|
Click for answers
Question about a sample promissory note
|
The following is an email from a DHN member.From: The Home Farms [mailto:homefarm@voyager.net] ?Sent: Thursday, January 24, 2008 10:56 AM?To: stevefarrell@disabilityhousingnetwork.org; Sommer, John?Subject: Question
Question regarding first position and/or second position mortgage for grant money:
The grant agreement for housing funds from the state requires there be a promissory note for the legal interest which the Co. Bd. maintains in a house owned by a housing corp.
We had failed to do this several years ago. We have talked to our local attorney to write said first or second position mortgage. I am thinking it would be helpful to him to have a sample PLEASE!
Can either of you help with this?
Thanks.
bev brubaker
Preble Co. Developmental Training Center, Inc.
|
|
Click for answers
Report on housing needs among adults with disabilities released: The Hidden Housing Crisis from the Consortium for Citizens with Disabilities
|
Technical Assistance Collaborative Newsletter
March 5, 2008
(THIS REPORT IS AVAILABLE ON THE DHN MEMBER RESOURCES PAGE)
New Study Finds Disabled Housing Needs Twice as High as HUD Estimates
The Consortium for Citizens with Disabilities (CCD) Housing Task Force has released the results of a new study that estimates that 1.2-1.4 million very low income non-elderly disabled households without children had worst case housing needs in 2005. This range is more than twice the U.S. Department of Housing and Urban Development's estimate of 542,000 non-elderly disabled households published in HUD's most recent worst case housing needs report to Congress, Affordable Housing Needs 2005 (May 2007)
The CCD Housing Task Force study - The Hidden Housing Crisis: Worst Case Housing Needs Among Non-Elderly Adults With Disabilities - analyzed data on the housing of persons with disabilities from the 2005 American Community Survey to estimate worst case needs among non-elderly adult renters with disabilities. Worst case needs, a concept designed to count the number of renters with acute needs for rental housing assistance, are defined as unassisted renters with income below half of their area's median family income who either pay more than half of their income for housing or live in severely substandard housing.
In a joint statement, the CCD Housing Task Force Co-Chairs (Andrew Sperling, National Alliance on Mental Illness; Liz Savage, The ARC/United Cerebral Palsy; and Kathleen McGinley, National Disability Rights Network) said: "The Hidden Housing Crisis study reveals what disability advocates have long known - that HUD's recent estimates vastly understate the extent of the acute housing crisis among very low income people with disabilities. HUD's Worst Case reports acknowledge that American Housing Survey data - the source of HUD's estimates of worst case housing needs among all household types, including elderly households, families with children, disabled households and other renters - are imperfect for assessing the housing needs of people with disabilities. In the past, several HUD reports attempted to correct for the known undercount of AHS data, but the two most recent reports omitted this essential adjustment. The CCD would like to thank NLIHC for the technical support they provided to make this more complete and accurate estimate possible."
The study was conducted for the CCD Housing Task Force by Dr. Kathryn P. Nelson, who was the principal author of HUD's first eight reports to Congress on Worst Case needs. In addition to improving estimates of worst case needs among non-elderly households with disabilities without children, the study found that 0.9-1.0 million families with children with worst case needs in 2005 had non-elderly adults with disabilities in the household. Thus, overall, the study finds that almost half of the nation's 4.7 million non-elderly households with worst case needs include adults with disabilities. The remaining 1.3 million worst case households have elderly heads or spouses.
Mr. Sperling noted: "This extremely important study, which was funded by the Melville Charitable Trust, does provide a more accurate estimate of worst case housing needs among non-elderly renters with disabilities in 2005. However, because of the definition of worse case needs and the lack of data on the homeless, the study does not include the needs of people with disabilities who are not currently in rental housing, such as people who remain unnecessarily in institutions and nursing homes, or who are homeless. As a result, the total need for housing among the lowest income people with disabilities is likely to be more than double the estimates developed in this new study. The CCD Housing Task Force plans to publish a more comprehensive study later this year that incorporates the needs of very low income non-renters with disabilities as well, including disabled adults now living with elderly parents."
