Where to Turn... Your Guide to Federal Disability Policies and Programs Authors Patrice Drew, Esq. Cathy Ficker Terrill Anne C. Parrette, Esq. Project Coordinator Janna Starr Editors Larry H. Hoffer Lisa Ward Monique Marino Brain Injury Association US Department of Health and Human Services HRSA Health Resources and Services Administration Maternal and Child Health Bureau Disclaimer The Brain Injury Association shall not be held liable for content changes made by unauthorized parties, including but not limited to: alterations of text, images or other information within Where to Turn: Your Guide to Federal Disability Policies and Programs (the Guide.) The Guide contains general information. It is not an authoritative legal document, nor shall it be construed as legal advice. The Guide shall not be relied upon as a legal authority for acting or refusing to act. The information contained in the Guide may change as Federal polices and programs are amended periodically. The Brain Injury Association is not responsible for notifying the Public of these changes. Housing Assistance Options for Individuals with Disabilities What kind of housing assistance is available to persons with disabilities? In most communities, there are three basic kinds of housing assistance available: Public Housing, a low-income housing program operated by your local housing authority "Section 8 housing" in which the housing authority gives you a certificate or voucher that says that the government will subsidize your rent payments under this program and help you locate your own housing Privately owned subsidized housing, in which the government provides subsidies directly to the owner or landlord, who then applies these subsidies to the rents he/she charges low-income tenants What is a Public Housing Authority? A Public Housing Authority (PHA) is a local government agency that develops and coordinates housing assistance for individuals in need. What is the difference between Public Housing and Section 8 Certificates/Vouchers? Public Housing is development-based assistance. This means that the housing assistance is "attached" to a specific housing development, owned and managed by a PHA. When a vacancy occurs in that development, the PHA offers you the apartment. If you accept, you agree to live in that apartment in that public housing development. As long as you live in the apartment, you should receive the benefit of rental assistance. If you move out of the development, the assistance "stays" with the apartment, and the next family to move in will receive the assistance. Section 8 Certificates and Vouchers are tenant-based assistance. This means that assistance is "attached" to you and your family, in the form of a certificate or voucher issued to you by the PHA. With the certificate or voucher, you find rental housing on the private housing market and the PHA agrees to assist you with your rent in that house or apartment. The housing must meet certain basic quality standards, the rent must be reasonable and the owner must be willing to participate in the Section 8 program. When you leave that housing, you can take the assistance with you to a different house or apartment on the private market, and receive assistance there. What is "Public Housing"? Public housing was established to provide decent and safe rental housing for eligible low-income families, the elderly and persons with disabilities. Public housing comes in all sizes and types, from scattered single family houses to high-rise apartments for elderly families. There are approximately 1.3 million households living in public housing units, managed by some 3,300 PHAs. The U.S. Department of Housing and Urban Development (HUD) administers Federal aid to local housing agencies that manage the housing for low-income residents at rents they can afford. HUD furnishes technical and professional assistance in planning, developing and managing these developments. Am I eligible for Public Housing? Public housing is limited to low-income families and individuals. A PHA determines your eligibility based on: 1) annual gross income; 2) whether you qualify as elderly, a person with a disability or as a family; and 3) U.S. citizenship or eligible immigration status. If you are eligible, the PHA will check your references to make sure you and your family will be good tenants. PHAs will deny admission to any applicant whose habits and practices may be expected to have a detrimental effect on other tenants or the project's environment. PHAs use income limits developed by HUD. HUD sets the lower income limits at 80% and very low income limits at 50% of the median income for the county or metropolitan area in which you choose to live. Income limits vary from area to area so you may be eligible at one PHA but not at another. The PHA service in your community can provide you with the income levels for your area and family size, or you also can find the income limits on the internet at www.huduser.org. How do I apply for Public Housing? If you are interested in applying for public housing, contact your local PHA. If you have trouble contacting the PHA, contact the local HUD Field Office. How does the application process work? The application must be written. Either you or the PHA representative will fill it out. A PHA usually needs to collect the following information to determine eligibility: 1. Names of all persons who would be living in the unit, their sex, date of birth and relationship to the family head; 2. Your present address and telephone number; 3. Family characteristics (e.g., veteran) or circumstances (e.g., living in substandard housing) that might qualify the family for tenant selection preferences; 4. Names and addresses of your current and previous landlords for information about you or your family's suitability as a tenant; 5. An estimate of your family's anticipated income for the next 12 months and the sources of that income; 6. The names and addresses of employers, banks and any other information the PHA would need to verify your income and deductions, as well as the family composition; and 7. The PHA also may visit you in your home to interview you and your family members to see how you manage the upkeep of your