The role of housing in implementing Olmstead, and why it matters to everyone

The 1999 Olmstead decision clarified the court’s intent to afford persons with disabilities the opportunity to live independently in and as part of the larger community, which in turn means access to opportunities available to all persons.

To quote from the ruling, the goal is to seek “the most integrated setting appropriate to the needs of qualified individuals with disabilities” or “a setting that enables individuals with disabilities to interact with non-disabled persons to the fullest extent possible.”

Housing is key to community integration, as where we live determines our access to a host of essential community services. HUD’s message on this is also clear:”Individuals with disabilities, like individuals without disabilities, should have choice and self determination in housing and in the health care and related support services they receive. For this reason, HUD is committed to offering individuals with disabilities housing options that enable them to make meaningful choices about housing, health care, and long-term services and supports so they can participate fully in community life.”

There are many efforts underway in Idaho to achieve the aims of Olmstead, and will take communication and coordination among all partners to create a diverse mix of housing choices throughout the state’s many regions. Housing alone doesn’t make a community accessible, but it’s a really good place to start.

Read more here: Olmstead and housing

Inclusive Design Gets Customers in the Door

By Erik Kingston, PCED

More and more single-family home buyers, builders and designers are recognizing the obvious: we’re all seniors in training (if we’re lucky), and each of us has friends, family members or neighbors with disabilities. We also understand that mobility status can change in a heartbeat.

This picture show a row of similar homes angling in from the right foreground to the center background, with the left side of the frame bouded by a sidewalk. Walkways connect the sidewalk to the covered and zero-step

Single-family homes with zero-step entries create a more inclusive neighborhood and social network. Photo credit: www.visitability.org

Housing affordability strategy. Economists calculate a 60% probability that every newly built single-family detached home will house at least one disabled resident—and a 91% chance that each new home will welcome disabled visitors during its useful life. Modifying an inaccessible home can be cost-prohibitive, time-consuming, and difficult. Removing barriers like steps can add $10,000 to $50,000 to the cost of a home, and adding ramps creates logistical and aesthetic challenges. These represent a surcharge, or tax on homebuyers with an ambulatory disability

Designing for access adds value—often without adding any cost.

Approximately 6% of Idahoans have a disability that limits mobility but less than 1% of Idaho’s housing stock is accessible or ‘visitable.’ A lack of visitable single-family housing for rent or purchase is a barrier to independent living, community integration and productivity. This has broad and lasting individual and societal consequences.

Smart Business Practice. Think of it. What other industry would tell half its potential customer base, “our products are not for you or your friends and family; we don’t need your business?”

As with most innovation, visitable single-family construction will evolve through a combination of customer demand, builder savvy, and/or regulation. The demand is there, based on the number of folks with mobility impairments who don’t need or want to live in an institution. Baby Boomers are aging, and we (and our parents) prefer the comfort and independence of living in homes that meet our changing needs.

Builders who anticipate these needs will start building and marketing Homes for Life, just as they now build to LEED and “Super Energy Good Cents” standards to attract customers who want to save energy costs. Creative and visionary builders will lead the way to a sustainable housing market, either by acquiring and renovating existing properties or building new homes to Universal Design standards. Here’s what the American Planning Association has to say on the topic:

“We know that an overwhelming majority of older adults desire to remain in their current homes,” Peters says. “It makes sense to plan on someone having a mobility disability, whether due to accident, illness, or age.”

Simple, cost-effective construction guidelines. Some building professionals are reluctant to consider ‘one more standard.’ There are also many popular misconceptions about the costs of creating ‘visitability’ (which is far simpler than fair housing design and construction standards).

Thankfully, the pros at Visitability.org (formerly Concrete Change) and elsewhere have researched real-world costs to build or adapt homes, and offer a set of practical, easy to implement construction guidelines that highlight two basic features:

  1. one zero-step entrance.
  2. doors with 32 inches of clear passage space.
  3. one bathroom on the main floor that someone in a wheelchair can enter and use with privacy.

Zero-step housing doesn’t involve building ramps; it relies on purposeful design, civil engineering and basic site prep to eliminate the need for a stepped barriers at the front, side or rear door. A zero-step entry may also connect the garage and main floor. In many cases, visitability can be achieved by simply specifying 2’10” or wider entry and passage doors.

Independent Living for Idahoans. The 2017 Assessment of Fair Housing (commissioned by Idaho Housing and Finance Association and Idaho Commerce) describes independent living this way.

