This measure would declare the intent of the Legislature to further support the housing needs of individuals with developmental disabilities by exploring models that facilitate the private donation of homes in perpetuity and would recognize the work of organizations that have developed a property donation program.

This measure would declare the intent of the Legislature to further support the housing needs of individuals with developmental disabilities by exploring models that facilitate the private donation of homes in perpetuity and would recognize the work of organizations that have developed a property donation program.

This measure would declare the intent of the Legislature to advance the work of the Senate Select Committee on Autism and Related Disorders by supporting the California Legacy Homes demonstration project leading to successful statewide implementation further support the housing needs of individuals with developmental disabilities by exploring models that facilitate the private donation of homes in perpetuity and would recognize the work of other agencies organizations that have developed a property donation program.

This measure would declare the intent of the Legislature to advance the work of the Senate Select Committee on Autism and Related Disorders by supporting the California Legacy Homes demonstration project leading to successful statewide implementation and would recognize the work of other agencies that have developed a property donation program.

WHEREAS, Parents of children with developmental disabilities face difficult choices when it comes to ensuring housing for their children after they are gone. The housing issue affects aging parents with a child that lives at home, younger parents who want to ensure secure living environments now, and other family members who need or want to ensure the living environment for their family member; and

WHEREAS, The California Legacy Homes program is a program that allows a family to donate a home, condo, or other such dwelling to an experienced nonprofit housing organization whose mission is to serve people with developmental disabilities. The nonprofit housing organization owns and manages the property and guarantees that the person with the disability may live in the home as long as he or she is able. Upon, the persons death, the home is then available for others with developmental disabilities; and

WHEREAS, The California Legacy Homes program counsels individuals and families about future living arrangements, facilitates the donation of homes, forecasts needed maintenance and repairs over a 30-year period, ensures that funds are available for these purposes, establishes contingency plans, works with regional centers, families, and service providers to ensure a healthy and safe living environment, and keeps donated homes accessible and affordable for the long term; and

WHEREAS, Many families are searching for a way to plan for the future of a child with developmental disabilities, which can be costly to the state and to families; and

WHEREAS, The California Legacy Homes program is a way to leave a legacy for the benefit of a loved one and then for others with developmental disabilities well into the future; and

WHEREAS, The California Legacy Homes program is an option for families in areas that do not have such a program that can eventually be replicated by other organizations; and

WHEREAS, The purpose of the demonstration project is to create a mechanism for parents and family members to donate a home, ensuring not only that their family member would have a place to live for the rest of their lives, but to ensure others with developmental disabilities would have access to safe, decent housing. It is a mechanism to acquire and manage a permanent stock of safe, decent, affordable housing that is cost effective for the state; and

WHEREAS, The California Legacy Homes program supports the philosophy of separation of housing and services through community-based housing in small-scale, scattered sites; and

WHEREAS, The important components of the program include outreach to families, regional centers, attorneys, the State Council on Developmental Disabilities, and other community members, development of organizational capacity and structure, development of counseling and educational materials for relevant programs and issues, including the federal Supplemental Security Income (SSI) program, Medi-Cal, and tax issues and benefits, a property cost component through a 30-year preservation plan evaluation, evaluation of issues related to accountability and oversight, and the development of materials and documents; and

WHEREAS, The flexibility of allowing a family to donate a family home with specific uses gives parents the confidence that their children will have a place to live after they are gone and peace of mind knowing that a dedicated housing organization will ensure the maintenance of the property while the partnership with the regional center will ensure appropriate services; and

WHEREAS, The California Legacy Home program is one way to address the housing crisis for Californians with a developmental disability. Another option that could meet the familys goals of securing housing for the individual is leaving the home in a special needs trust. A key component of person-centered planning is individual choice, and individuals with developmental disabilities should be able to choose alternative living options if such options improve the quality of life for the individual; and

WHEREAS, In November 2017, the State Department of Developmental Services reported a total caseload of 327,755 individuals with intellectual or developmental disabilities receiving community-based services coordinated by regional centers. Individuals in this population benefit greatly from increased housing options that are affordable and meet their housing needs; and

WHEREAS, The Lanterman Housing Alliance is a key facilitator of the California Legacy Home program. The shared purpose of the Lanterman Housing Alliance is to network and communicate best practices and strategies to provide housing for people with developmental disabilities. Member organizations vary in size, make-up, and services. Many maintain strong ties to the local regional center in their service area, which empowers the collective mission of the Lanterman Housing Alliance to create affordable housing solutions for the population they serve; and

WHEREAS, The California Legacy Homes program creates a dedicated stock of housing that is cost effective for the state; now, therefore, be it

Resolved by the Senate of the State of California, the Assembly thereof concurring, That the Legislature intends to further support the housing needs of individuals with developmental disabilities by exploring models that facilitate the private donation of homes in perpetuity; and be it further

Resolved, That the Legislature recognizes the work of organizations that have developed a property donation program; and be it further

Resolved, That the Legislature urges regional centers and organizations to bring public awareness to such programs; and be it further

Resolved, That the Secretary of the Senate transmit copies of this resolution to the author for appropriate distribution.

WHEREAS, Parents of children with developmental disabilities face difficult choices when it comes to ensuring housing for their children after they are gone. The housing issue affects aging parents with a child that lives at home, younger parents who want to ensure secure living environments now, and other family members who need or want to ensure the living environment for their family member; and

WHEREAS, The California Legacy Homes program is a program that allows a family to donate a home, condo, or other such dwelling to an experienced nonprofit housing organization whose mission is to serve people with developmental disabilities. The nonprofit housing organization owns and manages the property and guarantees that the person with the disability may live in the home as long as he or she is able. Upon, the persons death, the home is then available for others with developmental disabilities; and

WHEREAS, The California Legacy Homes program counsels individuals and families about future living arrangements, facilitates the donation of homes, forecasts needed maintenance and repairs over a 30-year period, ensures that funds are available for these purposes, establishes contingency plans, works with regional centers, families, and service providers to ensure a healthy and safe living environment, and keeps donated homes accessible and affordable for the long term; and

