HUD Reverses Decision on Setting Preferences in Senior Housing

The U.S. Department of Housing and Urban Development (HUD) dropped its investigation into federal funding for a Tempe, Arizona housing complex built primarily with building amenities for deaf senior citizens. The action ends a battle between HUD and the Arizona Department of Housing over the Apache American Sign Language (ASL) Trails project. The 75-unit apartment complex opened in the summer of 2011 with about $2.6 million in HUD grant and stimulus funding with a total construction cost of $16.7 million. The complex has design features to assist the deaf including strobe-light indicators for the fire alarms, doorbells and phones, as well as illuminated light switches. Apache ASL Trails is full and has a waiting list.

While HUD approved funding for the project in 2008, HUD headquarters decided two years ago that the practice of giving admission preference to deaf applicants for all apartments failed to attract many non-hearing-impaired residents in violation of Section 504 of the Rehabilitation Act of 1973. Yet, HUD reversed its decision last week by concluding Section 504 does permit Apache ASL Trails to give priority to renters who need the accessibility features of the units at the apartment complex.

HUD’s policy of allowing preferences for specific disabilities for all apartments has been unclear. In July 2013, HUD issued H 2013-21 to allow for owners to adopt, with HUD approval, admissions preferences specifically to house homeless families. Preference selection in HUD senior housing can be a tool to develop supportive housing including selecting a preference for those receiving a Medicaid waiver. While further clarification from HUD is needed on the preference selection application in senior housing, this decision may assist in using preference selection as a tool in developing supportive senior housing.

Contact: Ken Harris, kharris@leadingageny.org, 518-867-8835