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Longmont Housing Authority Administrative Plan
Chapter 1 – Statement of Policies and Objectives
FAIR HOUSING AND EQUAL OPPORTUNITY
Part I: Nondiscrimination.
This part presents the body of laws and regulations governing the responsibilities of the PHA regarding nondiscrimination.
Part II: Policies Related to Persons with Disabilities.
This part discusses the rules and policies of the housing choice voucher program related to reasonable accommodation for persons with disabilities. These rules and policies are based on the Fair Housing Act (42.U.S.C.) and Section 504 of the Rehabilitation Act of 1973, and incorporate guidance from the Joint Statement of The Department of Housing and Urban Development and the Department of Justice (DOJ), issued May 17, 2004.
Part III: Prohibition of Discrimination Against Limited English Proficiency Persons.
This part details the obligations of the PHA to ensure meaningful access to the HCV program and its activities by persons with limited English proficiency (LEP). This part incorporates HUD and DOJ’s Notice of Guidance, published December 19, 2003 in the Federal Register.
Part IV: Prohibition of Discriminated of Victims of Domestic Violence as to implement the provisions of the Violence Against Women Act (VAWA).
This part details the obligations of the PHA to serve the needs of, and afford certain protections to, any applicant or participant who is or has been a victim of domestic violence, dating violence or stalking, as prescribed by the Violence Against Women and Department of Justice Reauthorization Act of 2005. PUB. L. 109-162.
PART IA: NONDISCRIMINATION
The LHA will comply fully with all federal, state, and local nondiscrimination laws, and with rules and regulations governing fair housing and equal opportunity in housing and employment, including:
· Title VI of the Civil Rights Act of 1964
· Title VIII of the Civil Rights Act of 1968 (as amended by the Community Development Act of 1974 and the Fair Housing Amendments Act of 1988)
· Executive Order 11063
· Section 504 of the Rehabilitation Act of 1973
· The Age Discrimination Act of 1975
· Title II of the Americans with Disabilities Act (to the extent that it applies, otherwise Section 504 and the Fair Housing Amendments govern)
· Violence Against Women Reauthorization Act of 2005 (VAWA)
· When more than one civil rights law applies to a situation, the laws will be read and applied together.
· Any applicable state laws or local ordinances and any legislation protecting individual rights of tenants, applicants, or staff that may subsequently be enacted
To further its commitment to full compliance with applicable Civil Rights laws, the LHA will provide Federal/State/local information to Voucher holders regarding unlawful discrimination and any recourse available to families who believe they are victims of a discriminatory act. Such information will be made available during the family briefing session, and all applicable Fair Housing Information and Discrimination Complaint Forms will be made a part of the Voucher holder’s briefing packet, and available upon request at the front desk.
All Housing Authority staff will be required to attend fair housing training and informed of the importance of affirmatively furthering fair housing and providing equal opportunity to all families, including providing reasonable accommodations to persons with disabilities, as a part of the overall commitment to quality customer service.
Fair Housing posters are posted throughout the Housing Authority office, including in the lobby and interview rooms, and the equal opportunity logo will be used on all outreach materials. Staff will attend local fair hosing update training sponsored by HUD and other local organizations to keep current with new developments.
PART IB: NONDISCRIMINATION
LHA Policy
The Longmont Housing Authority will not deny any family or individual the equal opportunity to apply for or receive assistance under the Section 8 Programs on the basis of race, color, religion, creed, national or ethnic origin, age, familial status, handicap or disability.
LHA will not use any of these factors to:
· Deny to any family the opportunity to apply for housing, nor deny to any qualified applicant the opportunity to participate in the housing choice voucher program
· Provide housing that is different from that provided to others
· Subject anyone to segregation or disparate treatment
· Restrict anyone's access to any benefit enjoyed by others in connection with the housing program
· Treat a person differently in determining eligibility or other requirements for admission
· Steer an applicant or participant toward or away from a particular area based any of these factors
· Deny anyone access to the same level of services
· Deny anyone the opportunity to participate in a planning or advisory group that is an integral part of the housing program
· Discriminate in the provision of residential real estate transactions
· Discriminate against someone because they are related to or associated with a member of a protected class
· Publish or cause to be published an advertisement or notice indicating the availability of housing that prefers or excludes persons who are members of a protected class.