WHEREAS, Many families are searching for a way to plan for the future of a child with developmental disabilities, which can be costly to the state and to families; and

WHEREAS, The California Legacy Homes program is a way to leave a legacy for the benefit of a loved one and then for others with developmental disabilities well into the future; and

WHEREAS, The California Legacy Homes program is an option for families in areas that do not have such a program that can eventually be replicated by other organizations; and

WHEREAS, The purpose of the demonstration project is to create a mechanism for parents and family members to donate a home, ensuring not only that their family member would have a place to live for the rest of their lives, but to ensure others with developmental disabilities would have access to safe, decent housing. It is a mechanism to acquire and manage a permanent stock of safe, decent, affordable housing that is cost effective for the state; and

WHEREAS, The California Legacy Homes program supports the philosophy of separation of housing and services through community-based housing in small-scale, scattered sites; and

WHEREAS, The important components of the program include outreach to families, regional centers, attorneys, the State Council on Developmental Disabilities, and other community members, development of organizational capacity and structure, development of counseling and educational materials for relevant programs and issues, including the federal Supplemental Security Income (SSI) program, Medi-Cal, and tax issues and benefits, a property cost component through a 30-year preservation plan evaluation, evaluation of issues related to accountability and oversight, and the development of materials and documents; and

WHEREAS, The flexibility of allowing a family to donate a family home with specific uses gives parents the confidence that their children will have a place to live after they are gone and peace of mind knowing that a dedicated housing organization will ensure the maintenance of the property while the partnership with the regional center will ensure appropriate services; and

WHEREAS, The California Legacy Home program is one way to address the housing crisis for Californians with a developmental disability. Another option that could meet the familys goals of securing housing for the individual is leaving the home in a special needs trust. A key component of person-centered planning is individual choice, and individuals with developmental disabilities should be able to choose alternative living options if such options improve the quality of life for the individual; and

WHEREAS, In November 2017, the State Department of Developmental Services reported a total caseload of 327,755 individuals with intellectual or developmental disabilities receiving community-based services coordinated by regional centers. Individuals in this population benefit greatly from increased housing options that are affordable and meet their housing needs; and

WHEREAS, The Lanterman Housing Alliance is a key facilitator of the California Legacy Home program. The shared purpose of the Lanterman Housing Alliance is to network and communicate best practices and strategies to provide housing for people with developmental disabilities. Member organizations vary in size, make-up, and services. Many maintain strong ties to the local regional center in their service area, which empowers the collective mission of the Lanterman Housing Alliance to create affordable housing solutions for the population they serve; and

WHEREAS, The California Legacy Homes program creates a dedicated stock of housing that is cost effective for the state; now, therefore, be it

Resolved by the Senate of the State of California, the Assembly thereof concurring, That the Legislature intends to further support the housing needs of individuals with developmental disabilities by exploring models that facilitate the private donation of homes in perpetuity; and be it further

Resolved, That the Legislature recognizes the work of organizations that have developed a property donation program; and be it further

Resolved, That the Legislature urges regional centers and organizations to bring public awareness to such programs; and be it further

Resolved, That the Secretary of the Senate transmit copies of this resolution to the author for appropriate distribution.

WHEREAS, Parents of children with developmental disabilities face difficult choices when it comes to ensuring housing for their children after they are gone. The housing issue affects aging parents with a child that lives at home, younger parents who want to ensure secure living environments now, and other family members who need or want to ensure the living environment for their family member; and

WHEREAS, The California Legacy Homes program is a program that allows a family to donate a home, condo, or other such dwelling to an experienced nonprofit housing organization whose mission is to serve people with developmental disabilities. The nonprofit housing organization will manage and own the property and guarantee owns and manages the property and guarantees that the person with the disability may live in the home as long as he or she is able. The regional center will ensure provision of services, if appropriate. Upon, the persons death, the home would then be is then available for others with developmental disabilities; and

WHEREAS, The California Legacy Homes program counsels individuals and families about future living arrangements, facilitates the donation of homes, forecasts needed maintenance and repairs over a 30-year period, ensures that funds are available for these purposes, establishes contingency plans, works with regional centers, families, and service providers to ensure a healthy and safe living environment, and keeps donated homes accessible and affordable for the long term; and

WHEREAS, Many families are searching for a way to plan for the future of a child with developmental disabilities, which can be costly to the state and to families; and

WHEREAS, The California Legacy Homes program is a way to leave a legacy for the benefit of a loved one and then for others with developmental disabilities well into the future; and

WHEREAS, The California Legacy Homes program is an option for families in areas that do not have such a program that can eventually be replicated by other agencies; organizations; and

WHEREAS, The purpose of the demonstration project is to create a mechanism for parents and family members to donate a home, ensuring not only that their family member would have a place to live for the rest of their lives, but to ensure others with developmental disabilities would have access to safe, decent housing. It is a mechanism to acquire and manage a permanent stock of safe, decent, affordable housing that is cost effective for the state; and

WHEREAS, The California Legacy Homes program supports the philosophy of separation of housing and services through community-based housing in small-scale, scattered sites; and

WHEREAS, The important components of the program include outreach to families, regional centers, attorneys, the State Council on Developmental Disabilities, and other community members, development of organizational capacity and structure, development of counseling and educational materials for relevant programs and issues, including the federal Supplemental Security Income (SSI) program, Medi-Cal, and tax issues and benefits, a property cost component through a 30-year preservation plan evaluation, evaluation of issues related to accountability and oversight, and the development of materials and documents; and

WHEREAS, The flexibility of allowing a family to donate a family home with specific uses gives parents the confidence that their children will have a place to live after they are gone and peace of mind knowing that a dedicated housing organization will ensure the maintenance of the property while the partnership with the regional center will ensure appropriate services; and

WHEREAS, The California Legacy Home program is an important one way to address the housing crisis for Californians with a developmental disability, and is one of several solutions. disability. Another option that could meet the familys goals of securing housing for the individual is leaving the home in a special needs trust. A key component of person-centered planning is individual choice, and individuals with developmental disabilities should be able to choose alternative living options if such options improve the quality of life for the individual; and

