community legal services - arizona housing coalition annual... · treatment improvement protocol...

Community Legal Services

Presented by

Stanley Silas & Anna Marie Gulotta

©2016 Community Legal Services

� Identify and resolve issues which can interrupt treatment, impact economic stability and jeopardize independence.

� Refer individuals who need advice or assistance before a crisis.

� Prevent evictions and prevent homelessness


� Some people cannot adequately explain their issues or advocate for themselves

� They are often unable to provide information needed to meet program requirements or to assist advocates who are trying to help them

� Providers, advocates and support individuals need to work together to help provide the health and economic support needed to support the whole person


� Individuals at all levels and any role can increase their knowledge of advocacy resources

� Caseworkers, support specialists, and other providers can advocate for clients with agencies or providers to resolve issues

� Support and secretarial staff can refer clients to appropriate agencies and organizations to more quickly resolve issues

� Friends and family can help advocate or connect people with resources


� “For someone with a mental health condition, the basic necessity of a stable home can be hard to come by. The lack of safe and affordable housing is one of the most powerful barriers to recovery. When this basic need isn’t met, people cycle in and out of homelessness, jails, shelters and hospitals. Having a safe, appropriate place to live can provide stability…”

�  National Alliance on Mental Illness - https://www.nami.org/Find-Support/Living-with-a-Mental-Health-Condition/Securing-Stable-Housing#sthash.J5y8Cj4H.dpuf


� “Housing instability is common among people diagnosed with substance use or mental disorders. This instability may take the form of: ¡  Risk of eviction and/or estrangement from families. ¡  Risk of homelessness after a stay in jail, prison, or

residential treatment. ¡  An inability to maintain adequate housing over a

period of time.” �  Treatment Improvement Protocol (TIP) Series, No. 55. Center for

Substance Abuse Treatment (US). Rockville (MD): Substance Abuse and Mental Health Services Administration (US); 2013. http://www.ncbi.nlm.nih.gov/books/NBK138719/ (SAMHSA).


� “Housing stability is key for long-term recovery from substance use and mental disorders; providing housing with treatment and other services reduces relapse (Kertesz,

Horton, Friedmann, Saitz, & Samet, 2003) and improves outcomes (Milby et al., 2008; Sosin, Bruni,

& Reidy, 1995).” (SAMHSA)


� “Homelessness itself is a risk factor for mental and substance use disorders...Solving homelessness is more than just having a safe place to live. Homelessness typically presents along with multiple, complex other problems: substance abuse, mental health issues, medical problems, legal/criminal justice issues, social challenges, and so forth.” (SAMHSA).


� “Poverty, financial problems and social deprivation are major socioeconomic risk factors for mental health problems and disorders”

� “Evidence indicates that debt, financial difficulties and housing payment problems lead to mental health problems”

� Impact of economic crises on mental health, World Health Organization, 2011.


� “Income stability through access to Federal or local income benefits is a critical ingredient in helping a person who is homeless reintegrate into the social mainstream. Clinicians and prevention workers must know how to help the people they serve gain access to these benefits.” (SAMHSA)

� Loss of income, even a small reduction in nutrition assistance benefits, could destabilize a household budget

� This could aggravate mental health issues and cause a crisis for a person already at risk of housing instability or homelessness


� Access to healthcare is essential to mental health recovery (National Alliance on Mental Illness)

� Both mental health professionals and general practitioners are necessary to ensure that all aspects of health are addressed

� Denial of treatments or medications for physical ailments can cause undue stress and exacerbate symptoms for individuals suffering from mental illness


� Read and review notices for requirements and deadlines

� Remind the person of deadlines and help organize and submit documentation

� Help them appeal by the deadline to ensure their rights are protected

� Help them apply for benefits or programs � Assist them in resolving issues using Helpful

Contacts or getting them to appropriate assistance


� Even if an entity has seemingly strict rules or regulations, a person might have a right to an accommodation or modification due to their disability ¡  Under Title II of the ADA, State and local

governments are required to make reasonable modifications to policies and procedures unless it would fundamentally alter the nature of the program or would be an undue burden

¡  Additional protections are offered under the Fair Housing Act

� https://www.ada.gov/cguide.htm


� If you believe a disability prevents a person from fairly participating in a program or housing, prevents them from complying with requirements or has caused them to make an error or miss a deadline, they could request an accommodation or modification

� Help can include requesting: ¡  A waiver or modification of requirements ¡  Forgiveness for an error made by the person ¡  Additional support or assistance from the agency


� When helping a person resolve issues threatening their health, housing or economic stability, make sure you know their goals and needs.

� Helping does not necessarily mean doing everything, taking control or making essential decisions. Although some people may need extensive assistance, many just need some support and guidance to resolve the problem.

� Everyone deserves to be treated with respect and be empowered to take the lead.

�  If you are unable to help, refer to the appropriate agency or organization for assistance quickly.


