Feldman, director of the Community Access Project, Somerville was asked to provide guidance to the City of Somerville, which needed to update the Analysis of Impediments to Fair Housing ("AI). Feldman has been regularly encouraging the City of Somerville, since 2006, to meaningfully include the largest low-income minority- persons with disAbilities. (the writer's guidance is in blue; the City's questions are in black.) Then the City of Somerville staffer did not incorporate this guidance- which represents hours of volunteer labor by an engaged citizen! Instead, he used the City's prior boilerplate, which ignorantly assumes that people with disAbilities either require supportive housing; or, are perfectly fine being only channeled to live in "elderly/disabled public housing units, should one become available.

1. City of Somerville
2009 Update of Assessment to Impediment to Fair Housing Report
Questionnaire
This interview is to solicit information for the 2009 update of Somerville’s assessment to
impediments to fair housing report (A.I.). The A.I. seeks to identify the barriers to fair
housing opportunities in Somerville, and as much also the reasons for the existence to
these barriers. Your responses to the questions below will assist the City’s efforts in
affirmatively furthering fair housing in Somerville. Your answers are intended for the
purpose of this report only, and your identity and position will remain anonymous. This
interview is voluntary and you may refuse or end this interview any time during interviewing
process. Thank for your time and responses.
Note: this questionnaire was received via email on December 1, 2009 and this
response was emailed back on December 21, 2009. The Community Access &
Inclusion Project members thank you for the opportunity to participate in this
questionnaire.
We request, by return email:
Please email back a complete listing of groups and individuals who received this AI
Questionnaire in 2009. Thank you very much.
1. Which population group(s) does your organization serves or represents in Somerville?
Individuals, families and organizations dealing with, and advocating for,
disability-related issues.
2. Are there conditions in the City, both public and private, affecting fair housing choices
for the population your organization serves (this population)?
Yes. Somerville persons with disAbilities (PWD) are disproportionately subject to
housing disparities, including:
-worst case housing needs;
-discrimination in the rental and purchase of homes; and
-segregated, substandard, inaccessible and limited housing options.
In addition, and on a broader scale, PWD are notably subject to
-data collection disparities and omissions.
3. Are any of these impediments peculiar to this population?
Yes, there are unique disAbility-relevant markers for each of these impediments.
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2. Worst Case Housing Needs1: Recent studies have shown that, nationally, over 35 to
40% of non-elderly adults with disabilities live in the (6 million) households
nationwide with worst case needs.2 In Somerville, PWD are the largest single
minority in Somerville and have nearly 3 times the poverty rate of all other
minorities combined.3 We are aware, anecdotally, that there is a high percent
of Somerville PWDs (especially non-elderly adults) who are enduring worst-
case housing cost burdens. For subsidized and non-rental assisted units,
families with and without children and with at least one disAbled member also
endure worst-case substandard housing conditions. Yet, Somerville's 2005
Housing Needs Report fallaciously asserts, “Many people with disability status...
are not impaired in their.. access to housing and employment.”
Please seek to understand and track severe housing cost burdens for non-rental-
assisted householders who are PWD. In addition, a more accurate reflection
of the unique costs associated with disAbility that tend to create housing cost
burdens even for PWD who are rent-assisted will help to correct such
undermining. Substandard housing conditions will be more fully discussed
below, at Segregated, substandard, inaccessible and limited housing options.
PWD homelessness is also a worst-case housing need area that needs to be tracked.
The question is: what is the impact of Somerville's limited accessible or adapted
housing stock on families and individuals with disAbilities, who are currently
homeless? We learned that some local homelessness programs assume that people
with mobility-impairments are not in dire need of housing; this is not, in fact, true
nationally and we doubt that it is true for Somerville as well.
Discrimination in the rental and purchase of homes: New and rehabbed multifamily
housing stock is consistently being developed in Somerville that is not equally
accessible- and that tends to deny equal access to- to individuals with disAbilities, and
families with disAbilities that are seeking to rent and purchase homes in Somerville.
EXAMPLE, PUBLIC, 2009: In 2009, Somerville's Inclusionary Housing Program
marketed new housing in a PUD (“Union Place”) developed by the Somerville
Housing Group in collaboration with Somerville's Zoning Board. The City announced
that this group's 7 “accessible” housing opportunities were available by lottery in June of
2009.
On the day of the showing, there was no accessible route from the sidewalk to
the entrance, nor was any accessible (I.e.. non-step) entrance even offered; the
1As defined by HUD's Office of Policy Development and Research, 2 conditions are included under
Worst-Case Housing Needs: rental housing costs exceed 50% of income, and the housing is severely
inadequate.
