|
Prairie State Legal Services - "Making a Positive Difference" |
|
|
| Irene's Story Disability / Housing Law |
| Getting two wheelchair bound grandchildren up the stairs and into a second floor apartment is hard. But that is what Irene and her daughter did every day. Irene, a senior citizen, lived in Section 8 housing with her daughter and two severely disabled grandchildren. Both children have cerebral palsy and are confined to wheelchairs. The oldest is now 14 and weighs 160 lbs. After 11 years, the stairs were becoming a dangerous obstacle. When Irene tried to make the difficult situation better, she never dreamed how much worse it might become. |
| Irene applied for and received a transfer certificate from Section 8 to allow her to move to a new apartment. However, finding a first floor Section 8 apartment with handicap accessible features was not possible within the 60 days allowed by the transfer. As the deadline approached, Irene tried to call the Section 8 office, but was forced to leave messages. When she finally sent a letter asking for a response to her messages, she was informed that her letter had arrived 2 weeks after the transfer certificate had expired and they were terminating her Section 8 subsidy not only for the transfer, but for her current apartment. |
| A Prairie State staff attorney represented Irene in an administrative appeal, pointing out that, under the Fair Housing Act and the Americans with Disabilities Act, Irene had not been provided the support needed to assist her in finding an apartment. The hearing officer wrote a strong opinion supporting the arguments made on Irene’s behalf. Her subsidy was reinstated, she was given a new transfer certificate, and provided active assistance in helping her find a new apartment. |