NDRN Federal Housing and Homelessness Policy Update WA

NDRN – Federal Housing and Homelessness Policy Update – WA 2017 Conference on Ending Homelessness L. Dara Baldwin, MPA Senior Public Policy Analyst May 10, 2017

Federal Housing Policy Update • National Disability Rights Network (NDRN) http: //www. ndrn. org/index. php • The National Disability Rights Network (NDRN) is the nonprofit membership organization for the federally mandated Protection and Advocacy (P&A) Systems and the Client Assistance Programs (CAP) for individuals with disabilities. Collectively, the Network is the largest provider of legally based advocacy services to people with disabilities in the United States • Civil Rights lawyers for people with disabilities (PWD) & enforcement agency in the sates NDRN - WA 2017 Conference on Ending Homelessness - Federal Policy - LDB May 2017 2

Federal Housing Policy Update • Federally funded program – Labor/HHS – DHHS Administration on Community Living (ACL) • 57 P&A’s – 1 in every state = 50; 1 in every territory = 6; and 1 specifically for the Native American community • Eight programs – to assist with civil and human rights of PWD – PADDS; CAP; PAIMI; PAIR; PAAT; PABBS; PATBI & PAVAhttp: //www. ndrn. org/en/about/paacap-network. html NDRN - WA 2017 Conference on Ending Homelessness - Federal Policy - LDB May 2017 3

Federal Housing Policy Update • Americans with Disabilities Act of 1990 (ADA) –This is a wide-ranging civil rights law that is intended to protect against discrimination based on disability; amended in 2008 (ADAA) • There are Five Titles to the ADA – there are no specific statutes on Transportation or Housing as there were laws implemented prior to ADA that covered discrimination (Fair Housing Act) • Civil Rights Act of 1964 – did not include disability in the list of protected classes – like age, pregnancy - disability was added later • Premise of the ADA – Community Integration – the inclusion of PWD in every aspect of life NDRN - WA 2017 Conference on Ending Homelessness - Federal Policy - LDB May 2017 4

Federal Housing Policy Update • Disability Rights – History – fascinating (see resources slide for readings etc. ) • Two “avenues” to this work 1. Paternalistic – we have to take care of PWD 2. Civil and Human Rights - PWD can and should live in the community provided with supports and give opportunities to decent employment, housing and all aspects of life NDRN - WA 2017 Conference on Ending Homelessness - Federal Policy - LDB May 2017 5

Federal Housing Policy Update History: • Architectural Barrier Act of 1968 – this created ramps, curb cuts & accessibility. PWD could get into the restaurant but could still be denied service. https: //en. wikipedia. org/wiki/Architectural_Barriers_Act_of_1 968 • Rehabilitation Act of 1974 – Section 504 – any entity receiving federal funding can not discriminate against PWD https: //www. disability. gov/rehabilitation-act-1973/ • Air Carrier Access Act of 1986 – guaranteed PWD would receive consistent and nondiscriminatory when traveling by air https: //en. wikipedia. org/wiki/Air_Carrier_Access_Act NDRN - WA 2017 Conference on Ending Homelessness - Federal Policy - LDB May 2017 6

Federal Housing Policy Update • • ADA Title II and Title III in addition to the civil rights act • Title III: This title prohibits private places of public accommodation from discriminating against individuals with disabilities. • ADA National Network: https: //adata. org/national-networ Title II: This title prohibits discrimination on the basis of disability by “public entities, ” which are programs, services and activities operated by state and local governments. The public entity must make sure its programs, services and activities are accessible to individuals with disabilities. NDRN - WA 2017 Conference on Ending Homelessness - Federal Policy - LDB May 2017 k 7

Federal Housing Policy Update • NDRN & P&A network use intersectionality in their work • People with disabilities are ALL parts of life and so we use this in our work • P&A serve all as long as they have a disability – not CJ lawyers but Civil Rights NDRN - WA 2017 Conference on Ending Homelessness - Federal Policy - LDB May 2017 8

Federal Housing Policy Update The FAIR HOUSING ACT • Title VIII of the Civil Rights Act of 1968 (Fair Housing Act) prohibits discrimination in the sale, rental and financing of dwellings based on race, color, religion, sex or national origin. • Title VIII was amended in 1988 (effective March 12, 1989) by the Fair Housing Amendments Act, which: expanded the coverage of the Fair Housing Act to prohibit discrimination based on disability or on familial status (presence of child under age of 18, and pregnant women) HUD - website NDRN - WA 2017 Conference on Ending Homelessness - Federal Policy - LDB May 2017 9

