New Guidance Clarifies Application of Olmstead to HUD Programs
The U.S. Department of Housing and Urban Development (HUD) has issued a document outlining how the Supreme Court’s ruling in Olmstead v. LC applies to HUD’s programs and activities. The guidance clarifies that HUD and any entities receiving financial assistance from HUD must provide housing for people with disabilities in the most integrated setting appropriate to their needs. HUD defines integrated settings as “those that provide individuals with disabilities opportunities to live, work, and receive services in the greater community, like individuals without disabilities.”
The guidance also includes examples of integrated settings, such as: scattered-site apartments providing supportive housing, rental subsidies that enable individuals with disabilities to obtain housing on the open market, and apartments for individuals with disabilities scattered throughout housing developments. “By contrast,” the guidance states, “segregated settings are occupied exclusively or primarily by individuals with disabilities.” Click here to read the full HUD guidance.