L. Dara Baldwin, MPA Senior Public Policy Analyst May 11, 2017 NDRN - What Role do Tiny Homes and Tiny Shelters Have in Responding to Homelessness? WA 2017 Conference on Ending Homelessness L. Dara Baldwin, MPA Senior Public Policy Analyst May 11, 2017

Tiny Homes/Shelters 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 to End Homelessness Tiny Homes- LDB May 2017

Tiny Homes/Shelters 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 & PAVAhttp://www.ndrn.org/en/about/paacap-network.html NDRN - WA 2017 Conference to End Homelessness Tiny Homes- LDB May 2017

Tiny Homes/Shelters 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 to End Homelessness Tiny Homes- LDB May 2017

Tiny Homes/Shelters 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 to End Homelessness Tiny Homes- LDB May 2017

Tiny Homes/Shelters 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 to End Homelessness Tiny Homes- LDB May 2017

Tiny Homes/Shelters ADA/Housing 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 to End Homelessness Tiny Homes- LDB May 2017

Tiny Homes/Shelters 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 cases across the nation NDRN - WA 2017 Conference to End Homelessness Tiny Homes- LDB May 2017

Tiny Homes/Shelters Using Tiny Homes/Shelters as a primary source of housing is not a solution but an enhancer (b/c of FHA/ADA/ABA and other laws) As long as a State/local entity has a supply of accessible housing for persons with disability & others Lessons learned from: Katrina 2005 & recent Emergency Management Housing due to detrimental weather storms Emergency housing provided was inadequate, unsafe and did not assist with implementing the inclusion of persons with disabilities back into New Orleans or much of the Gulf Coast – it’s taken years to get this as a priority for many communities around the country NDRN - WA 2017 Conference to End Homelessness Tiny Homes- LDB May 2017

Tiny Homes/Shelters 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 to End Homelessness Tiny Homes- LDB May 2017

Tiny Homes/Shelters 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 to End Homelessness Tiny Homes- LDB May 2017

Tiny Homes/Shelters 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 to End Homelessness Tiny Homes- LDB May 2017

Tiny Homes/Shelters HUD – website ABA The Architectural Barriers Act (ABA) requires buildings and facilities that are constructed by or on behalf of, or leased by the United States, or buildings financed, in whole or in part, by a grant or loan made by the United States to be accessible to persons with mobility impairments. The Architectural and Transportation Barriers Board (ATBCB) has coordination authority for the ABA. HUD – website NDRN - WA 2017 Conference to End Homelessness Tiny Homes- LDB May 2017

NDRN 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 NDRN - WA 2017 Conference to End Homelessness Tiny Homes- LDB May 2017

NDRN 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 to End Homelessness Tiny Homes- LDB May 2017