NYSILC 2004 DISABILITY ACTION AGENDA

I. HOUSING

Goal: To advocate for accessible and affordable housing in New York State, working with local, state and federal agencies to develop and maintain the state's accessible and affordable housing stock, and urge compliance with Section 504, the ADA, the Fair Housing Act and all applicable regulations and laws.

Action Priorities:

ΠEstablish a Housing Trust Fund dedicated to people with disabilities. A Housing Trust Fund would provide grants or loans to low-moderate income or very low-income individuals with disabilities in order to obtain accessible housing. Funds could be used for home modifications or rental subsidies. In addition, low-interest loans could be made to housing developers in order to construct or rehabilitate existing housing in order to make it accessible and affordable to individuals with disabilities. The goal of the Housing Trust Fund is to increase the supply of accessible, affordable, and integrated housing throughout New York State. Placing a $30 surcharge on fines for DWI, DUI, Non-Use of Seatbelts, and other moving violations could fund the Housing Trust Fund. A surcharge on such activities seems logical as such illegal activities could potentially lead to the acquisition of a disability. It is estimated that this additional surcharge could generate $20-$30 million each year.

 Set-aside Section 8 vouchers for people transitioning from nursing homes to community-based living arrangements and expand use of the homeownership option for people with disabilities. DHCR operates a Section 8 Housing Choice Voucher Program to provide rental assistance to extremely low, very low and low-income households throughout New York State. This is in addition to the Section 8 vouchers’ that HUD gives directly to participating jurisdictions. In order to increase the availability of housing for individuals who want to transition from nursing homes or other institutions, DHCR should create a "preference" in their Section 8 program for individuals transitioning from nursing homes or other institutions.

Each Public Housing Agency has the discretion to create preferences to reflect the needs of its own community. The creation of preferences allows the Public Housing Agency to direct their housing resources to the individuals or families with the greatest needs. For example, some Public Housing Agencies have created preferences for individuals who are homeless or involuntarily displaced from permanent housing. Public Housing Agencies should create a priority in their housing programs for individuals with disabilities who want to transition from institutional placements.

Some individuals with disabilities have been forced to go into nursing homes or other institutions because of the lack of accessible, affordable and integrated housing. As these individuals try to transition back into the community, they may not be able to readily secure housing that is suitable to their needs. Sometimes, it can take months or even years to obtain affordable and accessible housing. In the meantime, the individual must remain in an institution. Such a local priority will assure - that institutionalized individuals will be given a better opportunity to secure accessible and affordable housing.

Ž Pass legislation to establish a mandatory statewide housing registry of all housing stock (public and private) inclusive of accessible and affordable housing. A Statewide mandatory accessible housing registry would assist people with disabilities in locating accessible rental units. Given the scarcity of accessible housing, it is extremely important that individuals with disabilities who are in need of housing know where such housing is available. This legislation would require that all owners/managers of accessible apartments report vacancies to a central registry. Landlords would then be required to hold the apartment for at least 15 days in order to attempt to rent the apartment to a person with a disability. If during the 15-day period, a person with a disability does not rent the apartment, the apartment could then be rented to an individual who does have a disability. This legislation should be modeled after the "Mass Access" housing registry in Massachusetts. More information on the Mass Access program can be found at www.massaccesshousingregistry.org.

 Amend the New York State Buildings Code to make visitability a part of the Code. Currently, only 5% of newly constructed, federally assisted, single-family houses and townhouses must have accessibility features for individuals with mobility impairments. Individuals with disabilities who reside in non-covered housing must pay for expensive renovations themselves or try to secure other funding. In many cases, individuals with disabilities are displaced from their own homes into institutions because they are not able to secure funding to make their homes accessible. In other instances, individuals with disabilities become socially isolated because architectural barriers in homes prevent them from visiting friends and relatives. Therefore, the State should enact changes to the New York State Building Code to require that ALL newly constructed single-family houses, townhouses, and ground-floor units of duplexes and triplexes meet minimum standards of access or visitability. This would allow individuals with disabilities and seniors to remain in their own homes.

