Justice Department Obtains Landmark $10.5 Million Settlement to Resolve Disability-Based Housing Discrimination Lawsuit

WASHINGTON – The Justice Department today announced its largest-ever disability-based housing discrimination settlement fund to resolve allegations that JPI Construction L.P. and six other JPI entities (collectively “JPI”) based in Irving, Texas, discriminated on the basis of disability in the design and construction of multifamily housing complexes throughout the United States.
Under the settlement, which was approved today by the U.S. District Court for the Northern District of Texas, JPI will pay $10,250,000 into an accessibility fund to provide retrofits at properties built by JPI and to increase the stock of accessible housing in the communities where these properties are located.  The settlement also requires JPI to pay a $250,000 civil penalty.  This is the largest civil penalty the Justice Department has obtained in any Fair Housing Act case.
“Today’s historic settlement demonstrates the Justice Department’s commitment to protecting the fair housing rights of persons with disabilities,” said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division.  “Builders of multifamily housing must consider accessibility at the outset, or they risk significantly greater expense to retrofit properties.  As a result of this settlement, multifamily housing complexes will be retrofitted to comply with the Fair Housing Act and the Americans with Disabilities Act, and persons with physical disabilities will be afforded an equal opportunity to live in and visit these properties.”
“Equal access to housing for persons with disabilities is an important right protected by federal law,” said U.S. Attorney for the Northern District of Texas Sarah R. Saldaña.  “This settlement will help eliminate barriers and send a clear message that disability discrimination will not be tolerated.  Disabled residents should know that this district remains committed to protecting their fair housing rights.”
The lawsuit was filed in March 2009, after the Justice Department conducted an investigation and found accessibility barriers at various JPI properties.  Since 1991, JPI and its affiliates built 210 multifamily properties in 26 states and the District of Columbia; trial involving 32 of JPI’s properties was scheduled to begin July 9, 2012.
In addition to the $10.5 million payment, the consent order prohibits JPI from discriminating on the basis of disability in the future and from interfering with or preventing the retrofitting that will take place at the JPI properties.  Although JPI is no longer in the multifamily development and construction business, if JPI reenters the business, it is required to design and construct covered multifamily dwellings to fully comply with the requirements of the Fair Housing Act and the Americans with Disabilities Act.
The JPI entities that are responsible for paying the settlement amount are: JPI Construction L.P.; Multifamily Construction L.L.C.; JPI Apartment Development L.P., dba JPI Campus Quarters; Lifestyle Apartment Development Service L.L.C.; Jefferson Bend L.P., dba Jefferson at Mission Gate Apartments; Jefferson Lake Creek L.P., dba Jefferson Center Apartments; and Apartment Community Realty L.L.C.
The federal Fair Housing Act prohibits discrimination in housing based on race, color, religion, national origin, sex, disability and familial status.  Individuals who believe that they may have been victims of housing discrimination should call the Housing Discrimination Tip Line (1-800-896-7743) or email the Justice Department at fairhousing@usdoj.gov.  Such persons may also contact the U.S. Department of Housing and Urban Development at 1-800-669-9777.
Fair housing enforcement is a priority of the Civil Rights Division. More information about the Civil Rights Division and the laws it enforces is available at www.justice.gov/crt.

