National Disability Rights Network (NDRN) Conference on Ending Homelessness

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NDRN
Welcome Address
WA 2017 Conference on
Ending Homelessness
L. Dara Baldwin, MPA
Senior Public Policy Analyst
May 10, 2017
Welcome Address
Outline for Discussion (Slides 1-11)
I.
NDRN – Information and History
II.
Disability Rights – overview of history & “avenues” of work
III.
 Disability Rights – “AA”
IV.
 Intersectionality in Disability Rights
V.
Working with 45
th
 Administration & 115
th
 Congress
*Other Slides – information on disability rights laws used in Housing advocacy and ending
Homelessness for persons with disabilities
NDRN- WA 2017 Conference on Ending Homelessness - Welcome Address - LDB May 2017
2
Welcome Address
National Disability Rights Network (NDRN) -
http://www.ndrn.org/index.php
The National Disability Rights Network (NDRN) 
is the nonprofit
membership organization for the federally mandated Protection
and Advocacy (P&A) Systems and the Client Assistance
Programs (CAP) for individuals with disabilities. Collectively, the
Network is the largest provider of legally based advocacy
services to people with disabilities in the United States
Civil Rights lawyers for people with disabilities (PWD) &
enforcement agency in the sates
NDRN- WA 2017 Conference on Ending Homelessness - Welcome Address - LDB May 2017
3
Welcome Address
Federally funded program – Labor/HHS – DHHS - Administration
on Community Living (ACL)
57 P&A’s – 1 in every state = 50; 1 in every territory = 6; and 1
specifically for the Native American community
Eight programs – to assist with civil and human rights of PWD –
PADDS; CAP; PAIMI; PAIR; PAAT; PABBS; PATBI & PAVA
http://www.ndrn.org/en/about/paacap-network.html
NDRN- WA 2017 Conference on Ending Homelessness - Welcome Address - LDB May 2017
4
Welcome Address
Disability Rights – History – fascinating (see resources slide for
readings etc.)
Two “avenues” to this work
1. Paternalistic – we have to take care of PWD
2. Civil and Human Rights  - PWD can and should live in the
community provided with supports and give opportunities to
decent employment, housing and all aspects of life
NDRN- WA 2017 Conference on Ending Homelessness - Welcome Address - LDB May 2017
5
Welcome Address
Maryland Disability Law Center 
lawsuit against Baltimore County
that resulted in a March 2016 settlement providing housing
remedies.
The settlement includes the development of 1,000 affordable
rental homes, including 100 units fully accessible for families
with disabilities.
NDRN- WA 2017 Conference on Ending Homelessness - Welcome Address - LDB May 2017
6
Welcome Address
Recent email sent to us by a partner in this work:
I’m very pleased that this short video on our case is
now available on YouTube:
https://youtu.be/4LnekiS5Lu8
Litigation under ADA and Section 504 secured the
largest ever affordable housing accessibility result
(either settlement or judgment),
4,000 units of UFAS-compliant rental housing
Michael Allen of Relman, Dane & Colfax, PLLC
NDRN- WA 2017 Conference on Ending Homelessness - Welcome Address - LDB May 2017
7
 