WHEREAS, In November 2017, the State Department of Developmental Services reported a total caseload of 327,755 individuals with intellectual or developmental disabilities receiving community-based services coordinated by regional centers. Individuals in this population benefit greatly from the California Legacy Home program and an expansion of the program would provide more housing options for those in need; increased housing options that are affordable and meet their housing needs; and

WHEREAS, The Lanterman Housing Alliance is a key facilitator of the California Legacy Home program. The shared purpose of the Lanterman Housing Alliance is to network and communicate best practices and strategies to provide housing for people with developmental disabilities. Member organizations vary in size, make-up, and services. Many maintain strong ties to the local regional center in their service area, which empowers the collective mission of the Lanterman Housing Alliance to create affordable housing solutions for the population they serve; and

WHEREAS, The California Legacy Homes program creates a dedicated stock of housing that is cost effective for the state; now, therefore, be it

Resolved by the Senate of the State of California, the Assembly thereof concurring, That the Legislature intends to advance the work of the Senate Select Committee on Autism and Related Disorders by supporting the California Legacy Homes demonstration project leading to successful statewide implementation; further support the housing needs of individuals with developmental disabilities by exploring models that facilitate the private donation of homes in perpetuity; and be it further

Resolved, That the Legislature recognizes the work of other agencies organizations that have developed a property donation program; and be it further

Resolved, That the Legislature urges regional centers and other agencies organizations to bring public awareness to such programs; and be it further

Resolved, That the Secretary of the Senate transmit copies of this resolution to the author for appropriate distribution.

WHEREAS, Parents of children with developmental disabilities face difficult choices when it comes to ensuring housing for their children after they are gone. The housing issue affects aging parents with a child that lives at home, younger parents who want to ensure secure living environments now, and other family members who need or want to ensure the living environment for their family member; and

WHEREAS, The California Legacy Homes program is a program that allows a family to donate a home, condo, or other such dwelling to an experienced nonprofit housing organization whose mission is to serve people with developmental disabilities. The nonprofit housing organization will manage and own the property and guarantee that the person with the disability may live in the home as long as he or she is able. The regional center will ensure provision of services, if appropriate. Upon, the persons death, the home would then be available for others with developmental disabilities; and

WHEREAS, The California Legacy Homes program counsels individuals and families about future living arrangements, facilitates the donation of homes, forecasts needed maintenance and repairs over a 30-year period, ensures that funds are available for these purposes, establishes contingency plans, works with regional centers, families, and service providers to ensure a healthy and safe living environment, and keeps donated homes accessible and affordable for the long term; and

WHEREAS, Many families are searching for a way to plan for the future of a child with developmental disabilities, which can be costly to the state and to families; and

WHEREAS, One of the recommendations from the Senate Select Committee on Autism and Related Disorders is to develop programs that would promote the private donation of homes for individuals in perpetuity while allowing for the family member with a disability to live in the house until it is no longer appropriate; and

WHEREAS, The California Legacy Homes program is a way to leave a legacy for the benefit of a loved one and then for others with developmental disabilities well into the future; and

WHEREAS, The California Legacy Homes program is an option for families in areas that do not have such a program that can eventually be replicated by other agencies; and

WHEREAS, To implement the housing recommendation of the Senate Select Committee on Autism and Related Disorders, a demonstration project will be created through North Bay Housing Coalition that will build on the work that has already been created in the development of the California Legacy Homes program; and

WHEREAS, The demonstration project will create a model template that can be replicated throughout the state in areas that do not already have such a program; and

WHEREAS, The demonstration project has been in the development phase for five years with consultation of tax attorneys, special needs experts, and a wide array of housing experts from across northern California; and

WHEREAS, The purpose of the demonstration project is to create a mechanism for parents and family members to donate a home, ensuring not only that their family member would have a place to live for the rest of their lives, but to ensure others with developmental disabilities would have access to safe, decent housing. It is a mechanism to acquire and manage a permanent stock of safe, decent, affordable housing that is cost effective for the state; and

WHEREAS, The demonstration project would work with the Senate Select Committee on Autism and Related Disorders and housing workgroups to create a network of families who are looking to provide their own housing options; and

WHEREAS, The demonstration project would identify other property donation programs and link with a network of family members that are in the vicinity; and

WHEREAS, The California Legacy Homes program supports the philosophy of separation of housing and services through community-based housing in small-scale, scattered sites; and

WHEREAS, The important components of the program include outreach to families, regional centers, attorneys, the State Council on Developmental Disabilities, and other community members, development of organizational capacity and structure, development of counseling and educational materials for relevant programs and issues, including the federal Supplemental Security Income (SSI) program, Medi-Cal, and tax issues and benefits, a property cost component through a 30-year preservation plan evaluation, evaluation of issues related to accountability and oversight, and the development of materials and documents; and

WHEREAS, The flexibility of allowing a family to donate a family home with specific uses gives parents the confidence that their children will have a place to live after they are gone and peace of mind knowing that a dedicated housing organization will ensure the maintenance of the property while the partnership with the regional center will ensure appropriate services; and

WHEREAS, The California Legacy Home program is an important way to address the housing crisis for Californians with a developmental disability, and is one of several solutions. Another option that could meet the familys goals of securing housing for the individual is leaving the home in a special needs trust. A key component of person-centered planning is individual choice, and individuals with developmental disabilities should be able to choose alternative living options if such options improve the quality of life for the individual; and

WHEREAS, In November 2017, the State Department of Developmental Services reported a total caseload of 327,755 individuals with intellectual or developmental disabilities receiving community-based services coordinated by regional centers. Individuals in this population benefit greatly from the California Legacy Home program and an expansion of the program would provide more housing options for those in need; and

WHEREAS, The Lanterman Housing Alliance is a key facilitator of the California Legacy Home program. The shared purpose of the Lanterman Housing Alliance is to network and communicate best practices and strategies to provide housing for people with developmental disabilities. Member organizations vary in size, make-up, and services. Many maintain strong ties to the local regional center in their service area, which empowers the collective mission of the Lanterman Housing Alliance to create affordable housing solutions for the population they serve; and

WHEREAS, The California Legacy Homes program creates a dedicated stock of housing that is cost effective for the state; now, therefore, be it

Resolved by the Senate of the State of California, the Assembly thereof concurring, That the Legislature intends to advance the work of the Senate Select Committee on Autism and Related Disorders by supporting the California Legacy Homes demonstration project leading to successful statewide implementation; and be it further

Resolved, That the Legislature recognizes the work of other agencies that have developed a property donation program; and be it further

Resolved, That the Legislature urges regional centers and other agencies to bring public awareness to such programs; and be it further

Resolved, That the Secretary of the Senate transmit copies of this resolution to the author for appropriate distribution.

