Albany's Chronic Violations of America's Fair Housing Act and other Civil Rights Laws

The Albany Bulb has been home to a population of otherwise homeless individuals for more than 20 years. I have been a resident of the Bulb for seven-plus years.

The City of Albany has had the land that we live on earmarked for incorporation into the state parks system for 30 years. However, as the City has never actually made any effort to “prepare” the land for the transfer (as is required), a community has formed on the Albany Bulb where people are free from the usual harassment that homeless people typically endure while living on the streets.

Virtually all of us who live on the Albany Landfill fit the HUD definition of “chronically homeless.” Some members of our community are terminally ill. Not a single one of us has an income that exceeds $1,200 per month. I am personally a recipient of SSI, based on various physical and mental disabilities. Albany has never treated its homeless residents as if we had any rights. Indeed, with the exception of the occasions when one of the City’s attempts to displace us is being held at bay by civil rights lawyers, Albany prefers to act as if we don’t even exist.

Recently, Albany officials have again decided to take action to displace us from our longtime homes.

City officials set up two trailers in the parking lot at the Albany Waterfront and declared them to be the “Albany Temporary Transition Shelter,” in response to public outrage (as well as to cover their legal backsides) over the fact that Albany has no permanent homeless shelter and was about to evict 90 percent of its homeless population — with nowhere else for us to go except the next town over.

Albany officials had been repeatedly told, by numerous individuals and on multiple occasions, about the high percentage of disabled individuals living on the Albany Bulb.

Many Bulb residents suffer from various, complicated mental and emotional issues, including PTSD, major depression, schizoid personality disorder and severe anxiety. Some of those same people, and others, suffer from Hepatitis C, HIV and other physical disabilities. Also, two residents of the Albany Bulb currently are pregnant (with one of them due to give birth on Mother's Day).

Albany built the Temporary Shelter with the intention of pressuring residents of the Albany Bulb to move out of our homes on the Bulb and into the shelter. Yet, the shelter was designed and constructed to be very much like an institution. As a result, many Bulb residents (who have experienced incarceration throughout their lives, instead of receiving the appropriate treatment that they each needed) feel that the shelter is a very threatening atmosphere. Also, there are no services at the shelter, whatsoever.

The shelter is staffed by an organization called Operation Dignity. Operation Dignity’s shelter staff have freely admitted that they are “not trained in anything” and this is evident in their incredibly offensive and hostile treatment of both actual and prospective clients.

I stopped by the shelter on the day that it opened and asked Alex McElree, the director of Operation Dignity, if the shelter was willing to accommodate the service animals of Bulb residents in their sleeping/living quarters (as we have two certified service dogs currently living with their people on the Bulb). His answer was that there were four kennels in back for people’s dogs. When I mentioned that such an accommodation was required by the Fair Housing Act, his response was that the shelter was “close quarters” and would not be able to accommodate such a request.

In the same spirit, I knocked on the door to the shelter the following day and asked the shelter staff how a disabled individual would go about filing a Request for Reasonable Accommodation (RRA) so that they could be able to stay at the shelter. The staff asked me what type of disability the requested accommodation would be for. I told them that people currently living on the Bulb have a range of disabilities. “For instance,” I said, “there are people out there with schizophrenia and claustrophobia. My boyfriend has schizoid personality disorder and cannot be forced into enclosed social situations.” The shelter staff member responded, “Well, we don’t have a special box he could sleep in, or anything.” This is the absolute height of discrimination.

I am one of several longtime Bulb residents who was denied access at the door to the shelter based on the fact that our names weren’t on “the list” of Bulb residents. I am not aware of a single Bulb resident who has been allowed entry.

I am a disabled, homeless individual, who also receives Supplemental Security Income as a result of my disabilities. Albany opened its temporary homeless shelter supposedly for use by the population of primarily disabled homeless individuals whose camps it intends to demolish.

I submitted an RRA to the City of Albany with the assistance of a local advocacy organization, the East Bay Community Law Center, as did 31 other disabled individuals whom the city also has living under immediate threat of displacement.