 Expand the Senior Citizen Rent Increase Exemption (SCRIE) for people with disabilities to address the affordable and accessible housing crisis in New York City. People with disabilities in New York City have difficulty finding and maintaining affordable and accessible housing. Expanding the Senior Citizens Rent Increase Exemption (SCRIE) program to include people with disabilities could alleviate this problem. It would make them eligible for tax abatement for rent-controlled and rent-regulated property. A SCRIE program for people with disabilities would exempt low-income tenants with disabilities from rent increases if they live in rent-controlled, rent-stabilized, or Mitchell-Lama Housing. Once eligible tenants enter the program, they would continue paying the same rent every year, and their landlords would receive a tax abatement to cover the lost rent. This is less costly than having a tenant with a disability leave home and move to subsidized or public housing at the taxpayers’ expense. It also represents a proactive strategy to demonstrate compliance with the 1999 U.S. Supreme Court’s Olmstead decision.

II. MOST-INTEGRATED SETTING

Goal: To advocate for changes in policy and legislation that would enable people with disabilities to transition from institutional to integrated community settings.

Action Priorities:

Œ Establish a new Medicaid 1915C Waiver program for all individuals with disabilities of all ages wishing to leave institutional settings or avoid institutionalization. New York State should establish a Medicaid 1915C waiver program to allow people with disabilities of any age currently not eligible for any existing Medicaid waivers to be served in the most integrated settings appropriate to their needs. The waiver would fund housing modifications, assistive technology devices and services, transition services, and personal assistance ("homecare") services. Essential features would include: ability to terminate case management/service coordination once the person with a disability is stabilized in their own home with appropriate services; a choice of either consumer directed or traditional personal assistance services; inclusion of persons who need safety monitoring or supervision due to a cognitive disability such as Alzheimer’s disease; one-time costs of setting up a household, including furniture, utility and security deposits, and moving costs. Personal care services should be equally accessible regardless of whether the individual’s need is caused by a cognitive impairment or a physical impairment.

Federal law requires that any Medicaid waiver program must have costs equal to or less than those of institutional services. This program is guaranteed to be cost-neutral and may save taxpayer dollars. Costs should be determined based on the aggregate program and not on those of any one individual, so that waiver participants with the most significant disabilities will be allowed to exceed the average cost of institutionalization. Savings will still be realized because the overall average cost of those living in the community would be less than the cost of institutionalization. Over an 18-month period, ending in March 2003, thirteen major Independent Living Centers (ILCs) received a total of $5,555,409 in funding from New York State. During that period, these thirteen ILCs prevented 888 individuals from being institutionalized and freed 113 individuals from an institutional setting. This resulted in a net savings of $69,926,720. An effective waiver program would also demonstrate compliance with the 1999 U.S. Supreme Court’s Olmstead decision.

 Ensure that the New York State Most-Integrated Setting Coordinating Council write and implement statewide regulations consistent with the Committee To Implement Olmstead in New York’s (CTIONY’s) recommendations in order to reverse the state’s institutional bias. The U.S. Supreme Court’s 1999 Olmstead decision found that the Americans with Disabilities Act (ADA) requires states to serve people with disabilities in the most integrated setting possible. New York State still has thousands of people with disabilities in institutions that are more restrictive than necessary to meet their needs. There is no acceptable rationale for keeping people in segregated settings. Public policy should support the fullest possible independence, inclusion, and participation as possible. Overall, it will cut government spending because integrated community-based supports are, on average, less expensive than restrictive, segregated programs. The best way to ensure compliance with this U.S. Supreme Court decision is to have the State’s Most-Integrated Setting (MIS) Coordinating Council plan and implement the recommendations made by the Committee To Implement Olmstead in New York (CTIONY). A copy of CTIONY’s policy paper can be referenced at the NYS Coalition for Aging website, www.coalitionforaging.org. Click the gray box in the middle of the home page for the CTIONY policy paper. Any attempt to weaken the new MIS law or delay implementation will be seen as an act of "bad faith" and subject to the filing of civil rights complaints and/or lawsuits against the State.

III. ELECTION REFORM

Goal: Ensure that all of New York State's citizens are afforded the opportunity to exercise their right to vote privately and independently in public polling places.

