Bazelon Center Celebrates Critical Civil Rights Protections for People with Disabilities in New HHS Rule

 

The Bazelon Center commends the U.S. Department of Health & Human Services (HHS) for issuing the new Section 504 Final Rule, Discrimination on the Basis of Disability in Health and Human Service Programs or Activities.   The rule updates and strengthens the lead regulation implementing Section 504 of the Rehabilitation Act of 1973, a federal law that prohibits disability-based discrimination in federally funded health and human service programs and activities, including in healthcare and child welfare programs. The HHS Section 504 rule incorporates the U.S. Supreme Court’s ruling in Olmstead v. L.C. (Lois Curtis) that people with disabilities have a right to live and receive services in their homes and community and to be free from segregation and unnecessary institutionalization. It also explains how this mandate applies in the child welfare system.   “HHS’ new Section 504 rule updates and clarifies federal disability rights regulations that had not been updated since the 1970s,” explained Bazelon Legal Director Megan Schuller. “The new rule is an important step towards realizing the promise of these laws to eradicate disability discrimination in all its forms, including the continued isolation and unnecessary institutionalization of people with mental disabilities.”   Last fall, the Bazelon Center co-authored coalition comments with members of the Consortium for Constituents with Disabilities (CCD) that responded to HHS’ then-proposed Section 504 rule. The comments included key Bazelon Center priorities. Bazelon led coalition efforts to ensure the full integration of people with disabilities in the community and to advance the rights of children and parents with disabilities in the child welfare system. We are pleased to see our recommendations reflected in the rule.   Responsive to feedback from Bazelon and partners, the rule defines “most integrated setting” broadly. This updated definition aligns with longstanding Department of Justice Olmstead guidance, as well as widely accepted Key Principles for Community Integration for People with Disabilities. The rule also recognizes that an entity’s practices, as well as its policies, can result in segregation, and that settings like group homes that are located in the community can still be segregated and discriminatory.   The rule also requires child welfare agencies to place children with disabilities in the most integrated setting and prohibits “the unnecessary or unjustified segregation of children with disabilities, such as default placement in institutional or other congregate care,” which “should never be considered the most appropriate long-term placement for children.” Children with disabilities must be supported to live in the most integrated setting, which “is almost always the family home or a foster care setting.”   In response to our comments, HHS also made explicit that Section 504 applies to family preservation services and reunification efforts and that parenting assessments must be individualized and measure parenting ability, not a parent’s disability. The final rule was officially published today.   Please join us in sharing this critical information, and in ensuring that the promise of Section 504 and the ADA is fully realized.   Read the Bazelon Center’s summary and analysis of key provisions. Read the Final Rule, which will take effect on July 8, 2024. Read the Final Rule Fact Sheet, which summarizes key updates. Learn more about the protections of Section 504 of the Rehabilitation Act.

HUD Charges Nevada RV Resort with Discriminating Against Family with Children

The U.S. Department of Housing and Urban Development (HUD) has charged the Owners Association and General Manager of Preferred RV Resort, a recreational vehicle resort in Pahrump, Nevada, with discriminating against a family with three minor children. Read the charge.

Pahrump is an unincorporated town in the southernmost part of Nye County, about 62 miles west of Las Vegas. The town is adjacent to the Nevada–California border.

The Fair Housing Act forbids discrimination against families with children under the age of 18.  This includes using discriminatory terms and conditions for families with children, making discriminatory statements about them, and harassing tenants because they have young children. “RV parks that offer options for long-term stays are required to abide by the Fair Housing Act and ensure that they are providing families with children the same terms and conditions as adults without children,” said Demetria L. McCain, HUD’s Principal Deputy Assistant Secretary for Fair Housing and Equal Opportunity. 

HUD’s Charge of Discrimination alleges that Preferred RV Resort, which houses some visitors year-round and others for up to nine months, discriminated against families by placing unreasonable age restrictions on many of its amenities, including forbidding anyone under 18 years old from being in the outdoor swimming pool unattended, contrary to state law, and restricting children under 14 years old from using the property’s billiards room and spa. Also, it is alleged that the property’s management made statements criticizing parents about letting their children be unsupervised on the property.  Images on the resort’s website and promotional materials are only of adults using and enjoying the resort’s amenities and grounds, with no depictions of children or families.

A U. S. Administrative Law Judge will hear HUD’s Charge unless any party to the Charge elects to have the case heard in federal district court. If an administrative law judge finds, after a hearing, that discrimination has occurred, the judge may award damages to the family for their losses as a result of the discrimination, injunctive relief and other equitable relief, to deter further discrimination, payment of attorney fees, and civil penalties. If a federal court hears the case, the judge may also award punitive damages to the complainants.

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Read the September 14, 2023 HUD press release.