Federal Housing Policy Update FHA Cont’d • established new administrative enforcement mechanisms with HUD attorneys bringing actions before administrative law judges on behalf of victims of housing discrimination; and • revised and expanded Justice Department jurisdiction to bring suit on behalf of victims in Federal district courts. • In connection with prohibitions on discrimination against individuals with disabilities, the Act contains design and construction accessibility provisions for certain new multifamily dwellings developed for first occupancy on or after March 13 HUD - website NDRN - WA 2017 Conference on Ending Homelessness - Federal Policy - LDB May 2017 10

Federal Housing Policy Update ADA • Title II of the ADA prohibits discrimination against persons with disabilities in all services, programs, and activities made available by State and local governments. The Department of Justice (DOJ) has coordination authority for the ADA in accordance with Executive Order 11250. • HUD is the designated agency for all programs, services and regulatory activities relating to State and local public housing, and housing assistance and referrals. In addition, HUD has jurisdiction over a State or local government activity when HUD has jurisdiction under Section 504 of the Rehabilitation Act of 1973. HUD - website NDRN - WA 2017 Conference on Ending Homelessness - Federal Policy - LDB May 2017 11

Federal Housing Policy Update ABA • The Architectural Barriers Act (ABA) requires buildings and facilities that are constructed by or on behalf of, or leased by the United States, or buildings financed, in whole or in part, by a grant or loan made by the United States to be accessible to persons with mobility impairments. The Architectural and Transportation Barriers Board (ATBCB) has coordination authority for the ABA. HUD – website NDRN - WA 2017 Conference on Ending Homelessness - Federal Policy - LDB May 2017 12

Federal Housing Policy Update Working with 45 th Administration & 115 th Congress • Marathon – things take time & things change • Goals – Protect what we have • • • 45 th Administration & 115 Congress Focus on Regulations (CRA process) Business importance Civil Rights/Housing Rights – are important to us NDRN - WA 2017 Conference on Ending Homelessness - Federal Policy - LDB May 2017 13

Federal Housing Policy Update • Message Legislation – why do this • American Health Care Act of 2017 (AHCA) H. R. 1628 – Summary of bill: https: //www. govtrack. us/congress/bills/115/hr 1628/summary onto - now onto Senate • Immigrant community – protection and rights • Visitability Bill – universal design for housing NDRN - WA 2017 Conference on Ending Homelessness - Federal Policy - LDB May 2017 14

Federal Housing Policy Update • Regulatory Accountability Act of 2017 – H. R. 5 - passed now in Senate S. 951 - would make it difficult if not impossible for new rules to take effect • • This bill would make it difficult if not impossible for new rules to take effect The bill would give those who oppose new rules tools to block them at agencies and in the courts The ability of the federal government to enact and enforce regulations is integral to the civil rights protections and services and supports that enable people with disabilities to live independently and learn and work in the community. (Would effect all) This bill, if enacted, would cripple the government's ability to enact future regulations and potentially put existing regulations we have fought so hard to get enacted at risk for repeal through judicial review (by changing the standard of review). NDRN - WA 2017 Conference on Ending Homelessness - Federal Policy - LDB May 2017 15

Federal Housing Policy Update Resources: • ADA training: ADA Network: ADA Basics Building Blocks – series: https: //adata. org/project/ada-basic-building-blocks • No Pity by Joe Shapiro (Book on the history of the disability rights movement) • “Lives Worth Living” Movie about the disability rights movement - http: //www. pbs. org/independentlens/films/livesworth-living/ • NDRN –Our history: http: //www. ndrn. org/about/26 -ourhistory. html • Words matter – People First Language http: //odr. dc. gov/page/people-first-language NDRN - WA 2017 Conference on Ending Homelessness - Federal Policy - LDB May 2017 16

Federal Housing Policy Update Contact information: L. Dara Baldwin, MPA Senior Public Policy Analyst National Disability Rights Network (NDRN) Email: dara. baldwin@ndrn. org Phone: 202 -408 -9514 ext. 102 Website: www. ndrn. org Twitter: @NDRNAdvocates Facebook: NDRNAdvocates NDRN - WA 2017 Conference on Ending Homelessness - Federal Policy - LDB May 2017 17