current home. After obtaining this information, the PHA representative should describe the public housing program and its requirements, and answer any questions you might have. Will I need to produce any documentation? Yes. The PHA representative will request whatever documentation is needed (e.g., birth certificates, tax returns) to verify the information given on your application. The PHA also will rely on direct verification from your employer, etc. You will be asked to sign a form to authorize release of pertinent information to the PHA. When will I be notified? A PHA has to provide written notification. If the PHA determines that you are eligible, your name will be put on a waiting list, unless the PHA is able to assist you immediately. Once your name is reached on the waiting list, the PHA will contact you. If it is determined that you are ineligible, the PHA must say why and, if you wish, you can request an informal hearing. Will I have to sign a lease? If you are offered a house or apartment and accept it, you will have to sign a lease with the PHA. You may have to give the PHA a security deposit. You and the PHA representative should go over the lease together. This will give you a better understanding of your responsibilities as a tenant and the PHA's responsibilities as a landlord. Are there any selection preferences? Sometimes there are. Giving preference to specific groups of families enables a PHA to direct their limited housing resources to the families with the greatest housing needs. Since the demand for housing assistance often exceeds the limited resources available to HUD and the local PHAs, long waiting periods are common. In fact, a PHA may close its waiting list when there are more families on the list than can be assisted in the near future. Each PHA has the discretion to establish preferences to reflect needs in its own community. These preferences will be included in the PHA's written policy manual. You should ask what preferences they honor so you will know whether you qualify for a preference. How is rent determined? Your rent, Total Tenant Payment (TTP), is based on your family's anticipated gross annual income, less deductions, if any. HUD regulations allow PHAs to exclude from annual income the following allowances: $480 for each dependent; $400 for any elderly family members, or a person with a disability; and some medical deductions for families headed by an elderly person or a person with disabilities. Based on your application, the PHA representative will determine if any of the allowable deductions should be subtracted from your annual income. Annual income is the anticipated total income from all sources received from the family head, spouse and each additional family member over the age of 18. The formula used in determining the TTP is the highest of the following, rounded to the nearest dollar: 30 percent of the monthly adjusted income. (Monthly Adjusted Income is annual income less deductions allowed by the regulations) 10 percent of monthly income Welfare rent, if applicable or A $25 minimum rent or higher amount (up to $50) set by a PHA What is the role of the PHA? A PHA is responsible for the management and operation of its local public housing program. They also may operate other types of housing programs. Your PHA will: Ensure compliance with leases Set other charges (e.g., security deposit, excess utility consumption and damages to unit) Transfer families from one unit to another in order to correct over/under crowding Repair or renovate a dwelling Terminate leases when necessary Maintain the development in a decent, safe and sanitary condition How long can I stay in public housing? In general, you may stay in public housing as long as you comply with the lease. If, at reexamination, your family's income is sufficient to obtain housing on the private market, the PHA may determine whether your family should stay in public housing. You will not be required to move unless there is affordable housing available for you on the private market. What is "Section 8" Housing? Section 8 Certificates and Vouchers are tenant-based assistance. This means that assistance is "attached" to you and your family, in the form of a certificate or voucher issued to you by the PHA. With the certificate or voucher, you find rental housing on the private housing market and the PHA agrees to assist you with your rent in that house or apartment. The housing must meet certain basic quality standards, the rent must be reasonable, and the owner must be willing to participate in the Section. 8 program. When you leave that housing, you can take the assistance with you to a different house or apartment on the private market, and receive assistance there. How do I apply for Section 8 assistance? The Public Housing program and the Section 8 Certificate/Voucher programs are administered by local Public Housing Agencies (PHAs). Because PHAs are responsible for all aspects of day-to-day management of these programs, including accepting and processing applications, you must apply directly to the PHA in the jurisdiction (usually a city or county) in which you wish to live. All PHAs handle the application and intake process differently. When you contact the PHA, they can provide information on how, where and when to apply, as well as information on waiting lists and available housing. See Appendix B for a list of Public Housing Agencies. Am I eligible for Section 8 assistance? Basic eligibility requirements for Public Housing and Section 8 assistance are virtually identical. To be eligible for admission to either program, an applicant must meet two basic criteria: Applicants must qualify as a Family or qualify under certain categories of eligible single individuals. Generally, a Family includes two or more people. Local PHAs have discretion in defining the circumstances where two or more people constitute a family. Eligible categories of single individuals include individuals who are either age 62 or over, disabled or displaced. Applicants' gross annual income must fall below certain Income Limits. Income Limits are established for each locality in the state. Income Limits also vary based on the number of people in the family. There