Housing Discrimination Complaint CASE NUMBERS: 1. Complainants: Jane Addams Senior Caucus 1111 N. Wells St. # 302 Chicago, IL 60610 Thomas DeFries 416 W. Barry Ave. #208 Chicago, IL 60657 Gene Wright 416 W. Barry Ave. #308 Chicago, IL 60657 Olga Bueno Taylor 416 W. Barry Ave. #408 Chicago, IL 60657 Maria Elena Leal DeCid 416 W. Barry Ave. #508 Chicago, IL 60657 2. Complainant Representatives: Katherine E. Walz Sargent Shriver National Center on Poverty Law 67 E. Madison Suite 2000 Chicago, IL 60603 Emily J. Coffey Sargent Shriver National Center on Poverty Law 67 E. Madison Suite 2000 Chicago, IL 60603 (Title II) (Title VIII) (Section 504) (Section 109) 3. Other Aggrieved Parties: Current residents of CHA’s senior developments who are disabled and have been subjected to discrimination through unlawful denials of reasonable accommodations, including residents of Crowder Place and Caroline Hedger Apartments. 4. The following is alleged to have occurred or is about to occur: • • • 5. The alleged violation occurred because of: • 6. Making housing unavailable on the basis of disability Denial of reasonable accommodation/modification request Failure to Affirmatively Further Fair Housing Disability Address and location of the property in question (or if no property is involved, the city and state where the discrimination occurred): Mulvey Apartments 416 W. Barry Avenue Chicago, IL 60657 7. Respondents: Chicago Housing Authority C/O James Bebley 60 E. Van Buren St. Chicago, IL 60605 8. The following is a brief and concise statement of the facts regarding the alleged violation: The Chicago Housing Authority (“CHA”) has a pattern and practice of rehabilitating senior buildings and removing existing accessibility features such as grab bars in the bathrooms without assessing whether or not the senior needs accessibility features such as grab bars in order to remain physically safe and be able to live independently. For over two years, the Jane Addams Senior Caucus (“JASC”) has sought to amicably resolve this issue with the CHA, giving one of the biggest public housing authorities in the country every opportunity to come into compliance with its obligations under federal disability and civil rights laws. Despite repeated assurances by the CHA that this issue would be swiftly resolved, the CHA continues to put disabled seniors at risk by denying seniors this necessary safety feature. Complainants The Jane Addams Senior Caucus is a member-based community organization led by concerned seniors in the Chicago area. JASC works for economic, social, and racial justice for all seniors and the community through leadership development, organizing, and popular education. JASC works on affordable housing creation, preservation, and enforcing the rights of seniors to safe, decent, and affordable housing. JASC has devoted extensive resources toward ensuring seniors living in CHA units have their fair housing rights preserved. JASC has members residing at Mulvey Place, Crowder Place, and Caroline Hedger Apartments. Mulvey Place and Crowder Place are owned by the Chicago Housing Authority and subsidized with project-based vouchers under Section 8 of the United States Housing act of 1937, 42 U.S.C. 1437f(o)(13). Caroline Hedger Apartments is owned by the Chicago Housing Authority and recently converted from public housing to project-based vouchers pursuant to the Rental Assistance Demonstration authorized by the Consolidated and Further Continuing Appropriations Act of 2012. Thomas DeFries is a 74 year old tenant with Parkinson’s Disease who lives at Mulvey Place with a project-based voucher. Mr. DeFries originally moved to Mulvey Place about ten years ago and his unit already had grab bars installed. In January 2018, he moved into a newly renovated apartment. Soon thereafter, he noticed that there were no grab bars in the apartment but he believed that CHA would eventually install them because there were other issues in his apartment that needed repairs when he moved in. CHA never asked him if he continued to need grab bars in his apartment and never installed the grab bars. Currently, he must grab the spigot in the shower and the shower door to prevent himself from falling. On March 19, 2018, he submitted a written request for a reasonable accommodation. Since then, he’s received no correspondence from CHA stating when will install grab bars and he is at daily risk of debilitating injury as a result. Gene Wright is a 79 year old tenant with a mobility related disability who lives at Mulvey Place with a project-based voucher. Mr. Wright is a member of the Jane Addams Senior Caucus. Mr. Wright originally moved into a unit at Mulvey Place that already had grab bars installed in May 2010. In January 2018, he moved into a newly renovated apartment. Prior to moving into his new unit, CHA did not assess whether or not he needed grab bars in his new unit. When he used the bathroom in his renovated apartment, he noticed for the first time that there were no grab bars installed. As a result, he regularly has to grasp the shower door and spigot to balance himself in the shower, and is fearful of falling and severely injuring himself every day. Mr. Wright originally believed that he would have to pay to have grab bars installed so he did not make an oral request. He learned from JASC that he would not have to pay to have the grab bars installed, so he submitted a reasonable accommodation request for grab bars on March 19, 2018. Approximately a month later, an agent for CHA came to his apartment to measure the space to install the grab bars. At that time, there was no timeline for when grab bars would be installed. On or around July 1, 2018 three and a half months after he made his first request for grab bars, management stated that someone would install the grab bars on July 6, 2018. No one came to his unit on that day. To date, Mr. Wright has no grab bars in his bathroom and is at daily risk of debilitating injury as a result. Maria Elena Leal DeCid is a 72 year old tenant who resides at Mulvey Place with her 76 year old husband, Victor DeCid with a project-based voucher. Ms. DeCid has a disability impacting her balance and has arthritis. She is fearful of falling in the bathroom without grab bars. Ms. DeCid first moved into Mulvey Place around 2009 into a unit that already had grab bars installed. In January 2018, she moved