2 SEE: KP Nelson. 2009. The Hidden Housing Crisis: Worst Case Housing Needs Among Adults With
Disabilities. Research for CCD Housing Task Force, funded by the Melville Charitable Trust under a
grant to the Technical Assistance Collaborative Inc.
3 Per 2007 ACS, Somerville, MA: 6.12% of "Foreign born" community members currently live below
poverty, and 17.2% of "individuals with at least one disAbility" currently live below poverty.
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3. project's ramped side door was added months later (photos available upon request).
Although there was a meeting held at City Hall the prior week, in which interested
viewers presumably came to sign up for the showing, that does not exempt the City
from ensuring that the Open House was accessible to whomever showed up to view
these housing opportunities. (Nor should it be presumed that this City Hall meeting
was announced in an accessible manner, since, at the time, the City's website was
known to be inaccessible in very basic ways, to visually impaired users.)
EXAMPLE, PRIVATE, 2009: 2 Benton Road, 02143. Over 30% of the fair cash value
of this property was spent to gut-rehabilitate this former nursing home into new
condominium opportunities, marketed in 2009. The entire project was subject to
521 CMR 3.3. This project was also at least subject to the requirements for Group
2B dwellings, per 521 CMR 9.00. In addition, the Zoning Board granted permission
for this developer to remove the prior front ramp- and neglected to require a
replacement ramp. Thus, this entire project was built in a manner that decreased
accessibility and useability; therefore, in violation of 521 CMR 3.3.4 (photos available
upon request).
[ In addition, if the cost of the 2 Benton rehab. exceeded $500,000, this would have
triggered 521 CMR 21.00 (curb Cuts)- whoever reconstructed those curb cuts at
Benton/ Summer Street in 07/08 did so in violation of 521 CMR 21.00 (photos and
measurements available upon request). ]
Segregated, substandard, inaccessible and limited housing options:
public housing needs ignored: The Somerville Housing Needs Assessment 2005,
p.41, uses the Somerville Housing Authority's numbers of: 7% disAbled households on
the Section 8 waitlist and 22% on the Public housing Waiting list (pp. 40-41).
In Somerville's subsidized housing sites, including Elderly/DisAbled housing, public
family housing, and other Section 8 properties managed by the subrecipient, the
public and common areas are largely not readily usable by PWD. (photos available
upon request). Somerville Housing Authority (SHA) has been stonewalling requests
by this Respondent for its updated Section 504 Self Evaluations, and not responding to
questions and information relevant to these structural impediments since at least
December 2008 (documentation available upon request).
Substandard and inaccessible housing conditions include insect and rodent
infestations, heating units and stoves not working for over 24 hours at a time, falling
plaster and other disrepair. These conditions are not unique to rent-assisted PWD
culture. However, the inaccessibility of public and common areas, the lack of
accessible streetscape amenities, and policies and procedures whereby tenants are
faced with social programmatic and housing-related obstacles are uniquely relevant to
worst-case housing for PWD in Somerville.
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4. City housing program strategies limited for nonelderly with disAbilities- and segregated
for Elderly/disabled: Somerville, with its Housing authority, and supported via HUD
Entitlement funds, has been expending much HUD and public/private funding on
newly constructed or demolished/rebuilt Elderly housing projects that are isolated
from the community and not near bus stops, and do not provide for the social needs
of nonelderly and childless individuals with disAbilities. These strategies tend to deny
low-income PWD families with children opportunities for subsidized units.
Segregated and inaccessible due to municipal neglect of ADA, Section 504
responsibilities: The City of Somerville continues to neglect sidewalk and curbcut
improvements even during Streetscape Reconstructions funded by local and CDBG
funds. This denies access to the community, especially for mobility-impaired and
visually-impaired residents. The City's HOME-funded housing inventory is required
to provide accessible routes , defined as routes that connect housing to the
sidewalks, parking areas, public transportation stops, and public facilities. This work
is regularly neglected in the projects- or is done in a manner that either violates or
decreases access code. (photos available upon request)
Data-collection disparities: PWD are significantly undercounted both in the dicennial
Census and the ACS; and PWD housing conditions are collected using limited income
proxies in the American Housing Survey. We do not yet have knowledge around
Somerville's PWD housing needs, as this has not yet been collected either for the Housing
needs survey or the Analysis of Impediments to Fair Housing.
Despite the current Somerville AI's assertions that “any census tract that has 5% higher
concentration than the City's overall percentage will be considered an area of
concentration,” PWD culture disparate housing conditions- which show over 30% poverty
concentrations in NRSAs and other areas- have been completely ignored. This has been
discussed in some detail within Feldman Citizen Comments to the Five-year (08-13) Con
Plan4 and your Office has also been referred to it in the subsequent AI complaint filed in
May '08.