LA –Case Cont’d
State-of-the-art affirmative marketing, management and tenant
selection policies to ensure that accessible units actually go to
people with disabilities, and that they get the accommodations
and modifications required by federal law
A court-appointed monitor
  Damages of $4.5 million to three non-profit advocacy groups
Let me know if you have questions.
Michael Allen of Relman, Dane & Colfax, PLLC
NDRN- WA 2017 Conference on Ending Homelessness - Welcome Address - LDB May 2017
8
Welcome Address
NDRN & P&A network use intersectionality in their work
People with disabilities are ALL parts of life and so we use this
in our work (race, religion, sex,  sexual orientation, socio
economic status etc.)
P&A serve all as long as they have a disability – housing –
multiple cases around the country
NDRN- WA 2017 Conference on Ending Homelessness - Welcome Address - LDB May 2017
9
Welcome Address
Intersectionality – A7 & A15 (Race, class & homelessness & disability)
Continuum of Care –Housing
Vocational Rehabilitation (VR) (A26)
Immigrant & Refugee Community
Veterans with disabilities
Mental Health Diagnosis
NDRN- WA 2017 Conference on Ending Homelessness - Welcome Address - LDB May 2017
10
Welcome Address
Working with 45
th
 Administration & 115
th
 Congress
A Time of Hope and Work
Protecting what we have – getting ready for next steps
Moving forward – times change
NDRN- WA 2017 Conference on Ending Homelessness - Welcome Address - LDB May 2017
11
Welcom
e Address
History:
Architectural Barrier Act of 1968 
– this created ramps, curb cuts
& accessibility. PWD could get into the restaurant but could still
be denied  service.
Rehabilitation Act of 1974 – Section 504 
– any entity receiving
federal funding can not discriminate against PWD
Air Carrier Access Act of 1986 
– guaranteed PWD w
ould receive
consistent and nondiscriminatory when traveling by air
NDRN- WA 2017 Conference on Ending Homelessness - Welcome Address - LDB May 2017
12
Welcome Address
ADA Title II and Title III in addition to the civil rights act
Title II: This title prohibits discrimination on the basis of disability
by “public entities,” which  are programs, services and activities
operated by state and local governments. The public entity must
make sure its  programs, services and activities are accessible to
individuals with disabilities.
Title III: This title prohibits private places of public
accommodation from discriminating against individuals with
disabilities.
ADA National Network: https://adata.org/national-networ
k
NDRN- WA 2017 Conference on Ending Homelessness - Welcome Address - LDB May 2017
13
Welcome Address
The FAIR HOUSING ACT
Title VIII of the Civil Rights Act of 1968 (Fair Housing Act)
prohibits discrimination in the sale, rental and financing of
dwellings based on race, color, religion, sex or national origin.
Title VIII was amended in 1988 (effective March 12, 1989) by the
Fair Housing Amendments Act, which: expanded the coverage of
the Fair Housing Act to prohibit discrimination based on
disability or on familial status (presence of child under age of 18,
and pregnant women)
HUD - website
NDRN- WA 2017 Conference on Ending Homelessness - Welcome Address - LDB May 2017
14
Welcome Address
FHA Cont’d
established new administrative enforcement mechanisms with
HUD attorneys bringing actions before administrative law
judges on behalf of victims of housing discrimination; and
revised and expanded Justice Department jurisdiction to bring
suit on behalf of victims in Federal district courts.
In connection with prohibitions on discrimination against
individuals with disabilities, the Act contains design and
construction accessibility provisions for certain new multifamily
dwellings developed for first occupancy on or after March 13
HUD - website
NDRN- WA 2017 Conference on Ending Homelessness - Welcome Address - LDB May 2017
15
Welcome Address
Americans with Disabilities Act of 1990 (ADA) –This is a wide-
ranging civil rights law that is intended to protect against
discrimination based on disability; amended in 2008 (ADAA)
There are Five Titles to the ADA – there are no specific statutes
on Transportation or Housing as there were laws implemented
prior to ADA that covered discrimination (Fair Housing Act)
Civil Rights Act of 1964 – did not include disability in the list of
protected classes – like age, pregnancy - disability was added
later
Premise of the ADA – Community Integration – the inclusion of
PWD in every aspect of life
NDRN- WA 2017 Conference on Ending Homelessness - Welcome Address - LDB May 2017
16
Welcome Address
ADA/FHA
Title II of the ADA prohibits discrimination against 
persons with
disabilities in all services, programs, and activities made available by
State and local governments. The Department of Justice (DOJ) has
coordination authority for the ADA in accordance with Executive Order
11250.
HUD is the designated agency for all programs, services and regulatory
activities relating to State and local public housing, and housing
assistance and referrals. In addition, HUD has jurisdiction over a State or
local government activity when HUD has jurisdiction under Section 504
of the Rehabilitation Act of 1973.
HUD - website
NDRN- WA 2017 Conference on Ending Homelessness - Welcome Address - LDB May 2017
17
Welcome Address
Resources:
ADA training: ADA Network: ADA Basics Building Blocks – series:
https://adata.org/project/ada-basic-building-blocks
No Pity by Joe Shapiro (Book on the history of the disability rights movement)
  “Lives Worth Living”  Movie about the disability rights movement -
http://www.pbs.org/independentlens/films/lives-worth-living/
NDRN –Our  history: http://www.ndrn.org/about/26-our-history.html
Words matter – People First Language 
http://odr.dc.gov/page/people-
first-language
Words matter - 
Guidelines for Reporting and Writing about People with
Disabilities  
http://www.ndrn.org/en/media/press-kit/265-reporting-
and-writing-about-disabilities.html
NDRN- WA 2017 Conference on Ending Homelessness - Welcome Address - LDB May 2017
18
Welcome Address
Contact information:
L. Dara Baldwin, MPA
Senior Public Policy Analyst
National Disability Rights Network (NDRN)
Email: dara.baldwin@ndrn.org
Phone: 202-408-9514 ext. 102
Website: www.ndrn.org
Twitter: @NDRNAdvocates
Facebook: NDRNAdvocates
NDRN- WA 2017 Conference on Ending Homelessness - Welcome Address - LDB May 2017
19
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The National Disability Rights Network (NDRN) held a conference in Washington in 2017 on ending homelessness for individuals with disabilities. The event included discussions on disability rights history, advocacy avenues, working with the administration and Congress, federally funded programs, and success stories like the Maryland Disability Law Center's lawsuit resulting in accessible housing. NDRN is a vital organization providing legal advocacy services nationwide for people with disabilities.