are two Income Limits: "Low" and "Very Low." The "Low" Income Limit is established at 80% of the median income for the area. The "Very Low" Income Limit is established at 50% of the median income for the area. Usually, a family's income must fall below the Low Income Limit to be eligible for public housing. To be eligible for admission to some developments, however, a family's income must fall below the Very Low Income Limit. Is there a list of apartments or complexes that accept Section 8 Certificates or Vouchers? HUD does not maintain a list of all of the private owners, managers and landlords in a jurisdiction who would be willing to lease a unit to a family with a Section 8 Certificate or Voucher. Such a list would be extremely large and very difficult for anyone to create and maintain with accuracy and timeliness. The best source of information on private owners and landlords in any area is the PHA that operates the Section 8 program in that area. Local PHAs are most familiar with private owners and landlords in their jurisdiction, including owners that currently rent to Section 8 families, owners that formerly rented to Section 8 families and owners that don't currently rent to Section 8 families but have expressed an interest. HUD does maintain a listing of privately-owned and managed apartment complexes in the state, where the Section 8 assistance is attached to the apartment complex itself (i.e., "project-based" Section 8). This is similar to Public Housing where the assistance stays with the apartment, not the family, and the family receives the assistance as long as they live in that apartment. I own a house that I'd like to rent out to a family with a Section 8 Certificate or Voucher. How can I do this? Whenever you advertise your house or apartment for rent, whether in the newspaper, in flyers, posters, bulletin boards, etc., you should indicate that you are willing to accept Section 8 families. This easily "flags" your rental unit for any Section 8 family out there who might be looking for a place to rent. You should contact the PHA that operates the Section 8 program in your community and tell them of your willingness to accept Section 8 families. While PHAs cannot "steer" a family to any particular unit, they can inform the family of housing opportunities in the community, including any owners who have expressed an interest. I have a Section 8 Certificate or Voucher. I've looked everywhere and can't find an apartment or house to take my Certificate / Voucher. What can I do? Families with a Section 8 Certificate or Voucher have an initial term of 60 days to find a suitable apartment or house to rent (with an owner willing to take a Section 8 family), and submit a Request for Lease Approval to the PHA. If the Certificate or Voucher is about to "expire," the family may submit a request for an extension to the PHA. The PHA may grant one or more extensions, not to exceed a total of an additional 60 days, if it believes the family may be able to find a suitable apartment or house in that time. Talk to the PHA that issued you the Certificate or Voucher and keep them informed of your efforts, particularly if you're having difficulty. The PHA might be able to help by offering you advice on how to search for a place and where you might look, giving you leads on possible vacancies and landlords willing to rent to Section 8 families, and giving you an extension of your Certificate or Voucher. You also might talk with local social service agencies, public assistance agencies, churches, local real estate agencies or any other local organization with the expertise to help. Don't confine your search to newspaper ads alone. Keep in mind that the ultimate responsibility for finding a place to rent rests with you, the family with the Certificate or Voucher. PHAs and other organizations may be able to help, but they cannot find a place for you. A Certificate or Voucher is a golden opportunity for housing assistance. As long as the Certificate or Voucher is available, you should be diligent, assertive and tireless in your search. More questions about Public Housing and Section 8 Housing Can I be denied housing based on bad credit or a criminal record? In the Public Housing program, a PHA can deny an applicant based on reasonable criteria related to an applicant's potential "suitability" as a tenant. These criteria include, but are not limited to: Past performance in meeting financial obligations (especially rent) History of disturbance of neighbors, destruction of property or living/housekeeping habits that might adversely affect the health, safety and welfare of other tenants A history of criminal activity involving crimes of physical violence to persons or property, and other criminal acts which would adversely affect the health, safety and welfare of other tenants Basically, a PHA is the owner and manager of public housing. Like any other landlord in the community, PHAs screen potential tenants to determine if the family can be expected to fulfill the obligations of the lease reasonably. And, like any other landlord, the PHA is subject to the rights and obligations established in state "landlord/tenant" law. In the Section 8 Certificate and Voucher programs, the PHA is not the "landlord" of the housing, so the PHA does not screen applicants for "suitability" as tenants. The PHA screens the applicant to determine his or her eligibility for housing assistance. When it comes time for the family actually to rent a house or apartment from a private landlord on the private market, this landlord does have the right to screen the family for "suitability." Again, the private landlord is subject to the rights and responsibilities established in state "landlord/tenant" law. There are circumstances, however, where a PHA may deny assistance to a Section 8 applicant family based on the family's history, behavior, actions or inactions. These include, but are not limited to: Violation of a required obligation under the program (such as failing to provide necessary info to the PHA, committing fraud or bribery, receiving duplicate housing assistance under any other program, etc.) Past history of eviction from public housing or termination of Section 8 