August 28th Webinar on Grants Pass Decision & People with Disabilities

 

REGISTER TODAY Wednesday, August 28, 2024 2 - 3:30 PM ET Webinar: What the Grants Pass Decision Means for People with Disabilities

Join the Disability Rights Education and Defense Fund, the Bazelon Center for Mental Health Law, and the National Homelessness Law Center for an essential discussion on Wednesday, August 28, 2 - 3:30 PM ET on "What the Grants Pass Decision Means for People with Disabilities." On June 28, 2024, the U.S. Supreme Court ruled in a case called City of Grants Pass, Oregon v. Johnson (“Grants Pass”) that fining and jailing people experiencing homelessness for sleeping outside when they have nowhere else to go does not violate the cruel and unusual punishments clause of the constitution. The decision has given states and local governments the go ahead to make criminalization their primary, front-line response to homelessness and has had devastating effects on the civil rights of thousands of unhoused people across the United States. This webinar will: Provide an overview of the Grants Pass case and the disability-related “friend of the court” briefs filed in the case; Explain why people with disabilities are particularly at-risk of harm due to the increased criminalization of homelessness; Explore the relationship between the Grants Pass case, CARE Courts / civil commitments, and efforts to increase the institutionalization of disabled people; Critique the role of law enforcement and judicial authorities in responding to homelessness; and Provide an overview of advocacy tools and strategic thinking regarding potential next steps in advocacy. Speakers: Michelle Uzeta, Deputy Legal Director, Disability Rights Education and Defense Fund Monica Porter Gilbert, Policy & Legal Advocacy Attorney, Bazelon Center for Mental Health Law Siya Hegde, Staff Attorney, National Homelessness Law Center  REGISTER TODAY.  **ASL and CART (live captions) provided. Contact Diana Vega at dvega@dredf.org for any accommodations you may need by August 21st. Late requests may not be possible to fill.

HUD Approves Settlement with California Housing Providers Resolving Claim of Disability Discrimination

 

The U.S. Department of Housing and Urban Development (HUD) has entered into a Conciliation Agreement between Burbank Housing Management Corporation, Burbank Housing Development Corporation, BHDC Parkwood Apartments, LLC, Oak Ridge Apartments Associates LP, and James Perez, requiring the respondents to pay $41,500 in compensation to the complainant. The Agreement resolves allegations that the respondents violated Section 504 of the Rehabilitation Act of 1973 and the Fair Housing Act by discriminating against tenants with disabilities. Read the Agreement here.

The Fair Housing Act prohibits discrimination because of disability, including refusing to allow reasonable accommodations that would otherwise permit tenants with disabilities an equal opportunity to use and enjoy their housing. Section 504 of the Rehabilitation Act of 1973 (Section 504) prohibits the exclusion or discrimination of qualified individuals based on disability in any program receiving federal financial assistance, including from HUD.

The Agreement began with a complaint alleging that the Sonoma County, California, based housing providers interfered with the rights of tenants with disabilities to obtain reasonable accommodations, and that the respondents, who are receive HUD and US Department of Agriculture (USDA) funding, were in noncompliance with Section 504. The Respondents denied the allegations in the Complaint and agreed to settle the matter. The Conciliation Agreement does not constitute an admission of guilt by the Respondents and no determination has been issued by HUD about this.

Under the terms of the Agreement, the housing providers will pay $41,500 to the complainant. They will also ensure their reasonable accommodation policies are in compliance with the Fair Housing Act and Section 504 and that they process reasonable accommodation requests in a timely manner. Both HUD and USDA will monitor the Agreement.

People who believe they have experienced discrimination may file a complaint by contacting HUD's Office of Fair Housing and Equal Opportunity at (800) 669-9777 (voice) or (800) 877-8339 (Relay) or at hud.gov/fairhousing.

Read the July 2, 2024 HUD press release. 

HUD Charges Wisconsin Housing Provider with Discriminating Against a Tenant with Disabilities

The U.S. Department of Housing and Urban Development (HUD) on July 19, 2024 charged Tammy and Ramiro Estrada, the owner of a duplex in Appleton, Wisconsin, with violating the Fair Housing Act by refusing to grant a tenant with a disability a reasonable accommodation to allow the tenant to live with her assistance animals.

The Fair Housing Act prohibits discrimination because of disability, including the denial of reasonable accommodations. Individuals with disabilities have the right to reasonable accommodations when necessary for equal access to their home, including the use of assistance animals. Also, individuals are protected from coercion, intimidation, threats, or interference when they assert their fair housing rights or file a complaint with HUD.

