SECTION 504 AND THE ELDERLY

SYNOPSIS OF 504 AND LAWS

• FAIR HOUSING• REASONABLE ACCOMODATIONS• ADA: NEW PROVISIONS APPLICABLE.

BASICALLY EVERYTHING QUALIFIES• CAN’T DISCRIMINATE• MUST DEAL WITH DISABILITIES

PHA CLIENTS

• MANY ARE BECOMING ELDERLY• THEY HAVE SAME PROBLEMS• MAY NOT BE ABLE TO RECOGNIZE THEM AND

ASK FOR ASSISTANCE• MANAGEMENT MUST TAKE PROACTIVE STEPS• KNOW YOUR TENANTS• DON’T WAIT TO TRY TO OFFER ASSISTANCE

COMMON AREAS OF CONCERN

• DEMENTIA• DISORIENTATION• FORGETFULNESS• ABILITY TO UNDERSTAND AND COMPREHEND• SOCIAL SERVICE ASSISTANCE• HEARING• SIGHT

MORE COMMON PROBLEMS

• MOBILITY• CARE GIVERS (INCLUDING LIVE-IN AIDES)• SAFETY ISSUES: FIRES, ABILITY TO SUMMON

HELP• ABILITY TO GET TO THE OFFICE• MEDICATION ISSUES

MORE EXAMPLES

• HEALTH CONDITIONS AFFECTING ELDERLY– WALKING, MANUAL TASKS, LEARNING,

COMMUNICATING, BREATHING, EATING, WASHING AND DRESSING

– TAKING CARE OF ONE’S AFFAIRS• PAYING BILLS, MANAGING FINANCIAL MATTERS• UNDERSTANDING RULES AND REGULATIONS

ARE THESE DISABILITIES?

• ANY OF THESE COULD BECOME A DISABILITY COVERED UNDER THE ACT.

• ANY OF THEM COULD AFFECT SAFETY OF THE RESIDENTS, AND OTHERS

• REASONABLE ACCOMODATIONS MAY BE NECESSARY IN MOST CASES

DETERMINING SPECIAL NEEDS

• DON’T ASK:– HEALTH OR MEDICATIONS– LIVE INDEPENDENTLY?– NEED HELP WITH DAILY ACTIVITIES– USE TOILET BY SELF– GET IN AND OUT OF BED BY SELF

CAN’T REQUIRE

• PHYSICAL EXAMINATION• PRODUCTION OF MEDICAL RECORDS• EVALUATION BY STAFF• SIGNING MEDICAL RELEASE• MENTAL TESTS: COUNTING BACKWARDS, ETC

EXCEPTION

• IF HOUSING ONLY FOR DISABLED• IF HOUSING HAS A PREFERENCE

• ASK QUESTIONS ONLY ABOUT THOSE SPECIFIC AREAS.

YOU CAN ASK

• CAN YOU ABIDE BY LEASE AND MAKE PAYMENTS

• REFERENCES• KEEP HOME CLEAN?• CRIMINAL RECORDS• DIRECT THREAT TO SAFETY OF OTHERS?• AGE: IF HOUSING FOR ELDERLY AND NEAR

ELDERLY

REMEMBER

• YOU CAN AND SHOULD ASK THE PRECEDING QUESTIONS OF ALL APPLICANTS

• THE PERSON (APPLICANT OR TENANT) MUST BE CAPABLE OF UNDERSTANDING WHAT YOU ARE TALKING ABOUT

• LISTEN AND OBSERVE• ASK IF THEY NEED ANY SPECIAL ACCOMODATIONS TO

MAKE THEM SUCCESSFUL TENANT• REMIND THEM ABOUT NOTIFYING YOU OF ANY

SPECIAL NEEDS AND YOUR PROCESS OF EVALUATING NEEDS REQUESTS

RESIDENT ISSUES

• CANNOT EVICT BECAUSE RESIDENT DEVELOPS A DISABILITY SO LONG AS THEY CAN COMPLY WITH THE LEASE AND TERMS OF TENANCY

• MOVING TO ACCESSIBLE UNIT– RESIDENT SHOULD REQUEST– PROCESS REQUEST– FOLLOW YOUR POLICIES

TENANT REQUIREMENTS

• DISABILITY DOES NOT EXCUSE LEASE VIOLATIONS– RENT PAYMENTS, CHARGES WHEN DUE,

NOTIFYING OFFICE OF CHANGES– MAINTAINING CLEANLINESS– NOT VIOLATE LEASE, DISTURBING PEACE– DAMAGE TO PREMISES– NOISE RESTRICTIONS– PET RESTRICTIONS