Providing Information to Families and Owners
The PHA must take steps to ensure that families and owners are fully aware of all applicable civil rights laws. As part of the briefing process, the PHA must provide information to HCV applicant families about civil rights requirements and the opportunity to rent in a broad range of neighborhoods [24 CFR 982.301]. The Housing Assistance Payments (HAP) contract informs owners of the requirement not to discriminate against any person because of race, color, religion, sex, national origin, age, familial status, or disability in connection with the contract.
Discrimination Complaints
If an applicant or participant believes that any family member has been discriminated against by the PHA or an owner, the family should advise the PHA. HUD requires the PHA to make every reasonable attempt to determine whether the applicant’s or participant’s assertions have merit and take any warranted corrective action. In addition, the PHA is required to provide the applicant or participant with information about how to file a discrimination complaint [24 CFR 982.304].
LHA Policy
Applicants or participants who believe that they have been subject to unlawful discrimination may notify the LHA either orally or in writing.
The LHA will attempt to remedy discrimination complaints made against the LHA.
The LHA will provide a copy of a discrimination complaint form to the complainant and provide them with information on how to complete and submit the form to HUD’s Office of Fair Housing and Equal Opportunity (FHEO).
PART II: POLICIES RELATED TO PERSONS WITH DISABIILTIES
DEFINITION OF A PERSON WITH A DISABILITY UNDER FEDERAL CIVIL RIGHTS LAWS [24 CFR Parts 8.3 and 100.201]
A person with a disability, as defined under federal civil rights laws, is any person who:
· Has a physical or mental impairment that substantially limits one or more of the major life activities of an individual, or
· Has a record of such impairment, or
· Is regarded as having such impairment
The phrase “physical or mental impairment” includes:
· Any physiological disorder or condition, cosmetic or disfigurement, or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genito-urinary; hemic and lymphatic; skin; and endocrine; or
· Any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities. The term “physical or mental impairment” includes, but is not limited to: such diseases and conditions as orthopedic, visual, speech and hearing impairments, cerebral palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, mental retardation, emotional illness, drug addiction and alcoholism.
“Major life activities” includes, but is not limited to, caring for oneself, performing manual tasks, walking, seeing, hearing, breathing, learning, and/or working.
“Has a record of such impairment” means has a history of, or has been misclassified as having, a mental or physical impairment that substantially limits one or more major life activities.
“Is regarded as having an impairment” is defined as having a physical or mental impairment that does not substantially limit one or more major life activities but is treated by a public entity (such as the PHA) as constituting such a limitation; has none of the impairments defined in this section but is treated by a public entity as having such an impairment; or has a physical or mental impairment that substantially limits one or more major life activities, only as a result of the attitudes of others toward that impairment.
The definition of a person with disabilities does not include:
· Current illegal drug users
· People whose alcohol use interferes with the rights of others
· Persons who objectively pose a direct threat or substantial risk of harm to others that cannot be controlled with a reasonable accommodation under the HCV program
The above definition of disability determines whether an applicant or participant is entitled to any of the protections of federal disability civil rights laws. Thus, a person who does not meet this disability is not entitled to a reasonable accommodation under federal civil rights and fair housing laws and regulations.
The HUD definition of a person with a disability is much narrower than the civil rights definition of disability. The HUD definition of a person with a disability is used for purposes of receiving the disabled family preference, the $400 elderly/disabled household deduction, the $480 dependent deduction, the allowance for medical expenses, or the allowance for disability assistance expenses.
The definition of a person with a disability for purposes of granting a reasonable accommodation request is much broader than the HUD definition of disability. Many people will not qualify as a disabled person under the HCV program, yet an accommodation is needed to provide equal opportunity.
