Making Today s Home, Tomorrow s Home Home Repair Accelerator

Transcription

1 2013 Advanced Elder Law Review: November 5-6 Washington, DC Making Today s Home, Tomorrow s Home Home Repair Accelerator Presented by: Kelly Persons, AARP Foundation; Amy Levner, Home and Family Partner Facilitator: Susan Ann Silverstein, AARP November 8, 2013

2 The Housing Problem: From Chicken Coop to the Current State of Housing 1947 A retired public school principal from California, Dr. Ethel Percy Andrus, discovered one of her retired colleagues living in a chicken coop. Today At least 19 million lowincome, 50+ households live in unaffordable and/or inadequate housing. The Housing Impact Area of AARP Foundation seeks to win back opportunity for the vulnerable 50+ through four strategic housing objectives: Preserve adequacy and affordability within current homes Increase the supply and options of adequate and affordable housing Raise awareness of the housing needs faced by the vulnerable 50+ Build thought leadership through research and convenings AARP Foundation 2

3 Need for Home Repair Assistance The current demand for home repair services for low-income households far surpasses what existing organizations are able to provide. This demand will only grow as America s homes and people continue to age. Aging Homes With Aging Components Owned by Older People With Lower Incomes AARP Foundation 3

4 Our Solution In 2013, AARP Foundation awarded grants totaling $780,000 to home repair organizations to pilot new models of efficiency and cost recovery that are scalable, able to be replicated, and that result in a sustained increase in the number of home repairs completed. AARP Foundation 4

5 National Grantee Habitat for Humanity International 50+ Repair Program 7 Neighborhood Revitalization Initiative (NRI) affiliates will complete home repair and/or rehab projects for vulnerable 50+ homeowners in 5 states 27 low-income 50+ households to receive repair services Define repair pricing & develop payment/cost recovery models Publish 50+ Resource Guide to ensure program replication AARP Foundation 5

6 National Grantee Rebuilding Together Safe at Home Fee-for-Service Program Using a flat fee or co-pay scale, 11 Rebuilding Together affiliates in 10 states will implement fee-for-service models to expand services to households above 60% AMI 600 low-income 50+ households to receive repair/modification services Homeowner/client education, fall prevention, detecting scams & basic home maintenance & Safety First education program shared with nonprofits/service providers AARP Foundation 6

7 Community Grantee Neighborhood of Affordable Housing Boston, MA Greater Boston Senior Home Repair Collaborative A city-wide coalition of nonprofit home-repair organizations will pilot a flat fee-for-service model for homeowners with higher incomes 500 low-income 50+ households to receive repair services Toolkit/guide developed to support program replication Services expanded to residents living outside Boston metro area & to homeowners aged AARP Foundation 7

8 Innovation Grantee Greater Lansing Housing Coalition - Lansing, MI Tuesday Toolmen Retired, skilled tradesmen volunteer on Tuesdays to complete minor home repairs & modifications that allow low-income 50+ homeowners to remain safely in their homes 52 low-income homeowners receive home safety repairs Develop training workshop & materials to replicate Toolmen chapters in other communities AARP Foundation 8

9 2013 Overview Investment: $780,000 4 nonprofit organizations Identify: 2-3 scalable cost recovery models Develop: 4 replication guides Repair: 700+ homes of vulnerable 50+ AARP Foundation 9

10 Plans for Expansion Home Repair Accelerator homes repaired in 15 states 2-3 cost-recovery models identified ,200+ homes repaired 4 replication guides complete (Q1) Expansion of HRA (Q2-4) National nonprofit grantee organizations roll home repair models across U.S. AARP Foundation 10

11 Home Repair Accelerator 2014 Sustainable Repair Models Repairs Conducted Serving Vulnerable 50+ Replication of models in 10 markets Expansion of HRA to mobile homes and rental (tentative) AARP Foundation 11

12 Our Goal: Increase # of 50+ who are able to age at home Annual savings: $41,000 - $75,000/HH How: home repairs/modifications to support aging in place mean vulnerable 50+ can remain safely and independently in their homes Genworth 2013 Cost of Care Survey: $41,400 average annual cost of assisted living; $75,555 average annual cost of nursing home care AARP Foundation 12