Over the last several months, CCD has been working with HUD to update numbers of persons with disabilities having worst case needs. CCD recommended that HUD use the two more complete AHS proxies developed in this study to better estimate worst case needs for non-elderly renters with disabilities, both those in families with children and those in households without children. The results of this study also underscore the importance of adjusting AHS estimates to reflect the best available national data on the number of persons with disabilities. More information about this study, including the assumptions and adjustments made to estimate worst case needs from the ACS and other national data sets, is available at www.tacinc.org.
|
|
Click for answers
HUD and DOJ Guidance Reinforces Right to Home Modification
|
US Department of Housing and Urban Development and Department of Justice Guidance Reinforces Right to Home Modification
WASHINGTON, DC (April 1, 2008) - New guidance recently released by the Department of Housing and Urban Development (HUD) and the Department of Justice (DOJ) reinforces the right of persons with disabilities to make "reasonable modifications" to their dwellings if a structural change to their dwelling or to a common area of the building or complex in which they live is needed so that they can fully enjoy the premises. The guidance is designed to help housing providers and homeowners' associations better understand their obligations and help persons with disabilities better understand their rights regarding the "reasonable modifications" provision of the federal Fair Housing Act (FHA).
The guidance emphasizes that one type of discrimination prohibited by the FHA is the refusal by housing providers or homeowner associations to permit a reasonable structural alteration of existing premises, occupied or to be occupied by a person with a disability, when the modification may be necessary to afford the person full enjoyment of the premises. The guidance makes clear that, although the housing provider or homeowner association must permit the modification, the tenant or prospective tenant is responsible for paying the cost of the modification. Examples of reasonable modifications include widening doorways to make rooms more accessible to persons who use wheelchairs or installing a ramp to provide access to a public or common use area, such as a clubhouse.
The new guidelines, issued in the form of questions and answers, cover such topics as:
* What is a reasonable modification?
* Who must comply with the reasonable modification requirement?
* Who is responsible for expenses associated with the upkeep or maintenance of a reasonable modification?
* When and how should an individual request permission to make a modification?
* What types of documents and assurances may a housing provider require regarding the modification before granting the modification?
* What procedures are available to a person wishing to challenge a denial of a requested modification?
For more information, the guidelines are available online at both www.usdoj.gov/fairhousing and www.hud.gov/offices/fheo/disabilities.
W Design & Technology © 2007 by the Disability Housing Network
Steve Farrell
Disability Housing Network
SteveFarrell@DisabilityHousingNetwork.org
|
|
Click for answers
HUD Notice Should Ease Voucher Use for Individuals with Disabilities
|
HUD NOTICE SHOULD EASE VOUCHER USE FOR INDIVIDUALS WITH DISABILITIES
The Department of Housing and Urban Development (HUD) has issued a new Notice entitled "Requests for Exception Payment Standards for Persons with Disability as a Reasonable Accommodation." The purpose of the notice is to facilitate the process for review and approval of special payment standards under the Housing Choice Voucher program as a reasonable accommodation for a family with a person with disabilities. It clarifies the calculation of the payment standard and the type of supporting documentation that should be included in the waiver request.
HUD emphasizes that increased payments for vouchers for persons with disabilities to use with accessible units are a "reasonable accommodation" under Section 504 of the Rehabilitation Act. By recognizing that increased payments are often necessary to achieve equal access and equal opportunity in using vouchers, and therefore are a civil rights issue, the notice indicates to Housing Authorities that they must use their authority to increase such voucher payments up to 110% of the Fair Market Rent (FMR) or risk a discrimination lawsuit.
To increase the voucher from 110% up to 120% of the FMR, the Housing Authority (HA) must request permission form the HUD Field Office, and to increase the voucher above 120% the HA must request permission from HUD's national headquarters. In the past, this process has proven so cumbersome that units have become unavailable before permission has been granted. In an attempt to rectify this, the Notice also provides the fax number and e-mail address of a specific person in the national HUD office who can process requests for voucher payments exceeding 120% of the FMR.
The Notice provides an example of the calculation process which should be followed and lists the types of documentation that should be provided. These changes potentially will facilitate the equal opportunity for persons with disabilities to use vouchers in accessible units.
For more information, the Notice is available online at www.hud.gov/offices/adm/hudclips/notices/pih/08-13PIHN.doc.