New Housing Resources to Support Olmstead Implementation

Center for Medicaid and CHIP Services
CMCS Informational Bulletin
DATE: June 18, 2012
FROM: Cindy Mann, Director
   Center for Medicaid and CHIP Services (CMCS)
SUBJECT:  New Housing Resources to Support Olmstead Implementation
For more than a decade, the Centers for Medicare & Medicaid Services (CMS) has been
partnering with States to use Medicaid funding and services to develop comprehensive long-term
services and supports systems that are compliant with the Americans with Disabilities Act
(ADA) and the historic June 22, 1999 Olmstead vs L.C. U.S. Supreme Court decision
(Olmstead), which requires States to administer programs in the most integrated setting
appropriate to the needs of qualified individuals with disabilities.  CMS also recognizes the
critical role of the U.S. Department of Housing & Urban Development (HUD) in providing the
housing support individuals need to help them remain in the community.  At the federal level, the
U.S. Department of Health and Human Services (HHS) and HUD have been working together to
forge a strong collaboration in support of achieving the promise of the Olmstead decision.  This
Informational Bulletin provides a description of recent HUD actions, policies and resources that
are available as States develop strategies to balance their long-term services and supports
systems.
As States continue to implement the Olmstead decision and reform and rebalance their long-term
care systems, establishing and maintaining relationships with the housing community and
leveraging the many housing opportunities available through HUD and State housing finance
agencies will be critical to States’ success.   Many States have had success in using Money
Follows the Person administrative funding to support staff who can focus on leveraging the
housing resources in a State.  And housing agencies may be increasingly receptive to forging
partnerships with State Medicaid agencies as their future funding opportunities may depend on
having such relationships.  As discussed below, HUD recently provided a funding opportunity
for rental assistance for very low-income individuals who require housing finance agency
applicants to create a partnership with the State Medicaid program.  We hope the information
provided here will be useful to State Medicaid programs as they continue to improve access to
home and community-based services for people with disabilities.
(FULL STORY HERE_CLICK)

New "APP" for substance abuse treatment centers

App Description

The Substance Abuse and Mental Health Services Administration (SAMHSA) Treatment Locator app enables patients, family members and professionals to have instant access to reliable information on nearby mental health and substance abuse treatment facilities, including those that provide specialized treatment for patients dealing with opioid drugs. With it, you’ll be able to access information from four different treatment locator databases:

• Substance Abuse Treatment Facility Locator
• Mental Health Services Locator
• Buprenorphine Physician and Treatment Program Locator
• Opioid Treatment Program Directory

The STL Mobile App gives you:

• An easy way to search for a treatment center either in the office or on the road
• General information about the treatment center (if it exists in the database)
• Search for a treatment center near you, or search by address
• Retrieve results within the following ranges: 5, 10, 20, 50 or 100 miles
• View treatment center locations and get directions
• Bookmark information for retrieval later on
• Copy and send information using email or SMS

App Screen Shot

• 

AFFORDABLE CARE ACT

OVER 5.2 MILLION PEOPLE WITH MEDICARE SAVE $3.7 BILLION ON PRESCRIPTION DRUGS THANKS TO THE AFFORDABLE CARE ACT
AVERAGE SAVINGS FOR SENIORS AND PEOPLE WITH DISABILITIES THIS YEAR IS $651

As a result of the Affordable Care Act, more than 5,254,000 seniors and people with disabilities have saved a total of $3.7 billion on prescription drugs since the law was enacted.  The Centers for Medicare & Medicaid Services (CMS) also released data today showing that in the first five months of 2012, 745,000 people with Medicare saved a total of $485.3 million on prescription drugs in “donut hole” coverage gap for an average of $651 in savings this year.

“Thanks to the health care law, millions of people with Medicare have been paying less for prescription drugs,” said CMS Acting Administrator Marilyn Tavenner.  “The law is helping people with Medicare lower their medical costs, and giving them more resources to stay healthy.  By 2020, the donut hole will be fully closed thanks to the Affordable Care Act.”

These savings are automatically applied to prescription drugs that people with Medicare purchase, after they hit the Medicare Part D prescription drug coverage gap or “donut hole.”

People with Medicare who hit the donut hole in 2010 received a one-time $250 rebate.  In 2011, people with Medicare began receiving a 50 percent discount on covered brand name drugs and 7 percent coverage of generic drugs in the donut hole.

This year, Medicare coverage for generic drugs in the coverage gap has risen to 14 percent.  Coverage for both brand name and generic drugs in the gap will continue to increase over time until 2020, when the coverage gap will no longer exist.  

