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These are a series of federal laws. They establish a program of supportive housing for low-income people with disabilities:
- The McKinney Homeless Assistance Act,
- The National Affordable Housing Act – Section 811,
- The Housing Act of 1959 – Section 202, and
- The U.S. Housing Act of 1937.
These laws fund operating costs and rental assistance for housing projects serving people with disabilities. They enable people with disabilities to live with independence . It expands the supply of housing that accommodates their special needs.It also provides them with supportive services which address their needs.
This law will help low-income or homeless people with disabilities.
The supportive housing program for homeless people with disabilities
The purpose of the program
The federal McKinney Homeless Assistance Act created this program. Its purpose is to authorize the U.S. Department of Housing and Urban Development (HUD) to make certain grants to:
- State or local governments,
- Private non-profit organizations, or
- Public community mental health associations.
These grants are to promote the development of "supportive housing" and "supportive services." This includes innovative approaches to assist homeless people in the transition from homelessness.
Types of supportive housing projects
Under this program, HUD can provide grants to 2 types of supportive housing projects:
Permanent housing for homeless people with disabilities: These projects provide community-based, long-term housing and supportive services. There are limits on the number of homeless people with disabilities that these projects can serve. Usually, the project can serve no more than 8 such people in a single structure. However, under certain cases, the project can serve up to 16 or more such persons.
Transitional Housing: This type of project provides temporary housing. It is used to promote the movement of homeless people and families to permanent housing. It is designed especially for de-institutionalized homeless individuals. It is also for homeless people with mental disabilities and other disabilities.
You can stay in transitional housing for 2 years. You can stay longer if you have not located permanent housing for you or your family. Also, if you need more time to prepare for independent living. However, HUD can stop assistance to the whole project if more than half of the people stay longer than 2 years.
HUD can decide to fund other types of projects or provide alternatives to meet the needs of homeless people.
All supportive housing must be safe and sanitary. It must meet applicable State and local housing codes and licensing requirements.
The types of grants available to the projects
The HUD grant must be for one or more of the following types of assistance:
- A grant of up to $200,000 to acquire or rehabilitate an existing structure.
- A grant of up to $400,000 for the new construction of a structure.
- A grant for leasing an existing structure.
- Annual payments up to 75% of the operating costs for housing.
- A grant for the costs of supportive services provided to homeless people.
Who is eligible for this housing?
You are eligible if you qualify as both homeless and a person with a disability.
A disability is a physical, mental, or emotional impairment which:
- Is expected to be of indefinite duration;
- Significantly disrupts your ability to live freely, and
- Is such that more suitable housing conditions could improve your ability to live independently.
A disability includes a developmental disability or HIV or AIDS.
You are considered to be homeless if:
- You lack a fixed, regular, and adequate night-time residence; or
- You have a primary night-time residence. It can be either a supervised shelter or not used as a regular sleeping accommodation.
Examples:
- A welfare hotel,
- A congregate shelter, or
- Transitional housing for the mentally ill.
Supportive services
All projects must provide residential supervision. Also, other activities to make sure that residents receive adequate supportive services. These services can include the employment of a full-time or part-time residential supervisor.
The term supportive services includes:
- Operating a child care services program,
- Operating an employment assistance program,
- Providing outpatient health services, food, and case management,
- Providing assistance in obtaining permanent housing,
- Employment and nutritional counseling,
- Providing security arrangements, and
- Providing help in getting other public benefits.
Resident rents
Residents in these projects may be required to pay an occupancy charge. If so, the charge can be the greater of the following amounts:
- 30% of the family's monthly "adjusted" income; or
- 10% of the family's monthly income.
Resident rent can be used in the project's operation . It may also be reserved to assist residents of transitional housing move to permanent housing.
General operation of the projects
Accessibility: The housing must be accessible and capable of being used. Each resident must have adequate space and security for themselves and their belongings. Each resident must have a proper place to sleep. The projects must meet certain occupancy and building standards.
Meals: All projects providing supportive housing for homeless individuals with disabilities must provide meals. Alternatively, meal preparation facilities for residents.
Involvement of the Homeless: To the maximum extent possible, the project must involve homeless people in:
- Constructing,
- Rehabilitating,
- Maintaining, and
- Operating the project.
The homeless can provide supportive services through employment or volunteer services.
Termination of housing assistance
A project can terminate your assistance if you violate program requirements. However, they should do this only in the most severe cases. If a project terminates your assistance, it can later resume assistance to you.