“The most integrated setting is one that enables individuals with disabilities to interact with nondisabled persons to the fullest extent possible, consistent with the requirements of the Americans with Disabilities Act, 42 USC. 12101, et seq., and Section 504 of the Rehabilitation Act of 1973, 29 USC 794. See 28 CFR. part. 35, App. A (2010) (addressing 25 CFR 35.130).”

Under this principle, derived from the Supreme Court’s decision in Olmstead vs. L.C., institutionalized settings are to be avoided to the maximum possible extent in favor of settings in which persons with disabilities are integrated with nondisabled persons.

Increasing the percentage accessible units—for rent or purchase—in Idaho’s overall housing inventory supports the goals we all share for independent living for ourselves and for our family members. This creates home- and community-based options for those looking to avoid or transition out of institutional settings, and in doing so, supports Idaho’s goals to address the promise spelled out in the 1999 Olmstead Decision.

Medicaid savings. There’s plenty of talk about saving Medicaid costs at the state and federal level. According to the Genworth Cost of Care Calculator, a Medicaid-eligible Idahoan with access to a visitable residence (essential for home-based care) saves Idaho’s Medicaid budget over the cost of institutionalized care—the default for someone without visitable housing. Institutionalized care billing is for 24/7 services, whether required or not.

Another term used to described the movement toward de-institutionalization of Medicaid-eligible individuals created under the Deficit Reduction Act of 2005 is Money Follows the Person, which ‘…supports state efforts for rebalancing their long-term services and supports system so that individuals have a choice of where they live and receive services.’ More visitable housing makes this possible.

This doesn’t even account for the quality of life issues and personal independence that come with living in your own home with family or friends. Those interested in maximizing outcomes from Medicaid investments might consider advocating for housing that is both affordable and accessible.

Inclusive neighborhoods. Nearly all single-family subdivisions are built with stepped entries at the front, side and rear doorways—even a step between the garage and living space. One homebuyer (a local executive who uses a wheelchair) reflected on the broader social implications of design barriers after purchasing a brand-new home in a Boise subdivision:

“My wife and I spent a fortune to remove steps and re-grade walkways at every entrance to our home. Sure, it means my home is accessible, but if a neighbor invites us to dinner or asks me to look after their pets while they’re away, I have to decline. I don’t think most people know how isolating this can be, or how easy it is to design and build in access up front.”

Demographic changes. Wheelchair users are not all seniors. Wounded warriors, athletes and professionals all want housing that is close to services, retail, recreation and culture and that allows them to live independently. They represent a strong market for well-designed and well-built housing that can be used by anyone, whether they currently have a disability or not.

Access means business© Besides residential construction, small business represents a potential market for contractors with knowledge about accessible design practices. There are thousands of small businesses throughout America that can (and should) be made accessible. Someone has to build and install those ramps, widen doorways, and install grab bars in bathrooms. Even better, there are excellent tax incentives for small businesses to remove barriers.* See more on this at www.rampupidaho.org

Learn more. Here is one example of how we get to the point of equal access and independent living. To add more news, send an email to and type ‘accessible future’ in the subject line. Let’s do it.

 

*Note. The former Concrete Change web site contained several helpful resources that are not contained in the current visitability.org site, although a .pdf version of a portion of the original material is available here:

Archived Concrete Change resources (some links are inactive; as those resources are located they will be posted on this page).

Accessible Housing Matters, a podcast hosted by Realtor Stephen Beard, features interviews with industry professionals, architects, builders, homeowners and advocates addressing the design, construction, marketing and demand for housing with accessible features.

Idaho Access Project is an Idaho-based nonprofit working to eliminate physical, attitudinal, and policy barriers to ensure people with disabilities can live, work, and play in our neighborhoods and communities. They are seeking partnerships with architects, builders and developers interested in creating visitable subdivisions.

Information from the National Association of Home Builders

Future of Housing: Meeting Accessibility Needs from the AARP

Home For Life, a virtual tour from Remodeling Magazine demonstrating how to create or modify a home for the rest of your life.

Ramp Up Idaho, an initiative to raise awareness of the tax advantages and opportunities to expand small business retail activity by removing barriers to access.

Universal Design Principals

Multiple U.S. federal laws dictate accessibility requirements in the built environment as well as access to programs, activities and services. While it is necessary to understand and adhere to any and all specific laws, ‘Universal Design’ is a larger concept that has evolved over time and across political boundaries. Understanding these basic principals helps one appreciate the overall goals of various fair housing and accessibility regulations. Once again, it all comes down to customer service, and expanding our notion of potential customers as broadly as possible. Continue reading