 UNFINISHED BUSINESS 

Bill No: SCR 107

Author: Beall (D), et al.

Amended: 6/14/18

Vote: 21

SENATE FLOOR: 37-0, 4/12/18

AYES: Allen, Anderson, Atkins, Bates, Beall, Berryhill, Bradford, Cannella, Dodd, Gaines, Galgiani, Glazer, Hernandez, Hertzberg, Hill, Hueso, Jackson, Lara, Leyva, McGuire, Mitchell, Monning, Moorlach, Morrell, Newman, Nguyen, Nielsen, Pan, Portantino, Roth, Skinner, Stern, Stone, Vidak, Wieckowski, Wiener, Wilk

NO VOTE RECORDED: De León, Fuller

ASSEMBLY FLOOR: Read and adopted, 7/2/18

SUBJECT: Developmental services: housing

SOURCE: Lanterman Housing Alliance

DIGEST:

This resolution declares Legislative intent to support the housing needs of individuals with developmental disabilities by exploring models that facilitate the private donation of homes in perpetuity.

Assembly Amendments

recognize that the Legacy Homes Program is one of several models worthy of exploration that hold the potential to provide for the housing needs of individuals with developmental disabilities; make various technical changes; and add co-authors.

ANALYSIS: This resolution makes the following legislative findings:

1. Parents of children with developmental disabilities face difficult choices related to ensuring housing for their children after they are gone and many families are searching for a way to plan for the future of a child with developmental disabilities;
2. The California Legacy Homes (CLH) program is a program that allows a family to donate a home, condo, or other dwelling to an experienced nonprofit housing organization whose mission is to serve people with developmental disabilities;
3. The CLH program supports the philosophy of separation of housing and services through community-based housing in small-scale, scattered sites;
4. The important components of the program include outreach to families, regional centers, attorneys, the State Council on Developmental Disabilities, and other community members, development of organizational capacity and structure, development of counseling and educational materials for relevant programs and issues;
5. The Lanterman Housing Alliance is a key facilitator of the CLH Program and the shared purpose of the Lanterman Housing Alliance is to network and communicate best practices and strategies to provide housing for people with developmental disabilities; and
6. The CLH Program creates a dedicated stock of housing that is cost effective for the state.

This resolution:

1. Intends to further support the housing needs of individuals with developmental disabilities by exploring models that facilitate the private donation of homes in perpetuity;
2. Recognizes the work of organizations that have developed a property donation program; and
3. Urges regional centers and organizations to bring public awareness to such programs.

Comments

According to the author:

Affordable housing is critical for individuals with developmental disabilities and limited incomes. Many adults live in family homes for as long as possible, and then (upon death or disability of a surviving parent) are forced to move, often to family members not fully prepared for this new responsibility. This move interferes with established relationships, community integration, access to supports and other valued outcomes.

Non-profit housing coalitions and Regional Center partners throughout California have collaborated on various projects including the California Legacy Homes (CLH) program. CLH provides a vital option for interested families by encouraging the gifting of real property to non-profit housing coalitions – all within the framework of maximum choice, independence, and meeting the needs and aspirations of the adult with developmental disabilities. The primary goals of CLH are to assist individuals & families to identify their future housing needs and plan for successful transition. Housing workshops and training follow a standard curriculum, modified to address the specific housing markets throughout the state.

The CLH program allows a family to donate a home, condo, or other such dwelling to an experienced nonprofit housing organization whose mission is to serve people with developmental disabilities. The nonprofit housing organization will manage and own the property and guarantee that the person with the disability may live in the home as long as he or she is able. The regional center will ensure provision of services, if appropriate. Upon the person’s death, the home would then be available for others with developmental disabilities.

Important components of the CLH program include outreach to families, regional centers, attorneys, the State Council on Developmental Disabilities, and other community members, development of organizational capacity and structure, development of counseling and educational materials for relevant programs and issues, including the federal Supplemental Security Income program, Medi-Cal, and tax issues and benefits, a property cost component through a 30-year preservation plan evaluation, evaluation of issues related to accountability and oversight, and the development of materials and documents.

The CLH program is an important way to address the housing crisis for Californians with a developmental disability, and is one of several solutions. Other options that could meet the family’s goals of securing housing for the individual is leaving the home in a special needs trust. A key component of person-centered planning is individual choice, and individuals with developmental disabilities should be able to choose alternative living options if such options improve the quality of life for the individual.

FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No

SUPPORT: (Verified 7/3/18)

Lanterman Housing Alliance (source)

OPPOSITION: (Verified 7/3/18)

None received

Prepared by: Jonas Austin / SFA / (916) 651-1520

7/3/18 17:32:09

**** END ****

SENATE THIRD READING

STR Bill Id:SCR 107

Author:(Beall)

As Amended Ver:June 14, 2018

Majority vote

SENATE VOTE: 37-0

SUMMARY: Declares Legislative intent to support the housing needs of individuals with developmental disabilities by exploring models that facilitate the private donation of homes in perpetuity.

