SECTION 504 AND THE ELDERLY

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SECTION 504 AND THE ELDERLY
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SYNOPSIS OF 504 AND LAWS

• FAIR HOUSING
• REASONABLE ACCOMODATIONS
• ADA NEW PROVISIONS APPLICABLE. BASICALLY
  EVERYTHING QUALIFIES
• CANT DISCRIMINATE
• MUST DEAL WITH DISABILITIES

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PHA CLIENTS

• MANY ARE BECOMING ELDERLY
• THEY HAVE SAME PROBLEMS
• MAY NOT BE ABLE TO RECOGNIZE THEM AND ASK FOR
  ASSISTANCE
• MANAGEMENT MUST TAKE PROACTIVE STEPS
• KNOW YOUR TENANTS
• DONT WAIT TO TRY TO OFFER ASSISTANCE

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COMMON AREAS OF CONCERN

• DEMENTIA
• DISORIENTATION
• FORGETFULNESS
• ABILITY TO UNDERSTAND AND COMPREHEND
• SOCIAL SERVICE ASSISTANCE
• HEARING
• SIGHT

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MORE COMMON PROBLEMS

• MOBILITY
• CARE GIVERS (INCLUDING LIVE-IN AIDES)
• SAFETY ISSUES FIRES, ABILITY TO SUMMON HELP
• ABILITY TO GET TO THE OFFICE
• MEDICATION ISSUES

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MORE EXAMPLES

• HEALTH CONDITIONS AFFECTING ELDERLY
• WALKING, MANUAL TASKS, LEARNING, COMMUNICATING,
  BREATHING, EATING, WASHING AND DRESSING
• TAKING CARE OF ONES AFFAIRS
• PAYING BILLS, MANAGING FINANCIAL MATTERS
• UNDERSTANDING RULES AND REGULATIONS

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ARE THESE DISABILITIES?

• ANY OF THESE COULD BECOME A DISABILITY COVERED
  UNDER THE ACT.
• ANY OF THEM COULD AFFECT SAFETY OF THE RESIDENTS,
  AND OTHERS
• REASONABLE ACCOMODATIONS MAY BE NECESSARY IN MOST
  CASES

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DETERMINING SPECIAL NEEDS

• DONT ASK
• HEALTH OR MEDICATIONS
• LIVE INDEPENDENTLY?
• NEED HELP WITH DAILY ACTIVITIES
• USE TOILET BY SELF
• GET IN AND OUT OF BED BY SELF

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CANT REQUIRE

• PHYSICAL EXAMINATION
• PRODUCTION OF MEDICAL RECORDS
• EVALUATION BY STAFF
• SIGNING MEDICAL RELEASE
• MENTAL TESTS COUNTING BACKWARDS, ETC

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EXCEPTION

• IF HOUSING ONLY FOR DISABLED
• IF HOUSING HAS A PREFERENCE
• ASK QUESTIONS ONLY ABOUT THOSE SPECIFIC AREAS.

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YOU CAN ASK

• CAN YOU ABIDE BY LEASE AND MAKE PAYMENTS
• REFERENCES
• KEEP HOME CLEAN?
• CRIMINAL RECORDS
• DIRECT THREAT TO SAFETY OF OTHERS?
• AGE IF HOUSING FOR ELDERLY AND NEAR ELDERLY

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REMEMBER

• YOU CAN AND SHOULD ASK THE PRECEDING QUESTIONS OF
  ALL APPLICANTS
• THE PERSON (APPLICANT OR TENANT) MUST BE CAPABLE
  OF UNDERSTANDING WHAT YOU ARE TALKING ABOUT
• LISTEN AND OBSERVE
• ASK IF THEY NEED ANY SPECIAL ACCOMODATIONS TO
  MAKE THEM SUCCESSFUL TENANT
• REMIND THEM ABOUT NOTIFYING YOU OF ANY SPECIAL
  NEEDS AND YOUR PROCESS OF EVALUATING NEEDS
  REQUESTS

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RESIDENT ISSUES

• CANNOT EVICT BECAUSE RESIDENT DEVELOPS A
  DISABILITY SO LONG AS THEY CAN COMPLY WITH THE
  LEASE AND TERMS OF TENANCY
• MOVING TO ACCESSIBLE UNIT
• RESIDENT SHOULD REQUEST
• PROCESS REQUEST
• FOLLOW YOUR POLICIES

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TENANT REQUIREMENTS

• DISABILITY DOES NOT EXCUSE LEASE VIOLATIONS
• RENT PAYMENTS, CHARGES WHEN DUE, NOTIFYING OFFICE
  OF CHANGES
• MAINTAINING CLEANLINESS
• NOT VIOLATE LEASE, DISTURBING PEACE
• DAMAGE TO PREMISES
• NOISE RESTRICTIONS
• PET RESTRICTIONS