For more information on how the Affordable Care Act closes the Medicare drug benefit coverage gap “donut hole,” please visit: http://www.healthcare.gov/law/features/65-older/drug-discounts/index.html

For State-by-State information on the amount of savings people with Medicare have received in the donut hole, please visit: https://www.cms.gov/Plan-Payment

Consumer Action releases housing discrimination survey

New face of problem: Immigrants, disabled, families with children most vulnerable to abuses when renting and buying; Consumer Action outlines what consumers should look out for.

Note to Editors: Click here to listen to an audio feed of this morning’s press event.

Washington, D.C. – May 3, 2012 – Community-based organizations (CBOs) dealing with the disabled, immigrants, families with children, and other underserved consumers are reporting that housing discrimination remains a widespread problem in the United States, with the most vulnerable consumers unsure of their rights and how to protect themselves.

A major new Consumer Action survey of 549 community-based organizations focusing on the needs of immigrants and other underserved consumers found that:

• Seven out of 10 CBOs say that housing discrimination is a “very serious” or “somewhat serious” problem for the people they serve.  Significantly, roughly half of CBOs (48 percent) agree that housing discrimination is a “very serious” problem today.
• Four times more CBOs have “seen housing discrimination go up … in the last two years” than those that reported a drop in the same period, by a margin of 40 percent to 11 percent.
• About two thirds of CBOs (65) percent say the level of awareness about housing discrimination rights among the individuals they serve is “somewhat low” or “very low.”
• Among the top problems seen by CBOs as discouraging “the people you serve from pursuing housing discrimination complaints” are factors that reflect immigrant concerns,  including: “cultural issues, such as the fear of authorities” (59 percent); “language barriers” (54 percent); and “legal status in the U.S.” (56 percent).
• Disability (77 percent), race (62 percent) and family status (60 percent) are the top three distinguishing features of individuals seeking help from CBOs on housing discrimination problems.

Ken McEldowney, executive director, Consumer Action, said:  “Housing discrimination is all too alive and well in the United States today.  In fact, the changing face of housing discrimination now tends to zero in more on immigrants, the disabled and families with children than in the past.  The ever-shifting focus of housing discrimination makes it doubly hard to root out, since CBOs and other agencies concerned with the problem must constantly educate different segments of the population.  Nowhere is this task more challenging than when it comes to immigrant populations that may speak little or no English and also be steeped in cultural heritages that put a premium on distrusting the very authorities that can help them.”

Other key survey findings

• “Refused opportunity to rent or buy housing” (72 percent) and “subjected to different terms, conditions or privileges for sale or rental of a dwelling” (64 percent) are the top two housing discrimination problems encountered by individuals seeking the help of CBOs.
• Most housing discrimination cases dealt with by CBOs involve low-tech abuses (face-to-face interactions at 53 percent) versus online advertising/postings (8 percent).
• Nearly three out of five CBOS (57 percent) surveyed handle housing discrimination complaints.

The full details of the Consumer Action survey on housing discrimination are available online at Consumer Action. Click here to view the survey results.

Tips for consumers

The following are among the major prohibited practices in the rental housing market:

• Running discriminatory advertisements (for example, ads that state “No Kids,” or “Looking for White Tenants”);
• Falsely stating to minority applicants that an available unit has been rented;
• Setting higher or lower rents, security deposit requirements or credit criteria for prospective tenants based on their race or other protected status;
• Failing to respond to inquiries by prospective minority tenants;
• Failing to provide prospective minority tenants with rental applications; and
• Encouraging long-term tenants to leave their apartments by making false allegations regarding the effect of minority residents on property values, an increase in criminal or antisocial behavior, or a decline in the quality of schools or other services or facilities (called “blockbusting”—done so that rents can be increased or so the units can be converted into condominiums or cooperatives and sold).