Specifically, this resolution:

1. Makes a number of findings and declarations related to the housing needs of individuals with developmental disabilities, including the following:
   1. Parents of children with developmental disabilities face difficult choices related to ensuring housing for their children after they are gone and many families are searching for a way to plan for the future of a child with developmental disabilities;
   2. The California Legacy Homes (CLH) program is a program that allows a family to donate a home, condo, or other dwelling to an experienced nonprofit housing organization whose mission is to serve people with developmental disabilities;
   3. The CLH program supports the philosophy of separation of housing and services through community-based housing in small-scale, scattered sites;
   4. The important components of the program include outreach to families, regional centers, attorneys, the State Council on Developmental Disabilities, and other community members, development of organizational capacity and structure, development of counseling and educational materials for relevant programs and issues;
   5. The Lanterman Housing Alliance is a key facilitator of the CLH Program and the shared purpose of the Lanterman Housing Alliance is to network and communicate best practices and strategies to provide housing for people with developmental disabilities; and
   6. The CLH Program creates a dedicated stock of housing that is cost effective for the state.
2. Resolves by the Senate, and the Assembly thereof concurring, that the Legislature:
   1. Intends to further support the housing needs of individuals with developmental disabilities by exploring models that facilitate the private donation of homes in perpetuity;
   2. Recognizes the work of organizations that have developed a property donation program; and
   3. Urges regional centers and organizations to bring public awareness to such programs.
3. Resolves that the Secretary of the Senate transmit copies of the resolution to the author for appropriate distribution.

EXISTING LAW:

1. Establishes the Lanterman Developmental Disabilities Services Act, which declares California's responsibility for providing an array of services and supports to meet the needs of each person with developmental disabilities in the least restrictive environment, regardless of age or degree of disability, and to support their integration into the mainstream life of the community. (Welfare and Institutions Code Section (WIC) 4500, et seq.)
2. Establishes a system of nonprofit regional centers to provide fixed points of contact in the community for all persons with developmental disabilities and their families, to coordinate services and supports best suited to them throughout their lifetime. (WIC 4620)

FISCAL EFFECT: This resolution is keyed non-fiscal by the Legislative Counsel.

COMMENTS:

Developmental Services: In 1969, The Lanterman Developmental Disabilities Act established that individuals with developmental disabilities and their families have a right to receive the necessary supports and services required to live independently in the community. The Lanterman Act enumerates the rights of individuals with developmental disabilities, as well as the rights of their families, what services and supports are available to these individuals, and how regional centers and service providers work together to provide these supports and services. The term "developmental disability" is defined as a disability that originates before a person reaches 18 years of age, is expected to continue indefinitely, and is a significant disability for those individuals; such disabilities include, among others: epilepsy, autism spectrum disorder, and cerebral palsy. In addition to establishing the rights of individuals, the Lanterman Act also created California's regional center system comprised of 21 regional centers throughout the state, the primary purpose of which is to connect individuals with services in the community. While regional centers do not directly provide services to individuals and their families, they are charged with providing information and coordinating the delivery of services to consumers.

Housing for individuals with developmental disabilities: In California, one-third of renters pay more than 50% of their income toward rent, and California accounts for 22% of the nation's homeless population, according to the California Department of Housing and Community Development (HCD). While the state has made great strides in recent years to facilitate competitive, integrated employment for individuals with developmental disabilities, many of those individuals do not earn a living wage; in California where the cost of living is high, one's inability to afford increasing housing costs poses a threat to safety and well-being. For individuals with developmental disabilities, the need for specialized housing is exacerbated due to the difficulty in securing affordable, independent living options that also provide for a variety of mobility or medical needs. While state agencies, including the Department of Developmental Services (DDS) and HCD, are working to provide affordable housing to individuals with developmental disabilities, so too are private organizations.

Lanterman Housing Alliance: Legacy Homes Program: Founded in October 2014, the Lanterman Housing Alliance is a coalition of nonprofit organizations that seek to provide housing for individuals with developmental disabilities. In 2016, the Alliance received a $30,000 grant from Union Bank to develop a state-wide program that will enable families and others to ensure appropriate housing options for individuals with developmental disabilities. The grant provided the funding for the Alliance's statewide demonstration project, known as the Legacy Homes Program. According to the Alliance's Internet Web site, "The Legacy Homes Program provides a way for families of a person with developmental disability to provide a home for their loved one well into the future. Each particular situation will be unique to the needs of the person and the resources of the family. Typically, a family with an asset, such as a home, is able to partner with a member organization to develop the right ownership and ongoing property management scenario to meet their needs. The result is a well-planned scenario that provides for the housing needs of the person with a developmental disability."

Need for this resolution: According to the author, "Affordable housing is critical for individuals with developmental disabilities and limited incomes. Many adults live in family homes for as long as possible, and then (upon death or disability of a surviving parent) are forced to move, often to family members not fully prepared for this new responsibility. This move interferes with established relationships, community integration, access to supports and services, and other valued outcomes. The California Legacy Homes Program provides a vital option for interested families by encouraging the gifting of real property to non-profit housing coalitions – all within the framework of maximum choice, independence, and meeting the needs and aspirations of the adult with developmental disabilities. The CLH program is an important way to address the housing crisis for Californians with a developmental disability, and is one of several solutions."

Analysis Prepared by: Kelsy Castillo / HUM. S. / (916) 319-2089 FN: 0003529

Date of Hearing: June 12, 2018

ASSEMBLY COMMITTEE ON HUMAN SERVICES

Blanca Rubio, Chair

SBPCA Bill Id:SCR 107

Author:(Beall) – As Introduced Ver:February 26, 2018

SENATE VOTE: 37-0

SUBJECT: Developmental services: housing

SUMMARY: Declares Legislative intent to support the California Legacy Homes demonstration project in order to further the work of the Senate Select Committee on Autism and Related Disorders.