All of our RRAs were denied, despite each one being accompanied by a Verification of Status as a Disabled Person, signed by a professional psychologist. The severity and truthfulness of every one of our disabilities was questioned. The necessity of our accommodations were also called into question, despite the fact that each of our Verifications included an explanation of why we each needed the requested accommodations.

I was personally denied not only non-communal living quarters (as is needed, due to my disability), but also the presence of my caretaker and my Emotional Support Animal (both of which my Verification stated that I need). I was also denied the right to receive the services of the shelter program at an alternate site that could accommodate my needs.

All 32 requests, which were submitted at the same time, were also denied without any effort or willingness on the part of the City of Albany to engage in the legally required interactive process to try to work out some way that we could utilize the services of the shelter. For City officials to deny us access to the only shelter in Albany is devastating to some of us.

The Fair Housing Act specifically makes it unlawful to refuse to permit, at the expense of the handicapped person, reasonable modifications to existing premises to be occupied by such a person if such modifications are necessary to afford full enjoyment of the premises. The Act also makes it unlawful to refuse to make reasonable accommodations in rules, policies, practices, or services to afford a handicapped person equal opportunity to use and enjoy a dwelling.


The following are excerpts from the letter that I received from the City Manager in response to my RRA:

"Even assuming you have the disabilities you claim, your requested modification is not necessary or reasonable based on the information you provided to the City."
[[I find the City Manager's questioning of the reality of my disabilities (ones which I live with every day of my life, and have to find ways to accommodate in almost everything that I do) offensive, discouraging and unnecessary. Not to mention: illegal.]]

"Given your stated conditions, the City’s transitional shelter program offers an environment and services far superior to an unstructured, unregulated homeless encampment."
[[Here, the City seems to acknowledge that I am disabled."]]

"Dr. Franklin fails to specify what emotional disability you have or why it requires that you control access to your space..."
[[A disabled person cannot be required to give a specific and detailed description of their disability. Although I did give specific details of my disability in my RRA.]]

"ADHD symptoms do not include panic attacks."
[[http://www.add.org/page/ADHDandAnxiety "People with ADHD often find themselves in situations where others may react to them in negative ways, which can increase their self-consciousness and anxiety. In addition, people with ADHD tend to be sensitive. This can be a positive trait, but it also makes them more vulnerable to negative situations and emotions".]]

"Likewise, SSRI discontinuance syndrome does not include panic attacks nor fatigue—the syndrome is resolved in a matter of days."
[[I have suffered from debilitating SSRI discontinuation syndrome for twelve years as a result of having taken Zoloft (per my doctor's orders) for a period of six months in 2002. I am not the only person who has experienced this affliction, nor am I the first individual who has had the resulting symptoms last for many years after they stopped taking antidepressants. It is devastating and incredibly discouraging when I am told by someone that the symptoms are "resolved in a matter of days". Maybe they are for some people, I was not so lucky.]]

"In the City-provided shelter, staff can assist you in maintaining boundaries and help you feel safe."
[[When I tried to get into the shelter, I was denied entrance, by an incredibly rude shelter staff member, based on the fact that I couldn't prove that I was homeless. Some "boundaries"...]]

"The City shelter also provides opportunity for you to visit go out for fresh air and to visit with your male partner."
[[There are no "in and out" privileges after 8:00PM. I need my partner/caretaker with me at all times.]]

"Although the City will grant reasonable requests for modification related to service animals, the information provided in your request fails to establish that your cat “Booty” qualifies as a “service animal” rather than a pet or support animal. Under applicable State and federal law, a service animal must: (1) serve a person that has a diagnosed disability; (2) the animal must be individually trained to do work or perform tasks for the benefit of the disabled individual directly related to the person’s disability; and (3) the request to have a service animal must be reasonable. It is not clear what work or task “Booty” has been trained to perform in relation to the disabilities listed in your request."
[[My request specifically states that my cat is my Emotional Support Animal, which the Fair Housing Act obligates the City to recognize and accommodate, in this situation.]]