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ASSISTANCE ANIMALS

• ASSISTANCE ANIMAL IS NOT A PET
• HAVE SEPARATE ASSISTANCE ANIMAL POLICY
• STILL HAVE TO MAINTAIN SANITATION
• PHA CAN HAVE SOME RESTRICTIONS
• FOLLOW THE LAW IN VERIFICATION
• NEW TREND IS COMFORT ANIMALS

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504 AND ADA ISSUES

• RENT PAYMENT MAYBE MID MONTH NOTICE, GOING TO
  APARTMENT TO COLLECT RENT
• FIRES IN KITCHEN MICROWAVE, AUTOMATIC SHUT OFF.
  (DONT WAIT UNTIL THEY REQUEST THIS ONE!!!!!)
• BAD HOUSEKEEPING SUGGEST ASSISTANCE CARE GIVER,
  MORE VISITS, SOCIAL AGENCY ASSISTANCE

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OTHER REQUESTS

• SPECIAL PARKING
• ACCESS RAMPS MUST COMPLY WITH STANDARDS
• VISITORS STAYING IN EXCESS OF LEASE PROVISIONS
• TENANT SUPPLIED IMPROVEMENTS

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REASONABLE ACCOMODATIONS

• MUST BE REQUESTED BY THE TENANT
• WITHOUT REQUEST, YOU DO NOT HAVE TO PROVIDE
• BUT BE AWARE OF SAFETY CONCERNS
• MAY BE REQUESTED EVEN THROUGH THE EVICTION
  PROCESS
• CANNOT ENFORCE USING YOUR FORM
• BE SURE THE FORM DOES NOT VIOLATE THE LAW

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MORE ACCOMODATIONS

• ASK RESIDENT TO SPECIFY THE ACCOMODATION NEEDED
  ON THE FORM
• THE ACCOMODATION MUST BE RELEVANT TO THE
  DISABILITY PARKING NEAR BUILDING FOR A HEARING
  IMPAIRED PERSON
• LARGE PRINT LEASE FOR SIGHT IMPAIRED
• VISITOR NOTIFICATION FOR HEARING IMPAIRED

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VERIFICATION OF DISABILITY

• YOUR OWN OBSERVATIONS
• DOCTORS NOTE NOT FORGERY!!
• RELEVANT CENTRAL AIR VS. WINDOW UNIT
• THIRD PARTY WHO KNOWS INDIVIDUAL
• PERSON OR FAMILY MEMBER

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IF NOT OBVIOUS

• REQUEST FOR PET/ASSISTANCE ANIMAL MAY ASK FOR
  VERIFICATION THAT THERE IS A DISABILITY. IF NOT
  WOULD BE A PET.
• ASK FOR INFORMATION TO SHOW THE NEED FOR A
  DISABILITY-RELATED ANIMAL.

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MAKING CHANGES OR DENYING

• UP TO PHA AFTER ASSESSMENT
• MINOR COSTS SHOULD NOT BE AN ISSUE
• STAFF TIME TO PROCESS IS NOT AN ISSUE
• CANNOT REQUIRE A FUNDAMENTAL CHANGE IN YOUR
  OPERATIONS TRANSPORTATION TO DOCTOR, DRUG
  STORE, ETC., UNLESS PROVIDED TO OTHERS
• ALTERATIONS TO UNIT COSTS

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BUT OFFER ALTERNATIVES

• CARE GIVER
• LIVE IN AIDE
• CONTACTING SOCIAL SERVICE AGENCIES
• SUGGEST VOLUNTEER AGENCIES ASSISTANCE

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CONCLUSION

• EDUCATE YOURSEL AND STAFF ON NEEDS OF ELDERLY
• REMEMBER THEY MAY NOT ALWAYS BE CAPABLE OF
  DETERMINING THEY NEED AN ACCOMODATION
• ACCOMODATIONS MAY BE NECESSARY TO MAINTAIN SAFETY
  OF TENANT AND OTHER TENANTS

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AND FINALLY

• STRESS UPON TENANTS YOUR POLICY FOR REQUESTING
  ASSISTANCE
• TREAT ALL TENANTS THE SAME
• DO NOT DELAY IN ANSWERING OR ADDRESSING THEIR
  REQUEST
• ASK QUESTIONS FROM ATTORNEY OR HUD IF YOU HAVE A
  BORDERLINE ISSUE COSTS, CHARGES, ETC.