ABCD’s Comments on the State Rental Assistance Program (S-RAP)
February 24, 2005
Michael L. Ticktin, Esq. Chief, Legislative Analysis
Department of Community Affairs
P.O. Box 802
Trenton, New Jersey 08625-0802
Dear Mr. Ticktin,
I am writing this letter on behalf of Alliance for the Betterment of Citizens with Disabilities (ABCD) to comment on the proposed new rule for the State Rental Assistance Program. I want to thank you for the hard work that you and your colleagues at the Department have put into crafting the proposed rule for the State Rental Assistance Program. We appreciate that you have taken seriously the need many individuals with disabilities have for affordable and accessible housing. Reducing the share of rent for families with a disabled head of the household to 25 percent of their adjusted annual income and including an income deduction of $400 for families with a disabled head of the household are two aspects of this program that will greatly benefit individuals with disabilities and their families throughout New Jersey. These two aspects of the State Rental Assistance Program are important steps toward the State of New Jersey addressing the housing crisis that exists within the disability community.
ABCD is a statewide advocacy organization comprised of 13 member agencies that provide an array of community based services to more than 8,000 people with multiple physical and developmental disabilities and their families. Most of the people served by these agencies are medically complex, have ambulation issues, and require frequent monitoring and assistance with their daily needs. A significant number of these individuals have swallowing and/or seizure disorders. A primary goal of ABCD’s member agencies is to serve their consumers in the most intregrated setting appropriate to their needs. Affordable and accessible housing is foundational to sucessfully accomplishing this goal. The State Rental Assistance Program will be an important element in providing services to individuals with disabilities in their own communities.
The following comments have been drafted in the spirit of cooperation that is developing between New Jersey’s disability community and the Department of Community Affairs (DCA) to address the housing needs of individuals with disabilities. We believe our comments highlight changes that can be made to the existing rules to strengthen the State Rental Assistance Program’s ability to effectively serve New Jersey’s citizens with disabilities and their families.
As outlined in the statue 30 percent of the vouchers must be set-aside for the elderly population. The rest of the set-asides detailed in the proposed rule are not required by the statute but are clearly aimed at populations who are in dire need of rental assistance. We were surprised to learn that none of the approximately 800 vouchers that will be available annually would be specifically set-aside for individuals with disabilities. We are concerned that DCA officials may not be fully aware of the severity of the housing needs of individuals with disabilities who live in New Jersey or that they might be under the impression that individuals with disabilities are adequately served by the already existing preferences. Many people with disabilities are elderly, homeless, or are already on DCA’s existing Housing Choice Voucher Program waiting list. But the majority of individuals with disabilities with housing needs in New Jersey do not fit into these categories.
There are several important reasons to provide a set-aside preference for those individuals with disabilities who are not members of the already existing preference groups. On an economic basis, many individuals with disabilities major or sole source of income is Supplementary Security Income (SSI). In New Jersey, SSI is $595 per month while the fair market rent for a one-bedroom unit is $905 a month. Many of these citizens are between the age of 18 and 64 and either live at home with aging parents or are forced to live in institutions. Secondly, concerning individual rights, recent investigations by the Civil Rights Division of the US Justice Department found that both Woodbridge and New Lisbon Developmental Centers had violated the civil rights of its residents by not moving those eligible to more integrated and community-based housing. Finally, in order to address discrimination by Public Housing Authorities in their vouchers policies, the federal government in 1992 set aside 50,000 vouchers (known as Frelinghuysen vouchers) for individuals with disabilities in the federal UD program. Including a preference for people with disabilities could help New Jersey address the economic and discriminatory realities that do and possibly could negatively impact the ability of individuals with disabilities with very low income to acquire safe, affordable, and accessible housing in their own communities.
Length of Voucher Assistance: (Subchapter 2, 5:42 – 2.6)
As the rules are now written only individuals over the age of 65 can keep their voucher for an unlimited amount of time. All other voucher recipients seem to be restricted to a five year limit. ABCD believes that individuals with disabilities should be afforded the same security concerning housing that are afforded senior citizens. As mentioned previously, many individuals with disabilities have extremely limited incomes and because of that fact are denied opportunities for housing in integrated community settings. Many individuals with disabilities also have permanent conditions that limit their ability to find and hold a full-time job. Finally, numerous individuals with disabilities confront the ugly realities of discrimination when it comes to receiving accommodations for their needs in the workplace. A permanent voucher would help address these limitations and expand the opportunities individuals with disabilities have to be more active and productive members of their community.
