Access Denied

by Kate Scott

categories: Cities, Federal, Government, Guest Bloggers, Gulf Coast, Health & Healthcare, Housing, Policy, States

Published May 27, 2009 @ 07:00AM PT

In a post from several weeks ago, Leigh helpfully reminded us all that “disablism” is an issue for anti-poverty advocates to keep front and center in our struggle for equal housing opportunities. Last week, my organization released the results of the first audit study on disability discrimination in New Orleans housing since Hurricane Katrina.

Access Denied: An Audit of Housing Accessibility for People with Physical Disabilities in the Greater New Orleans Rental Housing Market demonstrates that 100% of the twenty-two complexes investigated (all built within the past five years) were inaccessible to people with physical disabilities according to the standards set forth under the Fair Housing Act as amended in 1988. Violations included a lack of curb cuts that would allow access from a parking lot to units or common areas, bathroom walls that are not reinforced to allow for the installation of grab bars, and kitchens/bathrooms that are impossible for a wheelchair user to navigate.

These results amount to illegal discrimination against people with disabilities but are disturbing for several additional reasons when we consider context.

First, the Design and Construction standards included in the Fair Housing Act ensure a minimal level of housing accessibility. In fact, they are called adaptive design requirements because they ensure NOT that a unit is fully accessible to a person with a physical disability, but that it is possible for a unit to be made accessible to a person with a physical disability. More simply put, in comparison with the Americans With Disabilities Act and Section 504 of the Rehabilitation Act of 1973, the seven Design and Construction standards of the Fair Housing Act represent the bare minimum of what is required of developers among the various levels of accessibility standards.

Further, a very small amount of properties in the New Orleans area are actually subject to the accessibility requirements of the Fair Housing Act. The requirements apply to housing consisting of 4 or more units built since March of 1991. Most properties in New Orleans are historic, and so aren’t required to meet the Design and Construction standards. This factor makes it even more critical that housing that is covered by the federal Fair Housing Act is in compliance with accessibility standards.

Perhaps most important is understanding that massive amounts of new construction will be built throughout the area in coming years largely due to the devastation wrought by Hurricane Katrina. HUD reports that there are approximately 5,600 rental units under construction or being renovated throughout the New Orleans MSA. Developers receiving Gulf Opportunity Zone Low-Income Housing Tax Credits will have to complete an additional 8,000 units and have them on the market by 2010.  However, GNOFHAC’s Access Denied indicates that developers are not fully complying with federal accessibility laws, that there is no efficient government mechanism to ensure compliance, and that substantial additional resources should be dedicated to monitoring and enforcement.

Finally, it is critical that we consider the link between poverty and disability in understanding the results of the Access Denied audit. This is not an inherent link, but the result of public policies that do not appropriately consider the needs of people with disabilities and therefore limit the amount of control people have over their lives.  SSI payments in Louisiana are $674 a month per person, making affordable rent $202. Thus, many people with disabilities rely on subsidized, multi-family housing- just the type of developments examined in the Access Denied report. Ultimately, however, the Access Denied study indicates that those living with physical disabilities in the New Orleans MSA will have even more limited housing opportunities than ever before if development is allowed to proceed without appropriate monitoring for accessibility compliance.

(Top photo by Karen Apricot New Orleans of Squandered Heritage)

(Bottom photo by Editor B)