Steve Farrell
Disability Housing Network
SteveFarrell@DisabilityHousingNetwork.org
|
|
Click for answers
ODMRDD Notice of Public Hearing - Community Assistance Funds for Home Purchase and Acquisition
|
DHN Members and Supporters -
Below is a notice of a public hearing from ODMRDD. This public hearing is regarding "a process to allow ODMRDD to make available community assistance funds to assist county boards of mental retardation and developmental disabilities to acquire housing for individuals receiving supported living or individuals receiving supported living under a home and community-based services waiver."
____________________________
NOTICE OF PUBLIC HEARING
The Ohio Department of Mental Retardation and Developmental Disabilities (ODMRDD) hereby gives notice of its intent to rescind and adopt the below-listed rules under Chapter 5123:1-1 of the Administrative Code on a permanent basis on or about July 20, 2008, and to conduct a public hearing thereon.
Rule 5123:1-1-03 entitled "Distribution of Community Assistance Funds for Purchase of Housing" is being proposed for rescission and replacement by a new rule of the same number.
Rule 5123:1-1-03 entitled "Distribution of Community Assistance Funds for the Acquisition of Housing" is a new rule being proposed for adoption. The rule sets forth a process to allow ODMRDD to make available community assistance funds to assist county boards of mental retardation and developmental disabilities to acquire housing for individuals receiving supported living or individuals receiving supported living under a home and community-based services waiver.
A public hearing on the proposed rules will be held on June 12, 2008, beginning at 10:00 a.m., and continuing until all persons in attendance have had an opportunity to testify. The hearing will be held in the large conference room of the Department's Administrative Offices Building located at 1810 Sullivant Avenue, Columbus, Ohio 43223-1239. At this hearing, the Department will accept verbal and/or written testimony on the proposed rules under consideration.
Persons unable to attend the public hearing may submit written comments on the proposed rules. Any written comments received on or before the public hearing date will be treated as testimony and made available for public review. Submittal of written comments may be made to Becky Phillips, Administrative Rules Coordinator, by e-mail to becky.phillips@dmr.state.oh.us; by fax to 614/752-8551; or by mail to 30 East Broad Street, 12th Floor, Columbus, Ohio 43215-3414.
The proposed rules are available on the Register of Ohio website at: http://registerofohio.state.oh.us and on the Department's website at: http://mrdd.ohio.gov/rules/development.htm.
The proposed rules are also available for review at each local county board of mental retardation and developmental disabilities.
____________________________
For your convenience, PDF versions of the following documents have also been uploaded to the DHN Membership Resources website in the “ODMRDD and other State Agency news” folder:
• Rule 5123:1-1-03 (proposed for rescission)
• Rule 5123:1-1-03 (proposed new rule)
The proposed new rule is also attached to this email.
Steve Farrell
Disability Housing Network
SteveFarrell@DisabilityHousingNetwork.org
|
|
Click for answers
Pet policies?
|
Dave Wheatley of Madison Community Housing has the following question. Please reply to me or post to the listserv.
____________
Hi Steve,
Were you able to find any sample pet policy info from other housing boards?
I am in process of updating rental agreements and would like to include a "pet policy" with the agreement. any info would be appreciated.
Thanks,
Dave Wheatley
Steve Farrell
Disability Housing Network
SteveFarrell@DisabilityHousingNetwork.org
|
|
Click for answers
Pet policies
|
DHN Membership -
You will see attached to this email a sample pet policy from our friends in Delaware County.
Mike Corbett of Delaware Creative Housing also posted other pet-related documents on the "Member Resources" page under "Leases and Tenant Information".
Thanks for the question Dave, and thanks for the material Mike.
Steve
Steve Farrell
Disability Housing Network
SteveFarrell@DisabilityHousingNetwork.org
|
|
Click for answers
Snow removal policies
|
Janice Novotni of Fairfield County had this following question. Feel free to respond to my email address and I will forward to the entire listserv.
______________
Steve,
I have a request. Could you ask other housing members how they handle their snow removal. I am looking in particular for how many of inches before they remove (ex. 1 1/2" or 2") and do they provide each home with a snow shovel and salt for the providers to use if it is less? Any other information would be greatly appreciated.
Have a great day,
Janice Novotni
Fairfield Affordable Housing, Inc.
Steve Farrell
Disability Housing Network
SteveFarrell@DisabilityHousingNetwork.org
|
|
|