HUD’s Charge alleges that the owners denied the tenant’s request by applying unlawful breed restrictions, fines, and fees to the request. They also interfered with the Complainant’s attempt to obtain a service dog and threatened them with eviction, eventually non-renewing their lease and citing the reasonable accommodation requests in the non-renewal notice. The tenants had to rent more expensive housing elsewhere.

A US 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 because of the discrimination, injunctive relief and other equitable relief to deter further discrimination, payment of attorney fees, and civil penalties to vindicate the public interest. If the federal court hears the case, the judge may also award punitive damages to the family.

People who believe they are the victims of housing discrimination should contact HUD at (800) 669-9777 (voice) 800-927-9275 (TTY). Additional information is available at www.hud.gov/fairhousing. Housing providers and others can learn more about their responsibility to provide reasonable accommodations and reasonable modifications to individuals with disabilities here.

Read the July 19, 2024 HUD press release.

At 34th Anniversary of the ADA, Advocates Cite Some Progress for People with Disabilities

The ADA - signed into law on July 26, 1990 - was a significant achievement, guaranteeing civil rights protections to people with physical, mental, and emotional disabilities. For example, parking lots now have the familiar blue-and-white signs designating accessible parking spaces and where curbs and sidewalks have cuts and ramps to accommodate those in wheelchairs or with other mobility issues. Most new buildings are now designed with ADA-compliant doors and elevators and hallways and bathrooms. There are also required accommodations in classrooms and public spaces, nondiscrimination in employment, and more accessible housing.

On many metrics of ADA compliance, Maryland stands above other states. The law, which guarantees equal access for people with disabilities, has lived up to its promise in many ways in the state. Over 1.1 million adults in Maryland had a disability of some kind - almost 25% of Marylanders in 2022, according to the Centers for Disease Control and Prevention (CDC). Some 16% had disabilities in 2021.

Maryland's major remaining disability-related problems are in the delivery of needed services. Advocates for people with disabilities believe that there has definitely been progress since the ADA's passage, but see the need for some  improvements. The executive director of the Arc Maryland said acceptance of people with disabilities has increased and the negative stigma has declined, but not consistently. She believes that Maryland “has a reputation of treating people with respect and having services” to help people with disabilities, factors that draw families to the state. A Disability Rights Maryland spokesperson said “It’s possible that more people are comfortable with acknowledging or self-identifying as a person with a disability.”

Maryland was third best for its health care among the 50 states and Washington, D.C., and eighth best overall for someone with a disability in the April 2024 report from Policygenius, an insurance broker organization, which rated the best states for living with a disability. With major medical centers in the region, such as the Kennedy Krieger Institute in Baltimore, Maryland has become a destination. Maryland also is a leader in equal pay for people with disabilities, after the General Assembly in 2016 phased out 14(c) certificates, which let employers to pay subminimum wage to people with disabilities. As of 2020, employers must pay the same minimum wage to workers with disabilities and those without.

Maryland Governor Wes Moore (D) recently signed an executive order requiring state agencies to use “plain language,” in documents and on websites. This will especially benefit persons with disabilities, who sometimes have trouble accessing state websites to receive available support and services. The transition to plain language on all state documents and sites probably will not happen until early 2025, according to Information Technology Secretary Katie Savage.

Maryland has other problems that face people with disabilities. In 2023, the U.S. Attorney’s Office notified the Maryland Transit Administration that its paratransit service - MobilityLink - was not in compliance with ADA protections. The major issue is long delays for service.

Also, people with disabilities are “still an underserved population” because there are waitlists to receive services and administrative turnaround time for services, as well as many restrictions and limitations that mean years of waiting to access services.

Read the July 26, 2024 Maryland Matters article.

 Celebration of ADA's 33rd Anniversary

MARYLAND CELEBRATES ADA'S 33RD ANNIVERSARY WITH TOWN HALL

US Access Board Town Hall

Celebrate the ADA- Americans with Disabilities Act 33rd Anniversary! The U.S. Access Board will hold a public town hall meeting on Tuesday, July 25 from 1:30 – 3:30 p.m. (ET) at the national headquarters of the National Federation of the Blind in Baltimore, Maryland. Presidentially appointed Access Board members and representatives from other federal member agencies will be present to hear from the local community about the state of accessibility in Baltimore and the D.C.-Maryland-Virginia area.