13 For more information, please contact: Kelly Persons (202) AARP Foundation 13

14 2013 Advanced Elder Law Review: November 5-6 Washington, DC Making Today s Home, Tomorrow s Home Using the Fair Housing Act Presented by: Kelly Persons, AARP Foundation; Amy Levner, Home and Family Partner Facilitator: Susan Ann Silverstein, AARP November 8, 2013

15 Susan Ann Silverstein Senior Attorney AARP Foundation Litigation 601 E Street NW Washington, DC ssilverstein@aarp.org 2

16 FHA can remove barriers to allowing changes to home Homeowner association rules Zoning and land use Historical preservation Condos and Coops Landlord opposition in rental housing 3

17 The Fair Housing Act 1988 Fair Housing Amendments Act (FHAA) Added DISABILITY and FAMILY STATUS to the classes protected by the Fair Housing Act (FHA) of 1968 And strengthened and enhanced enforcement, remedies and procedural amenities. 42 USC 3604 et seq. 24 CFR Part 100 4

18 FHAA and Disability [C]lear pronouncement of a national commitment to end the unnecessary exclusion of persons with handicaps from the American mainstream. It repudiates the use of stereotypes and ignorance, and mandates that persons with handicaps be considered as individuals. H.R. Rep at 18 5

19 Previous history of RA (Section 504 of Rehab Act) The concept of "reasonable accommodation" has a long history in regulations and case law dealing with discrimination on the basis of handicap. A discriminatory rule, policy, practice or service is not defensible simply because that is the manner in which such rule or practice has traditionally been constituted. This section would require that changes be made to such traditional practices if necessary to permit a person with handicaps an equal opportunity to use and enjoy a dwelling. H.R. Rep. No , 100th Cong., 2d Sess., 25, reprinted in 1988 U.S.C.C.A.N. 2173,

20 Three affirmative obligations for housing providers. 3604(f)(3) makes it unlawful to: refuse to permit reasonable physical modifications of certain premises; refuse to make reasonable accommodations in housing rules and policies; and fail to include certain accessibility features in the design and construction of new multifamily dwellings 7

21 Design and Construction Covered Housing in buildings with four or more units Constructed for first occupancy after March 13, 1991 In elevator buildings, all units In buildings without an elevator, ground floor units Not Covered Detached single family houses Multistory townhouses without elevators Duplexes or triplexes 8

22 7 Basic Design and Construction Requirements 1. Accessible building entrance on an accessible route 2. Accessible and usable public and common use areas 3. Usable doors 4. Accessible routes into and through covered unit 5. Light switches, electrical outlets, thermostats, and other environmental controls in accessible locations 6. Reinforced walls in bathrooms for later installation of grab bars 7. Usable kitchens and bathrooms 9

23 Design and Construction Magnificent Seven 42 U.S.C. 3604(f)(3)(C)(i)-(iii)(IV) and 24 C.F.R (a). Hud/DOJ Joint Statement on Design and Construction (PDF) 10

24 Reasonable Accommodations & Mods Definition of Dwelling A building, structure, or portion thereof Occupied as, or designed, or intended for occupancy as, a residence by one or more families, And any vacant land which is offered for sale or lease for the construction or location thereon of any such building, structure, or portion thereof. Exceptions: owner occupied, 4 or fewer units; single-family if owns 3 or less, other criteria 42 U.S.C. 3602(b) 11

25 Definition of Dwelling in Case Law Hovsons, Inc. v. Township of Brick, NJ, 89 F.3 rd 1096 (3d Cir. 1996) (nursing home) US v. Lorantffy Care Center, 999 F. Supp (N.D. Ohio 1998) (Assisted Living U.S. v. Commonwealth of Puerto Rico, 764 F. Supp. 220 (D.P.R.) 1991 (nursing home) Baxter v. City of Bellville, 720 F.Supp 720 (D.D. Ill. 1989) (home for AIDS patients) Group homes in the zoning and land use context, see generally Schwemm at 11D:5 12

