OVERVIEW
-
Supportive Housing: What & Why?
Supportive Housing Advocacy
- ADA Integration Mandate
- Fair Housing Laws
- Land Use and Planning
- Siting Strategies
SUPPORTIVE HOUSING: WHAT AND WHY?
WHAT IS SUPPORTIVE HOUSING?
-Permanent: No time limits
-Supported: Flexible non-mandated onsite or
offsite services and supports to maximize
independence
-Rights and responsibilities of tenancy
-Affordable
-Integrated
-Choice of units and roommate
NEW HCBS MEDICAID RULE
All Settings Eligible for HCBS Waiver Reimbursement
Must:
- Be integrated in and support full access to the
community;
- Be selected by individual from among options;
- Ensure rights to privacy, dignity, respect and freedom
from coercion and restraint;
- Optimize autonomy and independence in making life
choices; and
- Facilitate choice regarding services and providers
NEW MEDICAID HCBS RULE
Additional Criteria for Provider-Owned or Controlled
Home and Community-Based Residential Settings:
- Individual has lease or similar agreement;
- Individual has privacy in unit including lockable doors,
choice or roommates and freedom to furnish or decorate
the unit;
- Individual controls his or her own schedule including
access to food at any time; and
- Setting is physically accessible .
NEW MEDICAID HCBS RULE
Rebuttable presumption that these are NOT communitybased settings:
- Nursing Facilities
- Institutions for Mental Disease
- Intermediate Care Facilities for People
- Hospitals
- Any other setting that has the effect of discouraging
integration of individuals from the broader community
SUPPORTIVE HOUSING WORKS
SH is a successful, cost-effective model for
providing housing & services to people who
would otherwise be institutionalized or at risk of
institutionalization.
- National Governors Association; NASMHPD;
DOJ; HUD; Surgeon General; SAMHSA;
National Council on Disability
SUPPORTIVE HOUSING ADVOCACY
-
ADA Integration Mandate
-
Fair Housing Laws
-
Land Use and Planning Laws
-
Siting Strategies
ADA INTEGRATION MANDATE
ADA INTEGRATION MANDATE
States must “administer services,
programs, and activities in the most
integrated setting appropriate to the needs
of qualified individuals with disabilities.”
28 C.F.R. § 35.130(d)
28 C.F.R. § 41.51(d)
UNNECESSARY INSTITUTIONALIZATION:
- Perpetuates unwarranted assumptions that people with
disabilities are incapable or unworthy of participating in
community life; and
- Severely diminishes everyday life activities, including
family relations, social contacts, work options, economic
independence, educational advancement, and cultural
enrichment.
Olmstead v. LC, 527 U.S. 581 (1999)
COMMUNITY PLACEMENT REQUIRED WHEN:
1. The state’s treatment professionals have
determined that community placement is appropriate;
2. The individual does not oppose community
placement; and
3. The placement can be reasonably accommodated,
taking into account the resources available and the
needs of others with disabilities.
Olmstead v. LC, 527 U.S. 581 (1999)
OLMSTEAD PLANS
A state can establish a fundamental
alteration defense through a
comprehensive, effectively working plan
for community placement, and a waiting
list that moves at a reasonable pace not
controlled by endeavors to keep institutions
fully populated.
SUPPORTIVE HOUSING AS OLMSTEAD REMEDY
Remedies for Olmstead violations “typically
require the public entities to expand the capacity
of community-based alternatives by a specific
amount, over a set period of time.”
- Statement of
the DOJ on Enforcement of the Integration Mandate
of Title II of the ADA and Olmstead v. L.C. (Jan. 22, 2011)
CONSUMER CHOICE
“Individuals who have been institutionalized and
segregated have often been repeatedly told that they
are not capable of successful community living and have
been given very little information, if any, about how they
could successfully live in integrated settings. As a result,
individuals’ and their families’ initial response when
offered integrated options may be reluctance or
hesitancy.”
-
Statement of the DOJ on Enforcement of the Integration Mandate of
Title II of the ADA and Olmstead v. L.C. (Jan. 22, 2011)
CHAMBERS V. SAN FRANCISCO (ND CA 2006)
SETTLEMENT (2008)
Housing
- Preservation of Housing
- LHH Rental Subsidy Program
Services & Case Management
-Access to NF/AH Waiver Services
- Diversion and Community Integration Program
-Targeted Case Management
- Community Living Plans
- City-Funded Community Living Fund
- City-Provided MH & SA Services
O’TOOLE (DAI) V. CUOMO (ED NY 2003)
SETTLEMENT (2013)
NY state will provide as many scattered-site,
supported housing units as necessary to
afford all adult home residents with serious
mental illnesses the opportunity to live in the
most integrated setting appropriate to their
needs, and will provide and maintain community
services and supports.