  • NDRN
  • Disability Rights
  • Homelessness
  • Advocacy
  • Washington

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  1. NDRN Welcome Address WA 2017 Conference on Ending Homelessness L. Dara Baldwin, MPA Senior Public Policy Analyst May 10, 2017

  2. Welcome Address Outline for Discussion (Slides 1-11) I. NDRN Information and History II. Disability Rights overview of history & avenues of work III. Disability Rights AA IV. Intersectionality in Disability Rights V. Working with 45thAdministration & 115thCongress *Other Slides information on disability rights laws used in Housing advocacy and ending Homelessness for persons with disabilities NDRN- WA 2017 Conference on Ending Homelessness - Welcome Address - LDB May 2017 2

  3. Welcome Address National Disability Rights Network (NDRN) - http://www.ndrn.org/index.php The National Disability Rights Network (NDRN) is the nonprofit membership organization for the federally mandated Protection and Advocacy (P&A) Systems and the Client Assistance Programs (CAP) for individuals with disabilities. Collectively, the Network is the largest provider of legally based advocacy services to people with disabilities in the United States Civil Rights lawyers for people with disabilities (PWD) & enforcement agency in the sates NDRN- WA 2017 Conference on Ending Homelessness - Welcome Address - LDB May 2017 3

  4. Welcome Address Federally funded program Labor/HHS DHHS - Administration on Community Living (ACL) 57 P&A s 1 in every state = 50; 1 in every territory = 6; and 1 specifically for the Native American community Eight programs to assist with civil and human rights of PWD PADDS; CAP; PAIMI; PAIR; PAAT; PABBS; PATBI & PAVA http://www.ndrn.org/en/about/paacap-network.html NDRN- WA 2017 Conference on Ending Homelessness - Welcome Address - LDB May 2017 4

  5. Welcome Address Disability Rights History fascinating (see resources slide for readings etc.) Two avenues to this work 1. Paternalistic we have to take care of PWD 2. Civil and Human Rights - PWD can and should live in the community provided with supports and give opportunities to decent employment, housing and all aspects of life NDRN- WA 2017 Conference on Ending Homelessness - Welcome Address - LDB May 2017 5

  6. Welcome Address Maryland Disability Law Center lawsuit against Baltimore County that resulted in a March 2016 settlement providing housing remedies. The settlement includes the development of 1,000 affordable rental homes, including 100 units fully accessible for families with disabilities. NDRN- WA 2017 Conference on Ending Homelessness - Welcome Address - LDB May 2017 6

  7. Welcome Address Recent email sent to us by a partner in this work: I m very pleased that this short video on our case is now available on YouTube: https://youtu.be/4LnekiS5Lu8 Litigation under ADA and Section 504 secured the largest ever affordable housing accessibility result (either settlement or judgment), 4,000 units of UFAS-compliant rental housing Michael Allen of Relman, Dane & Colfax, PLLC NDRN- WA 2017 Conference on Ending Homelessness - Welcome Address - LDB May 2017 7

  8. LA Case Contd State-of-the-art affirmative marketing, management and tenant selection policies to ensure that accessible units actually go to people with disabilities, and that they get the accommodations and modifications required by federal law A court-appointed monitor Damages of $4.5 million to three non-profit advocacy groups Let me know if you have questions. Michael Allen of Relman, Dane & Colfax, PLLC NDRN- WA 2017 Conference on Ending Homelessness - Welcome Address - LDB May 2017 8

  9. Welcome Address NDRN & P&A network use intersectionality in their work People with disabilities are ALL parts of life and so we use this in our work (race, religion, sex, sexual orientation, socio economic status etc.) P&A serve all as long as they have a disability housing multiple cases around the country NDRN- WA 2017 Conference on Ending Homelessness - Welcome Address - LDB May 2017 9

  10. Welcome Address Intersectionality A7 & A15 (Race, class & homelessness & disability) Continuum of Care Housing Vocational Rehabilitation (VR) (A26) Immigrant & Refugee Community Veterans with disabilities Mental Health Diagnosis NDRN- WA 2017 Conference on Ending Homelessness - Welcome Address - LDB May 2017 10

