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1. Overcoming Barriers to
Housing People with
Disabilities in the Community
Yasmin Farahi
October 28, 2015

2. Disability Rights NC
• Federally mandated Protection and Advocacy
System
• Protects the rights of people with disabilities
through legally-based advocacy
• 2015 Listening Sessions
– What did we learn?
– What will we do? 2

3. Federal & State Laws
that Apply to Housing & Disability
• Federal Fair Housing Act
• NC Fair Housing Act
• Americans with Disabilities Act (Title II and III)
• N.C. Persons with Disabilities Act
• N.C. Persons with Disabilities Protection Act
• Section 504 of the Rehabilitation Act
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4. Who is a Protected?
People with Disabilities
Persons who have a physical or mental
impairment substantially limiting one or
more major life activities (interpreted
broadly)
– Have a history of such an impairment,
– Regarded as having such an impairment, OR
– Reside/associate with people with disabilities
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5. Who is NOT Protected?
• Persons currently engaged in illegal drug use
• Persons whose tenancy would constitute a
“direct threat” to the health and safety of others
(if the threat could not be mitigated with
accommodation)
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6. Examples of Disabilities
• Visual impairments
• Auditory impairments
• Mobility impairments
• AIDS, HIV
• Substance use disorder (past)
• Mental illness
• Cognitive disability
• Epilepsy
• Traumatic brain injury
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7. What are housing providers’ duties under
state & federal fair housing laws?
• Cannot discriminate in rental, sale, or otherwise
make unavailable or deny housing to a person
because of disability
• Cannot impose different terms, conditions,
privileges, services or facilities
• Must provide reasonable accommodations to
policies and procedures at own expense
• Must allow reasonable modifications at the
tenant’s expense
• Cannot retaliate against an individual for
pursuing his/her rights under these laws
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8. Admissions & Screening
Generally housing providers may not ask
questions about disability, unless an individual is:
1) requesting an accommodation/modification;
2) applying for a housing program designated for
persons with disabilities;
3) applying for a preference or priority for persons
with disabilities; or
4) trying to qualify for an allowance that reduces
rent because of a disability
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9. When can a person with a disability
request an accommodation or
modification?
The need for an
accommodation/modification may arise at
any time:
–When applying for housing or
purchasing housing
–During the tenancy/residency
–To avoid an eviction, foreclosure, or
other action that affects their housing
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10. Reasonable
Accommodations
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11. Reasonable Accommodation
a change, exception, or adjustment,
to a rule, policy, practice or service, that
may be necessary for a person with a
disability to have an equal opportunity to
use and enjoy a dwelling
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12. When must an accommodation
be provided?
• When requested, a housing provider must
provide a reasonable accommodation,
unless the provider can show it will:
–Impose an undue financial or
administrative burden, or
–Result in a “fundamental alteration” in
the service provided. 12