One type of disability discrimination prohibited by the Fair Housing Act is the refusal to make reasonable accommodation in rules, policies, practices, or services when such accommodation may be necessary to afford a person with a disability the equal opportunity to use and enjoy a program or dwelling under the program.
LHA Policy
The LHA will ask all applicants and participants if they require any type of accommodations, in writing, on the intake application, reexamination documents, and notices of adverse action by the PHA, by including the following language:
“If you or anyone in your family is a person with disabilities, and you require a specific accommodation in order to fully utilize our programs and services, please contact the housing authority.”
A specific name and phone number will be indicated as the contact for requests for accommodation for persons with disabilities.
PART IIB: Definition of Reasonable Accommodation
A person with a disability may require special accommodations in order to have equal access to the HCV program. The types of reasonable accommodations the PHA can provide include changes, exceptions, or adjustments to a rule, policy, practice, or service.
Federal regulations stipulate that requests for accommodations will be considered reasonable if they do not create an "undue financial and administrative burden" for the PHA, or result in a “fundamental alteration” in the nature of the program or service offered. A fundamental alteration is a modification that alters the essential nature of a provider’s operations.
Types of Reasonable Accommodations
When needed, the PHA must modify normal procedures to accommodate the needs of a person with disabilities. Examples include:
· Permitting applications and reexaminations to be completed by mail
· Conducting home visits
· Using higher payment standards (either within the acceptable range or with HUD approval of a payment standard outside the PHA range) if the PHA determines this is necessary to enable a person with disabilities to obtain a suitable housing unit
· Providing time extensions for locating a unit when necessary because of lack of availability of accessible units or special challenges of the family in seeking a unit
· Permitting an authorized designee or advocate to participate in the application or certification process and any other meetings with PHA staff
· Displaying posters and other housing information in locations throughout the LHA's office in such a manner as to be easily readable from a wheelchair
PART IIC: Request for an ACCOMMODATION
If an applicant or participant indicates that an exception, change, or adjustment to a rule, policy, practice, or service is needed because of a disability, HUD requires that the LHA treat the information as a request for a reasonable accommodation, even if no formal request is made [Joint Statement of the Departments of HUD and Justice: Reasonable Accommodations under the Fair Housing Act].
The family must explain what type of accommodation is needed to provide the person with the disability full access to the LHA’s programs and services.
If the need for the accommodation is not readily apparent or known to the LHA, the family must explain the relationship between the requested accommodation and the disability. There must be an identifiable relationship, or nexus, between the requested accommodation and the individual’s disability.
LHA Policy
The LHA will encourage the family to make its request in writing using a reasonable accommodation request form. However, the LHA will consider the accommodation any time the family indicates that an accommodation is needed whether or not a formal written request is submitted.
PART IID: Verification of Disability
The definition of a person with a disability for the purpose of obtaining a reasonable accommodation is much broader than the HUD definition of disability which is used for waiting list preferences and income allowances.
Before providing an accommodation, the PHA must determine that the person meets the definition of a person with a disability, and that the accommodation will enhance the family’s access to the PHA’s programs and services.
If a person’s disability is obvious, or otherwise known to the PHA, and if the need for the requested accommodation is also readily apparent or known, no further verification will be required [Joint Statement of the Departments of HUD and Justice: Reasonable Accommodations under the Fair Housing Act].
If a family indicates that an accommodation is required for a disability that is not obvious or otherwise known to the PHA, the PHA must verify that the person meets the definition of a person with a disability, and that the limitations imposed by the disability require the requested accommodation.
When verifying a disability, the PHA will follow the verification policies provided in Chapter 7. All information related to a person’s disability will be treated in accordance with the confidentiality policies provided in Chapter 16. In addition to the general requirements that govern all verification efforts, the following requirements apply when verifying a disability:
· Third-party verification must be obtained from an individual identified by the family who is competent to make the determination. A doctor or other medical professional, a peer support group, a non-medical service agency, or a reliable third party who is in a position to know about the individual’s disability may provide verification of a disability [Joint Statement of the Departments of HUD and Justice: Reasonable Accommodations under the Fair Housing Act]
· The PHA must request only information that is necessary to evaluate the disability-related need for the accommodation. The PHA will not inquire about the nature or extent of any disability.