Action Priorities:

ΠEliminate the full-face ballot requirement in New York State Election Law. New York is the only state that has a statutory requirement limiting the selection of voting machines to those meeting the full-face ballot requirements. Repealing the full-face ballot requirement would increase choice among voting machine vendors and products that tend to be more accessible to people with disabilities. The expanded group of vendors would also help to drive down the cost of new voting machines and give New York State a greater value for its dollar. A recent study conducted in the State of Missouri also found that a full-face ballot was the leading factor contributing to voter "fall off." It is time for New York State to enter the 21st century!

 Ensure full and equitable implementation of the Help America Vote Act (HAVA) in New York State. The NYSILC Election Reform Subcommittee has identified the following items that must be addressed in order for New Yorkers with disabilities to realize the promise of HAVA:

IV. FUNDING INDEPENDENT LIVING

Goal: To ensure the provision of services necessary for the promotion of independence and self-determination of people with disabilities.

Action Priorities

Œ Restore $536,600 to the executive budget recommendation for the Independent Living state appropriation to achieve the current year funding level of $10.7 million. Independent Living Center’s (ILC’s) haven't received an increase in state funding for the last four years. During the same time period, the demand for services at centers increased by 49% (i.e., from 46,003 individuals/agencies/businesses in 1997-98 to 68,447 in 2001-02). It is crucial that $536,600 be restored to the ILC state appropriation to ensure level funding for the network at $10.7 million.

 Provide an additional $1 million dollars to the IL state appropriation to meet increased service demands across the state. This would increase the total funding level to $11.7 million. ILC’s are a wise investment for New York. They have played a crucial role in making sure that our state complies with the 1999 Olmstead U.S. Supreme Court decision. Centers have worked hard within their local communities to divert and transition consumers out of institutional settings. This allows consumers to contribute and spend within the community at the same time they save significant taxpayer dollars. Therefore, it would be prudent for NYS to provide an additional $1 million to the IL state appropriation. For example, ILC’s save at least $37,329 for each person diverted or assisted to leave a nursing home.** Savings would be greater if consumers were transitioning from other institutions like developmental or psychiatric centers. If each one of the 37 centers diverted or transitioned 9 people out of an institutional setting each year, it would save the state almost $12.5 million! This amount exceeds the total amount of the ILC state appropriation, including the $ 536,600 restoration and a $1 million legislative add (i.e., $11.7 million dollars).



**This figure is based on the weighted average cost of nursing home care of $78,110 less the projected cost of providing basic community-based supports such as SSI benefits and homecare, factoring in the additional $1 million increase to ILC's.

V. ADA AND CIVIL RIGHTS

Goal: To promote full compliance with the Americans with Disabilities Act (ADA) and to improve access in all sectors of society.

Action Priorities:

The Americans with Disabilities Act of 1990 (ADA) provides comprehensive protections for the civil rights of individuals with disabilities. The ADA has made a positive impact on the lives of many disabled Americans and has changed how society views disabilities. However, a current rollback of civil rights at the national level is challenging the original promise of the law, especially toward continued progress in the full integration and equal opportunity of persons with disabilities. This shameful practice is erasing the lessons learned from over two hundred years of American history and jurisprudence. New York State must do its part to preserve these protections at the state level.

ΠPass Assembly bill A.5511 (Senate "same as" bill) to waive sovereign immunity in ADA-related cases brought against New York State.

The U.S. Supreme Court has been weakening aspects of the Americans with Disabilities Act (ADA) in favor of 11th Amendment states rights. State employees no longer have the right to sue for monetary damages in Federal court as a result of the recent Alabama v. Garrett U.S. Supreme Court decision. This erosion was expanded in the Garcia decision from the Second Circuit Court. Action is needed to reinstate these rights for New Yorkers with disabilities. A law must be enacted waiving the state’s sovereign immunity to claims brought against it under the ADA and Section 504 of the Rehabilitation Act. Most individuals need to retain an attorney on a contingency basis. They will be hard-pressed to find representation without the right to sue for damages.

 Pass Assembly bill A.5468 (S.5803) to reinforce ADA language on obligations of state and local governments in state statute.

The New York State Human Rights Law includes some, but not all, of the ADA’s protections, causing needless confusion. Incorporating Titles II and III of the ADA into the New York State Human Rights Law will help to remedy the situation and impose no new or additional requirements upon local governments, since local governments are already responsible for complying with the provisions of the ADA.

VI. INCLUSIVE EDUCATION

Goal: To advocate for quality, inclusive educational services and supports for students with disabilities in public education and post secondary education.

