FAQs

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A participant given a voucher is allowed to look for housing in the private rental market anywhere within HAMB's jurisdiction, which covers Miami Beach and extends ten miles outside the city.

If the tenant wants to move, he or she may do so after the first year in the unit.

If the participant wants to move, he or she may do so only after the first year of participation, and only if HACMB has a Section 8 voucher available to provide to the participant.

Yes, the housing assistance is assigned to the building; a participant must live in the building in order to receive housing assistance.

No. Section 504 and related laws like the Fair Housing Act make it unlawful for a housing provider to refuse to rent to a person simply because of a disability. Therefore, a housing provider may not refuse to rent to an otherwise eligible individual because of fears or concerns that may be based on myths or stereotypes about persons with mental disabilities.

Section 504 of the Rehabilitation Act of 1973 states: "No otherwise qualified individual with disability in the United States...shall, solely by reason of her or his disability, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program, service or activity receiving federal financial assistance or under any program or activity conducted by any executive agency or by the United States Postal Service." (29 U.S.C. 794). This means that Section 504 prohibits discrimination on the basis of disability in any program or activity that receives financial assistance from any federal agency, including the U.S. Department of Housing and Urban Development (HUD) as well as in programs conducted be the federal agencies including HUD.

Yes. HUD's regulations for Section 504 that apply to federally assisted programs may be found in the Code of Federal Regulations at 24 CFR Part 8. There are also regulations that govern Section 504 in programs conducted by HUD which may be found at 24 CFR Part 9, however, this web site focuses on Section 504's requirements for federally assisted programs, services and activities.

The Federal Fair Housing Act (FHAct), 42 U.S.C. 3601-19, prohibits discrimination in housing practices on the basis of race, color, religion, sex, national origin, familial status, and disability. (FHAct uses the term "handicap"; however, this document uses the term "disability," which has the same legal meaning.) The Act prohibits housing providers from discriminating against persons because of their disability or the disability of anyone associated with them and from treating persons with disabilities less favorably than others because of the disability. The Act also requires housing providers "to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford such person(s) equal opportunity to use and enjoy any dwelling." In addition, the Act requires that housing providers allow tenants to make reasonable modifications to units and common spaces in a dwelling. The Act applies to the vast, majority of privately and publicly owned housing, including housing subsidized by the federal government or rented through the use of Section 8 voucher assistance. HUD's regulations implementing the disability discrimination prohibitions of the Act may be found at 24 CFR 100.201-205.

The following list will help identify the most common items that arise during inspections. Please correct any deficiencies prior to the inspection date. There may be additional considerations at the time of inspection.

• Smoke detector inoperable or missing
• Light switch and/or outlet cover is cracked or missing
• Windows are either broken or won't lock, missing or torn screens or bent frames
• Any water or sewer/septic leaks - bathroom or kitchen
• Peeling, chipping or flaking paint inside or outside
• Torn, ripped or loose carpet or linoleum
• Garbage, trash or debris in yard or house
• Must have working stove and refrigerator (all burners on stove must work properly and refrigerator must be in good condition)
• Utilities not on (including LP Gas)
• Missing handrail on steps or porch, loose blocks used for steps, rotting or missing wood on porch or steps
  
  

If the housing provider believes the requested accommodation is unreasonable, the housing provider may, but is not required to, propose a substitute accommodation requested by the tenant or applicant because the individual with a disability is most familiar with his or her disability and is in the best position to determine what type of aid or service will be effective. If the housing provider suggests an alternative accommodation, the tenant may reject it if he or she feels it does not meet his or her needs.

If a housing provider delays responding to a request for an accommodation, after a reasonable amount of time, that delay may be constructed as a failure to provide a reasonable accommodation. A tenant or applicant may choose to seek legal assistance or file a complaint with HUD.

No. Such a housing provider is only obligated to provide an accommodation if the provider is on notice of the request. However, a person with a disability will be considered to have asked for an accommodation if he or she indicates that a change or exception to a policy, practice, or procedure or modification would assist him or her in making more effective use of his or her housing, even if the words "reasonable accommodation" are not used as part of the request.

An individual with a disability should request an accommodation as soon as it appears that the accommodation is needed. However, requests may be made at any time. For example, requests may be made when an individual is applying for housing, entering into a lease, or occupying housing. Individuals who become disabled during their tenancy may request accommodation, even if they were not disabled when they signed their leases. 

Section 504 does not prescribe a uniform procedure for requesting a reasonable accommodation to be used with all housing providers. To request an accommodation, an individual need not mention Section 504 or use the phrase "reasonable accommodation." In general, a tenant or prospective tenant should make clear to the housing provider that he or she is requesting that an exception, change, adjustment, or modification be made to a rule, policy, practice, service, building or dwelling unit because he or she has a disability. He or she should explain what type of accommodation is requested and explain the relationship between the requested accommodation and his or her disability. In order to facilitate the process and consideration of the request, tenants or prospective tenants may wish to check with a housing provider in advance to determine whether that housing provider has established any specific procedure regarding requests for reasonable accommodation. Although the Section 504 regulations do not require it, it is usually helpful that the request be made in writing so there will be documentation that the request was actually made in the event of a later dispute.

No. A wheelchair user is no more likely than anyone else to cause damage, beyond typical wear and tear, to a dwelling unit. However, if a person who uses a wheelchair does cause damage to a unit that is beyond normal wear and tear, whether the damage is related to the wheelchair or not, that individual may be required to cover such damage out of a standard security deposit that is charged to everyone.