Modifications for Accessibility in Units in the Voucher Program - Information Bu

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Modifications for Accessibility in Units in the Voucher Program - Information 
Bulletin # 107 (4/06) 

    In the recently issued HUD Notice 2006-05 "Implementation of the 2006 HUD 
Appropriation Act," HUD explicitly recognized that a Housing Authority's 
Administrative Fees in its Housing Voucher Program can be used to modify housing 
units to make them accessible.  

    Under HUD's Section 504 Rehabilitation Act's "reasonable accommodation" 
duty and also under regulation, 24 Code of Federal Regulations 8.28, Housing 
Authorities that administer a Housing Voucher Program have the following legal 
duties:

    1.  Encourage owners of accessible units to participate in the voucher 
program;
    2.  List those units that are accessible; and 
    3.  "If necessary, otherwise assist the family in locating an available 
accessible dwelling unit."

    Many disability advocates have complained that persons with disabilities 
who had a voucher had great difficulty finding an accessible unit that 
participated in the Housing Voucher Program.  However, you've noted that there are 
landlords who would make their units accessible but do not have adequate funds. 

    Each Housing Authority in the Housing Voucher Program receives from HUD 
two separate funds - one for the voucher subsidies themselves and one for 
Administrative Fees for this program.

    The Administrative Fees are about 9% of the total voucher subsidies the 
Housing Authority receives.  Unfortunately, HUD does not publish these amounts 
by Housing Authority, so you will have to obtain this information either 
directly from your Housing Authority.

    Notice 2006-05 states that the "administrative fees ... shall only be 
used for activities related to the provision of section 8 tenant-based rental 
assistance, including related development activities.  Examples of related 
development activities include, but are not limited to, unit modification for 
accessibility purposes...." 

    If your Housing Authorities can not identify units that are accessible or 
does not have such a list, and you have a person with a disability who has a 
voucher and who needs an accessible unit, you should be meeting with your 
Housing Authority so that its administrative fees are used to make private housing 
units in the voucher program accessible.  

    Obviously, many if not most Housing Authorities prefer to use their 
Administrative Fees without your input.  However, the failure to have a sufficient 
number of accessible units in the voucher program discriminates against 
persons with disability in violation of the Rehabilitation Act.

    Start meeting with your Housing Authorities.  Make sure they begin to 
spend their Administrative Fees to increase the number of accessible units in 
your Housing Voucher Program.  

    Steve Gold, The Disability Odyssey continues

Back issues of other Information Bulletins are available online at 
http://www.stevegoldada.com 
with a searchable Archive at this site divided into different subjects.  To 
contact Steve Gold directly, write to stevegoldada@cs.com