The Access Board is an independent federal agency that promotes equality for people with disabilities through leadership in accessible design and the development of accessibility guidelines and standards. Created in 1973 to ensure access to federally funded facilities, the Access Board is now a leading source of information on accessible design. The Access Board develops and maintains design criteria for the built environment, transit vehicles, information and communication technology, and medical diagnostic equipment under the Americans with Disabilities Act of 1990 (ADA) and other laws. Share your experiences with accessibility at the town hall meeting! To register, send an email to events@access-board.gov with your name and organization. The Access Board invites in-person oral comments on accessibility. Registrants who wish to make in-person oral comments must indicate their request to speak when emailing events@access-board.gov. Public commenters will be allotted two minutes to make their comments.

Following the town hall meeting, members of the public will be able to meet and speak with Presidentially appointed Board members and representatives from other federal agencies at the networking reception from 3:30 – 4:30 p.m. (ET), sponsored by the Maryland Department of Disabilities.

Maryland Department of Disabilities Voice 410-767-3660 Toll Free ⁄ TTY ⁄ Voice 1-800-637-4113 www.mdod.maryland.gov

April 28th Bazelon Center Zoom Event 

Bazelon Center Zoom Event on April 28th

Zoom Registration Link

Advancing an Alternative: Peer-led, Community-Based Services that Promote Equity and Safety for All

April 28, 2023, 1:00-2:30 PM ET

Zoom Registration Link

Description:

This webinar is part 2 of a 2-webinar Learning Community hosted by the Bazelon Center for Mental Health Law and National Disability Rights Network (NDRN) that addresses SAMHSA’s priorities of crisis stabilization, mobile crisis, and children. The learning community will focus on leveraging federal funding & policy to increase best practice community-based services that are voluntary, evidence-based, and trauma-informed.

Learning Objectives:

By the end of this workshop, participants will be able to: (1) Understand the disproportionate negative impacts of traditional crisis response systems on over reliance on the police to respond to crises involving communities and people with disabilities, including people with serious mental illness (SMI) or emotional disturbance (SED), and how solutions must be responsive to these disparities; (2) Learn how peer-led, community-based services and supports improve wellness, support communities, and protect civil rights, drawing from real-world examples of programs that have been successfully implemented; and (3) Examine current trends in state and federal policy, including challenges and opportunities to advance peer-led, community-based services for people with SMI or SED.

This is a SAMHSA-Sponsored webinar. Live closed captioning and ASL interpreters will be available.     ***Post materials will be emailed to you within a few days after the     webinar. This will include the recording link, PowerPoint slides and a certificate of attendance as we do not offer CEU credits. For questions, contact Kelle Masten via email at kelle.masten@nasmhpd.org or Paige Thomas at paige.thomas@nasmhpd.org.

Speakers

Vesper Moore: Chief Operating Officer, Kiva Centers (they/elle) Kristina Roth: Senior Policy Associate, Legal Defense Fund (she/her) Ashley Sproul: Peer Facilitator Coordinator, Kiva Centers (she/her) Monica Porter: Policy & Legal Advocacy Attorney, Bazelon Center for Mental Health Law (she/her)

REGISTER HERE

 Civil Rights Obituary

Judy Heumann, Disability Rights Advocate, 75

Judy Heumann advocated for the inherent dignity of people with disabilities, campaigning for federal civil rights legislation while organizing sit-ins, marches, and other nonviolent demonstrations. Heumann, who was paralyzed from childhood polio, filed  a lawsuit to become the first New York City public school teacher to use a wheelchair (teaching at a Brooklyn elementary school). 

She was among the nation’s most prominent champions for disability rights, and advocated for disabled people as an official in the Clinton and Obama administrations, as an adviser for the World Bank, and as the first director of the D.C. Department of Disability Services. President Joe Biden described her as “a trailblazer - a rolling warrior - for disability rights in America,” adding that “her courage and fierce advocacy” contributed to the passage of landmark legislation including the Rehabilitation Act, the Individuals with Disabilities Education Act, and the Americans With Disabilities Act of 1990, which outlawed discrimination based on disability. She also wrote an autobiography (reviewed in the Interesting Books section of this issue).

