504 URGENT

REVIEWS EMMINENT

UFAS

• UNIFORM FEDERAL ACCESSIBILITY STANDARDS

EFFECTIVE JULY 11, 1988

DESIGN, CONSTRUCTION OR ALTERATION

HEARING AND/OR VISUALLY IMPAIRED

QUALIFIED INDIVIDUALS

• 504 SUBTITLE A OF TITLE II PROTECTS INDIVIDUALS FROM DISCRIMINATION IN:

• SERVICES• PROGRAMS• ACTIVITIES• RIGHT TO SERVICES FROM HUD FUNDED

ENTITIES

1992 REQUIREMENTS

• NEEDS ASSESSMENT• TRANSITION PLAN FOR:• PUBLIC HOUSING• COMMON AREAS

• MUST BE COMPLIANT

INGRIEDIENTS

• IDENTIFY NEEDS OF RESIDENTS• NEEDS OF APPLICANTS • ASSESS ACCESSIBILITY• ARE UNITS AVAILABLE?• NEEDS OF COMMUNITY AND• CURRENT RESIDENTS

IF NEEDED

• TRANSITION PLAN REQUIRED• IDENTIFY OBSTABLES: LIMITS ACCESSIBILITY• DESCRIBE METHODS TO MAKE ACCESSIBLE• SPECIFY SCHEDULE TO COMPLY WITHIN FOUR

YEARS (1996)• GOT RECORDS?????

FRIENDLY REMINDER

• 1999: PHA’S REMINDED ABOUT OBLIGATIONS• ADDITIONAL INFORMATION ABOUT

MODIFICATIONS TO EXISTING UNITS• REQUIREMENTS FOR: RAMPS,

MODIFICATIONS• PAY MOVING EXPENSES IF MORE COST

EFFECTIVE THAN REDOING APARTMENT

DEFICIENCIES OF REPORT

• OBSTACLES?• DESCRIBE METHODS• SCHEDULE

• ALL REQUIRED FOR REVIEW/AUDIT

REPORT MUST DESCRIBE

• BARRIERS• CORRECTIVE ACTIONS NEEDED• COSTS REQUIRED• STATUS OF CORRECTIVE ACTION• WHO IS RESPONSIBLE• ALTERNATE OR INTERIM STEPS

REQUIRED PERCENTAGES

• MOBILITY IMPAIRED – 5%• HEARING OR VISION – 2%• HUD CAN INCREASE BASED ON CENSUS OR

NEEDS AT PARTICULAR PHA• MUST BE DISTRIBUTED THROUGHOUT

DIFFERENT SITES• MUST BE IN DIFFERENT SIZES• AND AMENITIES SO TENANT CAN CHOOSE

TRAPS

• REAR EXITS TO REAR COMMON AREAS• CONCRETE SLAB PATIOS MUST NOT BE TOO

HIGH FOR PERSONS WITH DISABILITIES• RAMPS CAN BE USED FOR PATIOS.• UNITS MODIFIED FOR PARTICULAR TENANT

NEEDS DON’T COUNT TOWARD PERCENTAGES

ADDITIONAL INVENTORY REQUIREMENTS

• PHA MUST MAINTAIN MINIMUM NUMBER OF UNITS IN INVENTORY

• THAT CAN BE USED BY INDIVIDUALS• WITH WIDE VARIETY OF PHYSICAL

DISABILITIES• READILY AVAILABLE AND IMMEDIATELY

USABLE• IN SAME MANNER AS WITHOUT DISABILITIES

SPECIFIC AREAS

• PUBLIC RESTROOMS: SIGN PRINT MUST CONTRAST WITH BACKGROUND, TEST RAISED OR INCISED. CAN’T HAVE COMPUTER PRINTED SIGNS TAPED TO DOOR. MUST BE 54” TO 66” ABOVE FLOOR

• DOORS CAN’T SLAM AFTER OPENING• DRINKING FOUNTAINS/WATER COOLERS:

HAVE TO HAVE KNEE CLEARANCE. WATER FLOW HEIGHT MUST BY AT LEAST 4”

KITCHENS

• COUNTER HEIGHT CAN’T EXCEED 34” ABOVE FLOOR

• MUST HAVE AT LEAST ONE 30” SECTION OF COUNTER SPACE WITH KNEE CLEARANCE OF AT LEAST 27” HIGH

• SINK AREA MUST HAVE KNEE CLEARANCE AT LEAST 30” WIDE AND 27” HIGH.

• BOTTOM SHELF OF WALL CABINET CAN’T EXCEED 48”.

PARKING

• ACCESS AISLE ON SIDE, NOT FRONT• SIGNAGE MUST BE CORRECT: MOUNTED AT

LEAST 60” ABOVE SPACE• DIMENSIONS MUST BE CORRECT• SPECIFIC DESIGNATIONS WHEN NEEDED

HUD MAY REVIEW

• ACOP• RESIDENT SERVCES• COMMUNITY PROFILES• ORGANIZATIONAL CHART• LIST OF TRANSFERRED TENANTS• EVICTED TENANTS• GRIEVANCE POLICY• REASONABLE ACCOMODATION REQUESTS

AND MORE

• OUTREACH FOR DISABLED TENANTS• JOB DESCRIPTIONS• EMPLOYEE TRAINING INFORMATION• REQUEST FOR ACCOMODATION FORM• NOTICE OF ACCOMODATION FOR DISABLED• POLICIES RELATED TO DISABLED• DEFINITION OF REASONABLE

ACCOMODATION

AND MORE

• REQUESTS FOR ACCOMODATIONS• PHYSICAL ACCESSIBILITY• DENIALS OR TERMINATION OF ASSISTANCE• WORK ORDERS• LABOR PRACTICES FOR ACCOMODATIONS• VERIFICATION OF DISABILITY• TRANSFER POLICIES

AND…….