Action Priorities:

Œ Provide an additional $15 million to support the escalating need for quality disabled student services in institutions of higher education. Higher standards in high school are leading to more success and more expectation on the part of students with disabilities. This has led to significant growth in the number of individuals with disabilities seeking access to postsecondary education. This trend is expected to continue. However, the postsecondary system is not fully prepared for this population. The proposed add would provide funding to colleges and universities to enable them to grow their capacity to meet the increased need. This is an investment, not just an outlay of spending, because these students will be self-sufficient. A college education greatly enhances one’s earning potential.

 Provide an additional $3,000,000 per year in new funding for Independent Living Centers to develop targeted programs that will enable appropriate transition of high school students with disabilities to integrated adult living, learning and earning. Academic and life achievement gaps persist for students with disabilities in our education system, with data showing that these students experience significantly worse outcomes than their non-disabled peers. They are less likely to graduate and/or to pursue education or vocational training. Without services to support their successful transition to adult life, they are certain to face lives of dependency on SSI and other benefit programs. Both the federal Individuals with Disabilities Education Act (IDEA) and the New York State education law recognize the importance of transition services for youth to prevent this. CILs pioneered partnerships with schools to provide vital links to the adult world of higher education, vocational training and work for students with disabilities. The pilot projects demonstrated that when schools and CILs collaborate, these students achieve more successful outcomes in transitioning to post high school life. The partnership needs renewed and increased funding, providing incentives to schools to participate while ensuring compliance with laws and regulations and guaranteeing good futures for our young people with disabilities.

VII. HEALTH CARE REFORM

Goal: To advocate for the preservation and expansion of the health care safety net.

Action Priorities:

ΠAdvocate for the health care needs of New Yorkers with disabilities. Affordable and accessible health care is vital for people with disabilities in order to live independently within the community. The following items have been prioritized toward this end:

VIII. EMPLOYMENT SERVICES AND SUPPORTS

Goal: To advocate for increased services and opportunities that would enable people with disabilities to become employed at competitive wages at integrated work sites.

Action Priorities:

ΠRestore $2 million to VESID Vocational Rehabilitation Case Services along with an increase of $5.75 million. VESID case service dollars continued to be stretched due to the increased number of people with disabilities seeking employment and the fact that the cost to provide these services increases each year. VESID had a total caseload of 61,530 as of November 2003. The restoration and add is needed to sustain services to all eligible consumers. Investment in vocational rehabilitation programs is cost-effective. People with disabilities who become employed decrease dependency on other public assistance costs; generate State income tax revenue, while their earnings are spent in local communities, adding to overall economic development across New York State.

 Add $618,000 to supported employment services for OMRDD consumers who transfer to the VESID system. This increase is needed for supportive employment to serve the expected 350 new consumers, who were previously served under the Office of Mental Retardation and Developmental Disabilities (OMRDD) system.

Ž Provide $250,000 over two years to develop informational materials and a public service announcement campaign for statewide distribution, which will encourage the enrollment of people with disabilities in the new Medicaid Buy-In program. The federal Infrastructure grant for the new Medicaid Buy-In program is supposed to develop materials to educate and enhance enrollment on a statewide basis. Since July of 2003, just less than 1,000 New Yorkers have enrolled into the program. The Department of Health (DOH) has been working on these materials for months with no realistic distribution date in sight. Advocates want to be able to have the resources and means to conduct their own public service campaign to inform New Yorkers with disabilities about the promise of the new Medicaid Buy-In program.

IX. TRANSPORTATION

Goal: To advocate for affordable and accessible transportation services throughout New York State that will allow people with disabilities to fully participate in their communities.

Action Priorities:

ΠFund subsidized transportation for persons with disabilities on a countywide basis, including rural populations, with accessibility criteria beyond current Americans with Disabilities Act (ADA) guidelines. The Americans with Disabilities Act (ADA) helped to increase access to various modes of public transportation. However, the State still needs to promote and encourage alternatives that address gaps in service or coordination.

The New York State Independent Living Council, Inc. (NYSILC)supports the legislative agendas of the 2004 New York State Disability Budget Policy Coalition, New York Association on Independent Living (NYAIL), New York State Education

Department/VESID, and the New York State Rehabilitation Council.