into her new unit. Prior to moving into her new unit, CHA did not assess whether or not she needed grab bars in her new unit. The first day she moved in, she immediately noticed that grab bars were not installed. Within the week, she asked maintenance about getting grab bars installed and they told her they would get around to it. Ms. DeCid purchased her own grab bar and asked that they install it. In about February, maintenance attempted to install the grab bar she purchased herself but they were unable to do it. Maintenance also left a crack in her wall. CHA’s agents did not follow up with her to ensure grab bars would be installed in a timely fashion. She was never asked to fill out a reasonable accommodation form. In March 2018, she filled out a reasonable accommodation form with JASC. Approximately a month later, a CHA agent came to her unit to inspect the bathroom to see where to install the grab bars. They said they would do it as quickly as possible. Since then, she has heard nothing from the CHA concerning the installation of grab bars in her bathroom and is at daily risk of debilitating injury as a result. Olga Bueno Taylor is a 76 year old tenant with a disability who lives at Mulvey Place with a project-based voucher. Ms. Bueno Taylor has difficulty standing up as a result of chronic back pain and has nearly fallen in the shower because she does not have grab bars. She originally moved into Mulvey Place in 2014 into a unit that already had grab bars. In January 2018, she moved into a newly renovated unit and immediately noticed there were no grab bars installed. Prior to moving into her new unit, CHA did not assess whether she needed grab bars in her new unit. She believed grab bars would eventually be installed in her unit. In March 2018, she submitted a written request for grab bars with JASC. The next month, a CHA agent came into her unit, but they did not speak with her about their plans to install grab bars. Since then, she has received no communication from CHA concerning the installation of grab bars in her unit and is at daily risk of debilitating injury as a result. Jane Addams Senior Caucus submitted written reasonable accommodation requests on behalf of the four Mulvey Place Complainants on March 21, 2018 via email. On April 13, 2018, CHA sent an email stating “All [reasonable accommodation] requests submitted have been approved. Mr. Kevin Jones will contact the tenants to schedule a site visit.” On May 16, 2018, JASC again emailed the CHA stating “It has been over a month since the [reasonable accommodation] requests for residents at Mulvey place were approved by CHA. None of the residents have been contacted by CHA about getting grab bars installed and they are still in danger of falling when they bathe. Can you please reply by [May 17, 2018] with an updated timeline for when residents can expect to be contacted and have these grab bars installed?” CHA responded on May 17, 2018 stating, “I spoke with Kevin Jones; he will follow up with the property manager as well as the tenants to schedule time to do the home visits. We know the importance of this and will make arrangements to conduct the visits as soon as possible within the week.” On June 21, 2018, after CHA had still failed to install the grab bars or provide residents with the timeline for doing so, JASC requested a status update. CHA did not respond to JASC, in spite of an email to the CHA on June 21, 2018 from HUD’s Office of Fair Housing and Equal Opportunity stating that the timeliness of the request was closing in on a denial of the request. CHA finally responded on July 2, 2018, explaining that the grab bars were ordered in May – two months after the requests were submitted – and that they were expected to arrive the next day. On July 3, 2018, CHA stated that the grab bars would be installed by July 6, 2018. These emails are attached as Exhibit A. Despite these repeated assurances, the CHA did not install grab bars for any of the residents and did not contact them to set up time to do so. The CHA failed to grant the reasonable accommodation requests in a timely fashion and has thus denied these requests. On information and belief, virtually all senior residents of CHA developments have disabilities and need grab bars to be safe and continue to live independently. Falling is a major cause of death and severe injury among seniors, who are more likely to have mobility related disabilities that make it difficult for them to balance, stand up, and sit down without assistance. JASC has repeatedly asked the CHA to return to its prior policy of simply maintaining the installation of grab bars in senior assisted housing units under its control. Every day, CHA’s pattern and practice of refusing to ensure disabled seniors residing in recently renovated apartments have the same accessibility features as their previous apartments puts disabled seniors at risk of permanent and irreparable harm. Background on CHA’s Violations of Federal Civil Rights Laws The Chicago Housing Authority has a history of routine violations of federal civil rights laws as it concerns the CHA’s obligations to persons with disabilities. On September 30, 2004, HUD’s Office of Fair Housing and Equal Opportunity issued a Preliminary Letter of Finding of Non-Compliance against the CHA because the CHA’s Plan for Transformation and Senior Designated Housing Plan failed to comply with Section 504 of the Rehabilitation Act, Title II of the Americans with Disabilities Act, the Fair Housing Amendments Act, and the Architectural Barriers Act of 1968. HUD found CHA in noncompliance with Section 504 and its implementing regulations, concerning accessibility of housing units and common areas in CHA controlled properties. On May 31, 2006, the CHA entered a Voluntary Compliance Agreement with HUD to address the violations, mandating that CHA construct additional accessible units and ensuring proper implementation of reasonable accommodation requests. The VCA expired in 2013. Around the same time as the VCA expired, CHA began another phase of massive redevelopment of public housing, focusing primarily on senior assisted housing units, pursuant to the Rental Assistance Demonstration (“RAD”) authorized by the Consolidated and Further Continuing Appropriations Act of 2012. Caroline Hedger Apartments. One of the first buildings to undergo rehabilitation under RAD