Heumann also ran the San Francisco Center for Independent Living, worked for the U. S. Education Department as assistant secretary of the Office of Special Education and Rehabilitative Services, and helped start several disability nonprofits. Heumann was probably most known for her advocacy for the Rehabilitation Act of 1973, an ADA predecessor banning discrimination against disabled people in programs receiving federal funds. When President Richard M. Nixon vetoed an early version of the act, she organized a sit-in on Madison Avenue that stopped traffic in New York City.

After the legislation was voted into law, successive administrations delayed implementing Section 504, the key regulation. So, in early 1977, Heumann - and over 100 disabled protesters, interpreters, and care aides, including activists who were blind or deaf, and others who had development disabilities or used motorized wheelchairs - staged a nearly four-week-long sit-in at a San Francisco federal office building pushing for the regulations to be approved. This 504 Sit-in, as it became known, was a turning point in the disability rights campaign, later called the movement’s Stonewall or Selma, and one of the longest nonviolent occupations of federal property. The HEW secretary signed off on the regulations, a victory to Heumann and her fellow demonstrators. The activists occupied the office building for two more days to celebrate and clean up.

When young, she attend Camp Jened, a summer camp for people with disabilities. The camp, which became the focus of the Oscar-nominated 2020 documentary “Crip Camp,” served as a “playground,” as she put it, for future disability rights movement leaders. 

President Barack Obama appointed her the State Department’s first special adviser for international disability rights. In that role, she pushed for the nation to ratify the Convention on the Rights of Persons With Disabilities, a United Nations treaty that failed to pass the U.S. Senate.

*****

Read the March 6, 2023 Washington Post article.

 BAZELON CENTER PRESENT BLACK DISABLED LEADERS TRIBUTE ON 2/23/23

TOMORROW Bazelon Center’s Jalyn Radziminski Joins White House Roundtable Celebrating the Contributions of Black Disabled Leaders; 2/23/23; 10:30 AM ET; Livestream.

During Black History Month, the White House and the Biden-Harris Administration will celebrate the contributions of Black disabled leaders to American history. The Administration will host a roundtable with the next generation of Black disabled young leaders, and highlight Administration actions to promote equity. Jalyn Radziminski, Director of Engagement at the Bazelon Center, evening law student at Fordham University School of Law, founder of Count Us IN and longtime social justice advocate, will be speaking at the event.   WHAT: Black History Month Roundtable with Young Black Leaders with Disabilities  WHEN: Thursday, February 23 10:30 AM ET  WHERE:  Register for the webinar.  ASL and CART will be provided. Please share with your networks! ***** Source: Bazelon Center mailing, February 22, 2023.

 Research Reports

New Study Discovers Actions to Improve Life for Residents with Disabilities in Federally-Assisted Housing

It is certain that disabled individuals and families, including those in federally assisted housing, face multiple challenges in gaining access to housing units and services that meet their needs—despite legal  frameworks meant to help them (Levy et al. 2015; Dawkins and Miller 2015). Disability is very  common, with an estimated 25% adults living with a disability, or around 61 million adults (Zhao et al.  2019). Some populations experience higher rates of disability, including women, older adults, adults  who identify as American Indian/Alaska Native, adults with lower incomes, adults living in the South,  and adults living in rural areas (Okoro et al. 2018; Zhao et al. 2019). 

Recent research has highlighted the significant number of disabled residents living in some federally  assisted housing programs (Dawkins and Miller 2015; Docter and Galvez 2019). Some 23% of  residents in housing funded through the U.S. Department of Housing and Urban Development (HUD),  including 24% of public housing residents and 19% those in project-based Section 8 rental units. For  LIHTC properties, 12.4% of households reported at least one member as disabled in 2019 (HUD 2021).

A recent report by the Urban Institute, Improving Experiences for Residents with Disabilities in Federally Assisted Family Housing (October, 2022), examines challenges to reasonable accommodation  processes and to service access. The research focused on three federal housing  programs providing affordable rental housing to eligible households with low incomes: public housing,  project-based rental assistance through the Section 8 program, and the Low-Income Housing Tax Credit Program (LIHTC). The first two have a large percentage of housing built before 1980; the latter  program, while it has only funded units since the 1990s, is often used to refinance and renovate older  housing.

The report found that boosting funding, clarifying definitions and processes, and ensuring adequate  training for housing providers can increase equity in outcomes for federally assisted residents with  disabilities. Specific recommendations were:

(1) Provide more federal funding for reasonable accommodations in federally assisted housing to allow housing providers to meet legal requirements. Significant one-time outlays and/or an ongoing dedicated annual funding stream for housing providers to pay for accommodations would show the federal commitment to funding and enforcement of the law.