Specifically, this resolution:

1. Makes a number of findings and declarations related to the housing needs of individuals with developmental disabilities, including the following:
   1. Parents of children with developmental disabilities face difficult choices related to ensuring housing for their children after they are gone and many families are searching for a way to plan for the future of a child with developmental disabilities;
   2. The California Legacy Homes (CLH) program is a program that allows a family to donate a home, condo, or other dwelling to an experienced nonprofit housing organization whose mission is to serve people with developmental disabilities;
   3. One of the recommendations from the Senate Select Committee on Autism and Related Disorders is to develop programs that would promote the private donation of homes for individuals in perpetuity while allowing for the family member with a disability to live in the house until it is no longer appropriate;
   4. In order to implement the recommendation of the Senate Select Committee on Autism and Related Disorders, a demonstration project will be created through North Bay Housing Coalition that will build upon existing work of the CLH program, and create a model template that can be replicated throughout the state, in order to create a mechanism for parents and family members to donate a home in order to ensure that their family members have a place to live for the rest of his or her life;
   5. The CLH program supports the philosophy of separation of housing and services through community-based housing in small-scale, scattered sites;
   6. The important components of the program include outreach to families, regional centers, attorneys, the State Council on Developmental Disabilities, and other community members, development of organizational capacity and structure, development of counseling and educational materials for relevant programs and issues;
   7. The Lanterman Housing Alliance is a key facilitator of the CLH Program and the shared purpose of the Lanterman Housing Alliance is to network and communicate best practices and strategies to provide housing for people with developmental disabilities; and
   8. The CLH Program creates a dedicated stock of housing that is cost effective for the state.
2. Resolves by the Senate, and the Assembly thereof concurring, that the Legislature:
   1. intends to further the work of the Senate Select Committee on Autism and Related Disorders by supporting the California Legacy Homes demonstration project leading to successful statewide implementation;
   2. recognizes the work of other agencies that have developed a property donation program; and
   3. urges regional centers and other agencies to bring public awareness to such programs.
3. Resolves that the Secretary of the Senate transmit copies of the resolution to the author for appropriate distribution.

EXISTING LAW:

1. Establishes the Lanterman Developmental Disabilities Services Act, which declares California’s responsibility for providing an array of services and supports to meet the needs of each person with developmental disabilities in the least restrictive environment, regardless of age or degree of disability, and to support their integration into the mainstream life of the community. (WIC 4500, et seq.)
2. Establishes a system of nonprofit regional centers to provide fixed points of contact in the community for all persons with developmental disabilities and their families, to coordinate services and supports best suited to them throughout their lifetime. (WIC 4620)

FISCAL EFFECT: This resolution is keyed non-fiscal by Legislative Counsel.

COMMENTS:

Developmental Services: In 1969, The Lanterman Developmental Disabilities Act established that individuals with developmental disabilities and their families have a right to receive the necessary supports and services required to live independently in the community. The Lanterman Act enumerates the rights of individuals with developmental disabilities, as well as the rights of their families, what services and supports are available to these individuals, and how regional centers and service providers work together to provide these supports and services. The term “developmental disability” is defined as a disability that originates before a person reaches 18 years of age, is expected to continue indefinitely, and is a significant disability for those individuals; such disabilities include, among others: epilepsy, autism spectrum disorder, and cerebral palsy. In addition to establishing the rights of individuals, the Lanterman Act also created California’s regional center system comprised of 21 regional centers throughout the state, the primary purpose of which is to connect individuals with services in the community. While regional centers do not directly provide services to individuals and their families, they are charged with providing information and coordinating the delivery of services to consumers.

Housing for individuals with developmental disabilities: In California, one-third of renters pay more than 50% of their income toward rent, and California accounts for 22% of the nation’s homeless population, according to the California Department of Housing and Community Development (HCD). While the state has made great strides in recent years to facilitate competitive, integrated employment for individuals with developmental disabilities, many of those individuals do not earn a living wage; in California where the cost of living is high, one’s inability to afford increasing housing costs poses a threat to safety and well-being. For individuals with developmental disabilities, the need for specialized housing is exacerbated due to the difficulty in securing affordable, independent living options that also provide for a variety of mobility or medical needs. While state agencies, including the Department of Developmental Services (DDS) and HCD, are working to provide affordable housing to individuals with developmental disabilities, so too are private organizations.

Lanterman Housing Alliance: Legacy Homes Program: Founded in October 2014, the Lanterman Housing Alliance is a coalition of nonprofit organizations that seek to provide housing for individuals with developmental disabilities. In 2016, the Alliance received a $30,000 grant from Union Bank to develop a state-wide program that will enable families and others to ensure appropriate housing options for individuals with developmental disabilities. The grant provided the funding for the Alliance’s statewide demonstration project, known as the Legacy Homes Program. According to the Alliance’s Internet Web site, “The Legacy Homes Program provides a way for families of a person with developmental disability to provide a home for their loved one well into the future. Each particular situation will be unique to the needs of the person and the resources of the family. Typically, a family with an asset, such as a home, is able to partner with a member organization to develop the right ownership and ongoing property management scenario to meet their needs. The result is a well-planned scenario that provides for the housing needs of the person with a developmental disability.”

Senate Select Committee on Autism and Related Disorders: In April 2009, then-Senate President pro Tempore Darrell Steinberg announced the creation of the Senate Select Committee on Autism and Related Disorders in order to build upon the California Legislative Blue Ribbon Commission on Autism, which ended in November 2008. The goal of the select committee was to focus on issues related to establishing appropriate health insurance coverage, early identification and treatment, and promoting appropriate employment and housing for individuals with autism spectrum disorders. Between 2009 and 2014, the select committee convened 12 Autism Regional Taskforces and an Autism Statewide Coordinating Council in order to facilitate conversations between grass roots organizations and the select committee. The select committee spearheaded 51 pieces of legislation, of which 21 were signed into law; most notably, SB 946 (Steinberg), Chapter 650, Statutes of 2011, required health plans and health insurance policies to provide coverage for behavioral health therapy for autism and established an Autism Advisory Task Force in the Department of Managed Health Care.

Need for this resolution: According to the author, “Affordable housing is critical for individuals with developmental disabilities and limited incomes. Many adults live in family homes for as long as possible, and then (upon death or disability of a surviving parent) are forced to move, often to family members not fully prepared for this new responsibility. This move interferes with established relationships, community integration, access to supports and services, and other valued outcomes. The California Legacy Homes Program provides a vital option for interested families by encouraging the gifting of real property to non-profit housing coalitions – all within the framework of maximum choice, independence, and meeting the needs and aspirations of the adult with developmental disabilities. The CLH program is an important way to address the housing crisis for Californians with a developmental disability, and is one of several solutions.”