was Caroline Hedger Apartments (“Caroline Hedger”) at 6400 N. Sheridan Road in Chicago. Caroline Hedger is a 436 unit senior development owned by the CHA. Jane Addams Senior Caucus, whose members include residents of Caroline Hedger, became immediately concerned with the way renovations and relocations were occurring in the building. As early as December 2015, Caroline Hedger seniors began moving into newly renovated apartments where the original grab bars in the bathrooms had been removed by the CHA and its agents. The CHA provided no notice to the residents that the grab bars would be removed or a process by which residents could request that grab bars be maintained in individual units. CHA’s actions and omissions occurred in spite of a 2014 CHA ordered report that specifically noted that grab bars were installed as a matter of course in all of the bathrooms at Caroline Hedger. Caroline Hedger Residents and JASC complained to the CHA and public officials about the lack of grab bars in their units, and repeatedly stated that without grab bars, their units were unsafe and that they had fallen or were in fear of falling. At this point, CHA should have – at a minimum – informed residents about the reasonable accommodation process and begun a timely processing of reasonable modification requests. Instead, at a June 2016 meeting with Caroline Hedger residents and JASC, CHA CEO Eugene Jones, promised Hedger residents that the CHA or its agents would install grab bars in every unit immediately. That promise went unfulfilled and Hedger residents continued to live in fear of falling and injuring themselves. At the October 2016 CHA board meeting, a representative from the Caroline Hedger Local Advisory Council stated that the CHA needed to install grab bars for disabled seniors in his building. In spite of these repeated pleas to CHA Executives as well as repeated oral requests to the Habitat Company, the CHA’s management agent, and Madison Construction, the CHA’s contractor agent, in December 2016, seniors with disabilities still did not have grab bars. Although disabled seniors began moving into the renovated units at Caroline Hedger as early as December 2015, most residents did not have grab bars installed in their units until the spring of 2017. In 2017, a year in which the CHA designated as the “Year of the Senior,” JASC began a reasonable accommodation campaign in the building and submitted dozens of written reasonable modification requests on behalf of disabled seniors. Only then, after hundreds of hours of work by JASC, did CHA begin to install grab bars in units throughout the building. To date, and in spite of repeated requests for confirmation on the CHA’s progress with respect to grab bars, JASC has not received evidence that the CHA has installed grab bars in all units occupied by a disabled senior in the building. As grab bars were finally –two years later – being installed at Caroline Hedger, JASC sought to amicably resolve the issue with the CHA and prevent this serious problem from happening to other CHA seniors with disabilities. JASC sent a letter to the U.S. Department of Housing and Urban Development outlining many issues its members experienced during the renovation at Caroline Hedger, including the lack of grab bars in the newly renovated units. That letter is attached as Exhibit B. Crowder Place/Mulvey Place. On December 19, 2017, JASC, including its members from Caroline Hedger and Crowder Place (which was formerly known as a part of Presbyterian Homes), met with HUD and Jose Alvarez, CHA’s Chief Operating Officer, Ann McKenzie, CHA’s Chief Development Officer, Jewell Walton, CHA’s Senior Director of Rental Assistance Demonstration, and Derick Messier, CHA’s Chief Property Officer. The meeting was another attempt by JASC and resident leaders to resolve the problem created by the CHA’s practice of removing grab bars during renovations and its subsequent failure to promptly respond to reasonable modification requests. At that meeting, Linda Armitage, JASC member and president of the Crowder Place Tenant Association, stated that residents of the former Presbyterian Homes – which includes Mulvey Place and Crowder Place – were about to move into units that did not have grab bars installed in them. In response, CHA staff promised that they would investigate and ensure that seniors who needed them had grab bars installed. Later, on February 6, 2018, JASC met with HUD and Eugene Jones, CEO of the Chicago Housing Authority, again seeking to ensure CHA was complying with its civil rights obligations and ensuring disabled seniors had grab bars in their units. At this meeting, JASC proposed that CHA, at a minimum, assess whether a senior needs grab bars before moving them into an apartment without grab bars. Despite JASC’s efforts, the CHA refused to institute policies that ensure that what happened to the Caroline Hedger residents would not happen at Crowder Place and Mulvey Place, in addition to CHA’s other senior properties. To date, the CHA continues to engage in a pattern and practice of discrimination against seniors with disabilities living in CHA owned senior buildings. CHA’s discriminatory conduct has harmed JASC by frustrating its mission to further fair housing for seniors in the Chicago area. In response, JASC has diverted sparse resources to investigating CHA’s conduct that otherwise would have been spent on other valuable activities. In spite of these efforts, CHA continues to put seniors in danger by failing to ensure seniors with disabilities have grab bars installed in their bathrooms. Conclusion Under all applicable laws and regulations, HUD has the authority to review this claim that the CHA acted with discriminatory intent and/or discriminatory effect in failing to grant reasonable accommodation requests and ensure that CHA’s renovations do not result in fewer accessibility features for disabled seniors. HUD also has the obligation and responsibility to review the CHA’s submissions and affirmatively furthering fair housing certifications and to enforce compliance with program requirements and the intent of Congress. For the reasons set out above, the Complainants ask HUD to find that the Chicago Housing Authority has made housing unavailable to complainants as a result of his or her disability and has engaged in a pattern and practice of disability discrimination in violation of the Fair Housing Amendments Act, 42 U.S.C. §§ 3601 et. seq., Section 504 of the Rehabilitation Act, 29 U.S.C. §§ 794, Section 109 of the Housing and Community Development Act of 1974, and Title II of the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12131 et. seq. The Complainants seek declaratory and injunctive relief with respect to the CHA’s violations thereof and together with all other relief that may be available; including damages, reasonable attorneys’ fees, and costs. 