· Medical records will not be accepted or retained in the participant file.
PAET IIE: Approval/Denial of a Requested Accommodation [Joint Statement of the Departments of HUD and Justice: Reasonable Accommodations under the Fair Housing Act].
The LHA must approve a request for an accommodation if the following three conditions are met:
· The request was made by or on behalf of a person with a disability.
· There is a disability-related need for the accommodation.
· The requested accommodation is reasonable, meaning it would not impose an undue financial and administrative burden on the PHA, or fundamentally alter the nature of the LHA’s HCV operations (including the obligation to comply with HUD requirements and regulations).
Requests for accommodations must be assessed on a case-by-case basis, taking into account factors such as the cost of the requested accommodation, the financial resources of the LHA at the time of the request, the benefits that the accommodation would provide to the family, and the availability of alternative accommodations that would effectively meet the family’s disability-related needs.
Before making a determination whether to approve the request, the LHA may enter into discussion and negotiation with the family, request more information from the family, or may require the family to sign a consent form so that the LHA may verify the need for the requested accommodation.
LHA Policy
After a request for an accommodation is presented, the PHA will respond, in writing, within 10 business days.
If the LHA denies a request for an accommodation because it is not reasonable (it would impose an undue financial and administrative burden or fundamentally alter the nature of the LHA’s operations), the LHA will discuss with the family whether an alternative accommodation could effectively address the family’s disability-related needs without a fundamental alteration to the HCV program and without imposing an undue financial and administrative burden.
If the LHA believes that the family has failed to identify a reasonable alternative accommodation after interactive discussion and negotiation, the LHA will notify the family, in writing, of its determination within 10 business days from the date of the most recent discussion or communication with the family.
PART IIF: Program Accessibility for Persons with Hearing or Vision Impairments
HUD regulations require the LHA to ensure that persons with disabilities related to hearing and vision have reasonable access to the LHA's programs and services [24 CFR 8.6].
At the initial point of contact with each applicant, the LHA shall inform all applicants of alternative forms of communication that can be used other than plain language paperwork.
LHA Policy
To meet the needs of persons with hearing impairments, TTD/TTY (text telephone display / teletype) communication will be available.
To meet the needs of persons with vision impairments, large-print and audio versions of key program documents will be made available upon request. When visual aids are used in public meetings or presentations, or in meetings with PHA staff, one-on-one assistance will be provided upon request.
Additional examples of alternative forms of communication are sign language interpretation; having material explained orally by staff; or having a third party representative (a friend, relative or advocate, named by the applicant) to receive, interpret and explain housing materials and be present at all meetings.
PART IIG: Physical Accessibility
The PHA must comply with a variety of regulations pertaining to physical accessibility, including the following:
· PIH 2002-01 (HA), Accessibility Notice
· Section 504 of the Rehabilitation Act of 1973
· The Americans with Disabilities Act of 1990
· The Architectural Barriers Act of 1968
· The Fair Housing Act of 1988
The LHA’s policies concerning physical accessibility must be readily available to applicants and participants. They can be found in three key documents:
· This plan describes the key policies that govern the LHA’s responsibilities with regard to physical accessibility.
· Notice PIH 2002-01(HA) Accessibility Notice (which must be posted in the HCV offices in a conspicuous place) summarizes information about pertinent laws and implementing regulations related to non-discrimination and accessibility in federally-funded housing programs.
· The LHA Plan provides information about self-evaluation, needs assessment, and transition plans.
The design, construction, or alteration of PHA facilities must conform to the Uniform Federal Accessibility Standards (UFAS). Newly-constructed facilities must be designed to be readily accessible to and usable by persons with disabilities. Alterations to existing facilities must be accessible to the maximum extent feasible, defined as not imposing an undue financial and administrative burden on the operations of the HCV program.