The members of ABCD are extremely encouraged that DCA has included a Project-Based Voucher Program in the State Rental Assistance Program. Such a provision shows that DCA officials understand that the amount of affordable and accessible housing units in New Jersey does not meet the housing needs of New Jersey’s citizens. As the proposed rule outlines, the Project-Based voucher program will be targeted towards “… the working poor, Special Needs and DYFS households earning up to 40% of county median income, and elderly households.” ABCD would like the Department to clarify what special needs populations will be served and if the Project-Based Vouchers will be distributed by a percentage break down among the aforementioned groups. The members of ABCD strongly urge that individuals with intellectual and/or physical disabilities be included in the individuals with special needs targeted by the Project-Based Voucher Program.
Ensuring Accessibility
Many individuals with disabilities struggle not only to find affordable housing but housing that can also accommodate their physical and sensory needs. ABCD’s members were concerned not to see any specific mention of accessibility safeguards within the State Rental Assistance Program’s outlined structure. We would like the Project-Based Voucher Program to adopt regulations similar to HUD’s Project-Based Program which requires at least 5 percent of the units to be physically accessible and 2 percent of the units to be designed to accommodate sensory impairments. ABCD encourages DCA to link the rental assistance program with the New Jersey Housing Resource Center, which should be online by April or May of this year. This would allow participants to more easily find affordable and accessible housing. The Housing Resource Center could also serve as a mechanism through which DCA could monitor landlords to verify they are fulfilling New Jersey’s accessibility requirements. Finally, during a recent meeting with Commissioner Bass Levin an ABCD representative was told that DCA officials would investigate the possibility of including in the rental assistance program a provision that would allow tenants to pay extra rent in order to defer the costs of a reasonable accommodation. ABCD requests that this proposal be included in the State Rental Assistance Program’s final regulations.
Thank you for your time and effort in reviewing these comments. The members of ABCD and I are looking forward to your response to our concerns and suggestions. We hope to hear from you soon and to continue working with you and your colleagues to better serve all of New Jersey’s citizens.
ABCD’s Comments on the State Rental Assistance Program (S-RAP)
February 24, 2005
Michael L. Ticktin, Esq. Chief, Legislative Analysis
Department of Community Affairs
P.O. Box 802
Trenton, New Jersey 08625-0802
Dear Mr. Ticktin,
I am writing this letter on behalf of Alliance for the Betterment of Citizens with Disabilities (ABCD) to comment on the proposed new rule for the State Rental Assistance Program. I want to thank you for the hard work that you and your colleagues at the Department have put into crafting the proposed rule for the State Rental Assistance Program. We appreciate that you have taken seriously the need many individuals with disabilities have for affordable and accessible housing. Reducing the share of rent for families with a disabled head of the household to 25 percent of their adjusted annual income and including an income deduction of $400 for families with a disabled head of the household are two aspects of this program that will greatly benefit individuals with disabilities and their families throughout New Jersey. These two aspects of the State Rental Assistance Program are important steps toward the State of New Jersey addressing the housing crisis that exists within the disability community.
ABCD is a statewide advocacy organization comprised of 13 member agencies that provide an array of community based services to more than 8,000 people with multiple physical and developmental disabilities and their families. Most of the people served by these agencies are medically complex, have ambulation issues, and require frequent monitoring and assistance with their daily needs. A significant number of these individuals have swallowing and/or seizure disorders. A primary goal of ABCD’s member agencies is to serve their consumers in the most intregrated setting appropriate to their needs. Affordable and accessible housing is foundational to sucessfully accomplishing this goal. The State Rental Assistance Program will be an important element in providing services to individuals with disabilities in their own communities.
The following comments have been drafted in the spirit of cooperation that is developing between New Jersey’s disability community and the Department of Community Affairs (DCA) to address the housing needs of individuals with disabilities. We believe our comments highlight changes that can be made to the existing rules to strengthen the State Rental Assistance Program’s ability to effectively serve New Jersey’s citizens with disabilities and their families.
