According to the federal Fair Housing Act, a disability is defined as a person with a physical or mental impairment, which can include substance addiction.

FALL RIVER — The Fall River Housing Authority has been moving young disabled residents into housing that was for years designated as elderly after the housing agency failed to file important and required plans on time to the U.S. Department of Housing and Urban Development.

The housing authority’s action came to light after a number of concerned senior constituents living in historically elderly only public housing complained to local elected officials about the new practice.

According to the federal Fair Housing Act, a disability is defined as a person with a physical or mental impairment, which can include substance addiction.

“My concern is for my constituents who don’t have a lot of affordable elderly housing options in the city. Some have been living in elderly housing for 20 years and they don’t have other options,” said Rep. Carole Fiola. “So that’s a concern, and does it concern me the housing authority missed a deadline, of course it does.”

At issue is what is called a Designated Housing Plan that the housing authority administration failed to include in their annual plan submitted to HUD back in January. In March, they were notified by HUD the annual plan was rejected because of the omission and other issues with the plan.

The DHP is meant to designate which public housing properties will house the elderly, families and the disabled.

Before FRHA’s plan expired, Cottell Heights, Mitchell Heights, Holmes Apartments, O’Brien Apartments, Oak Village, Oliveira Apartments, Doolan Apartments, Bates & Tower were elderly housing only.

At Cardinal Medeiros Towers and Barissi Heights, both elderly and disabled can be placed for housing.

FRHA Interim Director Timothy Barrows said the housing authority had originally submitted a renewal of the DHP, but “they never got back to us and the time just went on and on.”

However, HUD informed the housing authority they are still required to submit a new application for designated housing. Due to some changes in status of FRHA housing a consultant was hired and it took time to gather data needed for the new application.

In a letter obtained by The Herald News that was addressed to then interim FRHA Executive Director Tom Collins, HUD references a 2017 Corrective Action Plan that addressed “deficiencies at the FRHA including an expired DHP.”

HUD gave a target date for FRHA to submit a new designated housing plan on April 1 that would require a public hearing after a 45-day notice period.

At the time, HUD informed the housing authority that without an approved designation plan, they were required by law to house young disabled as available apartments opened if they were next on the waiting list, said Barrow.

That date set by HUD apparently came and went without the submission of an annual plan or a DHP.

Fiola said her constituents from the Holmes property reached out to her after disabled residents were suddenly placed. They made her aware that 55 residents had signed a petition protesting the housing authority’s change to the property's elderly only status.

The state rep. said she was shocked to learn of the change in status at the Holmes property and other formerly elderly only properties due to the expired DHP.

Fiola set up a meeting with Barrows and housing authority residents on August 2. The interim director was accompanied by Collins and other FRHA staff. She said Barrows indicated the housing authority was working on the issue.

“But they have laid vulnerable those who expect to live in elderly housing,” said Fiola.

According to Rhonda Siciliano, public affairs officer of the New England Region of HUD, FRHA filed the annual plan with the on Aug. 1, the day before meeting with Fiola and the residents.

Siciliano said HUD has 75 days to approve or reject the annual plan and there will be no ramifications from HUD on the delay.

Barrows said he felt the meeting with Fiola and approximately 30 to 40 residents “went very well,” and the staff explained the process and the timeline.

“Nobody was up in arms,” said Barrow, who indicated that about 15 young disabled residents have been placed in formerly elderly only facilities.

City Councilor Stephen Long, who has a half-dozen years working with HUD as the former executive director at the Community Development Agency, said he’s also heard from concerned senior citizens living in housing authority properties and is outraged by the agency’s lack of action on the plans, saying it was “only the tip of the iceberg.”

“Is it incompetency, I don’t know, but we’ve failed our elderly and we’ve failed our residents,” Long said, adding that any HUD required plans “was our bible at the CDA.”

Long cited other concerns with the housing authority that included a lack of maintenance of its properties and residents safety.

Long himself had just recently received a copy of HUD’s March letter and had some thoughts if he was a member of the FRHA board.

“If I’d gotten that letter I would have written a document that I want everyone involved's resignation today. This doesn’t make any sense,” Long said.

Barrow said until DHP is approved, the housing authority is still required by law to place the young disabled in all housing. Once approved, the properties will be designated the same as before, he said.

Email Jo C. Goode at jgoode@heraldnews.com