(2) Establish a better standard for “reasonableness” to promote access to accommodations across diverse federally assisted housing programs and providers. The law would be most effective if all residents were treated equally and could access the same accommodations from all housing providers receiving federal financial assistance. A clearer standard on financial and administrative burden would help. 

(3) Increase uniformity in reasonable accommodation request processes to ensure equitable treatment and outcomes for residents with disabilities. There is no federally prescribed process for reasonable accommodations requests. The lack of uniformity puts the burden of knowing the many rights and processes on residents with disabilities. For housing providers, the desire to avoid discrimination and legal challenge is high, but clear procedural guidance on how to protect against such challenge is low. In addition to the lack of clarity on what is “reasonable," the process has uncertainties.

(4) Train and involve more than one person per housing provider and property in reasonable accommodation request decisions to create a more transparent and fair process.

(5) Improve training, technical assistance, and learning opportunities for housing providers to strengthen reasonable accommodation request processes. Providers noted a lack of resources available  for troubleshooting challenges and workshopping solutions. They noted a need for clearer examples of  standards and processes, as well as access to targeted technical assistance on reasonable accommodations and fair housing practices.

(6) Improve relations between housing managers and tenants with disabilities.

(7) Congress and HUD should provide housing providers with sufficient funding to help support service-related needs. They should also explore funding collaborations with other federal agencies that serve residents living in public housing and that receive mutual benefit from residents receiving on-site services. 

Read the Urban Institute report.

Read the October 12, 2022 Urban Institute article.

 Bazelon Center Develops Resources for "Housing First" Advocates

The Bazelon Center for Mental Health Law is working in coalition with housing, homelessness, veterans, and faith-based organizations to advocate for ending homelessness through the "Housing First" model. Working with this coalition, we have developed resources - posted on the National Low Income Housing Coalition's website - to help policymakers and others understand the benefits of the Housing First model, and drafted a well-received fact sheet explaining how Housing First Supports People with Mental Health Conditions. 

Under the "Housing First" model, stable, affordable, and accessible housing is provided to people experiencing homelessness quickly and without prerequisites, and voluntary supportive services are offered to help improve housing stability and well-being. "Housing First" is an effective practice that has been shown to be effective at ending homelessness, including for people with mental disabilities.  We will continue to advocate for affordable housing, fight housing discrimination, and work to expand supportive housing for people with disabilities.

Many people with mental disabilities - such as mental health, intellectual, or developmental disabilities - face various barriers to voting. A recent post on the Bazelon Center's blog included resources to help explain the voting rights of people with disabilities and how to protect them. Voting is just as important for people with disabilities as it is for everyone else. 

Read the full blog post here. Once there, you can sign up to receive new blog entries by email, or watch this space for updates.

 BAZELON CENTER FOR MENTAL HEALTH LAW AWARDS CONCERT!

Lachi, Award-winning recording artist and Founder & President of RAMPD Will Perform at Bazelon Center's 2022 Annual Awards - Celebrating 50 Years! Thursday, September 22, 2022 7 PM ET * Virtual * Free

RSVP HERE

Image Description: Lachi is a blind, black woman wearing a brown fuzzy fur jacket, large circle earrings, and stylish blue eyeshadow. She has long braids and arms crossed.

We are excited to announce Award-winning recording artist and Founder & President of RAMPD, Lachi, will perform at the Bazelon Center's 50th Anniversary Virtual Awards! We are also excited to announce that registration opens TODAY! The Bazelon Center has dedicated five decades to protecting the rights of people with mental disabilities and will host events throughout the year, to learn more about our milestones and activism, visit bazelon50.org. Date: Thursday, September 22, 2022 Time: 7 PM ET Location: Virtual Cost: Free Registration Opens TODAY Click HERE to RSVP This year's sponsors include: Bender Consulting Services, Inc., Brown Goldstein & Levy, Dignity Memorial, eSSENTIAL Accessibility, Georgia Advocacy Office, Gilbert Employment Law, P.C., Highmark, MIDA Associates, PNC, Reed Smith, Rosen Bien Galvan & Grunfeld, LLP, and Vanguard Communications ASL, Open Captioning, and Audio Descriptions will be available; please contact communications@bazelon.org with additional accessibility requests. Re-watch our 2021 Awards (video) HERE.   Learn about sponsorship opportunities (PDF) HERE.