9. The most recent date on which the alleged discrimination occurred: December 2015, and is continuing. 10. Types of Federal Funding Identified: The Chicago Housing Authority is a public housing authority that receives federal housing related dollars including public housing operating and capital funds through the U.S. Department and Urban Development and on information and belief, Community Development Block Grant, and HOME Investment Partnerships Program dollars as a subrecipient of the funds allocated to the City of Chicago, as an entitlement jurisdiction. 11. The acts alleged in this complaint, if proven, may constitute a violation of the following sections: - - Section 804f of Title VIII of the Civil Rights Act of 1968 as amended by the Fair Housing Act of 1988 (duty not to discriminate, duty to affirmatively further fair housing); Title II of Americans with Disabilities Act; Section 504 of the Rehabilitation Act of 1974; Section 109 of the Housing and Community Development Act of 1974. Dated: 7/16/2018 Respectfully submitted, /s/ Emily J. Coffey Emily J. Coffey Sargent Shriver National Center on Poverty Law 67 E. Madison St., Suite 2000 Chicago, IL 60603 Phone: (312) 724?8411 EXHIBIT A 7/16/2018 Jane Addams Senior Caucus Mail - Reasonable Accommodation Request Forms - Mulvey Place Kelly Viselman  Reasonable Accommodation Request Forms ­ Mulvey Place  Kelly Viselman  Wed, Mar 21, 2018 at 12:52 PM To: jmallon@thecha.org Cc: Emily Coffey , "Jones, Eugene" , "Messier, Derek" , AMANDA M  Hi Jessica,    Please find the attached reasonable accommodation forms from residents and Jane Addams Senior Caucus members at Mulvey Place (416 W. Barry) who are requesting grab bars be installed in their showers.    All residents are seniors with limited mobility who voluntarily moved into renovated apartments in their building without grab bars. Two residents made verbal requests to the staff on site and were denied. One resident bought her own grab bars and asked maintenance to install them but they were not able to do so. Currently residents are using the towel racks or the glass doors to assist them and this is very concerning and dangerous.     We look forward to resolving these requests as quickly as possible to ensure that these residents are able to shower safely.    Eugene Wright  Tom Defries  Maria Elena + Victor Cid  Olga Taylor    Additionally, JASC is looking to talk further with you about improving the  reasonable accommodation process for seniors and people with disabilities. Would you be open to doing a meeting?    Best,  Kelly     ­­   Kelly Viselman   Senior Housing Justice Organizer  Pronouns: She/Her/Hers (What's this?)     Jane Addams Senior Caucus [P]: 312.787.2382 ext. 224  [F]: 312.787.2394 1111 N Wells St, Suite 302  Chicago, IL 60610   https://mail.google.com/mail/u/0/?ui=2&ik=240ce424b6&jsver=_J1L9cKFJg4.en.&cbl=gmail_fe_180710.15_p2&view=pt&msg=16249b1107b3b3a7&q=BBarnes%… 1/1 7/16/2018 Jane Addams Senior Caucus Mail - Reasonable Accommodation Request Forms - Mulvey Place Kelly Viselman  Reasonable Accommodation Request Forms ­ Mulvey Place  Kelly Viselman  Mon, Apr 9, 2018 at 1:54 PM To: jmallon@thecha.org Cc: Emily Coffey , "Jones, Eugene" , "Messier, Derek" , AMANDA M  Hi,    I have not received a reply on these reasonable accommodation requests. Please reply by the end of the day tomorrow.    Best, Kelly  [Quoted text hidden] https://mail.google.com/mail/u/0/?ui=2&ik=240ce424b6&jsver=_J1L9cKFJg4.en.&cbl=gmail_fe_180710.15_p2&view=pt&msg=162abc27cc85424d&q=BBarnes%… 1/1 7/16/2018 Jane Addams Senior Caucus Mail - Reasonable Accommodation Request Forms - Mulvey Place Kelly Viselman  Reasonable Accommodation Request Forms ­ Mulvey Place  Barnes, Brian  To: "kelly@seniorcaucus.org"  Cc: "Mallon, Jessica L."  Fri, Apr 13, 2018 at 10:07 AM Kelly: All RA requests submitted have been approved. Mr. Kevin Jones, will contact the tenants to schedule a site visit. Thanks, Brian Barnes   From: Mallon, Jessica L. Sent: Friday, April 6, 2018 4:22 PM To: Barnes, Brian Subject: FW: Reasonable Accommodation Request Forms - Mulvey Place       From: Kelly Viselman [mailto:kelly@seniorcaucus.org] Sent: Wednesday, March 21, 2018 12:53 PM To: Mallon, Jessica L. Cc: Emily Coffey ; Jones, Eugene ; Messier, Derek ; AMANDA M Subject: Reasonable Accommodation Request Forms - Mulvey Place   **EXTERNAL EMAIL** This email originated outside of CHA. **NEVER CLICK or OPEN** unexpected links or attachments. **NEVER** provide User ID or Password. If this email seems suspicious, contact CHA Tech Support at 312­786­4000. Hi Jessica,    Please find the attached reasonable accommodation forms from residents and Jane Addams Senior Caucus members at Mulvey Place (416 W. Barry) who are requesting grab bars be installed in their showers.    All residents are seniors with limited mobility who voluntarily moved into renovated apartments in their building without grab bars. Two residents made verbal requests to the staff on site and were denied. One resident bought her own grab https://mail.google.com/mail/u/0/?ui=2&ik=240ce424b6&jsver=_J1L9cKFJg4.en.&cbl=gmail_fe_180710.15_p2&view=pt&msg=162bf8bcaf4912e6&q=BBarnes%4… 1/2 7/16/2018 Jane Addams Senior Caucus Mail - Reasonable Accommodation Request Forms - Mulvey Place bars and asked maintenance to install them but they were not able to do so. Currently residents are using the towel racks or the glass doors to assist them and this is very concerning and dangerous.     We look forward to resolving these requests as quickly as possible to ensure that these residents are able to shower safely.    Eugene Wright  Tom Defries  Maria Elena + Victor Cid  Olga Taylor    Additionally, JASC is looking to talk further with you about improving the  reasonable accommodation process for seniors and people with disabilities. Would you be open to doing a meeting?    