When issuing a voucher to a family that includes an individual with disabilities, the LHA will include a current list of available accessible units known to the LHA and will assist the family in locating an available accessible unit, if necessary.
In general, owners must permit the family to make reasonable modifications to the unit. However, the owner is not required to pay for the modification and may require that the unit be restored to its original state at the family’s expense when the family moves.
Except as otherwise provided in 24 CFR 8.21(c)(1),8.24(a),8.25, and 8.31, no individual with disabilities shall be denied the benefits of, be excluded from participation in, or otherwise be subjected to discrimination because the LHA’s facilities are inaccessible to or unusable by persons with disabilities. Posters and housing information are displayed in locations throughout the LHAs office in such a manner as to be easily readable from a wheelchair.
The Longmont Housing Authority’s office is accessible to persons with disabilities. Accessibilty for the hearing impaired is provided by the Colorado Relay and City of Longmont TTD.
PART IIH: Denial or Termination of Assistance
LHA’s decision to deny or terminate the assistance of a family that includes a person with disabilities is subject to consideration of reasonable accommodation [24 CFR 982.552 (2)(iv)].
When applicants with disabilities are denied assistance, the notice of denial must inform them of the LHA’s informal review process and their right to request a hearing. In addition, the notice must inform applicants with disabilities of their right to request reasonable accommodations to participate in the informal hearing process.
When a participant family’s assistance is terminated, the notice of termination must inform them of the LHA’s informal hearing process and their right to request a hearing and reasonable accommodation.
When reviewing reasonable accommodation requests, the LHA must consider whether any mitigating circumstances can be verified to explain and overcome the problem that led to the LHA’s decision to deny or terminate assistance. If a reasonable accommodation will allow the family to meet the requirements, the LHA must make the accommodation.
PART III: IMPROVING ACCESS TO SERVICES FOR PERSONS WITH LIMITED ENGLISH PROFICIENCY (LEP)
The LHA will take affirmative steps to communicate with people who need services or information in a language other than English. These persons will be referred to as Persons with Limited English Proficiency (LEP).
LEP is defined as persons who do not speak English as their primary language and who have a limited ability to read, write, speak or understand English. For the purposes of this administrative plan, LEP persons are HCV applicants and participants, and parents and family members of applicants and participants.
In order to determine the level of access needed by LEP persons, the LHA will balance the following four factors: (1) the number or proportion of LEP persons eligible to be served or likely to be encountered by the Housing Choice Voucher program; (2) the frequency with which LEP persons come into contact with the program; (3) the nature and importance of the program, activity, or service provided by the program to people’s lives; and (4) the resources available to the LHA and costs. Balancing these four factors will ensure meaningful access by LEP persons to critical services while not imposing undue burdens on the LHA.
ORAL INTERPRETATION
LHA Policy
The LHA will analyze the various kinds of contacts it has with the public, to assess language needs and decide what reasonable steps should be taken. “Reasonable steps” may not be reasonable where the costs imposed substantially exceed the benefits.
In a courtroom, a hearing, or situations in which health, safety, or access to important benefits and services are at stake, the LHA will generally offer, or ensure that the family is offered through other sources, competent services free of charge to the LEP person.
Where feasible, the LHA will train and hire bilingual staff to be available to act as interpreters and translators, will pool resources with other PHAs, and will standardize documents. Where feasible and possible, the LHA will encourage the use of qualified community volunteers.
Where LEP persons desire, they will be permitted to use, at their own expense, an interpreter of their own choosing, in place of or as a supplement to the free language services offered by the LHA. The interpreter may be a family member or friend.
WRITTEN TRANSLATION
LHA Policy
The LHA has bilingual staff to assist non-English speaking families in Spanish, and has a goal of translating vital documents into Spanish. The LHA does not provide written translation of vital documents at this time.