When terminating your assistance, the project must give you due process rights. These rights include, at a minimum:
- A written notice containing a clear statement of the reasons for termination;
- A right to a review of the decision;
- An opportunity to present objections before a person who did not make the termination decision; and
- A prompt, written notice of the final decision.
The youth transitional housing program for minors
DCFS can license youth transitional housing programs. These programs provide shelter to eligible minors. Transitional housing may also provide other services, including:
- A service assessment
- Individualized case management; and
- Life skills training.
To be eligible, a minor must:
- Be at least 16, but not yet 18
- Go to a licensed program
- Have no regular place to live
- Not be living with their parent or guardian
- Want to be a part of the transitional housing program
- Get his parent's consent or give his consent if receiving crisis intervention services
Suppose a minor leaves or the transitional housing program dismissed them before turning 18. In that case, the program must contact the youth services agency that dealt with the minor. That agency will help in finding a different placement for the minor.
The Section 811 supportive housing program
The National Affordable Housing Act – Section 811
This program gets its name from Section 811 of the National Affordable Housing Act. That federal law establishes a supportive housing program for low-income people with disabilities.
Its purpose is to fund operating costs and rental assistance for housing serving people with disabilities.
Owners of Section 811 projects must provide residents with supportive services that address their own needs.
Rental assistance to tenants
In Section 811 housing, the HUD provides rental assistance to tenants who are eligible persons with disabilities.
A "very low-income person" in Section 811 housing pays a reduced rent for his or her unit. If you are an eligible tenant, your rent is the higher of the following amounts:
- 30% of your "adjusted" monthly income; or
- 10% of your monthly income.
The public housing agency pays the rest of your rent with a rent subsidy.
Assistance to non-profit housing providers
HUD also assists private, non-profit groups that own Section 811 housing. This assistance is done to expand the supply of supportive housing for persons with disabilities.
This assistance comes in the form of an advance of money. The advances are used to finance:
- The acquisition,
- The rehabilitation, or
- Construction of housing to support people with disabilities.
The projects also may receive monthly payments to cover part of the cost of the rent of very low-income tenants.
Who is eligible for Section 811 housing?
To be eligible for admission, you must be a very low-income family. A family is very low-income if it does not exceed 50 % of the median family income for the area.
You also have to be a person with disabilities.
A person with disabilities is a household composed of one or more persons. At least one of whom is an adult who has a disability. A disability is a physical, mental, or emotional impairment which:
- Is expected to last indefinitely;
- Greatly disrupts your ability to live alone; and
- Allows you to live freely if you had more suitable housing conditions.
You also are considered to have a disability if you:
- Have a "developmental disability," as defined in the Developmental Disabilities Assistance,
- Have a chronic mental illness, or
- Are infected with HIV.
Finally, to be eligible, you must meet the project occupancy requirements approved by HUD. Your disability cannot be so severe that, even with supportive services, you are unable to benefit.
Requirement of non-discrimination
Owners must obey the Fair Housing Act. Also, other laws that prohibit discrimination and promote equal opportunity. In addition, owners must make their tenant selection without regard to:
- Race,
- Religion,
- Color,
- Sex,
- National origin,
- Family status, or
- Disability.
If HUD approves, an owner can limit occupancy in the project to people with similar disabilities. Theyh can also require a similar set of supportive services. Even if the owner does that, and you have a different kind of disability. The owner still cannot exclude you based on of your disability if you can benefit from that housing.
Tenant selection procedures
An owner of Section 811 housing must adopt written tenant selection procedures. HUD must approve these non-discrimination procedures .
Owners must keep a written waiting list showing:
- The name,
- The race,
- The gender,
- Then ethnicity, and
- Date of each person applying for the program.
Unit assignment
Suppose you are eligible and units are available. In that case, the owner will assign the household to a particular unit. According to HUD's occupancy guidelines, the owner should assign you to a unit of the appropriate size.
If no suitable unit is available, the owner will place you on a waiting list. Theywill notify you when a suitable unit becomes available. If it's likely to take over a year before you would be admitted. Then the owner does not have to put you on a waiting list and can refuse to take additional applications.
If you are rejected
If the owner rejects you, they must promptly notify you of the reasons in writing. Then, you have the right to request a meeting to review the rejection. A member of the owner's staff who made the initial decision is not allowed to make the review.