� Income ¡  Work or unemployment insurance ¡  Social Security Benefits (SSI, SSDI, etc.) ¡  Economic assistance (TANF, Food Stamps)

� Healthcare ¡  Treatment ¡  Medications

� Mental Health ¡  Treatment or therapy ¡  Medications


� Social Security Disability Insurance ¡  Based on work history

� Supplemental Security Income ¡  For individuals with limited income and resources ¡  Includes Children’s SSI

� Types of Issues: ¡  Cessation/Termination of Benefits ¡  Benefit Denials ¡  Overpayments

� Call your local office to appeal or resolve


� Cash Assistance ¡  Temporary Assistance to Needy Families (TANF)

� Nutritional Assistance/SNAP (Food Stamps) � Unemployment insurance � Types of Issues:

¡  Eligibility and denial of benefits ¡  Termination of Benefits ¡  Reduction of Benefits

� DES Client Advocates/Ombudsman ¡  SNAP, Cash, & Medical: (602) 542-8201 ¡  Unemployment: (602) 542-5954


� AHCCCS Healthcare � Early and Periodic Screening, Diagnostic and

Treatment (EPSDT) � Medicare Cost Savings Programs (AHCCCS)

¡  QMB, SLMB, Q1

� Arizona Long Term Care System (ALTCS) � Supplemental Security Income – Medical

Assistance Only (SSI MAO) � SMI services � Division of Developmental Disabilities (DDD)


� Types of Issues: ¡  Eligibility ¡  Denials and terminations ¡  Reduction of benefits or care hours ¡  Medical denials

¢  Denied medication, treatment, exams, surgeries, etc.

� Self-help: ¡  AHCCCS Client Advocate Line: (602) 417-4230 ¡  DES Medical Ombudsman: (602) 542-8201 ¡  ALTCS Ombudsman: (602) 542-6454 ¡  DDD Ombudsman: (602) 364-1560


� Supporting the whole person and preventing health and economic instability is critical to mental health and independence

� Health and financial instability can lead to mental health crises or risks to housing

� By proactively resolving issues and seeking help benefits and housing can be preserved

� Preventing evictions and increasing housing stability is essential to recovery for individuals suffering from mental illness


Size of household 100% FPL 125% FPL

1 11,880 14,850

2 16,020 20,025

3 20,160 25,200

4 24,300 30,375

5 28,440 35,375

6 32,580 40,725

7 36,730 45,913

8 40,890 51,113

For each additional person above 8, add

4,160 5,200


� 2013 = 64,615 Total Evictions Filed � 2014 = 65,520 Total Evictions Filed � 2015 = 64,794 Total Evictions Filed


� The legal term for an eviction is a ‘special detainer action.

� Designed to provide a speedy remedy to gain possession of property.

� Intended to provide a summary, speedy, and adequate remedy for obtaining possession of the premises withheld by a tenant.

� Allows the rightful owner to retain – or gain – possession of the property.

� The right to actual possession is the only issue to be determined in an eviction action.


� Evictions usually take place in Justice Courts � An eviction is a lawsuit by the landlord

asking the court to: ¡  1. Find that the tenant has broken the lease

agreement. ¡  2. Order that the tenant be removed from the

property. ¡  3. Order that the tenant pay money to the

landlord for rent, late fees, attorney fees and other costs.


� Not paying the rent � Material non-compliance � Material non-compliance affecting health and

safety � Material and irreparable breach


� The key issue to any eviction in Arizona is the question of actual or written notice.

� Landlord must provide tenant with written notice prior to eviction.

� See A.R.S.§33-1313 (A) and (B). � See A.R.S.§33-1368 (A) and (B), as the most

common legal reasons given for eviction.


� A tenant may not withhold rent for any reason not authorized by The Arizona Residential Landlord / Tenant Act. ¡  See Handout #1. Five-Day Notice of Non-Payment

of Rent ¡  A.R.S. § 33-1368(B)

� Review notice with tenant. � Get all of the facts. � Discuss notice with property manager /

landlord as soon as possible. � Ensure tenant corrects or fixes problem(s).


� Tenant to maintain dwelling unit and fails to do so. ¡  See Handout #2. Five-Day Health and Safety

Notice ¡  A.R.S. §33-1341

� Review notice with tenant. � Get all of the facts. � Discuss notice with property manager/

landlord as soon as possible. � Ensure tenant corrects or fixes problem(s).


� The property manager / landlord has determined that the tenant has committed a material non-compliance of lease/ rental agreement. ¡  See Handout #3. Ten-Day Notice Material Non-

Compliance. ¡  See Handout #3a. Second Ten-Day Notice Material

Non-Compliance. ¡  A.R.S. §33-1368(A)

� Review notice with tenant. � Get all of the facts. � Discuss notice with property manager / landlord

as soon as possible. � Ensure tenant corrects or fixes problem(s).


� The property manager / landlord has determined that the tenant has materially and irreparably breached the lease / rental agreement. ¡  See Handout #4. Material and Irreparable Breach

Notice. ¡  A.R.S. §33-1368(A)

� Tenant can be removed from dwelling unit within 12 - 24 hours, if evicted in justice court.

� Tenant cannot correct or fix problem(s). � Assist tenant in applying for legal representation

from Community Legal Services immediately. Visit www.clsaz.org for information.