  11. Welcome Address Working with 45th Administration & 115th Congress A Time of Hope and Work Protecting what we have getting ready for next steps Moving forward times change NDRN- WA 2017 Conference on Ending Homelessness - Welcome Address - LDB May 2017 11

  12. Welcome Address History: Architectural Barrier Act of 1968 this created ramps, curb cuts & accessibility. PWD could get into the restaurant but could still be denied service. Rehabilitation Act of 1974 Section 504 any entity receiving federal funding can not discriminate against PWD Air Carrier Access Act of 1986 guaranteed PWD would receive consistent and nondiscriminatory when traveling by air NDRN- WA 2017 Conference on Ending Homelessness - Welcome Address - LDB May 2017 12

  13. Welcome Address ADA Title II and Title III in addition to the civil rights act Title II: This title prohibits discrimination on the basis of disability by public entities, which are programs, services and activities operated by state and local governments. The public entity must make sure its programs, services and activities are accessible to individuals with disabilities. Title III: This title prohibits private places of public accommodation from discriminating against individuals with disabilities. ADA National Network: https://adata.org/national-network NDRN- WA 2017 Conference on Ending Homelessness - Welcome Address - LDB May 2017 13

  14. Welcome Address The FAIR HOUSING ACT Title VIII of the Civil Rights Act of 1968 (Fair Housing Act) prohibits discrimination in the sale, rental and financing of dwellings based on race, color, religion, sex or national origin. Title VIII was amended in 1988 (effective March 12, 1989) by the Fair Housing Amendments Act, which: expanded the coverage of the Fair Housing Act to prohibit discrimination based on disability or on familial status (presence of child under age of 18, and pregnant women) HUD - website NDRN- WA 2017 Conference on Ending Homelessness - Welcome Address - LDB May 2017 14

  15. Welcome Address FHA Cont d established new administrative enforcement mechanisms with HUD attorneys bringing actions before administrative law judges on behalf of victims of housing discrimination; and revised and expanded Justice Department jurisdiction to bring suit on behalf of victims in Federal district courts. In connection with prohibitions on discrimination against individuals with disabilities, the Act contains design and construction accessibility provisions for certain new multifamily dwellings developed for first occupancy on or after March 13 HUD - website NDRN- WA 2017 Conference on Ending Homelessness - Welcome Address - LDB May 2017 15

  16. Welcome Address Americans with Disabilities Act of 1990 (ADA) This is a wide- ranging civil rights law that is intended to protect against discrimination based on disability; amended in 2008 (ADAA) There are Five Titles to the ADA there are no specific statutes on Transportation or Housing as there were laws implemented prior to ADA that covered discrimination (Fair Housing Act) Civil Rights Act of 1964 did not include disability in the list of protected classes like age, pregnancy - disability was added later Premise of the ADA Community Integration the inclusion of PWD in every aspect of life NDRN- WA 2017 Conference on Ending Homelessness - Welcome Address - LDB May 2017 16

  17. Welcome Address ADA/FHA Title II of the ADA prohibits discrimination against persons with disabilities in all services, programs, and activities made available by State and local governments. The Department of Justice (DOJ) has coordination authority for the ADA in accordance with Executive Order 11250. HUD is the designated agency for all programs, services and regulatory activities relating to State and local public housing, and housing assistance and referrals. In addition, HUD has jurisdiction over a State or local government activity when HUD has jurisdiction under Section 504 of the Rehabilitation Act of 1973. HUD - website NDRN- WA 2017 Conference on Ending Homelessness - Welcome Address - LDB May 2017 17

  18. Welcome Address Resources: ADA training: ADA Network: ADA Basics Building Blocks series: https://adata.org/project/ada-basic-building-blocks No Pity by Joe Shapiro (Book on the history of the disability rights movement) Lives Worth Living Movie about the disability rights movement - http://www.pbs.org/independentlens/films/lives-worth-living/ NDRN Our history: http://www.ndrn.org/about/26-our-history.html Words matter People First Language http://odr.dc.gov/page/people- first-language Words matter - Guidelines for Reporting and Writing about People with Disabilities http://www.ndrn.org/en/media/press-kit/265-reporting- and-writing-about-disabilities.html NDRN- WA 2017 Conference on Ending Homelessness - Welcome Address - LDB May 2017 18

  19. Welcome Address Contact information: L. Dara Baldwin, MPA Senior Public Policy Analyst National Disability Rights Network (NDRN) Email: dara.baldwin@ndrn.org Phone: 202-408-9514 ext. 102 Website: www.ndrn.org Twitter: @NDRNAdvocates Facebook: NDRNAdvocates NDRN- WA 2017 Conference on Ending Homelessness - Welcome Address - LDB May 2017 19

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