About the CPSH et al v DHA lawsuit - Press Release
Under federal law the Dallas Housing Authority (DHA) must make its housing programs available to people with disabilities in the most integrated setting appropriate for their needs. The DHA could do this by having a program that allows people with disabilities to live independently in single-family homes owned by their parents or others and subsidizing the rent with federal funding called project-based vouchers.
In 2016 the DHA announced a program for a project-based vouchers for people with IDDs. The program would have allowed 50 single-family home property owners to rent their homes to several people with disabilities who would pay about 30% of their monthly income toward rent and receive a federal subsidy to pay the rest of the rent.
In early 2017 DHA abruptly suspended the program. After 18 months of trying to resolve this issue with DHA, CPSH and several family members of people with disabilities filed a lawsuit to require DHA to provide these project-based vouchers so people with disabilities can live more independently in neighborhoods, not in institutions or group homes. The lawsuit asks for an organized on-going project-based voucher program and damages for the families who are still waiting for this housing option. Our legal team, Relman Dane and Colfax of Washington DC and Disability Rights Texas is assisting us to develop the case.
CPSH is a partner with DHA regarding their recent award of Mainstream Vouchers, which, although important, don’t meet the same needs that project based vouchers would meet. CPSH is committed to continue working with the DHA on the Mainstream Voucher Program and any other program that will meet the housing needs of people with disabilities. We are committed to seeing DHA implement an on-going project-based voucher program that will house people with disabilities so they can live more independently.
COMMUNITY FOR PERMANENT SUPPORTED HOUSING and several additional plaintiffs have filed a lawsuit against the Dallas Housing Authority. The lawsuit claims illegal discrimination on the basis of disability, citing portions of the federal and state laws.
While the Project-Based Voucher option is available to many beneficiaries of the Dallas Housing Authority, in 2017 many people with IDD were denied this program by Dallas Housing Authority’s unjustified refusal to permit ownership of the home by a parent and a refusal to accept reasonable accommodations for people with disabilities.
The Dallas Housing Authority took these action even though in 2014 HUD had published a new rule explicitly allowing people with disabilities to live in homes owned by family members as a reasonable accommodation.
In 2017 HUD told the Dallas Housing Authority that it “should handle a Project-Based Voucher tenant’s or applicant’s reasonable accommodation request as it would any other reasonable accommodation request,” and that “regardless of whether the program regulation specifically refers to reasonable accommodations, Public Housing Authorities are always required to provide reasonable accommodations consistent” with federal civil rights laws.
COMMUNITY FOR PERMANENT SUPPORTED HOUSING and several additional plaintiffs have requested a jury trial to seek restitution for this illegal act of discrimination.
What you can do
|Case Filing CPSH v. HHCD; Case No. 3:18-cv-02030-K - August 6, 2018
Press Release - August 6, 2018
Lawsuit Press (Media)
DHA Motion to Dismiss - September 12, 2018
CPSH v. DHA Plaintiffs' Response to Motion to Dismiss - October 17, 2018
Proposed Amended Complaint April 30, 2019
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