4. What are reasons for the existence of these impediments?
We can only speculate... that there is a “decider” City Hall culture of willful neglect
and aversive disregard relevant to disAbility cultural rights, talents, needs...
5. How have local, state or federal policies, programs, regulations and requirements
affected the provision, availability and accessibility fair housing choices for this
population?(effects can either be positive or negative)
This lack of oversight, education, and monitoring to ensure that access code, civil
rights, and anti-discrimination protections are in place in Somerville is an
ongoing root Impediment to Fair Housing for PWD in Somerville.
4 SEE: http://www.slideshare.net/eilily/eis-final-08-cdbg-response
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5. 6. Are there structural, architectural or communication housing impediments facing this
population?
yes, yes, yes.
However, a major improvement was implemented on the City's website just
last week (week of December 14-18, 2009). We now have proof that the City
currently has the staffing capacity to make certain website accessibility
improvements as needed. That's Great!
7. What is the level of aware on the fair housing issues among this population?
Individuals and families throughout the State, with disAbilities, are acutely aware
of- and gravely concerned about- the lack of fair housing opportunities ( and all
municipal opportunities) in the City of Somerville. However, that does not mean
that the City is aware of many complaints. Fears of retaliation, combined with little
confidence in the City's willingness to improve these conditions, plus the mayor's
refusal to enter into constructive and meaningful dialogue, are three root causes for
the lack of publicized detection and education, and a significant deviation from civil
rights standards for PWD, in Somerville.
8. What is the level of aware among the general population on the fair housing
impediments facing this population?
Good question- please let us know what you find out!
9. Is there documented evidence to the impact of above regulatory tools on fair housing
choices for this population? HUD has documented, GAO has documented,
DHCD (State) has documented and other national, state and even local
advocacy groups. For example, DHCD shows that Somerville is among the top
15 cities in MA for MCAD disability-related housing discrimination complaints.
10. What are the resources (department, agency, program etc) within or outside Somerville
available to this population to address fair housing issues?
Residents can complain to HUD, and, for some housing issues, they can go to
MCAD and also the Fair Housing Center. We have a great corps of legal advocates in
Somerville and Cambridge area. Certain statewide advocacy resources are growing
their capacity to examine and document discriminatory Housing practices relevant to
PWD.
11. What is your assessment of these resources, if there are any? Steady Improvement.
12. What new policies and/or programs can the City adopt to increase fair affordable
choices for this population?
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6. a. Thank you for responding to the May 2009 Citizen complaint that the AI is
substantially complete. In your work, please ensure that information collection,
analysis, and written report are developed by consultants or consultant groups who
have proven expertise regarding civil rights statutes and regulations, Federal and State
architectural access code, disAbility cross-cultural issues, and life quality indicators.
We explicitly recommend that the City's AI Update work be inclusive of all
minority and low-income cultures and utilize consultants that are
contracted in the same manner that the City hires consultant groups to
accomplish its traffic, zoning, architectural, economic , etc. surveys, analysis
and reports for OSPCD. It is vitally important that the City invest in culturally-
competent guidance and staffing to ensure Somerville's healthy- and
marketable- 21st century development.
b. Since 2005, we have requested that the Mayor hire a knowledgeable, motivated
ADA Coordinator, who is chosen because of proven expertise and who is capable
of performing both the essential and complex aspects of the ADA Coordinator job.
In addition, OSPCD needs to have a capable, knowledge-driven Section 504/ADA
staff expert to train and provide resources in enabling your Office perform its housing,
economic and community development work in a manner that is nondiscriminatory at
every level and within every program, relevant to disAbility culture issues.
Related to the City's Housing Division, the current ADA coordinator, who is
incompetent to handle any part of an ADA/Section 504 Coordinator's duties and
responsibilities, claims5: “Housing is not covered by the ADA (except transient
housing, such as hotels and dormitories), since it is already covered by the Fair Housing
Amendments Act. “ This is not a true statement and should be removed, as aspects of
housing, such as public and common use areas, the policies and procedures used
to advertise, purchase, lease and rent housing, etc. are all covered by the ADA. In
addition, the City is responsible to inform, train and coordinate Somerville's
conformance with the Architectural Barriers Act and Section 504, as appropriate- as
well as the many other anti-discrimination, civil rights and architectural access code,
statutes and regulations.
We recommend that the Mayor follow through on the public promise he delivered
at the January 15, 2006 Martin Luther King celebration in front of a large
audience and then-Gubernatorial candidate Deval Patrick. Mayor Curtatone stated
that he was in the process of finding “the best ADA Coordinator” for the City of
Somerville. We continue to strongly recommend (as we have in our CDBG
comments since 2005) that OSPCD team ensure that it also has a knowledgeable
Section 504/ADA coordinator onboard and in-house to enable Someville's housing,
economic and community development activities to be planned, developed,
administered, and implemented without discrimination and affirmative of human
rights.