"Your alternative request for City-provided private living quarters where you can be with your cat and male partner day and night would also fundamentally alter the Transition Plan, as well as impose undue administrative and financial burdens on the City. The City does not currently operate a program for housing homeless individuals in private living quarters, and to establish such a program would entail a significant commitment of the City's limited staff and financial resources, especially considering many hotels and Single Room Occupancies exclude pets."
[[From here: www.ada.gov/dc_shelter.htm
Settlement Agreement Between The United States of America and The District of Columbia Under The Americans With Disabilities Act
"Examples of reasonable modifications may include, but are not limited to:
ii. modifying a Shelter’s rules so that an individual with a disability can be in close proximity to an individual who provides him or her with medical assistance, if the individual with a disability requests such a modification;
iv. providing non-communal Shelter to a family who cannot reside in a communal Shelter due to a family member's disability, if the family requests such a modification."]]

"The transitional shelter provided as part of the City’s plan opened on November 15, 2013 and has ample beds available for homeless individuals to sleep at night."
[[Without the requested Accommodations, how do they expect us to avail ourselves of the Shelter?]]

"The Bulb remains open during the day for anyone who wishes to use it." [[The City has repeatedly stated their plans to come out and demolish our homes once we move out of them. Where, on the Bulb, do they anticipate us going during the day, once they destroy our homes?]]

"For the reasons above, the City is unable to modify the Transition Plan as you request."
[[This statement was made without any attempt to engage in the good faith interactive discussions that are required by law.]]




The following are excerpts are from the City of Albany's Notice of Final Decision regarding the 32 Requests for Reasonable Accommodation, that were submitted by East Bay Community Law Center on behalf of Bulb residents. I have included comments after each excerpt, in the same manner as I did with their denial of my personal Request:

"Mr. Fariello's comments about standard diagnoses were an effort to make sense of Dr. Franklin's often vague (e.g. an "emotional disability") or inconsistent (e.g. someone with severe claustrophobia that wants a motel) descriptions of disabilities. The submitted accommodation applications contain no requested modifications to the shelter premises to help address the stated disabilities. Furthermore, there is very little tying the applicants' respective disabilities to their requested accommodations (the most common of which is the request that the City leave the Bulb homeless encampment in place), For example, people who suffer from PTSD and are at risk to have symptoms triggered by intrusion or threat of violence seek to stay at the Bulb homeless encampment rather than in a supervised and quiet shelter. This defies logic."
[[The City unreasonably refuses to offer the residents of the Albany Bulb any opportunity to receive shelter on any premises, other than the one that they erected and feel that we should stay in, regardless of our respective disabilities. To attempt to discredit and dismiss our Requests, the City hired a professional who clearly has no understanding of the conditions that Bulb residents present. Those of us who have lived on the Albany Bulb and have made our homes here have experienced a level of privacy and autonomy that, prior to living here, many of us had given up hope of ever experiencing again. To expect a claustrophobic individual to feel anywhere near as comfortable in a Shelter (in which they are not permitted to step outside after 8:00PM without being kicked out and where they are only allowed to eat during a one hour window) as they do in their own homes (be them legal or not) is not only unreasonable, but unrealistic.]]

"To the extent that your clients have been able to obtain assistance such as Social Security Disability and Supplemental Security Income ("SSl"), this is a dependable monthly source of income that can be spent on rent. This also establishes eligibility for Medicare or Medi-Cal, SSI recipients are often eligible for services like In Home Supportive Services to help with housekeeping and personal care, Access to subsidized housing is made easier for recipients of this income. Bulb residents receiving SSI should have less difficulty moving directly into rental units and avoiding the need to stay at the Temporary Transition Shelter. Many of the other Bulb campers present disabilities that might lead to general assistance. Continued camping at the Bulb, rather than the Temporary Transition Shelter, increases the difficulty of SSI advocacy."
[[Here again, the City seems to acknowledge that there are numerous current residents of the Albany Bulb who are disabled. And, based on that assertion, presumes that those disabled individuals who have applied and been successful in their claim for, disability benefits "should have less difficulty moving directly into rental units and avoiding the need to stay at the Temporary Transition Shelter." This assumes that there is housing in the Bay Area that any of us could afford to move into (in a timely enough manner that we could avoid needing to stay at the Shelter, which the City only plans to keep open until April of 2014).