Suppose you think you have been discriminated against based onyour disability. In that case, you may have other claims, as discussed elsewhere in this guidebook.
Lease requirements
The term of the lease cannot be less than one year. When the lease is over, the household and the owner can sign a new lease for a term of no less than one year. They can also take no action. If no action is taken, the owner will renew the lease for successive terms of one month.
The owner must use the lease form approved by HUD.
You will be required to pay a security deposit. This deposit can be no greater than one month's tenant payment, or $50, whichever is greater. There are other HUD rules regarding the owner's use of security deposits and your right to a refund.
Termination of tenancy
In general, the owner cannot terminate your tenancy without good cause. Usually, this means that:
- You have seriously or repeatedly violated the lease; or
- You have engaged in certain criminal activities.
The owner must give any decision to terminate your tenancyto you in writing. The termination notice must specify a date that the tenancy is terminated. It must tell you the specific reasons why this occurred. The owner can enforce the termination only by going to court, where you can present a defense.
Accessibility requirements
Section 811 Projects must comply with the accessibility requirements of the Fair Housing Act. Also, the Section 504 of the Rehabilitation Act. See the previous sections of this Chapter.
In addition, the following requirements apply:
- All entrances and common areas must be readily accessible,
- In chronic mental illness projects, 10% of all units in an independent living facility must be accessible or adaptable. Alternatively,10% of all bedrooms and bathrooms in a group home,
- In projects for persons with developmental or physical disabilities, all dwelling units in an independent living facility must be accessible. Along with bedrooms and bathrooms in a group home.
A unit or room is adaptable if you can alte it to accommodate your needs.
Neighborhood Requirements
Section 811 housing must be conveniently located. It cannot take an excessive amount of time or money to travel from the neighborhood to places of employment. Projects should be located in areas where other family housing is located. They should not be next to other types of facilities for persons with disabilities.
Section 202 housing projects
This program gets its name from Section 202 of the Housing Act of 1959. It provides direct federal loans for housing projects serving elderly or disabled families and people.
A Section 202 loan must fund the construction or rehabilitation of projects for these households. It also can be used to acquire existing housing for group homes for people with disabilities.
These housing projects must provide "necessary services" for their occupants.
The term necessary services may include:
- Health,
- Continuing education,
- Welfare,
- Informational,
- Recreational,
- Homemaking,
- Meal and nutritional services,
- Counseling,
- Referral services, and
- Transportation where necessary to get access to these services.
Selection and admission of tenants
The owner of the project must have written tenant selection procedures. These procedures must make sure that tenants are selected without discrimination. It must further the purpose of improving housing for very low-income elderly or peoplewith disabilities.
Owners must maintain a written waiting list showing:
- The name,
- The race,
- The gender,
- The ethnicity, and
- The date of each person applying for the program.
There is an application process. Applicants must complete a certification and consent to release information.
Who is eligible for section 202 housing?
To be eligible for admission, you must be an elderly or disabled family.
The term "handicapped family" is any family of:
- Two or more persons, where the head of the family or spouse is disabled;
- A single disabled person over the age of 18; or
- Two or more disabled persons live together. Otherwise one disabled person living with another person essential to his or her care.
The term handicapped person means the same thing as a "person with disabilities." That term is used under the Section 811 Supportive Housing Program.
To be eligible, you also must meet any project occupancy requirements approved by HUD. Your disability cannot be so severe that, even with services, you are unable to benefit from the housing.
Some units at a Section 202 project may be assisted units. HUD pays a subsidy to the owner to make up the difference between the contract rent and the low-income tenant rent. To be eligible for an assisted unit, you must be low income or very low income, as defined by HUD.
If you are not in an assisted unit, you must pay the full contract rent.
Unit assignment
The rules for unit assignment are the same as under the Section 811 Program.
If you are rejected
The rules regarding your rights if you have been rejected are the same as under the Section 811 Program.
Lease requirements
Lease requirements are the same as under the Section 811 Program.
Termination of tenancy
The rules for termination of tenancy are the same as under the section 811 Program.
Public housing designated for occupancy by persons with disabilities
The purpose of designated public housing
Section 7 of the U.S. Housing Act of 1937 provides the option to designate certain public housing projects for occupancy by disabled families or mixed populations. People with disabilities have a priority for admission to public housing. They have special services available to them to meet their needs.
