PACER Center
952-838-9000
Champions for Children with Disabilities
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WHAT ARE MY SON OR DAUGHTER'S HOUSING RIGHTS?
Fair Housing Act
The Fair Housing Act protects people from discrimination based on disability, race, sex, religion, sexual orientation, and familial status. The Fair Housing Act covers additional protections for those with disabilities. If people:
- Have a physical or mental disability (including hearing, mobility and visual impairments, chronic alcoholism, chronic mental illness, AIDS, AIDS Related Complex, or an intellectual disability) that substantially limits one or more major life activities
- Have a record of such a disability, or
- Are regarded as having such a disability
The landlord may not:
- Refuse to let them make reasonable modifications to the dwelling or common use areas, at the expense of the person with the disability, if it is necessary for that person to use the housing. (Where reasonable, the landlord may permit changes only if the person with a disability agrees to restore the property to its original condition when he or she moves.)
- Refuse to make reasonable accommodations in rules, policies, practices, or services, if necessary, for the person with disabilities to use the housing. For example, a building with a no-pets policy must allow a visually-impaired tenant to keep a guide dog.
For more information on the Fair Housing Act and resources on housing rights, legal issues, and advocacy, visit the Minnesota Department of Human Services Housing Resource Toolbox. For additional fact sheets on tenants’ rights in Minnesota, visit the Minnesota Legal Services Coalition at www.lawhelpmn.org>Housing.
Housing and Civil Rights
The Minnesota Department of Human Services Disability Services Division is governed by many different laws and rules. To make services possible, DHS receives funding from federal agencies. County agencies and other providers also receive federal funds. They must follow federal civil rights requirements. Some of these requirements include an equal opportunity policy and a procedure for handling complaints. As recipients of federal funds, they must treat all applicants and clients fairly.
Licensing Statutes and Rules
Programs that are directly licensed under the Department of Human Services must follow enforced state standards that have been adopted to protect the health, safety, rights, and well-being of children and vulnerable adults. Programs serving people with developmental disabilities are required to be licensed under Minnesota Statutes, Chapter 245A and 245B. Although the regulations governing the different types of programs vary, the duties of the licensors are similar. Responsibilities of the Department of Human Services include: inspecting new and existing programs, monitoring compliance, providing technical assistance, conducting investigations of reported alleged licensing violations, issuing correction orders if appropriate. Currently, routine site visits are required to be made at least once every two years.
For more information, visit the Minnesota Department of Human Services DHS Licensed Programs page.
Your son or daughter with developmental disabilities, or a related condition, is receiving services from a licensed provider if he or she receives: residential-based habilitation; day training and habilitation services for adults; supported employment; semi-independent living services; residential programs that serve more than four consumers, including intermediate care facilities for people with developmental disabilities; and respite care provided outside the consumer’s home for more than four people at a single site. The Consolidated Standards, Minnesota Statutes, Chapter 245B, govern these services covering the following requirements: conducting assessments, developing programming to meet the identified needs of the individual, ensuring rights of persons receiving services, identifying staff qualifications, orientation and training requirements, service expectations to ensure health and safety and policy and procedure requirements of the program.
Licensing for adult and children’s mental health is governed under Minnesota Statutes, Chapter 256B.
Other Important Rights and Resources
What is Informed Choice? (Minnesota Statute 2011 245A.11)
A consumer must be given Informed Choice. Informed choice is a voluntary decision made by a person, or his or her legal representative, after becoming familiarized with alternatives (housing and services) to: select from a number of feasible alternatives, select an alternative that may be developed in the future, or refuse any or all alternatives.
What is the Patient’s Bill of Rights? (Minnesota Statute 144.651)
A summary of the Patient’s and Residents of Health Care Facilities Bill of Rights covers all patients or residents in Minnesota health care facilities.
What is a Risk Management Plan and why is it required? (Minnesota Statute 245B.06 Consumer Standards Subd.2)
The Risk Management Plan is a written document that identifies the areas of vulnerability for a consumer and the plan’s staff must follow to protect the consumer in these areas. There are two processes that must be completed when developing a Risk Management Plan. First, an assessment of the consumer’s vulnerability must be conducted. Then plans to minimize any identified areas of risk must be written.
The Risk Management Plan needs to identify an adult individual’s susceptibility to: physical abuse, emotional abuse, sexual abuse, financial exploitation, and self-abuse.
Learn more at the Minnesota Department of Human Services Risk Management Plan.
Adult Protective Services Vulnerable Adults Act (Minnesota Statute Section 626.557 and 626.5572)
The Adult Protective Services unit is a consultant for Minnesota’s Vulnerable Adult Act. In addition to educating the public about maltreatment of vulnerable adults, Adult Protective Services consults with local agencies, including counties and law enforcement agencies. For more information, contact the Adult Protection state office at (651) 431-2609 or (800) 882-6262.
Regional Resource Specialists
Regional Resource Specialists from the Minnesota Department of Human Services can assist the public and counties on technical and policy issues. Call (800) 747-5484 or (651) 431-2400 to locate the specialist for your area or check the Regional Resource Map.
Ombudsman
An ombudsman is a consumer advocate, paid by the state, who can be called if there are issues concerning the health, safety, welfare, and rights of individuals receiving health care and supportive services at home, in hospitals, nursing homes, and other community settings such as housing with services (assisted living), adult foster care, and adult day centers. For more information, call (651) 757-1800 or (800) 657-3506.
PACER Center
The mission of PACER Center (Parent Advocacy Coalition for Educational Rights) is to expand opportunities and enhance the quality of life of children and young adults with disabilities and their families, based on the concept of parents helping parents. With assistance to individual families, workshops, materials for parents and professionals, and leadership in securing a free and appropriate public education for all children, PACER’s work affects and encourages families in Minnesota and across the nation. PACER’s Housing Project provides resources to help parents of children and young adults with disabilities understand their options for independent living and housing.
CONCLUSION
This guidebook was written to help you begin to explore housing options for your son or daughter. It is beneficial to know about the wide array of possibilities. Plan early so that your options don’t become limited and affect your long-term vision. Plan ahead. Limited funding availability of supports, services, and affordable housing will affect your options. Once you focus, it takes time to pull all the components of your plan together to implement it. Most likely, there will be bumps in the road, and your plan will need to be flexible. With your commitment and careful planning, you can help pave the way for your child to live in the housing option and community of his or her choice.
PACER’S HOUSING PROJECT:
Phone: (952) 838-9000, Toll-free for Minnesota parents: (800) 537-2237
The goal of PACER’s Housing Project is to develop information and resources to help parents of children and young adults with disabilities understand their options for independent living and housing. Parents are encouraged to begin thinking about these issues when their children are as young as 14 years old. This project helps parents understand why it is important to consider housing during the transition years, what housing options are available for their child, what supports and services exist, and what information and referral resources are available to meet their needs.
PACER’s Housing Project provides individual assistance by phone or in person. It also offers workshops on housing options, services, and supports; a housing guidebook; and a website that includes links to national and state housing resources for individuals with disabilities and their parents.
Editor’s note: The listings of organizations on PACER.org/housing are not inclusive of all organizations that provide housing and support services nor are they endorsed by PACER Center. As with any services for children and young adults with disabilities, families and professionals should understand the implication of decisions regarding housing options, services, and supports.
PACER's site offers many PDF files for download, which require