The NYAIL Disability Priority Agenda

2010 DISABILITY PRIORITY AGENDA
The New York Association on Independent Living (NYAIL) is dedicated to
removing barriers to the full community integration of people with disabilities of all
ages. NYAIL represents Independent Living Centers and the people with
disabilities they serve. Independent Living Centers (ILCs) are controlled and
primarily staffed by people with disabilities, and provide a variety of communitybased
services, such as peer counseling, independent living skills training, and
assistance with obtaining housing, education, employment, and other necessary
services that empower people with disabilities to live independent, fully integrated
lives in their communities. We propose the following priorities to address barriers
to community living and ensure the civil rights of people with disabilities are
protected.
PUBLIC POLICY PRIORITIES
1. HOUSING
a. 􀂙 Incorporate the housing provisions of Section 504 of the Rehabilitation Act
into State law. A.7851 (Titus)
Housing developers often fail to comply with Section 504’s requirement to set
aside a certain percentage of accessible units for people with disabilities when
federal dollars are used for construction. By including these requirements in
State law, the Department of Housing and Community Renewal (DHCR) will be
fully empowered to enforce these requirements and ensure that the State is in
compliance with federal standards.
b. 􀂙 Establish standards for “visitability” in State law to require all newly
constructed single-family houses, townhouses and ground-floor units of
duplexes and triplexes built with public funds to be made accessible. A.
9409 (Millman) and S.1499 (DeFrancisco)
“Visitability” is a movement to change home construction practices so that new
homes offer a few specific features that make the home easier for people with
mobility impairments to live in and visit. The spirit of “visitability” is the belief that
it is unacceptable that new homes continue to be built with gross barriers, given
the ease of building basic access into the majority of new homes and the harsh
effects major barriers have on people’s lives, including physically unsafe
conditions, social isolation, and unwanted institutionalization.
c. 􀂙 Make discrimination by landlords based on a tenant’s source of income
illegal under State Human Rights Law.
Landlords often reject tenants with rental subsidies, such as Section 8 and
subsidies tied to the Nursing Facility Transition and Diversion and Traumatic
Brain Injury Medicaid Waivers. Many people with disabilities rely on those
subsidies and other assistance programs to live independently in the community.
Discrimination based on source of income is illegal in New York City. The
legislature should make source of income discrimination illegal throughout New
York State.
2. CIVIL RIGHTS
􀂙 Incorporate Title II of ADA into NYS Human Rights Law. A.781-B (Paulin)
and S.5396 (Huntley) – Veto message # 61
􀂙 Waive the State’s sovereign immunity to claims under the ADA and
Section 504. A.3651 (Lifton) and S.2833 (Krueger)
The Americans with Disabilities Act (ADA) of 1990 and Section 504 of the
Rehabilitation Act of 1973 each provide comprehensive protection for the civil
rights of people with disabilities under federal law. Under the 1999 US Supreme
Court Olmstead decision, people with disabilities are entitled to receive the
services and supports they need to live in the community and avoid unwanted
placement in nursing facilities and other institutions. Title II of the ADA provides
protections against discrimination on the basis of disability in services provided
by public entities, including State and local governments. This bill was
unanimously passed by the State legislature during the 2009 session, but
vetoed by Governor Paterson. This bill would clarify the scope of protections
against discrimination by these entities, including in the provision of services,
programs and activities. Public entities would be required to make reasonable
accommodations and individuals with disabilities would gain critical access to the
administrative enforcement mechanisms through the State Division of Human
Rights. To date, more than 30 other states have incorporated Title II into State
law, and none have reported any increased costs as a result. It is also essential
that the State’s immunity to suit under the ADA and Section 504 is waived.
3. ELECTION REFORM
a. 􀂙 Eliminate provisions in Section 4-104 (1-a) of State Election Law allowing
waiver of polling place accessibility requirements. Require polling places
to comply with ADA accessibility guidelines and ensure access surveys
are conducted at all polling places. Require election workers to receive
mandatory training in disability etiquette and use of Ballot Marking Devices
(BMD). S.1058 (Addabbo) and A. 584 (Cahill) - Veto message # 60
This bill was unanimously passed by the State legislature during the 2009
session, but vetoed by Governor Paterson. Eliminating waivers for
inaccessible polling places does not require expensive construction, contracting
and competitive bidding; it only requires identifying other sites to take the place of
inaccessible ones. This is a no or low-cost solution that can be implemented
anywhere in the State. According to the NYSBOE, there is approximately $5
million currently available for accessibility modifications to polling sites, which
includes prior accumulated State funding as well as federal funds. These funds
can ONLY be used for this purpose. People with disabilities must be afforded the
basic right as citizens to vote along with their families, friends, and neighbors and
barriers to this right that remain in State Election Law must be removed.
4. MENTAL HEALTH
􀂙 Amend State Social Services Law Section 384-b to eliminate subdivisions
(4)(c) and (6)(a-e), which permit termination of parental rights on the basis
of mental illness or mental retardation. S. 2835 (Huntley) and A.6668
(Rivera)
Parents with psychiatric and intellectual disabilities are vulnerable to the loss of
custody and termination of their parental rights because of a long-standing bias
in State law. Since 1976, State Social Services Law has included as grounds for
the termination of parental rights, the inability “by reason of mental illness or
mental retardation, to provide proper and adequate care…” of a child. The use of
these disability-related grounds for termination promotes the discriminatory belief
that parents with such disabilities are unable to care for their children and creates
a presumption that these parents are unfit. The safety of children is adequately
protected, however, by other provisions of SSL 384-b allowing termination based
on a parent’s behavior rather than their disability.
5. TRANSPORTATION
􀂙 Cap fares for paratransit transportation at levels no higher than the base
fares for transportation of non-disabled adults utilizing the transit system.
S. 2933 (Duane) and A. 6489 (Kellner)
􀂙 Require transportation service providers, such as taxis, limousines and
shuttle services, to purchase accessible vehicles. A.5549 (Titus)
Title II of the Americans with Disabilities Act (ADA) prohibits discrimination
against people with disabilities in the provision of transportation services. The
limited availability of accessible transportation services is a major barrier faced
by individuals with disabilities throughout the State, often leading to
unemployment, the inability to access medical care, and isolation from friends,
family, and full community participation. Many people with disabilities rely heavily
on the provision of paratransit services; however MTA budget strains have led to
an increase in cost for such services. The paratransit bill would prohibit such
fare hikes under the premise that authorization of transit fares for people with
disabilities at a level higher than those for non-disabled citizens is discriminatory.
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For further information, please contact:
Melanie Shaw, J.D.
Executive Director
New York Association on Independent Living
99 Washington Ave., Suite 806A
Albany, NY 12210
Ph. 518.465.4650
Email mshaw@ilny.orgor

Or

Charlie Reichardt
Systems Advocate
Catskill Center for Independence
PO Box 1247
Oneonta NY 13820
Ph. 607-432-8000
Email creichardt@ccfi.us