Best,  Kelly     ­­ Kelly Viselman   Senior Housing Justice Organizer  Pronouns: She/Her/Hers (What's this?)  Jane Addams Senior Caucus [P]: 312.787.2382 ext. 224  [F]: 312.787.2394 1111 N Wells St, Suite 302  Chicago, IL 60610   https://mail.google.com/mail/u/0/?ui=2&ik=240ce424b6&jsver=_J1L9cKFJg4.en.&cbl=gmail_fe_180710.15_p2&view=pt&msg=162bf8bcaf4912e6&q=BBarnes%4… 2/2 7/16/2018 Jane Addams Senior Caucus Mail - Reasonable Accommodation Request Forms - Mulvey Place Kelly Viselman  Reasonable Accommodation Request Forms ­ Mulvey Place  Kelly Viselman  Wed, May 16, 2018 at 5:06 PM To: "Barnes, Brian"  Cc: "Mallon, Jessica L." , Emily Coffey , "Jones, Eugene" , "Messier, Derek" , AMANDA M , Housing Rights and Nondiscrimination , "Cullerton, John" Hi Brian,    It has been over a month since the RA requests for residents at Mulvey place were approved by CHA. None of the residents have been contacted by CHA about getting grab bars installed and they are still in danger of falling when they bathe.    Can you please reply by Thursday with an updated timeline for when residents can expect to be contacted and have these grab bars installed?    Best,   Kelly  [Quoted text hidden] [Quoted text hidden] https://mail.google.com/mail/u/0/?ui=2&ik=240ce424b6&jsver=_J1L9cKFJg4.en.&cbl=gmail_fe_180710.15_p2&view=pt&msg=1636afde7e818eee&q=BBarnes%4… 1/1 7/16/2018 Jane Addams Senior Caucus Mail - Reasonable Accommodation Request Forms - Mulvey Place Kelly Viselman  Reasonable Accommodation Request Forms ­ Mulvey Place  Barnes, Brian  Thu, May 17, 2018 at 12:40 PM To: Kelly Viselman  Cc: "Mallon, Jessica L." , Emily Coffey , "Jones, Eugene" , "Messier, Derek" , AMANDA M , Housing Rights and Nondiscrimination , "Cullerton, John" , "Jones, Kevin T."  Hello: I spoke with Kevin Jones; he will follow up with the property manager as well as the tenants to schedule time to do the home visits. We know the importance of this and will make arrangements to conduct the visits as soon as possible within the week Thank you, Brian   From: Kelly Viselman [mailto:kelly@seniorcaucus.org] Sent: Wednesday, May 16, 2018 5:07 PM To: Barnes, Brian Cc: Mallon, Jessica L. ; Emily Coffey ; Jones, Eugene ; Messier, Derek ; AMANDA M ; Housing Rights and Nondiscrimination ; Cullerton, John Subject: Re: FW: Reasonable Accommodation Request Forms - Mulvey Place [Quoted text hidden] https://mail.google.com/mail/u/0/?ui=2&ik=240ce424b6&jsver=_J1L9cKFJg4.en.&cbl=gmail_fe_180710.15_p2&view=pt&msg=1636f30e26fcbef3&q=BBarnes%4… 1/1 7/16/2018 Jane Addams Senior Caucus Mail - Reasonable Accommodation Request Forms - Mulvey Place Kelly Viselman  Reasonable Accommodation Request Forms ­ Mulvey Place  Kelly Viselman  Thu, Jun 21, 2018 at 3:54 PM To: "Barnes, Brian"  Cc: Emily Coffey , AMANDA M , Ken Walden Hi Brian,    I've just spoken to residents at Mulvey who still are without grab bars. It has not been almost three months since their request has been made and we are looking to resolve this issue more quickly. Do you have an update on the status of when these will be installed?    I've cced Ken Walden from Access Living who is interested in joining a meeting between JASC and yourself to discuss how to improve this process for residents in the future. Can you send me some dates in July that would work for you to meet?    Best,  Kelly    [Quoted text hidden] [Quoted text hidden] https://mail.google.com/mail/u/0/?ui=2&ik=240ce424b6&jsver=_J1L9cKFJg4.en.&cbl=gmail_fe_180710.15_p2&view=pt&msg=1642420921e71367&q=BBarnes%… 1/1 7/16/2018 Jane Addams Senior Caucus Mail - Reasonable Accommodation Request Forms - Mulvey Place Kelly Viselman  Reasonable Accommodation Request Forms ­ Mulvey Place  MOTYKA, AMANDA M  To: Kelly Viselman , "Barnes, Brian"  Cc: Emily Coffey , Ken Walden  Thu, Jun 21, 2018 at 6:19 PM FHEO is concerned that the timeliness is closing in on denial. We’d like to see the installation as soon as possible.   Get Outlook for iOS From: Kelly Viselman Sent: Thursday, June 21, 2018 3:54:32 PM To: Barnes, Brian Cc: Emily Coffey; MOTYKA, AMANDA M; Ken Walden [Quoted text hidden]   [Quoted text hidden] https://mail.google.com/mail/u/0/?ui=2&ik=240ce424b6&jsver=_J1L9cKFJg4.en.&cbl=gmail_fe_180710.15_p2&view=pt&msg=16424a5b1c511fd9&q=BBarnes%… 1/1 7/16/2018 Jane Addams Senior Caucus Mail - Reasonable Accommodation Request Forms - Mulvey Place Kelly Viselman  Reasonable Accommodation Request Forms ­ Mulvey Place  Kelly Viselman  Fri, Jun 29, 2018 at 2:04 PM To: "Barnes, Brian"  Cc: Emily Coffey , AMANDA M , Ken Walden Brian,    I still have not heard back from you regarding the status of the grab bars and I am concerned.    Kelly    On Thu, Jun 21, 2018 at 3:54 PM, Kelly Viselman  wrote:  [Quoted text hidden]       ­­   [Quoted text hidden] https://mail.google.com/mail/u/0/?ui=2&ik=240ce424b6&jsver=_J1L9cKFJg4.en.&cbl=gmail_fe_180710.15_p2&view=pt&msg=1644cef282c05458&q=BBarnes%… 1/1 7/16/2018 Jane Addams Senior Caucus Mail - Reasonable Accommodation Request Forms - Mulvey Place Kelly Viselman  Reasonable Accommodation Request Forms ­ Mulvey Place  Barnes, Brian  Mon, Jul 2, 2018 at 3:59 PM To: Ken Walden , Kelly Viselman  Cc: Emily Coffey , AMANDA M , "Williams, Alise E" Good Afternoon: I apologize for the delay in getting back to you in regards to this issue. I have been informed that the grab bars were ordered in May from Lowe’s but have not arrived yet.    The property manager is going to follow up with procurement about this, and then I will let you know more about this.   I have asked the Portfolio Manager for the region who is copied on this e-mail to intervene as well so that this issue can be resolved as quickly as possible. Please let me know if you have any other issues. Brian   From: Ken Walden [mailto:KWalden@accessliving.org] Sent: Monday, July 2, 2018 12:04 PM To: Kelly Viselman ; Barnes, Brian Cc: Emily Coffey ; AMANDA M Subject: RE: FW: Reasonable Accommodation Request Forms - Mulvey Place [Quoted text hidden] https://mail.google.com/mail/u/0/?ui=2&ik=240ce424b6&jsver=_J1L9cKFJg4.en.