• LIVE-IN AIDE POLICY• ELIGIBILITY FOR HOUSING• DENIAL OF ADMISSIONS• MOVE IN/OUTS• VACANCIES• OVER/UNDER HOUSED

AND…….

• RACIAL/EHTNIC DEMOGRAPHICS• PET POLICY• APPLICATIONS/APPLICATION FORM• LEASE• TENANT SELECTION PLAN• TENANT FILES• AND…ANYTHING ELSE THEY WANT

INTERVIEWS

• DIRECTOR• EMPLOYEES• BOARD• RESIDENTS• APPLICANTS WHO WERE DENIED

STANDARD TO MEET

• NOT JUST HAVE POLICIES/PLANS, ETC

• BUT

• IMPLEMENTED THAT ENSURES NONDISCRIMINATION BASED UPON DISABILITY.

THE REQUEST FOR ACCOMODATION

• FORM OR ORAL• FOLLOW-UP• IINVESTIGATION• TRACK STATUS AND TIME• COMPLETED, GRANTED OR DENIED• STAFF MUST KNOW PROCEDURE, NOT JUST

EXECUTIVE DIRECTOR

RESIDENTS/APPLICANTS

• MADE AWARE OF POLICY• AWARE OF LAW• UNDERSTAND PHA’S OBLIGATION TO

PROVIDE REASONABLE ACCOMODATION AND MODIFICATION

• COPY OF POLICY WHEN APPLY AND• AT RECERTIFICTION

THE POLICY

• HOW TO REQUEST• TIMETABLES AND BENCHMARKS TO PROCESS• APPEAL OF DECISION: GRIEVANCE• FILE FORMAL COMPLAINT OR REQUEST THE

GRIEVANCE• SEPARATE GRIEVANCE PROCEDURE?????

THE SYSTEM

• APPLY IN WRITING, IN PERSON OR TELEPHONE

• RECORD AND EVALUATE REQUESTS FROM APPLICANTS AND RESIDENTS

• TRACK THROUGH FINAL DISPOSITION• KEEP STATS: GRANTED AND DENIED• REJECTED AND APPEALS• TRACK MODIFICATIONS

ALSO PLAN FOR:

• ALL OF THE ABOVE – PLUS• CENTRILIZE THE PROCESS• REGULAR REVIEWS AND EVALUATION

PETS OR SERVICE ANIMALS?

• MUST HAVE POLICY FOR SERVICE ANIMALS• DEFINE SERVICE ANIMALS• DO NOT HAVE TO BE PROFESSIONALLY

TRAINED• DEFINE EMOTIONAL SUPPORT OR

COMPANION ANIMAL• NEED NOT HAVE SPECIAL TRAINING• NO FEE CAN BE CHARGED

WHAT CAN YOU DO?

• SANITATION• LICENSING• INNOCULATIONS• INFORMATION CONCERNING NEED• DAILY CARE

COMMUNICATION POLICY !!!!

• NOTICE TO APPLICANTS AND RESIDENTS OF RIGHT TO QUALIFIED SIGN LANGUAGE INTERPRETER OR OTHER AUXILIARY AID.

• LETTERHEAD/INFORMATION ABOUT AIDS AND SERICES

• TDD OR MEMBER OF RELAY SERVICE• LARGE PRINT, BRAILLE OR COMPUTER DISK• STAFF MUST BE TRAINED IN ALL OF THIS

MAY DENY REQUEST FOR REASONABLE ACCOMMODATION IF:• NOT MADE BY OR ON BEHALF OF A DISABLED

PERSON• NO DISABILITY RELATED NEED FOR

ACCOMODATION• IF PROVIDING WOULD IMPOSE UNDE

FINANCIAL AND ADMINISTRATION BURDEN OR FUNDAMENTALLY ALTER NATURE OF OPERATIONS.

TRANSFER ISSUES

• MAY REQUEST RELIABLE DISABILITY RELATED INFORMATION NECESSARY TO VERIFY THAT THE PERSON MEETS THE DEFINITION.

• DESCRIBES NEEDED ACCOMMODATION• SHOWS RELATIONSHIP BETWEEN THE

DISABILITY AND NEED FOR REQUESTED ACCOMMODATION.

TO TRANSFER

• PHA CANNOT REQUIRE RESIDENT REQUESTING TRANSFER TO BE EXAMINED BY PHA CHOSEN DOCTOR

• REQUIRE RESIDENT TO BE CURRENT ON ALL RENT, UTILITIES AND OTHER CHARGES PRIOR TO APPROVAL TO TRANSFER FOR DISABILITY.

GRIEVANCE POLICIES

• MUST HAVE PROVISION ABOUT NOT DICRIMINATING AGAINST QUALIFIED APPLICANTS, RESIDENTS AND EMPLOYEES WITH DISABILITIES

• POLICY SHOULD HAVE SECTION ON DISCRIMINATION BASED ON DISABILITY.

• I RECOMMEND A SEPARATE POLICY !!!!

CONCLUSION

• REVIEW POLICIES• GRIEVANCE• SIGNAGE• ARCHITECTURE PLANS• GET EVERYTHING TOGETHER AND READY FOR

REVIEW• CONSULT WITH ATTORNEY• NOTIFY INSURANCE COMPANY IF REPORTED