1. Docket No. FR-5094-I-02 Public Housing Evaluation and Oversight: Changes to the Public
Housing Assessment System (PHAS) and Determining and Remedying Substantial Default
April 25, 2011
Regulations Division, Office of General Counsel
Department of Housing and Urban Development
451 Seventh Street, SW., Room 10276
Washington, DC 20410-0500
Claudia Yarus, Department of Housing and Urban Development,
Office of Public and Indian Housing, Real Estate Assessment Center (REAC)
550 12th Street, SW., Suite 100
Washington, DC 20410
Thank you for providing an opportunity for public input regarding the interim rule,
Document Citation: 76 FR 10136, which establishes new regulations for 24 CFR
Parts 901, 902, and 907, Public Housing Evaluation and Oversight: Changes to the
Public Housing Assessment System (PHAS) and Determining and Remedying
Substantial Default.
The Community Access Project is based out of Somerville, MA. We collaborate with
and serve low-income Americans with lifelong disabilities who document, report
and work without pay to eradicate ongoing systemic barriers to integrated and equal
opportunities and services that are sponsored, in whole or in part, by local, state and
federal government.
In the past several years we have been examining the continuing policy and
procedural barriers that leave over 40% of low-income Americans with disabilities
dealing with worst-case housing needs and an ongoing emergency housing crisis.
The issues range from being homeless as a result of lack of adequate accessible
temporary shelters to being scorned and humiliated from seeking their legitimate and
Fair Housing rights--within communities that annually receive millions of dollars in
CDBG and HOME allocations; and annually certify that they are affirmatively
furthering our fair housing rights.
We have discovered that the majority of Massachusett's PHAs, whether linked to
State agency oversight or to local Entitlement oversight, carry forward, year after
COMMUNITY ACCESS PROJECT, SOMERVILLE, MA. 4/25/11. PAGE 1 OF 4

2. Docket No. FR-5094-I-02 Public Housing Evaluation and Oversight: Changes to the Public
Housing Assessment System (PHAS) and Determining and Remedying Substantial Default
year, the very structural and communications impediments that encumber low-
income Americans with disabilities from accessing equitable opportunities at PHA-
managed and HUD-funded housing and economic self-sufficiency programs.
The FR says, "The new default regulations, “specify the actions or inactions by which
a PHA can be determined to be in substantial default, the procedures for a PHA to
respond to such a determination or finding, and the sanctions available to HUD to
address and remedy substantial default by a PHA.”
HUD says, "The physical inspection standards, established under 24 CFR part 5, are
outside the scope of this rulemaking."
However, the PHAS standards for physical inspections still do not score physical
components that are found to be structurally noncompliant with Section 504/UFAS
standards.
We read that HUD plans to update its requirements related to the Physical Needs
Assessment in a separate rulemaking. HUD states that, "The independent physical
inspections, which commenced in 1998, have provided an essential tool for HUD in
monitoring its public housing and multifamily portfolios and in raising the standards
of operations with respect to maintaining the physical condition of public housing
properties. The costs of HUD's physical and financial oversight operations amount to
a little more than 0.3 percent of the Capital Fund appropriation, of which these costs
are an appropriated administrative offset."
The ongoing failure to integrate such crucially necessary structural accessibility
standards into HUD's PHAS physical inspection scoring system represents a critical
waste of PHAS program resources. These omissions flow into all programs and
other regulatory linkages that refer to, and rely upon, the data and assessments
routinely collected during the PHAS program. These omissions interdependently
limit the capacity of the public housing operating fund program to proactively
generate remedial agreements with PHAs to overcome such civil rights impediments
as one outcome of PHAS inspections.
COMMUNITY ACCESS PROJECT, SOMERVILLE, MA. 4/25/11. PAGE 2 OF 4

3. Docket No. FR-5094-I-02 Public Housing Evaluation and Oversight: Changes to the Public
Housing Assessment System (PHAS) and Determining and Remedying Substantial Default
As a consequence of HUD's deferential non-response to glaring Section 504-related
deficiencies in PHA buildings, programs and planning efforts, PHAs continuously
ignore and defer their obligations to update and implement a Section 504 Transition
Plan.
As a consequence of receiving high performance scores irregardless of whether the
buildings sites, elements and programs are, in reality, accessible and usable, PHAs
are enabled to apply for and utilize their HUD Capital Fund allocations to fund
modifications and improvements without prioritizing the mitigation of physical and
communications barriers that create and maintain substandard housing and
inaccessible economic and integrative opportunities for residents with disabilities
who do not have access to any other housing options or even acceptable temporary
shelters.
For Americans with physical and sensory impairments, the terms "livability,"
"decent" and "safe" are fundamentally defined by the usability and accessibility of
structural and communications components of units, buildings, sites, exteriors,
common areas, public rights of way, etc.
We strongly advise that HUD update its requirements related to the Physical Needs
Assessment, by standardizing and normalizing the definitions for "decent" and
"safe" to meaningfully include "accessible and integrated" standards of use and
liveability, without any further delay.
Otherwise, we do not believe that HUD can expect to gain the respect and trust of
Americans with disabilities, who are still living under the constant stress of lowest
expectations and highest barriers at every step and breath.
HUD should proactively and affirmatively demonstrate a willingness to find and
employ qualified individuals with disabilities to lead this Agency in developing,
demonstrating, and establishing meaningful systems that will result in substantive
and actionable measures of resident satisfaction, tenant participation, and the
efficacy of resident self-sufficiency programs at all PHA-managed resources .
Thank you.
COMMUNITY ACCESS PROJECT, SOMERVILLE, MA. 4/25/11. PAGE 3 OF 4

4. Docket No. FR-5094-I-02 Public Housing Evaluation and Oversight: Changes to the Public
Housing Assessment System (PHAS) and Determining and Remedying Substantial Default
Eileen Feldman, Project Director
Community Access Project
CAPSom "at" verizon "dot" com
Community Access Project, c/o Feldman
P.O. Box 434
Somerville, MA 02143
COMMUNITY ACCESS PROJECT, SOMERVILLE, MA. 4/25/11. PAGE 4 OF 4