In determining whether it is feasible to provide translation of documents written in English into other languages, the LHA considered the following factors:
Number of applicants and participants in the jurisdiction who do not speak English, and speak the other language;
Estimated cost to LHA per client of translation of English written documents into the other language;
The availability of local organizations to provide translation services to non English speaking families; and
The availability of bilingual staff to provide translation for non English speaking families.
LHA will provide written notice in the primary language of the LEP language group of the right to receive competent oral interpretation of those written materials, free of cost.
LIMITED ENGLISH PROFICIENCY (LEP) IMPLEMENTATION PLAN
The goal of the LHA Limited English Proficiency Plan is to ensure that all individuals, regardless of primary language spoken, have meaningful access to housing services.
According to the 2000 Census, the number of persons in the Longmont area that speak English less than “very well” are 5,986, or 9.1%. A further breakdown shows that the number of people who are Spanish speaking and speak English less than “very well” is 5,018 or 7.6%. That means that all other language groups that are LEP constitute 1.5% of the Longmont area population.
Therefore, LHA has determined that the only LEP language group that currently constitutes 5 percent or 1,000 persons (whichever is less) of the population of persons eligible to be served or likely to be affected or encountered is the Spanish speaking population.
Written translation of vital documents into Spanish is not done at this time due to the financial burden that LHA would incur.
As opportunities arise, the LHA may work with other housing authorities to share the cost of translating common documents, which may include language groups that do not yet reach the threshold level LHA’s client population.
Vital documents will continue to be orally interpreted to individuals when the need arises. The LHA hires bilingual staff, and utilizes them as interpreters. As of July, 2008, there were three bilingual staff members who speak Spanish and English. The ability to speak more than one language is and will continue to be an important factor in making staff hiring decisions.
A written notice will be provided to all HCVP participant and waiting list families, notifying them that free assistance is available to limited-English proficient families. The notice will be in English and in Spanish. This will implemented upon Board approval.
Professional translators may also be contracted when needed, to ensure accurate and clearly understandable information is disseminated to the public, i.e., when a wait list lottery is being conducted.
A tag line in Spanish and in English, stating that free interpretation of vital documents is available from the LHA upon request, will appear in the cover letter that accompanies all certification and recertification packets. This will implemented upon Board approval.
It is not the LHA HCVP’s policy to require an individual to hire his or her own interpreter, or use a family member or friend as an interpreter. Utilizing a family member or friend is a decision left to the LEP individual.
The offer of an interpreter and the recipient’s choice will be documented by staff in the computer note screen of the LEP individual. This will implemented upon Board approval.
“I Speak” cards will be utilized at the LHA’s front desk, to encourage LEP individuals to self-identify. This will implemented upon Board approval.
The HCVP telephone menu will offer an option, in Spanish, for a person to leave their name and number if they require assistance in Spanish. The call will be returned by one of the LHA’s bilingual staff.
Correspondence received in languages other than English will be referred to the Housing Coordinator for translation and response. The Housing Coordinator will provide assistance in procuring outside resources, if requested.
In-person contacts by individuals speaking a language other than English will be referred to bilingual staff for assistance. If the person speaks a language other than English or Spanish, a request will be made by the staff person to the Housing Coordinator to utilize an interpreting service.
Bilingual staff may appear at community events throughout the year as the opportunities arise.
STAFF TRAINING
The LHA will provide training to LHA staff on limited-English proficiency, including its definition, sensitivity to limited-English proficient families, effectively serving limited-English proficient families, what the regulations require with regard to limited-English proficiency, and what LHA policies and procedures require.
ACCESS TO LEP SERVICES
The LHA HCVP LEP Plan will be made available to the public via the LHA web page by as soon as approved by the Board.The plan will be posted in English with interpretation of the document upon request. A tag line stating such interpretation is available will be posted in English and in Spanish.
COMPLAINTS AND COMMENTS
Complaints and comments regarding the LHA LEP services will be forwarded to a senior manager. As of July 2008, we have had no complaints or grievances concerning LEP services.
LHA may seek assistance and advice from the Spanish speaking community, in providing services that meet the need of Hispanic families who are limited-English proficient.
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