"CITY'S OFFER OF REASONABLE MODIFICATIONS TO ITS TEMPORARY TRANSITION SHELTER
I. Transition Assistance
As noted above, the City has significantly delayed enforcement of its No-Camping Ordinance, including further delaying enforcement against your clients while the City evaluated their accommodation requests. The City will not grant further delays in enforcement for the 30 individuals receiving this final determination on their requests for accommodation. However, for those individuals at the Bulb homeless encampment who commit to voluntarily relocate (to the Temporary Transition Shelter or alternative shelter), the City will provide assistance relocating personal belongings and allow time (up to three days) for the relocation process."
[[This has always been a stated part of the City's "Transition Plan". Therefore, it is hardly an "offer".]]

"II. Familiar Settings
Many Bulb residents list the need to be around people they know and trust as their rationale for wanting to stay at the Bulb. These same relationships can continue at the Temporary Transition Shelter. The Veteran's Administration has found it very helpful to move cohorts of homeless veterans from encampments to the shelters as a way to maintain patterns of mutual support. The Temporary Transition Shelter will attempt to follow this model, to the greatest extent possible, by giving individuals transitioning from the Bulb beds near one another."
[[I am aware of seven male/female couples, currently living on the Albany Bulb. I am unaware of the existence of a single same-sex couple, currently living on the Albany Bulb. Since the Shelter is explicitly gender segregated, I fail to see the logic in the City's claim that "giving individuals transitioning from the Bulb beds near one another" will help any of the Bulb residents to feel more comfortable staying at the Shelter.]]

"III. In and Out Privileges
Several individuals seek to stay at the Bulb based on a need to be in an environment where they can come and go freely. The City is willing to modify its Temporary Transition Shelter rules by allowing limited in and out privileges. After the individuals have checked into the shelter for the evening, individuals will be permitted to step outside for fresh air or to smoke."
[[This is not a modification to the "Shelter rules". Check in time at the Shelter starts at 5:30PM and ends at 8:00PM sharp (the Shelter staff turned a man away on Christmas Day, refusing to even give him a cup of water, because he arrived at their door at 8:01PM). The Shelter staff already allows clients to step outside to smoke (no less than 30 feet from the Shelter), so long as they are back inside no later than 8:00PM, lest they be locked out.]]

"IV. Service and Emotional Support Animals
Although it is not clear that the FHA reasonable accommodation process applies here, the City is willing to make modifications for both trained service animals and qualifying emotional support animals.
First, the City placed a temporary kennel at the site of its Temporary Transition Shelter to allow individuals staying in the shelter to be as near as possible to their animals, short of having them inside the shelter. The proximity of the kennel to the shelter, combined with the shelter''s accommodation of allowing in and out privileges means that shelter residents need not be away from their animals for any extended duration.
Second, further modification to the City's policy of excluding animals from the Temporary Transition Shelter will be made only where a shelter resident with an animal (1) has a disability-related need for the animal; (2) provides documentation of symptoms alleviated by the animal; (3) has no more than one animal; (4) has the animal on a leash or under the control of the resident at all times; (5) provides documentation of licensing and rabies shots within 48 hours of admission to the shelter; and (6) agrees to be subject to the rule that animals which threaten or are otherwise unsafe around other animals or other residents will be immediately excluded. Unsafe animals include animals which pose a danger of flea or tick infestation."
[[Access to areas of a public accommodation. Individuals with disabilities shall be permitted to be accompanied by their service animals in all areas of a place of public accommodation where members of the public, program participants, clients, customers, patrons, or invitees, as relevant, are allowed to go.]]

"This letter constitutes the City's final determination on the 32 requests for accommodation you submitted in December 2013... The City will proceed with enforcement of its No-Camping Ordinance following issuance of this final determination."

[[I believe that the above statements are proof that the City of Albany is engaging in an ongoing practice of discrimination against the community of chronically homeless individuals, currently living on the Albany Bulb.]]