&cbl=gmail_fe_180710.15_p2&view=pt&msg=1645ccb8262c0272&q=BBarnes%… 1/1 7/16/2018 Jane Addams Senior Caucus Mail - Reasonable Accommodation Request Forms - Mulvey Place Kelly Viselman  Reasonable Accommodation Request Forms ­ Mulvey Place  Barnes, Brian  Mon, Jul 2, 2018 at 4:22 PM To: Ken Walden , Kelly Viselman  Cc: Emily Coffey , AMANDA M , "Williams, Alise E" Good Afternoon: I just received an update that the grab bars will be delivered to Mulvy place by the vendor tomorrow and will be installed thereafter. Thank you, Brian   From: Ken Walden [mailto:KWalden@accessliving.org] Sent: Monday, July 2, 2018 12:04 PM To: Kelly Viselman ; Barnes, Brian Cc: Emily Coffey ; AMANDA M Subject: RE: FW: Reasonable Accommodation Request Forms - Mulvey Place [Quoted text hidden] https://mail.google.com/mail/u/0/?ui=2&ik=240ce424b6&jsver=_J1L9cKFJg4.en.&cbl=gmail_fe_180710.15_p2&view=pt&msg=1645cdfd1662ecc9&q=BBarnes%… 1/1 7/16/2018 Jane Addams Senior Caucus Mail - Reasonable Accommodation Request Forms - Mulvey Place Kelly Viselman  Reasonable Accommodation Request Forms ­ Mulvey Place  Kelly Viselman  Tue, Jul 3, 2018 at 9:36 AM To: "Barnes, Brian"  Cc: Ken Walden , Emily Coffey , AMANDA M , "Williams, Alise E"  Thank you for this update.    Kelly  [Quoted text hidden] [Quoted text hidden] https://mail.google.com/mail/u/0/?ui=2&ik=240ce424b6&jsver=_J1L9cKFJg4.en.&cbl=gmail_fe_180710.15_p2&view=pt&msg=1646092b4e6bfb74&q=BBarnes%… 1/1 7/16/2018 Jane Addams Senior Caucus Mail - Reasonable Accommodation Request Forms - Mulvey Place Kelly Viselman  Reasonable Accommodation Request Forms ­ Mulvey Place  Kelly Viselman  Tue, Jul 3, 2018 at 9:51 AM To: "Barnes, Brian"  Cc: Ken Walden , Emily Coffey , AMANDA M , "Williams, Alise E"  Brian, one last question: Do you have a date by what date they will be installed?    Best,  Kelly    On Tue, Jul 3, 2018 at 9:36 AM, Kelly Viselman  wrote:  [Quoted text hidden]       ­­   [Quoted text hidden] https://mail.google.com/mail/u/0/?ui=2&ik=240ce424b6&jsver=_J1L9cKFJg4.en.&cbl=gmail_fe_180710.15_p2&view=pt&msg=16460a0f3fc9c2ca&q=BBarnes%4… 1/1 7/16/2018 Jane Addams Senior Caucus Mail - Reasonable Accommodation Request Forms - Mulvey Place Kelly Viselman  Reasonable Accommodation Request Forms ­ Mulvey Place  Barnes, Brian  Tue, Jul 3, 2018 at 1:08 PM To: Kelly Viselman  Cc: Ken Walden , Emily Coffey , AMANDA M , "Williams, Alise E"  Hello: staff informs me that the bars should arrive today and be installed no later then tomorrow.   Thanks, Brian  From: Kelly Viselman Sent: Tuesday, July 3, 2018 9:51:57 AM To: Barnes, Brian Cc: Ken Walden; Emily Coffey; AMANDA M; Williams, Alise E [Quoted text hidden]   [Quoted text hidden] https://mail.google.com/mail/u/0/?ui=2&ik=240ce424b6&jsver=_J1L9cKFJg4.en.&cbl=gmail_fe_180710.15_p2&view=pt&msg=16461555162d1a32&q=BBarnes%… 1/1 7/16/2018 Jane Addams Senior Caucus Mail - Reasonable Accommodation Request Forms - Mulvey Place Kelly Viselman  Reasonable Accommodation Request Forms ­ Mulvey Place  Barnes, Brian  Thu, Jul 5, 2018 at 12:07 PM To: Ken Walden , Kelly Viselman  Cc: Emily Coffey , AMANDA M , "Williams, Alise E" , "Jones, Kevin T."  Good Afternoon: I spoke to staff this morning, the bars arrived at 4:00 pm on Tuesday and they should all be installed by C.O.B. Friday. Staff will e-mail confirmation when all work is finished. Thank you for your patience Brian   From: Ken Walden [mailto:KWalden@accessliving.org] Sent: Tuesday, July 3, 2018 2:46 PM To: Barnes, Brian ; Kelly Viselman Cc: Emily Coffey ; AMANDA M ; Williams, Alise E [Quoted text hidden] [Quoted text hidden] https://mail.google.com/mail/u/0/?ui=2&ik=240ce424b6&jsver=_J1L9cKFJg4.en.&cbl=gmail_fe_180710.15_p2&view=pt&msg=1646b69b10f7eeb6&q=BBarnes%… 1/1 EXHIBIT May 17, 2017 VIA EMAIL Ms. Janet Elson Regional Deputy Counsel, Region V U.S. Department of Housing and Urban Development 77 W Jackson Blvd #2600 Chicago, IL 60604 RE: Chicago Housing Authority Relocation under the Rental Assistance Demonstration Dear Ms. Elson: I am writing on behalf of the Jane Addams Senior Caucus (“JASC”), whose members include residents at the Caroline Hedger Apartments and the Judge Fisher Apartments. We are requesting a meeting with you to discuss our concerns regarding the renovations of many Chicago Housing Authority (“CHA”) senior buildings through the Rental Assistance Demonstration (“RAD”) and to request an investigation into the CHA to ensure that future RAD conversions and rehabilitation do not pose a hardship on the CHA’s senior and disabled residents. Background on CHA and RAD In October 2013, CHA submitted a portfolio application to the U.S. Department of Housing and Urban Development (“HUD”) to convert 64 public housing developments under RAD. CHA chose to convert the public housing units to project-based vouchers. In June 2015, CHA received a portfolio-wide Commitment to enter into a Housing Assistance Payment (“CHAP”). The Judge Fisher Apartments are anticipated to finalize the RAD conversion in the coming months. The Caroline Hedger Apartments converted to project-based vouchers in October 2016. With the flexibility afforded CHA under RAD, CHA is conducting large scale renovations at many of its existing public housing developments. The issues experienced by seniors at the Judge Fisher and Caroline Hedger Apartments raise serious concerns regarding the CHA and its agents’ compliance with Section 504 of the Rehabilitation Act (“Section 504”), the Uniform Relocation Assistance and Real Property Acquisition Policies Act (“URA”), and RAD program rules, including PIH Notice 2012-32 and PIH Notice 2016-17. In response to a Freedom of Information Act request, the CHA stated that it has no written relocation plan in place for any of its senior buildings undergoing, or that have already undergone, large scale renovations that require residents to move off site. Without a relocation plan, the issues faced by Fisher and Hedger seniors will likely be repeated as CHA continues to rehabilitate its senior buildings under RAD. Issues at the Judge Fisher Apartments The Judge Fisher Senior Apartments are located in Chicago’s Edgewater neighborhood, at 5821 N. Broadway. Judge Fisher is home to 195 senior households. On March 19, 2015, certain Judge Fisher residents received notice that: (1) They needed to move off site; (2) That they needed to select a unit to move to by March 31; and (3) That they would be moved by the first week of May 2015. On information and belief, these residents resided in three tiers of the Judge Fisher building. The relocated residents remain – 2 years later – in their temporary housing in other CHA senior developments. Rather than providing housing counseling for displaced seniors, CHA provided seniors a list of north-side units they were