13. Examples of
Reasonable Accommodations
• Accommodating behaviors directly related
to a person’s mental disability
• Providing an assigned parking spot near
the unit of a person with a mobility
disability
• Allowing a variance of a rule about fence
height to accommodate the needs of a
child with autism or an individual with a
service or emotional support animal
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14. More Examples of
Reasonable Accommodations
• Assigning a mailbox to an accessible
location
• Allowing an exemption to a “No Pets”
policy for a tenant with a service or
comfort animal
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15. Animals & Housing
• Service Animal - any animal that is individually
trained to do work or perform tasks for the
benefit of an individual with a disability
• Comfort/Emotional Support Animal – any
animal that provides emotional support, well-
being, or companionship that alleviates the
symptoms of disability; not individually trained
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16. Animals & Housing
Generally, it is reasonable to make an exception to a
“no pet policy” for a tenant/resident that has a service
animal or an emotional support animal because of his
or her disability, unless the specific animal would
create:
• Direct threat to the health or safety of others that
cannot be reduced/eliminated by another reasonable
accommodation.
• Cause substantial physical damage to the property
of others that cannot be reduced/eliminated by
another reasonable accommodation.
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17. Animals & Housing
• Pet deposit must be waived
• Breed, size, and weight limitations may not be
applied
– Requires individualized assessment
– Impact on insurance coverage may provide
defense
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18. Permissible Questions Regarding
Emotional Support Animals
After receiving a request for a reasonable
accommodation for an assistance animal in
housing, housing provider may consider:
• Does the person seeking to use/live with the
animal have a disability?
• Does the person making the request have a
disability-related need for an assistance animal?
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19. Emotional Support Animals
• Housing provider may ask for
documentation of disability-related need for
an assistance animal.
• Documentation can come from a physician,
psychiatrist, social worker, or other mental
health professional.
What are some examples of a disability-
related need for an assistance animal?
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20. Reasonable
Modifications
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21. Reasonable Modifications
• A housing provider must permit, at the expense
of the person with a disability, structural changes
to existing premises occupied by such person, if
the modifications are necessary to allow the
person full enjoyment of the premises
• In publicly-assisted housing which is covered by
Section 504, landlords are often required to
make and pay for physical modifications as a
reasonable accommodation.
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22. Examples of
Reasonable Modifications
• Installing a grab bar in a bathroom
• Widening a doorway
• Installing a wheelchair ramp
• Installing a light switch or thermostat in an
accessible location
• Installing a flashing smoke detector or
doorbell
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23. Making a Request for a Reasonable
Accommodation or Reasonable Modification
1. Make request in writing (not required)
2. Explain disability (must substantially limit major
life activity)
3. Establish that the accommodation or
modification is necessary
4. Explain relationship between disability and
RA/RM
5. Express willingness to provide more
information
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24. Housing People with
Mental Illness in the
Community:
2012 DOJ Agreement
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25. Olmstead v. L.C.,
(U.S. Supreme Court 1999).
• Under ADA, people with disabilities must
be served in most appropriate integrated
setting for their needs
• Generally, community-based setting rather
than institutions
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26. North Carolina
• NC was relying on adult care homes to
house adults with mental illness
• Discovered in monitoring by Disability
Rights NC
• Led to complaint to US Department of
Justice (DOJ)
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27. DOJ Investigation
• In 2011, DOJ came to NC to investigate
based on a complaint filed by Disability
Rights NC that NC was relying on Adult
Care Homes to house adults with Mental
Illness.
• After a thorough investigation, they issued
a letter of findings substantiating the
allegations.
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28. DOJ Settlement
• In 2012, NC Department of Health and
Human Services (DHHS) entered into an
agreement with the DOJ.
• DOJ agreed not to sue North Carolina for its
Olmstead violations (i.e., failure to comply
with the Americans with Disabilities Act in its
treatment and housing of people with serious
mental illness) IF the state implemented a
series of reforms. 28

29. DOJ Settlement (continued)
• NC DHHS implementing agreement
through the Transition to Community
Living Initiative (TCLI)
• Purpose of the settlement and the TCLI is
to make sure that persons with mental
illness are able to live in their
communities in the least restrictive
settings of their choice.
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30. 30
Transition to Community
Living Initiative
People with disabilities living in adult care
homes and state psychiatric hospitals must
receive “in-reach” through Managed Care
Organizations (MCOs) with the goal of
educating them about all community-based
options.

31. Housing
• Housing slots measured under the
settlement are independent, community-
integrated housing with supportive
services.
• NC will provide integrated supported
housing to 3,000 people by 2020
–Milestone: 708 by July 2015 (?)
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32. Eligibility
• Serious Mental Illness/Serious and
Persistent Persistent Mental Illness
• Institutionalization – person is in an adult
care home or state psychiatric hospital
• Wants to live in the community
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33. Overcoming Barriers
Generally landlords may ask questions of
all applicants to determine if someone will
be a good tenant:
–Financial information to gauge ability to
pay rent
–References/past rental history
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34. Overcoming Barriers
• Tenant with a disability may ask for special
consideration as a reasonable
accommodation
• Ask for reasonable accommodation if
disability is closely tied to
– Poor Credit History
– Criminal Record
• Expungement
• Certificate of Relief 34

35. Reminders
• Requests should be made in writing
(recommended, not required)
• Closely tie the poor credit/criminal history and
the accommodation requested to the disability
• Who is not protected?
– Persons currently engaged in illegal drug use
– Persons who are a direct threat to the health
and safety of others if a reasonable
accommodation could not eliminate the threat
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36. Examples
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37. Enforcement
• File an administrative complaint with the
Human Relations Commission or HUD
• within 1 year of the discrimination
• File a civil action in state or federal court
• within 2 years of the discrimination
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38. Contact Information
Disability Rights North Carolina
3724 National Drive
Suite 100
Raleigh, NC 27612
919.856.2195
877.235.4210
888.268.5535 TTY
www.disabilityrightsnc.org
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