Housing for people with I/DD - John Maltby Co-Director, NY Housing Resource Center
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Housing for people
with I/DD
John Maltby
Co-Director, NY Housing Resource Center
NYAII AANE 2021 1
Current work
• Housing Resource Center https://nyhrc.org/index.php
• Website Information & Resources
• Regional Housing Collaboratives
• Master Housing Navigators
• Housing Resource Center
• Statewide Learning Institute
• Community Education
• Technical Assistance
• Housing Navigation pilot projects
• Institutional Bias
• Housing Navigation
• DDAC Residential Committee
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“What would you say if... you could create very
affordable housing and not have to spend a
dime on bricks and mortar?...the housing was
Housing Crisis
unencumbered by government regulations, at
the same time you could meet the special
housing needs of seniors and persons with
developmental disabilities..”
-It’s time for change, NYS OMRDD 1996
• Group homes are an economic construct
• Group homes are unsustainably costly
• Individual Service Planning Model (ISPM) Scores 1 & 3
• CRO =reinstitutionalization of ISPM 4, 5 & 6
• Change is coming
• People are living longer – and have issues of
aging
• People are more educated
• There is a labor shortage
• Enabling technology is more available
• The law and regulation require change
• We know what best practices are
• We are underserving
© 2019 NY Alliance
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Housing as Healthcare
https://nextcity.org/daily/entry/housing-in-
brief-why-new-jersey-is-paying-hospitals-to-
build-housing
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New models for housing
• Self Direction is vital
• Fundamentally about Person Centeredness
• Creating Social Capital
• Creating financial capital
• Understanding Support Needs
• Planning
• Transition
• Sustaining
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Social Capital
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Financial capital
• Working
• SSI/SSDI/SNAP/ we all know
• What else do we need to know?
• Substantial Gainful Activity
• In Kind Support and Maintenance (ISM)
• Value of One Third reduction (VTR)
• Presumed Maximum Value (PMV)
• Childhood Disability Benefit (CDB)
• 50% of parental Full Retirement Age while living, 75%
when deceased.
• SGA Risk
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CDB Effect on Benefits
• Receiving CDB may reduce SSI by the same
amount
• Receiving CDB may affect Medicaid and other
benefits
• Effect of a 1st person SNT
• Make an account
$849 *50% = $425
$849* 75% = $637 x 40 years =$305,760
$3,680 * 50 % =$1,840
$3,680 *75% =$2,760 x40 years =$1,324,800
https://www.ssa.gov/myaccount/assets/materials/
EN-05-10378.pdf
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Break Even Point & 1619
• 1619 (a) continued eligibility applies
when earnings exceed SGA
• Applies until Break Even Point (BEP)
• BEP = (FBR +State) x 2 +85 = in NYS
((794 +87)x 2) + 85 = $1847 x12 =
$22,164
• 1619 (b) Continued eligibility
• NY 1619b Threshold 2021, $46,316
• Medicaid buy-in $64,836
https://www.health.ny.gov/health_care/medicaid/program/buy_in/
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OPWDD Housing Subsidy
• First register for Section 8
• OPWDD based on HUD Tenant Based Rental
Assistance
• HUD Fair Market Rent (FMR)
• No change since 2012
• Comparison to current HUD
• Treatment of Section 8 or USDA section 521
• Recent Withhold concerns
• Recent regulatory updates
• Other States, e.g. New Jersey
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NY HRCHousing support
• Home Energy Assistance Program (HEAP)
• Weatherization Assistance Program (WAP)
• Earned Income Disregard (EID)
• Earned Income Tax Credit (EITC)
• Voluntary Income Tax Assistance (VITA)
• https://www.ytionline.org/
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NY HRCProtecting Earnings & Savings
• Plans for Achieving Self Support (PASS)
• Impairment Related Work Expense (IRWE)
• Supplemental Needs Trusts (“Special
needs” (SNT)
• First Person
• Third Person
• Achieving a Better Life Experience (ABLE)
accounts
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NY HRCSelf Direction
• Other than Personal Services (OTPS)
• Phone/Internet/alarm/AT
• Individual Directed Goods & Services (IDGS)
• Maintenance/appliances/professional services
• Live in Caregiver
• Section 131, Rental subsidy
• Paid Neighbor
4 Question Test
• Can be more than one 1. Be related to a valued outcome in the
person’s life plan
2. Increase the person’s independence
and/or health & safety
3. Not be an OTPS excluded item
4. Not be funded through any other
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NY HRCUnderstanding Support
• “He’s not ready”
• Identify functional needs
• Direct Support Professional time
• Can their time – does their time, need to be
shared?
