McNeil, a double-

amputee, appealed to HUD because her housing agency failed to provide

her an accessible unit.

Prisoner In her own Home

the outcome The Portsmouth housing agency paid McNeil a nearly $22,000

settlement and footed the bill to move her into a new, fully

accessible unit.

Margaret McNeil, 65, looks out across the spacious living room in her new Portsmouth home. Photo taken July 1, 2011. (Ross Taylor | The Virginian-Pilot)

the changes The Portsmouth agency is required to give staff additional training in

fair housing laws including the Fair Housing Act and Section 504.

HUD Case Study #2

• Complainant had disability and a son and a daughter residing in 2 bedroom, project-based Section 8.

• CP’s son developed mental disability, needed own bedroom.

• CP requested transfer, provided medical documentation, was put on list.

HUD Case Study #2

• CP’s son became violent.

• CP sent daughter to reside with relatives in another state for her protection.

• CP waited more than a year to be transferred.

• Three bedroom units were given away to others.

HUD Case Study #2

“ . .my daughter is back home where she belongs. . . You all have righted the wrong and I could not thank you enough for that I know without your involvement it would not have been done!”

HUD Case Study #3

• CP began living in Public Hsg in 2003

• During 2005 recertification CP named T.H. as her live-in-aide and provided doctor’s certification of need.

• CP identified TH as her Live-In-Aide in 2007, 2008, 2009

• During a ‘crack-down’ on unauthorized residents CP was threatened with eviction because of her “boyfriend.”

HUD Case Study #3

• CP went to Legal Aid. Attny submitted documentation of need & formal request. CP remained under threat of eviction from March - Sept. During this time she suffered a heart attack & underwent cardiac surgery.

• Her primary care physician provided HUD with statement that CPs health had declined, medications had increased & she had spoken of her fear of losing her housing.

HUD Case Study #3

• HUD issued finding of Non-Compliance.

• PHA settled with CP and the Department

• CP received $15,000 and PHA is engaged in comprehensive retraining of staff; outreach to residents.

HUD does not Always Find for the CP!

A Word About Support Animals

Do NOT need to be “Certified” or Trained.

Should NOT be subject to a “pet deposit” or Restricted Breed Rules

ARE subject to lease provisions—i.e., must not disturb neighbors or destroy property.

Panel Discussion