5 SEE City of Somerville webpage: Personnel- Americans with Disabilities Act
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7. c. In updating and including the housing needs of PWD, Somerville housing stock
must be evaluated with regards to conformance with accessibility provisions and
regulations. For example:
1. UFAS compliance: Please evaluate the type and number of new construction
housing constructed since 1984 and built with Federal funding sources; and
all Somerville's HOME and CDBG-funded substantial rehabs that used 75%
of replacement costs, receiving a Building permit after June 1984. Were these
units constructed and rehabbed compliant with UFAS? (UFAS code has been
enforceable since 1984 and covers any facility covered by the Architectural
Barriers Act of 1968 and Section 504 of the Rehabilitation Act of 1973.)
2. FHA Design Guidelines: Please evaluate the type and number of new
construction rental, lease and sale housing having four or more units built for
first occupancy since 3/13/91. Were these units constructed in adherence
with the Fair Housing Act Accessibility Guidelines? (March 13, 1991 is the
trigger date for the Fair Housing Act as amended Accessibility provisions, which
includes 7 scoping standards.
3. 521 CMR, ADAAG, Section 504, : Please evaluate“inclusionary “and
“Affordable” housing opportunities that have been offered since these
programs began. Were the rehabs. constructed in conformance with 521
CMR? Were these units offered to the public in conformance with ADAAG?
Did the City follow procedures that upheld Section 504's mandates? Looking
at these programs as a whole, are they administered with procedures and
policies ensuring that they have been, and are, equally usable by PWD?
Exactly how many accessible, affordable and integrated homerownership
opportunities have been created, and what is the percentage of these to the entire
tally?
d. Please ensure that the Somerville Fair Housing Commission has a member with
proven disAbility cultural competency, in order to improve that Commission's
capacity to recognize and track data compatible with Fair Housing issues relevant
to PWD. We are not talking about a member who states that they have just learned
how to use a TTY and now knows the phrase, “wheelchair-user.” Proven
competency in disAbility culture - as in all cultures- means that the individual has
both the lived experience, as well as a proven expertise in developing solutions for
this unique and diverse minority culture. This Commission can add a great deal of
important and usable information regarding impediments to Fair Housing for PWDs
from a variety of ages and cultures.
e. Please examine the policies, procedures and projects of the “Affordable and
Inclusionary Housing opportunities” programs offered through your Office and via
City Entitlement subrecipients. For example: what percent of homeownership and
other housing opportunities have been accessible? What percent adaptable? What
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8. criteria are you using to claim this? How do you do outreach? How do you ensure
that Visually impaired residents have equal communications and information
regarding at Homeownership Opportunities? What policies and procedures are in
place to ensure that your developers are truly offering housing that is appropriately
complaint with FHA State, and UFAS, etc. code?
EXAMPLE, SOMERVILLE INCLUSIONARY HOUSING, 2009: Just this past June your
Office actually allowed a major developer to hold an Open House for 7
“accessible” affordable housing units that was completely inaccessible on the day
of the showing. See discussion on page 2 about Union Place. The City explicitly
included language that invited community members needing accessible units to
apply. The marketing in June 2009 did not provide an affirmative opportunity; if those
7 units were constructed as Group 2A units, per CMR 521 9.00, we would like to know
more about how – and where- they were marketed, and purchased.
f. AI INFORMATION COLLECTION – SOME SPECIFIC RECOMMENDATIONS:
We recommend that, in updating this AI to include PWD, the City of Somerville gather
more accurate disAbility counts from the Survey of Income and Program Participation
(SIPP) and the National Health Interview Survey (NHIS). In addition, we recommend
that your Office undertake a special effort to collect information from other sources that
do not rely on merely income-source proxies for disability.
We recommend a strong focus regarding housing needs for families (with and
without children) that include nonelderly adults with disabilities, as well as very
low-income families that receive no housing assistance, yet who face severe rent
burdens and other significant environmental, economic and social barriers.
We recommend that a special effort be made to track disAbility disparities found
within other unique, and uniquely vulnerable, low-income minority groups, such as:
-for households where there is a single Female Head of Household,
-households in which the grandparent is in the primary caregiver role, and
-for minority ethnic and racial categories.
Thank you for your good work.
Your questions and comments are welcomed.
Please send to: CAPSom “@” verizon “.” com
sent on 12/21/09 via email to:
Emmanuel Owusu
Lead Program Coordinator, Housing Division
OSPCD, City of Somerville
City Hall Annex
50 Evergreen Ave., Somerville, MA 02145
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9. Tel: (617) 625 - 6600 Ext 2575
Fax: (617) 629 - 8035
Eowusu@somervillema.gov
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