In home sales, the following practices are among those that are prohibited:

• Lying about or exaggerating sales terms in order to discourage certain homebuyers or to price them out of the market;
• Failing to inform prospective buyers about all available listings in their price range and desired locations;
• Using stall tactics to avoid showing a home to a buyer;
• Steering prospective buyers only to racially segregated neighborhoods; and
• Refusing to negotiate with interested buyers.

To learn more about how to spot and avoid the signs of housing discrimination, visit Consumer Action’s Fair Housing module page.

Survey methodology

The Consumer Action survey was conducted online from April 9-20, 2012.  More than 5,000 community-based organizations nationwide were contacted to participate in the survey and in excess of 10 percent (549) responded. All regions of the United States were reflected in the survey responses, which ranged from some of the largest to some of the smallest CBOs in the nation.  The full text of all questions and the complete topline findings are available online at Consumer Action.

About Consumer Action

Consumer Action has been a champion of underrepresented consumers nationwide since 1971. A nonprofit 501(c)3 organization, Consumer Action focuses on financial education that empowers low to moderate income and limited-English-speaking consumers to prosper financially. It also advocates for consumers in the media and before lawmakers to advance consumer rights and promote industry-wide change.

Goodwill Takes Heat For Paying Those With Disabilities Less

By MICHELLE DIAMENT

June 12, 2012Text Size  A  A

A national disability advocacy group is urging a boycott of Goodwill arguing that the collector of unwanted clothes and furniture should not be paying workers with disabilities less than minimum wage.

The National Federation of the Blind is coming out against Goodwill after obtaining documents showing that the venerable nonprofit known for reselling household goods pays some workers with disabilities as little as $1.44 per hour.

“We are calling upon all Americans to refuse to do business with Goodwill Industries, to refuse to make donations to the subminimum wage exploiter and to refuse to shop in its retail stores until it exercises true leadership and sound moral judgment by fairly compensating its workers with disabilities,” said Marc Maurer, president of the National Federation of the Blind.

Goodwill’s compensation practices are legal. Under the Fair Labor Standards Act, employers have been able to obtain special permission from the U.S. Department of Labor since the 1930s to pay those with disabilities less than the federal minimum of $7.25 per hour.

However, the National Federation of the Blind says the allowance is based on an outdated view of the ability of individuals with disabilities to work and they say that Goodwill should do better.

“That Goodwill Industries exploits many of its workers in this way is ironic, because its president and chief executive officer is blind. Goodwill cannot credibly argue that workers with disabilities are incapable of doing productive work while paying its blind CEO over half-a-million dollars a year,” Maurer said.

The National Federation of the Blind and dozens of other disability advocacy groups supportlegislation introduced in Congress last year that would end subminimum wage altogether. However, no further action has been taken on the bill.

For their part, Goodwill representatives said in a statement that 64 of their 165 local affiliates pay employees with significant disabilities below minimum wage but such workers receive an average of $7.47 per hour.

“Goodwill supports changes in the (law) so long as the right of people with disabilities to maintain employment of their choice is preserved,” the statement said.

What’s more, the group added that paying less than minimum wage “enables Goodwill and thousands of other employers to provide opportunities for people with severe disabilities who otherwise might not be part of the workforce.”

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Star-Studded Ads Urge Disability Awareness

By MICHELLE DIAMENT

June 7, 2012Text Size  A  A

A series of billboards with some major star-power behind them are popping up across the country in an effort to promote acceptance of people with intellectual disabilities.

The advertisements feature celebrities including actor Rob Lowe, former model Cindy Crawford and Food Network star Guy Fieri. Each is shown paired alongside a friend with special needs who they’ve connected with through Best Buddies, a national nonprofit that promotes one-on-one friendships between those with and without disabilities.

Billboards are currently up in the New York City area, New England and in California. Additional displays are also planned in Florida and Washington, D.C., according to Best Buddies.

Officials with the group say they are hopeful that the advertisements will encourage others to befriend those with disabilities and increase employment opportunities for this population.

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