assistance History of engaging in drug-related criminal activity or violent criminal activity The family owes rent or other amounts to the PHA or to another PHA Abusive or violent behavior toward PHA personnel In all of these and other circumstances, the PHA may consider extenuating circumstances before denying assistance. Your local PHA is the best source of information on program rules and requirements regarding eligibility for assistance. Can I get a priority to get into housing? PHAs have the option under the law to establish a system of preferences for applicant families having certain characteristics. Preferences establish an order of priority for applicant families to be selected from the waiting list. A PHA's system must be based on local housing needs, priorities and objectives, as determined by the PHA. Local housing priorities and objectives may include, for example, giving preference to families who are: currently living in substandard housing; involuntarily displaced from their most recent housing; paying more than 50% of their income for rent in their current housing; or currently homeless It is the option of each individual PHA to decide whether and to what extent a system of preferences will be used when selecting applicants for assistance at that particular PHA. A system of preferences may apply to the Public Housing program only, the Section 8 Certificate and Voucher programs only, or all programs. In addition, a PHA may adopt a different system of preferences for the Public Housing program than the system used (if any) for the Section 8 Certificate and Voucher programs. Because PHAs have this discretion and responsibility, each PHA may take a different approach for its community. There is no one answer. It's important to contact the PHA directly in the area where you wish to live to find out about the specific selection priorities used and whether you might qualify for a priority. I've applied for Public Housing or Section 8 Certificate / Voucher assistance. How long will it take and how do I find out where I am on the waiting list? Local PHAs are responsible for all aspects of day-to-day management of the Public Housing and the Section 8 programs including accepting and processing applications, determining eligibility, managing the waiting list and offering assistance. PHAs also have wide discretion on the type of preferences and priorities they may use in selecting applicants for housing. Only the PHA where you applied for assistance can give you any specific information about your place on its waiting list, your eligibility for housing or any other information about your status. What documentation will I need when I go to apply for Section 8/Public Housing assistance? Each PHA will have different rules about what documentation is required. You can expect to provide some of the following documentation: Picture Identification: Valid picture identification (driver license, military, state, school, etc) for the head of household regardless of age as well as all other persons living in the household who are eighteen (18) years of age or older Social Security: A valid social security card for all persons to be living in the residence who are six (6) years of age or older Current/Previous Landlord: The names and addresses of current/previous landlords for the past five (5) years Citizenship: A visa, alien card, etc. if not a citizen of the U.S. You also may be required to show proof of your income and expenses. Do you have any of the following incomes or expenses? Department of Human Services: Temporary Assistance for Needy Families (TANF), Aid to Disabled (AD), Old Age Assistance (OAA), Aid to the Blind (AB), etc. Make sure you bring your case number/medical card with you. Employment: Bring the name and mailing address of your employer. Unemployment Benefits: Make sure you bring any relevant documentation of the benefits you received during any period of unemployment. Retirement Benefits: (Veterans Administration, Civil Service, railroad company, etc.), bring the claim numbers and mailing address for the source of your benefits. Social Security: For Social Security Supplemental Security Income (SSI), Widows Benefit, Child Benefits, bring current verification of amounts received. Examples of verifications include: bank statement, Social Security award letter, cost of living adjustment notices or SSA-1099 (Social Security benefit statement). Include your Medicare premiums. Bank Accounts: Bring the most recent bank statement for all checking/saving accounts. Interest/Annuities: Bring statements for the last four (4) quarters or a statement from the bank or company from which you are receiving income. This statement must include account number, current balance and amount of interest or percentage rate earned during the past four (4) quarters. If you receive an annuity, provide a letter from the company from which you receive the income stating the current balance and amount paid to you each month. Stock: Bring statements for the year or a letter from the company showing income, number of shares owned and type of stock (common or preferred). Rental Incomes: Bring information on any rental income received. Property: Bring verification of market value for all real estate properties owned. Child Support/Alimony: Bring a letter from the source (Department of Human Services/Child Support Enforcement, mother/father/guardian) verifying the monthly amount. Medical Allowance Information: Bring in bills, reimbursements received and proof of payment for medical expenses during the last twelve (12) months. Child Care Allowance Information: Bring actual childcare expenses for the care of children, including foster children, age 12 and younger. They may be deducted from annual income if requirements are met under the guidelines. Also bring the name and address of the childcare center and/or sitter(s) caring for your child/children. Disability Assistance Allowance: Bring in verification of care being provided for a disabled family member who is over the age of 12. Endnotes U.S. Department of Housing and Urban Development www.hud.gov Consortium for Citizens with Disabilities www.c-c-d.org The Technical Assistance Collaborative, Inc. www.tacinc.org