26 Reasonable Accommodations Reasonable accommodations are changes to usual policies, rules, practices, or services Needed by a person with a disability In order to benefit from housing Because of the disability Reasonable accommodation requirements apply to builders, developers, property managers, homeowners associations, and others engaged in housing-related activities Reasonable accommodations are paid for by the housing provider 13

27 Reasonable Modifications Reasonable modifications are structural changes to housing That may be needed by a person with a disability In order to benefit from the housing Because of the disability Reasonable modification requirements apply to builders, developers, property managers, homeowners associations and others engaged in housing related activities Reasonable modifications are paid for by the person with a disability, unless federal funding is involved. 14

28 Don t be confused! RA and RM are in addition to any and all design and construction requirements RM are to existing premises. A request to change designs or plans is a request for an accommodations Existing premises include common spaces If there weren t a rule, you wouldn t need to request an accommodation 15

29 Reasonable Accommodation & Mods Cites and Resources HUD/DOJ Joint Statement RA atement.pdf HUD/DOJ Joint Statement Modifications able_modifications_mar08.pdf Regulations Reasonable Accommodations 24CFR Reasonable Modifications 24CFR

30 Denial of Accommodations Requests for accommodations: May not be required in a particular format Are granted if they are practical and feasible May be denied if they: Impose undue financial and administrative hardship Constitute a fundamental alteration of the program Questions should be addressed through an interactive process 17

31 Reasonable Modifications Reasonable modifications: Are made to existing premises whether for sale or rental Must be permitted if they are: Done in a workmanlike manner All necessary permits are sought NOTE there is no determination of undue financial and administrative burden or fundamental alteration, those inquiries do not apply to RM 18

32 Permission for Modification May Not be Conditioned on: Payment for liability insurance Compliance with aesthetic standards A requirement that a particular contractor be used A requirement that a particular style of construction be used for the modification A requirement that a particular accessibility standard be used 19

33 Rental Units Permission required to modify LL s property For the interior of rental units, restoration may be required, but wear and tear is excepted Can only require if reasonable If would interfere with marketing to or use of by other tenants Reasonable costs of restoration may also be required and may be escrowed in interest bearing account Case by case, factual assessment Separate from security deposit account Must allow payment plan If LL decides not to restore, $ returned to T immediately Restoration and costs of restoration may NOT be required for public and common use area modifications 20

34 Examples of Reasonable Modifications Flashing light attached to doorbell Replacement of door knobs with lever hardware Installation of fold-back hinges on a door Installation of reinforcements in a bathroom wall, if the design and construction provisions did not already require them Construction of a ramp Installing a lower peephole in a door 21

35 More on Modifications Can be made at any time, not just purchase or move in Size doesn t matter, anything from one grab bar to removing an interior wall, from raising a dishwasher to removing all lower cabinets Aesthetics should not trump access and use; standard is workmanlike Parking spaces are generally treated as RA by courts even if ancillary costs of signage and painting 22

36 Typical Modifications Individual Unit Entrance Accessible path Landing Step and threshold at doorway lighting, ramp, railing, depth and height of steps Width of door entrance Door entrance Lever handle, automatic controls, weight Accessible route to the entrance Covered area Place to park parcels and purses 23

37 Typical common area modifications Gates and latches Swimming pool access Paths to beaches and recreational areas Playgrounds Laundry facilities Mailbox areas USPS complications Entry areas (similar to individual) Landings Doorways width, automatic, handles 24

38 Individual unit modifications Grab bars Roll in showers Cabinet configurations Other ideas? 25

39 Enforcement No requirement to exhaust Private right of action by an aggrieved party through filing affirmative lawsuit in court Defense or counterclaim (e.g. in eviction case) Administrative complaint with HUD sing_discrimination Administrative complaint with equivalent state or local agency. See for comprehensive list of fair housing organizations. 26

40 THE FAIR HOUSING ACT HELPS YOU AGE IN PLACE IN YOUR HOME You can t be denied permission to make most changes you need to your home or common areas that are reasonable and safe. (If you rent and the change would affect the next tenant, you have to restore your unit before you move.) 27