About Barry N. Saunders Expertise All aspects of Veteran's Administration (VA) disability issues involving applying for benefits, Title 38 actions, claims, awards, and the appeal process.
Experience Over 20 years expereince in DoD Personnel involving seperations, retirements, and Personal Affairs issues. Successfully settled Veteran's Administration Cases awarded 100% disability. Additionally settled Social Security Disability Claims through initial application through the appeals process.
Organizations Air Force Sargents Association, Disabled American Veterans (DAV), American Legion, Delaware Veterans (DelVets)
Education/Credentials Master of Science Degree (MS), International Relations, Troy State University
Bachelor of Arts Degree (BA), Social Science, Louisiana Tech University
Associates in Applied Aerospace Science (AAS), Personnel, Community College of the Air Force
re:On September 12, 2000, HUD
published a final rule in the
Federal Register allowing PHAs to
establish a Section 8 homeownership
program. Through this program,
Section 8 households can use their
housing assistance payments toward
homeownership expenses. In October
of 2002, HUD published some amendments
to the final rule that changed
some of the program guidelines, especially
for people with disabilities.
PHAs are not required to administer
a Section 8 homeownership
program. In fact, PHAs must demonstrate
to HUD that they have
the capacity to administer
the Section 8 homeownership
program, which differs in
many ways from the rental
assistance program. The PHA
Plan should document a PHA’s intention
to implement a Section 8 homeownership
program.
PHAs do not receive any additional
funding if they decide to offer this
option. As a result, some PHAs may
be reluctant to establish a Section 8home
ownership program.
However, according to HUD regulations,
a PHA must offer the Section
8 homeownership option to a person
with a disability if it is needed as a
reasonable accommodation. In
other words, under certain
circumstances a PHA must
provide the homeownership
option to a person with a
disability even if the PHA
does not have an existing Section 8
homeownership program. An example
of this type of reasonable accommodation
might be a person with a
chemical sensitivity disorder who is
unable to find suitable rental housing
that meets his/her needs. In the
Section 8 Homeownership Final Rule,
HUD reminds PHAs that these accommodations
must be determined on a caseby-
case basis and be “reasonable” as
defined in the provisions of Section
504 of the Rehabilitation Act of 1973.
I have a chemical sensitivity disorder and am based in florida and nyc, nycha the new york city housign authority
does not have a large section 8 homeownershp program for anyone disabled or not, except for some pilot and few and far in between initiatives
DO THEY have to allow my rental payments to go towards ownership?
how do i bolster my case with them?
i have MCS and my landlord has a right to tak e and is taking my apt as soos as the emergency transfer voucher i got from nycha expires , which is soon, thus
a new condo where i have more autonomy abou tventialtion and climate control w/o there beign seepages in the walls where cooking and other fumes can get thru etc is optimally needed for my health and i have a doctors letter certifying the same
i would meet with great difficulty in inding a sutiable apt in the remaining time,
although i lived in an apt ( my current one) for a number of years i was very uncomfortable and had to leave the a/c on all the time to compens8 for the laundry fumes coming thru the poorly structured walls and flooring and , in any case i ahve to leave there soon anyways, usually , new construction would be best toalleviate my medical problem but apt's that r new in my price affordability range are hard to find
so can a case be made to force nycha to grant my request for a reasonable accommodation and allow my rental payments to go towards ownership? and specifically for a new codno that i won in a lottery under the affordable housing program?
Answer Dear J:
WOW! Ahhhhhhhhh, this is complicated. I don't believe the landlord for the apartment has to allow the payments to go towards ownership. You appear to have a case for the payments to apply towards your condo. You need an attorney that specializes in these issues. Check and see if there are lawyers that do pro-bono work for the disabled in your area.