• “Natural” supports
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NY HRCWho with?
• Economics
• Compatibility
• Complimentary character
• History
• Interests
https://inthedriversseat.org/
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NY HRCHCBS Settings Rules
https://www.disabilityscoop.com/2019/08/29/
https://www.medicaid.gov/federal-policy- feds-continue-tweak-medicaid-waiver-
guidance/downloads/cib080219.pdf NYAII 2020
rule/27087 NY Alliance \ 16
NY HRC
© 2019 NY Alliance
All Rights Reservedhttps://nyalliance.org/images/downloads/shar
ed_living_tool_kit_report_12_3_17.pdf
NYAII 2020 17
© 2019 NY Alliance
All Rights ReservedFamily members whose relative with I/DD lived in a
planned community or campus where only people
with I/DD live were significantly happier with where
their loved one lived than people with I/DD who
lived in a planned community or campus where only
people with I/DD lived (2019 CFP Housing survey)
• Belong vs Belong
• Home vs. Home
• Gated
• Planned
• What do the
people want?
NYAII 2020 NY Alliance \ 18
NY HRC
© 2019 NY Alliance
All Rights ReservedIntentional Communities
What Works What doesn’t work
• Intention • It’s not a housing option
• Communal Activity • Failure in Commitment
• Work • Move to Paid DSPs only
• Volunteers and Life • Failure to adapt to
Sharers Societal Change
• Integration • Failure to adapt funding
• Funding • Governance
NYAII 2020 NY Alliance \19
NY HRC
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All Rights ReservedState concerns
• Regulation & Funding
• HCBS Waiver requirements
• Research, Best Practice and the
Precautionary principle The Precautionary Principle:
Protect the public from
• History, old and more recent exposure to harm, when
scientific investigation has
found a plausible risk. These
protections can be relaxed
only if further scientific
findings emerge that provide
sound evidence that no harm
will result
NYAII 2020 NY Alliance \ 20
NY HRC
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All Rights ReservedWhere? Zoning and Definition
of terms
What’s a family?
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NY HRC
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All Rights ReservedWhere?
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NY HRC
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All Rights Reserved• Enclave
or
Neighborhood ghetto?
• Include
or
exclude?
© 2019 NY Alliance
NY Alliance \ 23
NY HRC
All Rights ReservedOwnership
• By the person
• By their family
• By a group of families
• By a corporation
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NY HRCRenting
• Affordable Housing
• Supportive Housing
• Supported Housing
• Public Housing
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NY HRCDisability Rent Increase Exemption
(DRIE)
Senior Rent Increase Exemption (SCRIE)
https://access.nyc.gov/programs/disability-
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NY HRC
rent-increase-exemption-drie/ © 2019 NY Alliance
All Rights ReservedTransition Stipends
• Must be responsible for the residence (owner or
leaseholder)
• Fund basic and necessary expenses for
establishing a residence
• Community Transition Services (CTS)
• HCBS Waiver service
• Available to those moving from certified setting
• Up to $5,000, inclusive of security deposit
• OPWDD Housing Subsidy (formerly ISS or SD )
• Up to $3,000 to furnish a residence
• Additional funds available for security deposit
• Check NYAII YouTube
https://youtu.be/4rRODGrfYu0
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NY HRCNYAII AANE 2021 NY Alliance \ 28
NY HRCNYAII AANE 2021 29
Conclusion
“You never let a serious crisis go to waste”
- Fundamental rethink
- A sense of urgency
Self Direction
https://youtu.be/5uHaty5TVbA
jmaltby@nyalliance.org
NYAII AANE 2021 NY Alliance \ 30
NY HRC
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