National Council on Independent Living Housing Subcommittee Position Paper

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The National Council on Independent Living (NCIL) supports independent living for persons with disabilities and believes community living is a right. However, there is a wealth of data and information that documents that there is both a critical lack of affordable, accessible, healthy/nontoxic and integrated housing for persons with disabilities as well as a high incidence of housing discrimination committed against persons with disabilities.  A great deal of affordable housing is funded by federal government; yet federal housing policies are often developed without the participation of persons with disabilities.  The NCIL Housing Subcommittee has produced the following position paper focused on, but not necessarily limited to, federally funded housing.

1. NCIL supports the inclusion of persons with disabilities in the development of all housing policies, programs, and educational presentations.

2. NCIL recommends that Congress and the administration develop initiatives to create effective design and data collection for housing for people with disabilities; including people with Multiple Chemical Sensitivities/Electromagnetic Sensitivities (MCS/ES). 

3. NCIL believes that single family homes and townhouses constructed with federal funds should be "visitable" with at least one wheelchair accessible entrance and access to at least one wheelchair accessible bathroom.  NCIL supports legislation that would
require visitability in federally-funded housing. 

4.  NCIL supports increasing the amount of Low Income Housing Tax Credit (LIHTC) allocation available to states for housing with the mandate that all housing created by tax credits must be integrated and mixed-income.  Furthermore, NCIL believes that proactive enforcement is needed to ensure that all housing created with LIHTC allocation comply with fair housing laws.

5. NCIL supports revising Section 504 of the Rehab Act to require that at a minimum (a) 10% of all housing (not just multi-family) constructed or substantially renovated with federal funds be fully accessible to people with mobility disabilities, (b) 2% be fully accessible to people with sensory disabilities, and (c) 2% be fully accessible to people with MCS/ES.

6. NCIL supports legislation that would create a National Housing Trust Fund. This Fund would be used to produce, rehabilitate, and preserve 1.5 million affordable housing units, including units for people with physical and/or sensory disabilities, and MCS/ES.

7.  NCIL supports the reform of existing U.S. Housing & Urban Development (HUD) programs to end the definition of people with disabilities as a “special needs” category.  Instead of creating “special needs” programs or persons with specific types of disabilities, HUD must ensure that all programs, services and activities are accessible to people with different types of disabilities (except as noted in footnote #2).

8. NCIL supports HUD funding for education and training on the housing needs of people with disabilities (including those with MCS/ES) to be given to PHAs, developers and others in the housing community.

9. Given that HUD’s Disability Discrimination Study of 2005 demonstrates that people with disabilities face greater incidences of discrimination than any other protected class, NCIL supports increased funding and activities to better enforce all existing disability-rights laws.  NCIL urges HUD to implement the specific recommendations stated in the National Council on Disability’s report, “Reconstructing Fair Housing” as a starting point for assuring effective fair housing enforcement for people with disabilities.

10. NCIL supports new HUD funding for the allocation of housing vouchers specifically for people with disabilities who are moving from institutions to the community (or who are at-risk of institutional placement).

11. NCIL supports new HUD funding to assist persons with disabilities who hold
vouchers to pay for accessibility modifications to their housing.

12. NCIL supports initiatives that increase housing integration and choice for persons with disabilities.  The HUD Section 811 program, entitled "Supportive Housing for People with Disabilities,” presently allocates 25% of its funds for Section 8 Mainstream vouchers with the remaining 75% allocated by HUD for supportive housing programs. HUD must recognize that persons with disabilities have the right to accept or reject services rather than the services being mandated as a condition for housing.  NCIL believes that services should be on a “follow the person” basis. 

13. Because of the impact pesticides can have on persons with chemical sensitivities, NCIL recommends that HUD adopt and promote Integrated Pest Management practices, as required by federal law.

14. NCIL supports the commitment of funds from all federal housing programs, including 811 set-asides, to meet the housing needs of people with Multiple Chemical Sensitivities/ Electromagnetic Sensitivities (MCS/ES).

15. NCIL supports HUD ensuring that PHAs and communities are accurately assessing the housing needs of all persons with disabilities in their communities.  HUD regulations for Section 504 of the Rehabilitation Act permit HUD to raise the minimum percentage of fully accessible units required in federally assisted construction, if data can demonstrate an increased need.  HUD has issued a directive to Consolidated Plan entitlement communities stating that “the housing needs of persons with disabilities are not met by beds in nursing homes or other service centered facilities” but currently does not monitor housing needs assessments for compliance with this directive.  HUD must use various processes (such as Consolidated Plan needs assessments and Analyses of Impediments to Fair Housing) to accurately assess housing needs, and to adjust existing requirements and planning processes to meet this need.

16. Currently, Public Housing Authorities (PHAs) voucher programs must raise the voucher payment standard as a reasonable accommodation for persons with disabilities in order to obtain accessible housing.  NCIL supports initiatives that would require HUD to mandate that PHAs have the authority and responsibility to raise the payment standard to any reasonable amount in a timely manner above the Fair Market Rent for people with disabilities who are in need of accessible housing. 

17. Currently, Public Housing Authorities (PHAs) voucher programs must allow, as a reasonable accommodation, time extensions for persons with disabilities to locate appropriate accessible housing.  NCIL believes that not all PHAs are providing this accommodation and NCIL would like HUD to ensure that all PHAs are doing this.

18. NCIL supports a mandate for PHAs to include all unreimbursed medical and disability-related expenses for the purposes of calculating the Total Tenant Payment, regardless of whether or not the person with a disability is employed.