Discrimination and Disabilities: Fair Housing Laws for Subsidized Housing

People who live in public housing or housing that gets financial help from the government are protected by laws that ensure fairness and equal treatment. Let's break down what this means:

1. Application Process and Waitlists:

• The process for applying and waiting for subsidized housing must be accessible for people with disabilities.
• If someone on the waitlist needs a home with specific features because of a disability, like being on the first floor, they should get the next available home with that feature. They come first, even if someone without a disability is ahead of them on the waitlist. 

2. Transfers for Residents:

• If a resident with a disability needs to move to a more accessible unit or one with specific features, they should get the next available one. They come first over a new applicant without disabilities. 
• The housing provider might offer different solutions: 
  • If the lease allows it, they might move a person without a disability from an accessible unit to an inaccessible unit. 24 CFR §9.154(b).
  • If it’s hard for a long-time resident to move and adjust, a transfer might not be the right solution. 
  • They can transfer the resident to a fully accessible unit in the same building or a different building. 

3. Adding Family Members and Live-in Aides:

• People living in subsidized housing can request to add a family member with a disability. The housing provider should see this as a fair request. 
• If a resident needs someone to live with them to help due to a disability, the housing provider must consider this request. They might even need to provide an extra bedroom. This live-in aide’s income cannot be counted as part of the household’s income. 24 C.F.R. §5.609(c)(5).

Examples:

• Transfer Request: Kanwar, who lived in subsidized housing for over 20 years, needed some changes due to a vision disability. He started to use a walker and asked for grab bars in the bathroom. Instead of installing what he needed, the housing provider suggested moving him to a different building on the other side of town. This might not be the best solution considering how long Kanwar lived there and how simple the change can be.
• Adding Family Member: Suzie, who had a housing voucher for a long time, asked to include her adult son Greg, who had a brain injury, in her voucher. She wants to take care of him. The housing authority should treat this as a reasonable accommodation.
• Live-in Aide: Regina has a Section 8 voucher and lives in a one-bedroom unit with her 7-year old son. When she needed a live-in aide because of her disability, she requested a larger unit.  The federal rules say that there should be one bedroom for every two people. So, Regina should get a 2-bedroom unit. Also, the aide's income won’t count towards Regina’s household earnings.

These rules are in place to make sure everyone, especially those with disabilities, has fair and equal opportunities in subsidized housing.