O’TOOLE (DAI) V. CUOMO (ED NY 2003)
2013 SETTLEMENT
Community services and supports include, but are not limited to:
- Care coordination
- Psychiatric rehabilitation services
- Employment services
- Assistance with taking medication
- Home health care
- Personal assistance services
- Assertive community treatment
- Crisis services
-
Hundreds of thousands of people with disabilities remain on
waiting lists for HCBS services.
-
People younger than 65 are increasingly being isolated in nursing
homes;
-
Progress in providing HCBS for persons with physical disabilities
and mental illnesses has lagged significantly behind efforts for
individuals with intellectual and developmental disabilities.
U.S. Senate “Harkin Report,” Separate and Unequal: States Fail to Fulfill the
Community Living Promise of the Americans with Disabilities Act (July 18,
2013)
FAIR HOUSING LAWS
CONSTITUTIONAL DUE PROCESS
- Land use and zoning ordinances violate 14th Am right
to due process if they are not rationally related to a
legitimate governmental purpose
City of Cleburne v. Cleburne Living Center, Inc 473 U.S.
432, 446 (1985)
- State constitutions may provide more protection.
FAIR HOUSING STATUTES
-
Fair Housing Amendments Act (1988)
Americans with Disabilities Act (1990)
Section 504 Rehabilitation Act (1973)
Similar State Statutes
FAIR HOUSING AMENDMENTS ACT
Unlawful to “discriminate in the sale or rental, or
to otherwise make unavailable or deny, a
dwelling to any buyer or renter because of a
handicap of that buyer or renter, a person residing or
intending to reside in that dwelling after it is sold,
rented or made available, or any person associated
with that buyer or renter.”
42 U.S.C § 3604(f)(1)
USING FAIR HOUSING LAWS TO PROMOTE SH
Discriminatory Actions Directly by Neighbors
- Intimidation, Threats, Harassment & Coercion
- Free speech concerns
- Neighbor Buy-Outs
- “Normal economic competition”
USING FAIR HOUSING LAWS TO PROMOTE SH
Discriminatory Actions by Local Government
- Siting Barriers
- Numerical Restrictions
- Spatial Separation Restrictions
- Pretextual Health and Safety Restrictions
- Refusal to Fund
- Refusal to cooperate with funding
application
LAND USE AND PLANNING LAWS
FEDERAL AND STATE PLANNING
REQUIREMENTS
-Consolidated Plan
- Condition of federal funding for affordable
housing
- Similar State Law Requirements
- E.g. California Housing Elements
ELEMENTS OF CONSOLIDATED PLANS
Con Plans Must Include:
- Housing and Homelessness Needs Assessment
- Market Analysis
- Strategic Plan
- Annual Action Plan
- Summary of Citizen Participation and Consultation
- Annual Certifications of Compliance
Any housing activities supported by federal funds must be
consistent with the jurisdiction’s Con Plan.
USING LAND USE PLANNING TO PROMOTE SH
- Participate in planning processes at federal, state and local
levels
- Nothing about us without us
- Ensure that land use plans comply with fair housing laws
- Reasonable accommodation ordinances
- Ensure that proposed or existing restrictive zoning
ordinances comply with land use plans
- Local officials consult zoning codes, not planning
documents
SITING STRATEGIES
SIX STEPS TO BUILDING COMMUNITY SUPPORT
1. Plan at least two meetings to research, assess and
plan strategies in key areas.
2. Prepare a political strategy.
3. Prepare a strategy to build public support.
4. Prepare a strategy to work through community issues.
5. Prepare a legal strategy.
6. Prepare a public relations/media strategy.
QUESTIONS?
HELPFUL WEBSITES – US GOVERNMENT
- Center for Medicare and Medicaid
Services: www.medicaid.gov
- Department of Housing and Urban
Development: www.hud.gov
- Department of Justice: www.justice.gov
- Substance Abuse and MH Services
Administration: www.samhsa.gov
HELPFUL WEBSITES – NONPROFITS
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-
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Bazelon Center for Mental Health Law:
www.bazelon.org
Corporation for Supportive Housing: www.csh.org
Disability Rights California (coming soon:
Everyone’s Backyard – Addressing “Not In My
Backyard” Opposition to Supportive Housing for
People with Mental Health Disabilities)
www.disabilityrightsca.org
Technical Assistance Collaborative:
www.tacinc.org
CONTACT INFORMATION
Pamela Cohen
Disability Rights California
1330 Broadway, Suite 500
Oakland CA 95616
(510) 267-1200
Pamela.cohen@disabilityrightsca.org