A Public Housing Project refers to low-income housing operated by a public housing authority (PHA). There is an annual contract between HUD and the PHA.
The decision of a disabled family not to occupy designated housing must not have any affect on other housing.
"Disabled family" means a family whose head, spouse or only member is a person with disabilities. The term may include two or more people with disabilities living together.
A disability includes eligiblity by the Social Security Administration. Also, if you have a physical, mental or emotional impairment which:
- Is expected to last indefinitely;
- Greatly impedes your ability to live freely; and
- Allows you to live freely if you had more suitable housing conditions.
A disability includes a developmental disability and HIV or AIDS.
Supportive services
Any PHA with designated buildings or units for "disabled families" must have a Supportive Service Plan. The Plan must describe how the PHA will provide or arrange for the provision of appropriate supportive services for the disabled families.
The term supportive services may include things such as:
- Meal services,
- Health-related services,
- Mental health services,
- Services for non-medical counseling,
- Meals,
- Transportation,
- Personal care,
- Bathing,
- Toileting,
- Housekeeping,
- Chore assistance,
- Safety,
- Socializing,
- Help with medications, and
- Case management.
Other low cost housing programs
Other government programs provide low-cost housing to people with a low-income. They are not necessarily supportive for people with disabilities. However, some people with disabilities may qualify to live there. These programs are administered by the U.S. Department of Housing and Urban Development (HUD); by the Rural Development Authority (RDA) of the U.S. Department of Agriculture; and by the Illinois Housing Development Authority (IHDA).
The U.S. Department of Housing and Urban Development
The HUD is a federal government agency that runs several rental housing programs, including:
- Public Housing: The tenant rents an apartment owned by a local public housing authority (PHA);
- Section 8 Voucher Housing: The tenant rents housing from a private landlord, and the PHA pays a portion of the rent; and
- Section 8 New Construction, Section 8 Substantial Rehabilitation , or Section 8 Moderate Rehabilitation
: HUD provides a real estate developer with funding to build or repair housing. The developer then rents the apartment or home to a tenant at a reduced rent.
The United States Department of Agriculture, RDA
The RDA is a federal agency that provides housing opportunities in rural areas. The RDA provides money to private real estate developers, who then lease the home or apartment at a reduced rent. The RDA also operates programs to assist in home ownership and home repair.
The Illinois Housing Development Authority
The IHDA is a state agency that provides real estate developers with funding to build multi-family housing. The developer then rents an apartment to a tenant at a reduced rent.
Joint Occupancy of Subsidized Housing by People With Disabilities
People with disabilities are allowed to occupy a subsidized house or apartment jointly. This law applies to all housing programs operated by HUD and IHDA.
To be eligible for the benefit of this law, each of the tenants must be age 62 or over. Otherwise, have a physical or mental impairment which is expected to last forever. It must affect the ability to live freely. The tenants each must meet all of the other eligibility requirements of the subsidized housing program. Finally, the tenants must file a certificate with the county clerk of the county where the housing is located.
Where to go for more information
Statutes and regulations
You can find
the Supportive Housing Program in the McKinney Homeless Assistance Act at 42 USCA §11381- 11389. The federal regulation for that program can be found at 24 CFR Part 583.
The Section 811 program of the National Affordable Housing Act can be found at 42 USCA 8013. The federal regulations for that program can be found at 24 CFR Part 891.
The federal regulations for the Section 202 Program also can be found at 24 CFR Part 891.
The designated public housing provisions of the U.S. Housing Act of 1937 can be found at 42 USCA §1437e. The federal regulations for designated public housing can be found at 24 CFR Part 945.
The Subsidized Housing Joint Tenancy Act is found at 310 ILCS 75.
How to locate subsidized housing projects in your area
Housing projects that provide supportive services will be designated in one of the above ways. For example, they will be described as Section 811 or Section 202 or as a combination of Section 202/811. These projects operate in a number of cities throughout the State of Illinois.
Lists of subsidized housing projects are available from the U.S. Department of Housing and Urban Development (HUD). You also may find existing local housing projects from your local public housing authority .
To obtain a list of subsidized rental programs in your area:
- You may call HUD at (312) 353-6236, ext. 2132 (multi-family housing); (312) 353-5944(TTY)
- You may call IHDA at (312) 836-5383; (312) 836-5222
- You may call the RDA at (800) 835-5159 (rural housing section); (217) 398-5396(TTY)
- You may visit the HUD website
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