Suggested committee amendments: In order to recognize that the Legacy Homes Program is one of several models worthy of exploration that hold the potential to provide for the housing needs of individuals with developmental disabilities, and to make technical changes, committee staff recommends the following amendments:

1. Beginning on line 7, on page 1 of the bill, make the following amendments:

P1    1

WHEREAS, Parents of children with developmental disabilities

2

face difficult choices when it comes to ensuring housing for their

3

children after they are gone. The housing issue affects aging parents

4

with a child that lives at home, younger parents who want to ensure

5

secure living environments now, and other family members who

6

need or want to ensure the living environment for their family

7

member; and

8

WHEREAS, The California Legacy Homes program is a

9

program that allows a family to donate a home, condo, or other

10

such dwelling to an experienced nonprofit housing organization

11

whose mission is to serve people with developmental disabilities.

12

The nonprofit housing organization will manage and own the

13

property and guarantee owns and manages the property and guarantees that the person with the disability may live

14

in the home as long as he or she is able. The regional center will

P2    1

ensure provision of services, if appropriate. Upon, the person’s

2

death, the home would is then be available for others with

3

developmental disabilities; and

4

WHEREAS, The California Legacy Homes program counsels

5

individuals and families about future living arrangements,

6

facilitates the donation of homes, forecasts needed maintenance

7

and repairs over a 30-year period, ensures that funds are available

8

for these purposes, establishes contingency plans, works with

9

regional centers, families, and service providers to ensure a healthy

10

and safe living environment, and keeps donated homes accessible

11

and affordable for the long term; and

12

WHEREAS, Many families are searching for a way to plan for

13

the future of a child with developmental disabilities, which can be

14

costly to the state and to families; and

15

WHEREAS, One of the recommendations from the Senate Select

16

Committee on Autism and Related Disorders is to develop

17

programs that would promote the private donation of homes for

18

individuals in perpetuity while allowing for the family member

19

with a disability to live in the house until it is no longer appropriate;

20

and

21

WHEREAS, The California Legacy Homes program is a way

22

to leave a legacy for the benefit of a loved one and then for others

23

with developmental disabilities well into the future; and

24

WHEREAS, The California Legacy Homes program is an option

25

for families in areas that do not have such a program that can

26

eventually be replicated by other agencies organizations; and

27

WHEREAS, To implement the housing recommendation of the

28

Senate Select Committee on Autism and Related Disorders, a

29

demonstration project will be created through North Bay Housing

30

Coalition that will build on the work that has already been created

31

in the development of the California Legacy Homes program; and

32

WHEREAS, The demonstration project will create a model

33

template that can be replicated throughout the state in areas that

34

do not already have such a program; and

35

WHEREAS, The demonstration project has been in the

36

development phase for five years with consultation of tax attorneys,

37

special needs experts, and a wide array of housing experts from

38

across northern California; and

39

WHEREAS, The purpose of the demonstration project is to

40

create a mechanism for parents and family members to donate a

P3    1

home, ensuring not only that their family member would have a

2

place to live for the rest of their lives, but to ensure others with

3

developmental disabilities would have access to safe, decent

4

housing. It is a mechanism to acquire and manage a permanent

5

stock of safe, decent, affordable housing that is cost effective for

6

the state; and

7

WHEREAS, The demonstration project would work with the

8

Senate Select Committee on Autism and Related Disorders and

9

housing workgroups to create a network of families who are

10

looking to provide their own housing options; and

11

WHEREAS, The demonstration project would identify other

12

property donation programs and link with a network of family

13

members that are in the vicinity; and

14

WHEREAS, The California Legacy Homes program supports

15

the philosophy of separation of housing and services through

16

community-based housing in small-scale, scattered sites; and

17

WHEREAS, The important components of the program include

18

outreach to families, regional centers, attorneys, the State Council

19

on Developmental Disabilities, and other community members,

20

development of organizational capacity and structure, development

21

of counseling and educational materials for relevant programs and

22

issues, including the federal Supplemental Security Income (SSI)

23

program, Medi-Cal, and tax issues and benefits, a property cost

24

component through a 30-year preservation plan evaluation,

25

evaluation of issues related to accountability and oversight, and

26

the development of materials and documents; and

27

WHEREAS, The flexibility of allowing a family to donate a

28

family home with specific uses gives parents the confidence that

29

their children will have a place to live after they are gone and peace

30

of mind knowing that a dedicated housing organization will ensure

31

the maintenance of the property while the partnership with the

32

regional center will ensure appropriate services; and

33

WHEREAS, The California Legacy Home program is an

34

important one way to address the housing crisis for Californians with

35

a developmental disability, and is one of several solutions. Another

36

option that could meet the family’s goals of securing housing for

37

the individual is leaving the home in a special needs trust. A key

38

component of person-centered planning is individual choice, and

39

individuals with developmental disabilities should be able to choose

P4    1

alternative living options if such options improve the quality of

2

life for the individual; and

3

WHEREAS, In November 2017, the State Department of

4

Developmental Services reported a total caseload of 327,755

5

individuals with intellectual or developmental disabilities receiving

6

community-based services coordinated by regional centers.

