On Tuesday, the Department of Housing and Urban Development (HUD) issued new guidance to HUD-assisted housing providers on how they can support state and local Olmstead efforts to increase integrated housing opportunities for people with disabilities who are transitioning from, or at risk of entering, institutions or other segregated settings. The Supreme Court case of Olmstead v. L.C. established that individuals with disabilities must be served in the least restrictive, most integrated settings that are appropriate. As states work to comply with the Olmstead ruling, they are working to help transition people out of institutions and into home and community based services (HCBS). HUD notes many of these efforts are impeded by a lack of integrated and affordable housing options for people with disabilities. The guidance issued encourages public housing agencies and other HUD-assisted housing providers to work with state and local governments to better meet the housing needs of their populations.
In addition to providing background on the Olmstead decision as it relates to housing, the guidance also provides frequently asked questions and answers on the integration mandate under section 504 of the Americans with Disabilities Act (ADA). Some areas covered are the definition of integrated and segregated settings, ways HUD may act as a resource for housing providers, discussion of section 811 Project Rental Assistance (PRA) grants and discussion of the Fair Housing Act's (FHA) role in protecting against discrimination on the basis of disability.
For the HUD's press release, click here.