told they could move to. The list included apartments seniors later learned were off limits because they were not public housing units. When residents went to view these units, management at those buildings were unaware that they had received these lists and were unaware that these residents were to receive priority in moving to those units. Residents were also given significantly less than the 90 days they are entitled to under the URA, and were not provided with the support they needed to make informed choices about where they were to be relocated. This occurred even though the CHA’s FY 2015 Annual Report anticipated that construction would take more than a year, from March 2015 until September 2016.1 The rushed nature of the process was especially difficult for seniors, many of whom have disabilities. Residents with Limited English Proficiency were also not provided translation support or other assistance in locating the units. To date, these residents remain in the units they were relocated to, although many have retained their right to return to Judge Fisher. The CHA contacted residents in April 2016, to determine whether the tenants still wished to return to Judge Fisher Apartments when construction was complete. While many maintained the right to return to Judge Fisher, residents report that it has been more than a year since the CHA has contacted them with information about when they can return to their community. Under the URA, seniors become eligible for relocation assistance and payments as a displaced person when temporary relocation exceeds one year, and every time thereafter that temporary relocation extends beyond the previously anticipated duration.2 Residents should have been offered permanent relocation opportunities at the outset, and provided additional follow up when construction delays resulted in residents remaining off-site for longer than anticipated. The CHA should have provided seniors with the initial option either to: (1) be temporarily relocated, retain the right to return to Judge Fisher when a unit becomes available and receive assistance, including temporary housing and reimbursement for all reasonable out-of-pocket expenses associated with the temporary relocation; or (2) accept voluntary permanent relocation assistance and payments equivalent to what a “displaced person” would receive under the URA, along with accompanying written explanation that permanent relocation forfeits the right to return. The CHA also should have provided the resident with at least 30 days to decide whether to remain temporarily relocated or to voluntarily relocate permanently. See Chicago Housing Authority’s Amended FY2015 MTW Annual Plan, p. 23 available at http://www.thecha.org/file.aspx?DocumentId=1648 2 HUD Tenant Assistance, Relocation, and Real Property Acquisition Handbook 1378.0, Chapter 2, Section 2-7. 1 2 Residents who remained at Judge Fisher during the renovation were also required to move into their renovated units with minimal notice. Residents were notified in advance that they would have to move to a new unit, but the moving date provided was rarely the date they actually moved. When the unit became available, they experienced a rushed relocation. The relocation specialist asked residents to sign a waiver of the 30 day notice requirement, which resulted in residents receiving as little as 2 days notice that they would be moved. The relocation specialist did not assist residents with the transfer of their utilities or assist residents with disabilities with their reasonable accommodation needs. 2 days notice meant that residents did not have their utilities immediately transferred, and it was a significant hardship on seniors who did not have any assistance packing. Residents who did not waive the 30 day notice requirement were provided notice well in excess of when they actually moved, which meant that seniors were living out of boxes for months as their moving date was continuously delayed as they were living on the contractor’s schedule. Still, months after moving, seniors continue to report that the movers placed their furniture in unsuitable locations, in the corners of their unit or in the middle of their unit. Frail seniors cannot move heavy furniture without assistance. These relocations were a nightmare for disabled seniors, who should have received help with reasonable accommodations throughout this process. To make matters worse, Judge Fisher Apartments’ heating source stopped working in the middle of renovations, as CHA upgraded the building’s heating source. Residents in these units spent a full winter with only space heaters heating their apartments. Residents were provided space heaters to heat their units, but it took months and extensive involvement of my office for residents to be reimbursed for the added expense. According to their lease, heat is included with their rent and they do not receive a utility allowance to offset their heating costs, and their utility allowance is not calculated with the use of a space heater in mind. In spite of this, residents were initially only provided a Jewel gift card as compensation for these increased heating costs. Although the CHA’s CEO Eugene Jones committed at a meeting on January 29, 2016 that residents would immediately be compensated for the added expense, residents were not compensated until May 2016. This meant that seniors on very fixed incomes were required to carry that additional cost for months. Issues at the Caroline Hedger Senior Apartments Unfortunately, many of the issues that Judge Fisher residents experienced continued at the Caroline Hedger Apartments, where the CHA’s next large renovation occurred. Caroline Hedger Apartments is a senior building located in the Rogers Park neighborhood at 6400 N. Sheridan. Caroline Hedger Apartments is home to 436 senior households. In August 2015, the Caroline Hedger Senior Apartments began relocating residents in anticipation of major renovations of the units and other capital improvements. Although this time the CHA did provide residents with a housing designation and assistance in locating alternative housing, and residents were given a document labeled a “90 day notice”, families were scheduled to move less than a month after they received their 90 day notices. Residents were also not afforded their full URA Rights, and residents who opted for