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1 | | (3) On June 22, 1999, the United States Supreme Court |
2 | | held in Olmstead v. L.C., 119 S. Ct. 2176 (1999), that |
3 | | unjustified segregation of persons with disabilities |
4 | | constitutes discrimination in violation of Title II of the |
5 | | Americans with Disabilities Act. At the heart of its |
6 | | decision were 2 concepts. First, "institutional placement |
7 | | of persons who can handle and benefit from community |
8 | | settings perpetuates unwarranted assumptions that persons |
9 | | so isolated are incapable of or unworthy of participating |
10 | | in community life". Second, "confinement in an institution |
11 | | severely diminishes the everyday life activities of |
12 | | individuals, including family relations, social contacts, |
13 | | work options, economic independence, educational |
14 | | advancement, and cultural enrichment". |
15 | | (4) The United States has roughly 1,200,000 adults in |
16 | | nursing homes and over 360,000 people in psychiatric and |
17 | | other 24-hour care institutions across the country, and |
18 | | waiting lists for housing subsidies across the country |
19 | | average over 2,000 households per list and have a median |
20 | | of 1.5 years, and up to 7-year waits in some areas. |
21 | | (5) There is an estimated shortage of 7,000,000 |
22 | | affordable housing units and less than 5% of the units |
23 | | that do exist fit access standards for individuals with |
24 | | moderate mobility needs. In Chicago, less than 1% of units |
25 | | are accessible. |
26 | | (6) With a growing shortage of nurses and caregivers, |
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1 | | home modifications can reduce the need for home support |
2 | | and alleviate stress on the health care system. |
3 | | (7) Current grant recipients of home modifications |
4 | | funding have not had access to the expertise needed to |
5 | | effectively provide resources and or services for people |
6 | | with disabilities. Centers for independent living possess |
7 | | the expertise to provide knowledgeable guidance to assist |
8 | | people with disabilities with home modifications through |
9 | | accessibility audits of current or prospective homes to |
10 | | guarantee equal opportunity to live in the community. |
11 | | Section 10. Purpose. The purpose of this Act is to |
12 | | establish a home modification funding system that is |
13 | | streamlined, effective, and administered by experts within the |
14 | | disability community. |
15 | | Section 15. Definitions. As used in this Act: |
16 | | "Home modification" means any change to the structure |
17 | | of a residential home or property to create barrier free |
18 | | living, provide access to and from the home, or avoid |
19 | | institutionalized or congregate placement for persons with |
20 | | a disability. |
21 | | "Disability" means, with respect to an individual: |
22 | | (1) a physical or mental impairment that |
23 | | substantially limits one or more major life activities |
24 | | of the individual; |
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1 | | (2) a record of such an impairment; or |
2 | | (3) being regarded as having such an impairment. |
3 | | An individual meets the requirement of "being regarded |
4 | | as having such an impairment" if the individual |
5 | | establishes that he or she has been subjected to an |
6 | | action prohibited under the Americans with |
7 | | Disabilities Act of 1990 because of an actual or |
8 | | perceived physical or mental impairment whether or not |
9 | | the impairment limits or is perceived to limit a major |
10 | | life activity. |
11 | | Section 20. Home Modification Program. The Department of |
12 | | Human Services shall establish a Home Modification Program to |
13 | | provide financial assistance to persons with disabilities for |
14 | | home modification projects. The Department shall designate a |
15 | | statewide association that represents centers for independent |
16 | | living to serve as the lead agency to administer the program. |
17 | | The Department shall provide funding to the lead agency for |
18 | | the program. The lead agency shall distribute any moneys it |
19 | | receives from the Department to the State's 22 centers for |
20 | | independent living, covering all 102 counties. The lead agency |
21 | | shall ensure that each center for independent living has |
22 | | access to at least $105,000 to use for home modification |
23 | | projects, with the excess funds subject to reallocation during |
24 | | the 4th fiscal quarter of each year. |
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1 | | Section 25. Home modification standards and |
2 | | qualifications. |
3 | | (a) To qualify for financial assistance under the Home |
4 | | Modification Program, an applicant must: |
5 | | (1) be a resident of the State of Illinois; |
6 | | (2) be a person with a disability as defined in |
7 | | Section 15; |
8 | | (3) have proof of disability from an agency other than |
9 | | a center for independent living; |
10 | | (4) be a homeowner or a residential tenant who has |
11 | | obtained the permission of his or her landlord to make the |
12 | | home modification. If a tenant and landlord agree to the |
13 | | home modification, both parties must sign off on final |
14 | | approval, as well as sign a statement of non-fraudulent |
15 | | intent; and |
16 | | (5) have income that does not exceed 200% of area |
17 | | median income. |
18 | | An applicant may be subject to additional reasonable |
19 | | requirements established by the lead agency that further the |
20 | | purposes of this Act. |
21 | | (b) Assessment. |
22 | | (1) An applicant's home must undergo a thorough |
23 | | assessment by a trained center for independent living |
24 | | staff member. The staff member shall make a written report |
25 | | of the results of the assessment. |
26 | | (2) The lead agency shall establish a Home |
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1 | | Modification Subcommittee of experienced center for |
2 | | independent living staff to provide additional oversight, |
3 | | including, but not limited to: |
4 | | (A) Reviewing the submitted assessment report and |
5 | | bid for at least the first 3 home modification |
6 | | requests from a center for independent living or when |
7 | | new staff is hired. |
8 | | (B) Reviewing any request for more than $35,000. |
9 | | (c) Contractors. |
10 | | (1) When selecting a contractor, a center for |
11 | | independent living must seek bids from at least 2 |
12 | | contractors, choosing the lowest responsible bidder. |
13 | | (2) All contractors must be licensed, where |
14 | | applicable, insured, and follow all local, State, and |
15 | | federal requirements.
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16 | | Section 30. Administration of home modification funds. The |
17 | | lead agency shall receive an administrative fee of 3% from all |
18 | | moneys that are passed through the lead agency for the purpose |
19 | | of the Home Modification Program.".
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