ASSISTANCE ANIMALS

• ASSISTANCE ANIMAL IS NOT A PET• HAVE SEPARATE ASSISTANCE ANIMAL POLICY• STILL HAVE TO MAINTAIN SANITATION• PHA CAN HAVE SOME RESTRICTIONS• FOLLOW THE LAW IN VERIFICATION• NEW TREND IS COMFORT ANIMALS

504 AND ADA ISSUES

• RENT PAYMENT: MAYBE MID MONTH NOTICE, GOING TO APARTMENT TO COLLECT RENT

• FIRES IN KITCHEN: MICROWAVE, AUTOMATIC SHUT OFF. (DON’T WAIT UNTIL THEY REQUEST THIS ONE!!!!!)

• BAD HOUSEKEEPING: SUGGEST ASSISTANCE CARE GIVER, MORE VISITS, SOCIAL AGENCY ASSISTANCE

OTHER REQUESTS

• SPECIAL PARKING• ACCESS RAMPS: MUST COMPLY WITH

STANDARDS• VISITORS STAYING IN EXCESS OF LEASE

PROVISIONS• TENANT SUPPLIED IMPROVEMENTS

REASONABLE ACCOMODATIONS

• MUST BE REQUESTED BY THE TENANT• WITHOUT REQUEST, YOU DO NOT HAVE TO

PROVIDE• BUT BE AWARE OF SAFETY CONCERNS• MAY BE REQUESTED EVEN THROUGH THE

EVICTION PROCESS• CANNOT ENFORCE USING YOUR FORM• BE SURE THE FORM DOES NOT VIOLATE THE LAW

MORE ACCOMODATIONS

• ASK RESIDENT TO SPECIFY THE ACCOMODATION NEEDED ON THE FORM

• THE ACCOMODATION MUST BE RELEVANT TO THE DISABILITY: PARKING NEAR BUILDING FOR A HEARING IMPAIRED PERSON

• LARGE PRINT LEASE FOR SIGHT IMPAIRED• VISITOR NOTIFICATION FOR HEARING

IMPAIRED

VERIFICATION OF DISABILITY

• YOUR OWN OBSERVATIONS• DOCTOR’S NOTE: NOT FORGERY!!• RELEVANT: CENTRAL AIR VS. WINDOW UNIT• THIRD PARTY WHO KNOWS INDIVIDUAL• PERSON OR FAMILY MEMBER

IF NOT OBVIOUS

• REQUEST FOR PET/ASSISTANCE ANIMAL: MAY ASK FOR VERIFICATION THAT THERE IS A DISABILITY. IF NOT WOULD BE A PET.

• ASK FOR INFORMATION TO SHOW THE NEED FOR A DISABILITY-RELATED ANIMAL.

MAKING CHANGES OR DENYING

• UP TO PHA AFTER ASSESSMENT• MINOR COSTS SHOULD NOT BE AN ISSUE• STAFF TIME TO PROCESS IS NOT AN ISSUE• CANNOT REQUIRE A FUNDAMENTAL CHANGE

IN YOUR OPERATIONS: TRANSPORTATION TO DOCTOR, DRUG STORE, ETC., UNLESS PROVIDED TO OTHERS

• ALTERATIONS TO UNIT COSTS

BUT OFFER ALTERNATIVES

• CARE GIVER• LIVE IN AIDE• CONTACTING SOCIAL SERVICE AGENCIES• SUGGEST VOLUNTEER AGENCIES ASSISTANCE

CONCLUSION

• EDUCATE YOURSEL AND STAFF ON NEEDS OF ELDERLY

• REMEMBER THEY MAY NOT ALWAYS BE CAPABLE OF DETERMINING THEY NEED AN ACCOMODATION

• ACCOMODATIONS MAY BE NECESSARY TO MAINTAIN SAFETY OF TENANT AND OTHER TENANTS

AND FINALLY

• STRESS UPON TENANTS YOUR POLICY FOR REQUESTING ASSISTANCE

• TREAT ALL TENANTS THE SAME• DO NOT DELAY IN ANSWERING OR

ADDRESSING THEIR REQUEST• ASK QUESTIONS FROM ATTORNEY OR HUD IF

YOU HAVE A BORDERLINE ISSUE: COSTS, CHARGES, ETC.