Tenant Set-Aside Preferences: Subchapter 2, 5:42 – 2.1
As outlined in the statue 30 percent of the vouchers must be set-aside for the elderly population. The rest of the set-asides detailed in the proposed rule are not required by the statute but are clearly aimed at populations who are in dire need of rental assistance. We were surprised to learn that none of the approximately 800 vouchers that will be available annually would be specifically set-aside for individuals with disabilities. We are concerned that DCA officials may not be fully aware of the severity of the housing needs of individuals with disabilities who live in New Jersey or that they might be under the impression that individuals with disabilities are adequately served by the already existing preferences. Many people with disabilities are elderly, homeless, or are already on DCA’s existing Housing Choice Voucher Program waiting list. But the majority of individuals with disabilities with housing needs in New Jersey do not fit into these categories.
There are several important reasons to provide a set-aside preference for those individuals with disabilities who are not members of the already existing preference groups. On an economic basis, many individuals with disabilities major or sole source of income is Supplementary Security Income (SSI). In New Jersey, SSI is $595 per month while the fair market rent for a one-bedroom unit is $905 a month. Many of these citizens are between the age of 18 and 64 and either live at home with aging parents or are forced to live in institutions. Secondly, concerning individual rights, recent investigations by the Civil Rights Division of the US Justice Department found that both Woodbridge and New Lisbon Developmental Centers had violated the civil rights of its residents by not moving those eligible to more integrated and community-based housing. Finally, in order to address discrimination by Public Housing Authorities in their vouchers policies, the federal government in 1992 set aside 50,000 vouchers (known as Frelinghuysen vouchers) for individuals with disabilities in the federal UD program. Including a preference for people with disabilities could help New Jersey address the economic and discriminatory realities that do and possibly could negatively impact the ability of individuals with disabilities with very low income to acquire safe, affordable, and accessible housing in their own communities.
Length of Voucher Assistance: (Subchapter 2, 5:42 – 2.6)
As the rules are now written only individuals over the age of 65 can keep their voucher for an unlimited amount of time. All other voucher recipients seem to be restricted to a five year limit. ABCD believes that individuals with disabilities should be afforded the same security concerning housing that are afforded senior citizens. As mentioned previously, many individuals with disabilities have extremely limited incomes and because of that fact are denied opportunities for housing in integrated community settings. Many individuals with disabilities also have permanent conditions that limit their ability to find and hold a full-time job. Finally, numerous individuals with disabilities confront the ugly realities of discrimination when it comes to receiving accommodations for their needs in the workplace. A permanent voucher would help address these limitations and expand the opportunities individuals with disabilities have to be more active and productive members of their community.
Project-Based Voucher Program: Subchapter 5, section 5:42 – 5.16
The members of ABCD are extremely encouraged that DCA has included a Project-Based Voucher Program in the State Rental Assistance Program. Such a provision shows that DCA officials understand that the amount of affordable and accessible housing units in New Jersey does not meet the housing needs of New Jersey’s citizens. As the proposed rule outlines, the Project-Based voucher program will be targeted towards “… the working poor, Special Needs and DYFS households earning up to 40% of county median income, and elderly households.” ABCD would like the Department to clarify what special needs populations will be served and if the Project-Based Vouchers will be distributed by a percentage break down among the aforementioned groups. The members of ABCD strongly urge that individuals with intellectual and/or physical disabilities be included in the individuals with special needs targeted by the Project-Based Voucher Program.
Ensuring Accessibility
Many individuals with disabilities struggle not only to find affordable housing but housing that can also accommodate their physical and sensory needs. ABCD’s members were concerned not to see any specific mention of accessibility safeguards within the State Rental Assistance Program’s outlined structure. We would like the Project-Based Voucher Program to adopt regulations similar to HUD’s Project-Based Program which requires at least 5 percent of the units to be physically accessible and 2 percent of the units to be designed to accommodate sensory impairments. ABCD encourages DCA to link the rental assistance program with the New Jersey Housing Resource Center, which should be online by April or May of this year. This would allow participants to more easily find affordable and accessible housing. The Housing Resource Center could also serve as a mechanism through which DCA could monitor landlords to verify they are fulfilling New Jersey’s accessibility requirements. Finally, during a recent meeting with Commissioner Bass Levin an ABCD representative was told that DCA officials would investigate the possibility of including in the rental assistance program a provision that would allow tenants to pay extra rent in order to defer the costs of a reasonable accommodation. ABCD requests that this proposal be included in the State Rental Assistance Program’s final regulations.
Thank you for your time and effort in reviewing these comments. The members of ABCD and I are looking forward to your response to our concerns and suggestions. We hope to hear from you soon and to continue working with you and your colleagues to better serve all of New Jersey’s citizens.
Sincerely,
Lowell Arye ABCD Executive Director