7

Individuals in this population benefit greatly from the California

8

Legacy Home program and an expansion of the program would

9

provide more housing options for those in need increased housing options that are affordable and meet their housing needs; and

10

WHEREAS, The Lanterman Housing Alliance is a key facilitator

11

of the California Legacy Home program. The shared purpose of

12

the Lanterman Housing Alliance is to network and communicate

13

best practices and strategies to provide housing for people with

14

developmental disabilities. Member organizations vary in size,

15

make-up, and services. Many maintain strong ties to the local

16

regional center in their service area, which empowers the collective

17

mission of the Lanterman Housing Alliance to create affordable

18

housing solutions for the population they serve; and

19

WHEREAS, The California Legacy Homes program creates a

20

dedicated stock of housing that is cost effective for the state; now,

21

therefore, be it

22

Resolved by the Senate of the State of California, the Assembly

23

thereof concurring, That the Legislature intends to advance the

24

work of the Senate Select Committee on Autism and Related

25

Disorders by supporting the California Legacy Homes

26

demonstration project leading to successful statewide

27

Implementation further support the housing needs of individuals with developmental disabilities by exploring models that facilitate the private donation of homes in perpetuity; and be it further

28

Resolved, That the Legislature recognizes the work of other

29

agencies organizations that have developed a property donation program; and

30

be it further

31

Resolved, That the Legislature urges regional centers and other

32

agencies organizations to bring public awareness to such programs; and be it

33

further

34

Resolved, That the Secretary of the Senate transmit copies of

35

this resolution to the author for appropriate distribution.

REGISTERED SUPPORT / OPPOSITION:

Support

Lanterman Housing Alliance

Opposition

None on file.

Analysis Prepared by: Kelsy Castillo / HUM. S. / (916) 319-2089

 THIRD READING 

Bill No: SCR 107

Author: Beall (D)

Introduced: 2/26/18

Vote: 21

SUBJECT: Developmental services: housing

SOURCE: Lanterman Housing Alliance

DIGEST:

This resolution declares the intent of the Legislature to advance the work of the Senate Select Committee on Autism and Related Disorders by supporting the California Legacy Homes demonstration project leading to successful statewide implementation and recognizes the work of other agencies that have developed a property donation program.

ANALYSIS: This resolution makes the following legislative findings:

1. Parents of children with developmental disabilities face difficult choices when it comes to ensuring housing for their children after they are gone. The housing issue affects aging parents with a child that lives at home, younger parents who want to ensure secure living environments now, and other family members who need or want to ensure the living environment for their family member.
2. The California Legacy Homes program is a program that allows a family to donate a home, condo, or other such dwelling to an experienced nonprofit housing organization whose mission is to serve people with developmental disabilities. The nonprofit housing organization will manage and own the property and guarantee that the person with the disability may live in the home as long as he or she is able. The regional center will ensure provision of services, if appropriate. Upon, the person’s death, the home would then be available for others with developmental disabilities.
3. The California Legacy Homes program counsels individuals and families about future living arrangements, facilitates the donation of homes, forecasts needed maintenance and repairs over a 30-year period, ensures that funds are available for these purposes, establishes contingency plans, works with regional centers, families, and service providers to ensure a healthy and safe living environment, and keeps donated homes accessible and affordable for the long term.
4. One of the recommendations from the Senate Select Committee on Autism and Related Disorders is to develop programs that would promote the private donation of homes for individuals in perpetuity while allowing for the family member with a disability to live in the house until it is no longer appropriate.
5. To implement the housing recommendation of the Senate Select Committee on Autism and Related Disorders, a demonstration project will be created through North Bay Housing Coalition that will build on the work that has already been created in the development of the California Legacy Homes program.
6. The demonstration project has been in the development phase for five years with consultation of tax attorneys, special needs experts, and a wide array of housing experts from across northern California.
7. The purpose of the demonstration project is to create a mechanism for parents and family members to donate a home, ensuring not only that their family member would have a place to live for the rest of their lives, but to ensure others with developmental disabilities would have access to safe, decent housing. It is a mechanism to acquire and manage a permanent stock of safe, decent, affordable housing that is cost effective for the state.

This resolution:

1. Declares the intent of the Legislature to advance the work of the Senate Select Committee on Autism and Related Disorders by supporting the California Legacy Homes demonstration project leading to successful statewide implementation and recognizes the work of other agencies that have developed a property donation program.
2. Recognizes the work of other agencies that have developed a property donation program.
3. Urges regional centers and other agencies to bring public awareness to such programs.

Comments

According to the author:

Affordable housing is critical for individuals with developmental disabilities and limited incomes. Many adults live in family homes for as long as possible, and then (upon death or disability of a surviving parent) are forced to move, often to family members not fully prepared for this new responsibility. This move interferes with established relationships, community integration, access to supports and other valued outcomes.

Non-profit housing coalitions and Regional Center partners throughout California have collaborated on various projects including the California Legacy Homes (CLH) program. CLH provides a vital option for interested families by encouraging the gifting of real property to non-profit housing coalitions – all within the framework of maximum choice, independence, and meeting the needs and aspirations of the adult with developmental disabilities. The primary goals of CLH are to assist individuals & families to identify their future housing needs and plan for successful transition. Housing workshops and training follow a standard curriculum, modified to address the specific housing markets throughout the state.

The CLH program allows a family to donate a home, condo, or other such dwelling to an experienced nonprofit housing organization whose mission is to serve people with developmental disabilities. The nonprofit housing organization will manage and own the property and guarantee that the person with the disability may live in the home as long as he or she is able. The regional center will ensure provision of services, if appropriate. Upon the person’s death, the home would then be available for others with developmental disabilities.

Important components of the CLH program include outreach to families, regional centers, attorneys, the State Council on Developmental Disabilities, and other community members, development of organizational capacity and structure, development of counseling and educational materials for relevant programs and issues, including the federal Supplemental Security Income program, Medi-Cal, and tax issues and benefits, a property cost component through a 30-year preservation plan evaluation, evaluation of issues related to accountability and oversight, and the development of materials and documents.

The CLH program is an important way to address the housing crisis for Californians with a developmental disability, and is one of several solutions. Other options that could meet the family’s goals of securing housing for the individual is leaving the home in a special needs trust. A key component of person-centered planning is individual choice, and individuals with developmental disabilities should be able to choose alternative living options if such options improve the quality of life for the individual.

FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No

SUPPORT: (Verified 3/7/18)

Lanterman Housing Alliance (source)

OPPOSITION: (Verified 3/7/18)

None received

Prepared by: Jonas Austin / SFA / (916) 651-1520

3/9/18 10:28:13

**** END ****