permanent relocation were not given the option of obtaining a Housing Choice Voucher. To date, residents with the right to return remain off site. Seniors at Caroline Hedger also experienced many of the same issues with their moves within the building. In many cases, seniors were told well in advance of their scheduled move that they would be moving by a certain date. That date would come and go with little communication from CHA or 3 its management agents. Meanwhile, seniors were living in boxes for months, waiting for the contractors to be ready for their move. When the moving date was finalized, seniors were given only a few days notice that they would have to move and little help with reasonable accommodations. When residents were moved in, their furniture was frequently not placed where it belonged and seniors were unable to move the furniture to the right place and were not always provided assistance in moving the furniture within the newly renovated unit. Perhaps the most alarming issue at Caroline Hedger is that the renovation resulted in the property becoming less accessible for disabled seniors. The units at Caroline Hedger all had grab bars installed in their bathrooms prior to the renovations. Unfortunately, when residents moved to their newly renovated units, there were no grab bars installed. This occurred in spite of a 2014 CHAordered property conditions report by Professional Service Industries, Inc. that specifically noted that grab bars were installed as a matter of course.3 Residents complained about the lack of grab bars in their new units, and repeatedly stated that, without grab bars, their units are unsafe and that they had fallen or were fearful of falling. Instead of granting reasonable modification requests – or informing residents of the reasonable modification process—CHA CEO Eugene Jones told residents at a resident meeting in June 2016 that every unit would have grab bars installed immediately. By December 2016, most residents still did not have grab bars, despite seniors making repeated requests to management and the construction contractors from Madison Construction. A representative from the Caroline Hedger Tenant Association even made a request at a CHA Board Meeting, stating that seniors at his building were in need of grab bars. Although disabled seniors began moving into the renovated units as early as December 2015, most residents did not have grab bars installed in their units until the following winter, after the Jane Addams Senior Caucus and the Shriver Center began a reasonable modification campaign and submitted dozens of written reasonable modification requests on behalf of residents. It is outrageous that accessibility features were removed from these units to begin with, and that frail seniors were moved to units that were unsafe for them. Caroline Hedger residents also experienced similar problems with the heat. Unfortunately, the CHA did not learn from the mistakes at Judge Fisher and instead repeated them. In December 2016, the Jane Addams Senior Caucus and I conferred with the City of Chicago’s Department of Buildings after residents complained about inadequate heat in the unrenovated units. As a result, residents were provided space heaters to ensure temperatures in their apartments had heat. Residents were again provided with gift cards – this time VISA gift cards – but when they attempted to pay their ComEd bills with this, ComEd would not accept them. While the CHA did compensate residents more quickly for the additional cost than CHA did for Judge Fisher residents, this would not have occurred without our oversight and advocacy. Our Requested Remedy While many of the issues were eventually resolved through involvement by my office and the Jane Addams Senior Caucus, we are extremely concerned about the CHA’s response at these two properties. We understand that many of CHA’s other senior buildings are also anticipated to 3 Caroline Hedger Apartments, Chicago, Illinois PSI Project No. 417-7F006-42 (p. 54) (enclosed). 4 undergo renovations in the near future, including at Armour Square Apartments (3250 S Wentworth Ave), Albany Terrace (3030 W 21st Pl), Thomas F. Flannery Apartments (1507 N Clybourn Ave) and Irene McCoy Gaines (3700 W Congress Pkwy). We request that HUD review the CHA’s compliance with Section 504 of the Rehabilitation Act, PIH Notice 2012-32, PIH Notice 2016-17, and the Uniform Relocation Assistance and Real Property Acquisition Policies Act. We are also requesting that HUD request a written relocation plan for all senior buildings where residents will have to move, either off site or within the building. At a minimum, future relocation must comply with HUD’s rules and regulations, including the Uniform Relocation Act, Section 504 of the Rehabilitation Act, the Fair Housing Act, and PIH Notice 2016-17. This plan should include: 1. Regular communication with tenants at the building regarding the renovation, translated into the major languages in the building. This should include regular updates regarding when tenants are expected to move into their new units and updates if those dates change. 2. An on-site relocation coordinator with regular office hours, who can process reasonable accommodation requests and assist with utility transfers. 3. In senior buildings, the need for reasonable accommodations should be presumed. Residents should be asked, affirmatively, whether they need additional assistance. The relocation coordinator should meet with each household individually and create a moving plan that is clear and meets the specific needs of the household. 4. Regular communication with residents who maintain their right to return, including any changes to the construction schedule. The Jane Addams Senior Caucus is also request a meeting with HUD to discuss these issues and a proposal to ensure that these issues do not occur in future rehabilitation under RAD. We are requesting your presence, along with Nancy Richards, John Garrett, Maureen Thurman, Erik Sandstedt, and Amanda Moteka. Please provide a number of dates in June 2017 when we can meet to discuss these concerns in greater detail. Sincerely, Emily J. Coffey, Esq. Staff Attorney, Housing Justice Sargent Shriver National Center on Poverty Law (312) 724-8411 emilycoffey@povertylaw.org CC: Maurice McGough, Director, Region V, Office of Fair Housing and Equal Opportunity 5