Following the landmark Supreme Court ruling in Olmstead v. L.C.—which was decided 25 years ago—and the 34th anniversary of the Americans with Disabilities Act, the U.S. Department of Housing and Urban Development (HUD) is implementing policy measures to support community living for individuals with disabilities. In order to promote the objectives of Olmstead, HUD specifically released advice that establishes new alternative requirements and waivers that allow public housing agencies (PHAs) to more effectively use Mainstream Vouchers to assist people with disabilities in transitioning out of and away from institutional settings.
“Affordable and accessible housing is essential to realizing the goals of Olmstead,” said HUD Acting Secretary Adrianne Todman. “The flexibilities we are providing today will further enable local leaders to support the housing needs of people with disabilities”.
One of the most significant federal programs that helps people with disabilities find homes is HUD’s Mainstream Vouchers. Housing agencies that serve non-elderly persons with disabilities who are at least 18 years old but not yet 62, transitioning out of institutional or other isolated settings, seriously at risk of institutionalization, homeless, or at risk of homelessness, are funded by the program to offer rental assistance. HUD has added over 20,000 new vouchers to the Mainstream Voucher program and authorized additional unusual administrative expenses under the Biden-Harris Administration.
“Mainstream Vouchers are important to make communities more accessible and diverse and to make affordable housing in areas of opportunity a reality for all Americans,” said Rich Monocchio, Principal Deputy Assistant Secretary for the Office of Public and Indian Housing. “Though we’ve seen great success with these vouchers to date, the flexibilities we’re announcing today will further improve its efficiency and in turn better serve people with disabilities to find homes in their community that meet their needs and preferences.”
The PHAs in charge of Mainstream Voucher administration can collaborate with Continuums of Care, Medicaid agencies, state protection and advocacy organizations, Centers for Independent Living, and other organizations that help individuals with disabilities find housing, get referrals, and manage the delivery of supportive services. With today’s announcement of alternate standards and waivers, PHAs can further solidify their collaboration with these community-living-supporting agencies.
The policy changes announced today include:
- Alternative Requirements:
- The minimum initial search term will increase from 60 to 120 days, giving participants more time to search for housing before they need to request an extension.
- The process for requesting search extensions requires PHAs to approve all initial extension requests which will be for a minimum of 90 days.
- PHAs will not be permitted to exercise a residency preference for Mainstream Vouchers because applicants who are experiencing homelessness or residing in an institution may be doing so outside of the PHA’s jurisdiction .
- Discretionary Waivers:
- PHAs may adopt a separate Mainstream Voucher waiting list. PHAs with high utilization of their Mainstream vouchers may find it unnecessary to establish a separate waiting list, but some may choose to do so to reduce burden in identifying eligible applicants.
- PHAs may adopt admissions preferences that prioritize direct referrals from health care and disability agencies that support community living, so long as the referral source is not serving one specific disability type. PHAs can choose to adopt these preferences only for Mainstream Vouchers or to their overall Housing Choice Voucher program.
The alternative standards and exceptions for Mainstream Vouchers presented today assist in addressing some of the obstacles to home search among disabled non-elderly individuals that were noted in a HUD study released last month.
According to the study “Housing Search Assistance for Non-Elderly People with Disabilities,” there are many obstacles that people with disabilities must overcome when looking for homes. They struggle to get supports and services before their voucher expires, to find and get approved for housing, to get past screening requirements, to get reasonable accommodations or necessary modifications above and beyond what a landlord must offer, and to pay for moving and first-time living expenses.
For more information on the Mainstream Voucher Program, click here.
