UNDERSTANDING THE I/DD COMMUNITY

ABILITIES

The community of people with I/DD is extremely diverse. While people with I/DD typically have cognitive, communication or social needs that require supportive services for independent living, most do not have a mental illness. In addition, most do not have a physical disability, so a project with a set aside of units for people with I/DD does not need to have a larger number of ADA units than would otherwise be required.

AGE

The past decade has seen a doubling of the number of people with I/DD who are living past their 62nd birthday, and this trend is expected only to increase. Therefore, depending on the specific community, there may well be sufficient demand for a set-aside for I/DD tenants in a senior housing project.

HOUSEHOLD COMPOSITION

The single adult with disabilities is the household type with the greatest unmet housing need, and is well-served by SRO, Studio or One-Bedroom Units. However, two- and three-bedroom units are also needed because many adults with I/DD choose to live with family members who have been their long-time caregivers, to have live-in staff, or to form their own households through marriage or roommate commitments.

INCOME

Most single adults with disabilities have incomes below 30% of area  median income, and this should be assumed in planning for studio apartments. However, many single adults with I/DD have family members who will supplement household income, and an increasing number are working full-time, making it possible to rent set-aside SRO, studio and one-bedroom units with a qualifying income mix between 30% and 50% of area median income. Two-bedroom or three-bedroom units can more readily be rented to people with I/DD at 50% of area median income than SROs, studios, or one-bedroom units.

PERCENTAGE AND NUMBER OF SET-ASIDE UNITS

There is increasing consensus that integration is best achieved by limiting the set-aside percentage for I/DD tenants to 25% of the total rental units. As a general rule, it is helpful to have at least ten I/DD tenants for efficiency of providing resident support services.

DESIGN OF SET-ASIDE UNITS AND COMMUNITY SPACE

Rental units for I/DD tenants should be distributed throughout the development and be indistinguishable from other units. Micro-units are not well-suited to tenants with I/DD because they often have regular supportive service visits. I/DD tenants are not unlike the general population and enjoy a full range of off-site activities such as trainings, community college and employment. Therefore, an I/DD set-aside does not create a need for more community space than would typically be found in a well-designed affordable housing project. A small office or interview room helps to facilitate private meetings between I/DD tenants and service providers and is recommended.

ADA UNITS

Incorporation of I/DD tenants does not require additional ADA units, or additional ADA parking spaces, above what the Building Code or local ordinances require. If feasible, at least some of the otherwise required ADA units should be designed with roll-in showers, as this modification is often prohibitively expensive once construction is complete. These can be “Japanese” style or prefabricated roll-in units. In either case, it is recommended that a central floor drain be provided and that walls have waterproof wainscoting.

THE BENEFITS OF UNIVERSAL DESIGN

Universal design is recommended to optimize the feasibility of post-construction modifications. Universal design means that door widths meet ADA standards and bathrooms are adaptable. Appropriate backing in bathroom walls will accommodate future grab bar installation customized for individual tenant requirements. Design should avoid steep slopes for drainage on exterior decks or plazas as this can create unsafe situations for tenants with mobility issues. Finally, unit windows should be easy to operate for natural ventilation.

PARKING FOR I/DD TENANTS

Most I/DD tenants are transit dependent and do not drive or own cars. Many jurisdictions will provide for reduced or even zero parking requirements for adult tenants with I/DD if the development is transit-oriented. A number of projects in Santa Clara County now provide almost two decades of documented reduced need for parking for I/DD tenants in SROs, Studios and One Bedroom units. Some jurisdictions (Sunnyvale, CA for example) also provide for reduced parking for special needs tenants in Two and Three Bedroom units. Required bicycle parking can be reduced proportionally as well.

PARKING FOR SUPPORT STAFF/CAREGIVERS

For developments with secured structured parking and particularly for those with reduced tenant parking based on the I/DD set-aside, it’s important to plan for adequate short-term visitor parking for visiting support staff and caregivers. For example, in a 26 unit studio apartment in Mountain View that is fully occupied by people with I/DD, a total of 10 parking spaces with zero resident parking has been sufficient at all hours of night and day—2 spaces are ADA parking, 2 spaces are reserved for the property manager and maintenance manager, and 6 spaces are available on a first-come first served basis for visitors and support staff. 

INTERNET/WIFI ACCESS

It’s a best practice to provide WiFi in all common spaces and in the rental units. Where feasible, units should be hardwired for internet access.

ADDRESSING FAIR HOUSING QUESTIONS

When coordinated with supportive services, a set-aside preference for people with I/DD does not violate Fair Housing rules because the preference insures that people with I/DD have the services needed both to navigate the complex affordable housing application process and also to maintain stable housing. Regional Centers across California are available to coordinate and fund supportive services to tenants with I/DD to enable them to apply for and live in set-aside units in typical affordable housing.

DOCUMENTING SET-ASIDES

A set-aside for I/DD tenants can be created in family or senior housing and does not have to qualify as a “special needs” project per Tax Credit guidelines. A set-aside for I/DD tenants should be documented in a binding written agreement with a service provider, funding agency or lender or city planning agency for a specific number of I/DD units. The set-aside units should be documented as a “preference” so that the property manager has the ability to fill a vacancy in a set-aside unit if the supportive service provider has not submitted qualifying applicants with I/DD in a timely manner. The set-aside can be created with an MOU with a Regional Center, a service provider, or a financing source or by means of a Planning Condition of Approval for reduced parking for I/DD tenants (for example).

MAINTAINING A WAIT LIST

ESTABLISHING ELIGIBILITY FOR THE I/DD PREFERENCE

For projects with an I/DD preference in California, the best practice in maintaining a wait list for an I/DD preference is to rely on the determination of the local Regional Center that the applicant has an I/DD, as many physicians will conflate I/DD with a mental health disability.

ESTABLISHING SEPARATE WAIT LISTS

Most property managers will give preference for an ADA unit to someone who needs the physical modifications over someone with a higher wait list position who does not. Therefore, it is useful to maintain (and Fair Housing attorneys have approved) a separate waiting list for [1] general population units, [2] ADA units, [3] I/DD set-aside units. I/DD tenants who can otherwise qualify for ADA units should be allowed access to the ADA unit without affecting the set-aside for I/DD tenants. I/DD tenants who can otherwise income-qualify for general population units should be allowed access to the general population wait list on the same terms as the general population without affecting the set-aside for I/DD tenants. 

COORDINATING WITH LOCAL “LIVE/WORK PREFERENCES

When a jurisdiction imposes a “live-work” preference on a project with an I/DD preference, the best practice is to sort the I/DD waitlist with priority to those who also live or work in the jurisdiction, but when that category has been exhausted, to fill the remaining I/DD preference units with people with I/DD who do not meet the local live/work preference.

Jeff Oberdorfer FAIA & Jan Stokley Housing Choices • August 2017