� APRIL 11,1968 - President Lyndon Johnson signed into law the Federal Fair Housing Act (‘Act’) (Title VIII of the Civil Rights Act of 1968).

� The ‘Act’ originally prohibited discrimination in the sale, rental, and financing of housing on the basis of: ¡  Race ¡  Color ¡  Religion ¡  National Origin


� 1974 Amendment ¡  Protection on the basis of Sex was added

� 1988 - Fair Housing Amendments Act ¡  Amendments added prohibition on discrimination

based upon: ¢  Handicap/Disability ¢  Familial Status

¡  (See also Arizona Fair Housing Act as it is based upon the Federal statute A.R.S. §41-1491 Article 7 Fair Housing)


� RACE - all races are protected. It is just as unlawful for a black landlord to discriminate against a white tenant as vice versa.

� COLOR - all colors are protected (usually refers to skin tone).

� RELIGION - no preference or difference in treatment regarding members of a particular religious group.

� NATIONAL ORIGIN – protections of the ‘Act’, afforded to all residents, not just citizens.


� SEX - The ‘Act’ prohibits discrimination on the basis of sex. ¡  Sexual preference or orientation is not covered

under ACT or by Arizona’s fair housing statute.

� FAMILIAL STATUS – Refers to the presence of children under the age of 18 living in a household including: pregnant women, foster parents or a written designee of a minor child’s parent.


� HANDICAP/PERSON WITH DISABILITY ¡  Has a physical or mental impairment which

substantially limits one or more of such person’s ‘major life activities’, or has a record of having such an impairment, or is regarded as having such an impairment.

¡  A ‘Major Life Activity’ life is an activity that is of central importance to daily life such as: ¢  Seeing, sleeping, eating, hearing, walking, breathing,

working, performing manual tasks, caring for one’s self, thinking, reading, learning, speaking, and interacting with others.


� Diseases and conditions such as, orthopedic, visual, speech, hearing impairments, cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, HIV/AIDS, mental retardation, mental illness, recovered alcoholism and recovered drug addiction, and others.

� Disability does not include current, illegal drug use or addiction to a controlled substance.


� It is unlawful to discriminate on the basis of membership in any of the SEVEN PROTECTED CLASSES by: ¡  Discriminating in the SALE or RENTAL or

NEGOTIATION of a dwelling. ¡  Discriminating in the TERMS, CONDITIONS or

PRIVILEGES of SALE or RENTAL of a dwelling. ¡  Discriminating in providing SERVICES or

FACILITIES IN CONNECTION WITH a Sale or Rental of a dwelling


� Representing that a dwelling is not available, when, in fact, the dwelling is available for INSPECTION, SALE or RENTAL.

� Discriminatory NOTICE, STATEMENT, or ADVERTISEMENT for SALE or RENTAL of dwelling that indicates any PREFERENCE, LIMITATION or DISCRIMINATION based upon race, color, religion, sex, disability, familial status or national origin.


� What is a “reasonable accommodation?” ¡  A change, exception, or adjustment to a rule,

policy, practice, or service that may be necessary for a person with a disability to have an equal opportunity to use and enjoy a dwelling, including public and common use spaces.

� A failure to make a change, exception or adjustment to a rule, policy, service or practice, when necessary to allow a person with a disability equal opportunity to use and enjoy housing is unlawful under the Fair Housing Act.


� Refuse residency to disabled person because they need an accommodation.

� Place conditions on residency because of the need for an accommodation.

� Impose additional charges on residency or on use and enjoyment of dwelling and facilities because of disability or need for accommodation.


� Property manager or landlord may deny a request, if it ¡  Imposes undue financial and administrative

burden(s) on the housing provider. ¡  Changes the kinds of services that the housing

provider normally provides. ¡  Creates or imposes an undue risk of harm to

others.


� APPLICATION (e.g., alternative format for application).

� QUALIFICATIONS FOR TENANCY (e.g., co-signer).

� DURING TENANCY OR RESIDENCY (e.g., accessible parking space) .

� EVICTION (e.g., waiver of eviction to get treatment or monitoring)


� EXAMPLE: TENANT WITH SERIOUS MENTAL ILLNESS (SMI) ¡  A tenant who engages in disruptive behavior

because of psychiatric disability (PTSD), may be entitled to a reasonable accommodation to obtain treatment, counseling and monitoring in lieu of an eviction.

� See Handout #4. Material and Irreparable Breach


� Immediately contact clinical coordinators / housing specialist /case managers.

� Submit written assurance to housing provider of plan to reduce direct threat in the future.

� Immediately seek eligibility determination by Community Legal Services (‘CLS’) if tenant wishes legal representation.

� CLS requests reasonable accommodation from housing providers to prevent imminent eviction


All copyrightable materials (including information in the public domain) and the overall design of these materials are ©2016 Community Legal Services. All rights reserved. Permission is granted to view, read, and retain for reference. Any other copying, distribution, retransmission, or modification of information or materials, whether in electronic or hard copy form, without the express prior written permission of Community Legal Services, is strictly prohibited.


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