Showing posts with label people with disabilities. Show all posts
Showing posts with label people with disabilities. Show all posts

Wednesday, April 16, 2025

Unreleased HUD Letter Shows D.C. Housing Authority Failing Disabled Tenants

 

The D.C. Housing Authority (DCHA) is negotiating a resolution with the federal government after being ordered this past summer to fix extensive violations of federal laws regarding the treatment of people with disabilities, including sometimes taking years to handle requests for elevator access or adequate doorway space for wheelchairs. This is after the U.S. Department of Housing and Urban Development (HUD) condemned the authority for remaining “woefully out of compliance” with federal law and, in a letter on August 23rd, specified a series of steps it must take to remedy the failures. Among the city’s largest landlords, the authority serves about 30,000 households through housing vouchers and mixed-finance and traditional public housing properties.

The letter came after a HUD report in 2022 lambasted the authority for dozens of findings of faulty governance and poor performance. In addition to noncompliance with HUD fair housing regulations, that report also covered issues such as the agency’s extremely high public housing vacancy rate, dangerous and unsanitary conditions, and problems with how it calculated rents for low-income housing voucher holders. In 2022, then-D.C. Attorney General Karl A. Racine (D) filed a lawsuit against the authority, alleging widespread discrimination against people with disabilities, some of whom the attorney general’s office said had waited as long as a decade for housing that met their needs. The suit remains ongoing.

The letter from HUD says that in 2023 it conducted on-site surveys of 33 public housing units out of over 700 that DCHA had said conformed to Uniform Federal Accessibility Standards. None of the inspected units were fully compliant, HUD said. The violations included wheelchair ramps that exceeded maximum slopes, playgrounds that had no ramps at all, handrails that were nonexistent or at improper heights, and doorways narrow enough to make it difficult or impossible for wheelchair users or others with mobility issues to get through. In one case, a woman spent years in a public housing unit where the bathroom doorway was too narrow for her motorized wheelchair. The deficiency required the woman “to undergo a painful routine of propping herself up using upper body strength to get into and out of the bathroom multiple times each day.” In 2022, after the woman filed a complaint with HUD, the authority moved her to a unit with accessible features that had been vacant for nearly three years. In another case, a 74-year-old woman who had a full knee replacement lived in a third-floor apartment and requested to move to a building with an elevator. DCHA did not approve her request until more than two years later. The letter described maddening paperwork delays and demands for verification from doctors about disabilities that were evident, such as an 81-year-old woman’s difficulty maneuvering in her bathroom, creating a need for grab-bars at her toilet and shower. DCHA failed to maintain adequate paperwork to document compliance with federal law, the letter said, and at times did not cooperate with HUD’s investigation. In another case detailed in the letter, a woman began at-home dialysis, and DCHA approved a larger apartment for her to accommodate the necessary equipment. It then took the authority almost four months to issue the new voucher, despite repeated emails from her lawyer and a caseworker at Miriam’s Kitchen.

DCHA has a long history of failing to comply with federal laws designed to ensure that people with disabilities are not shut out of access to housing. In 2001, The Post wrote about children who lived in inaccessible D.C. public housing and were forced to drag themselves up steps. That year, HUD required the housing authority to make over 500 units accessible to people with disabilities after finding the authority never complied with federal accessibility legislation.

HUD’s letter in August specified corrective actions DCHA must take, including conducting a needs assessment of all tenants and applicants to its public housing and voucher programs. DCHA was required to revamp policies and training, retain an architect to survey properties, and install a full-time coordinator “with sufficient expertise and staff” to handle requests for reasonable accommodations from those with disabilities. HUD spokespeople did not respond to a message requesting comment about DCHA’s compliance. The federal agency’s efforts to follow up on the demands of its Office of Fair Housing and Equal Opportunity, which focuses on eliminating housing discrimination, will be more complicated with the wave of recently-announced worker firings and spending cuts.

Burdo, the DCHA spokeswoman, said the housing authority’s steps so far have included moving its ADA compliance office to under the agency’s legal office, addressing requests from residents, examining its policies and trying to improve its data integrity. DCHA also has begun trying to hire an architect to confirm compliance of units with accessibility standards, Burdo said.

Sunny Desai, managing attorney at Legal Counsel for the Elderly, has advocated for DCHA clients for several years and spoken about the agency’s problems at D.C. Council housing committee meetings. He said intransigence, lack of transparency, and stonewalling were major problems under its past leadership. “They’re far more receptive” under Pettigrew, but change is not coming fast enough, Desai said.

Read the March 6, 2025 Washington Post article.

Thursday, May 9, 2024

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.