Four years ago, Scotland enacted national legislation to ensure the human right to housing for all homeless persons within 10 years. It's an enforceable right. An individual denied the right to housing can go to court to enforce it.

The 10 year time frame may be familiar to housing advocates, but while the U.S. government is promoting 10 year plans, Scotland has created rights.

According to a conversation I recently had with a key proponent of Scotland's advocacy campaign, the unity forged within the "housing lobby" was essential to its enactment. A receptive government official also made a difference. Despite the challenges, I believe a similar campaign is possible here.

A consensus statement, recently drafted and signed by national organizations, defines the national policies needed to end homelessness. It is a powerful start and it should form the basis for legislation that moves law and policy to end homelessness forward. It should be widely circulated and signed by local, regional and national groups.

Earlier this month Louise Arbour, the U.N. High Commissioner for Human Rights, made an official visit to the U.S. I had the opportunity to tell her about the housing crisis in the U.S and the assault on the rights and dignity of homeless and poor people in our country. She and the other advocates in the room were visibly shocked as I described how local governments are beginning to punish people who share food with homeless people in public places.

Human rights principles can and should also inform the foundation of our advocacy agenda and our next steps forward. NLCHP is planning to follow up on this meeting in an effort to further engage the Commissioner and the human rights community.

For more information on the meeting with the U.N. High Commissioner, please see the article entitled: Food Sharing Bans Shock U.N. High Commissioner on Human Rights.

To sign the consensus statement, e-mail Laurel Weir or call her at 202-638-2535.

Maria Foscarinis
Executive Director

On June 13, the U.S. District Court in New Orleans granted motions for a preliminary injunction and class certification in a lawsuit against the Federal Emergency Management Agency (FEMA) on behalf of low-income individuals driven from their homes by Hurricanes Katrina and Rita.

The lawsuit filed by NLCHP; Steptoe & Johnson LLP; Weil, Gotshal & Manges LLP; and a coalition of public interest organizations and private law firms, alleges that FEMA unlawfully terminated assistance to the plaintiffs without proper notice, without an opportunity to appeal the decision, and without a fair hearing.

"The court's order will protect tens of thousands of people from becoming homeless," explained Maria Foscarinis, NLCHP Executive Director. "People who are still suffering from the devastation of Katrina know first hand the chaos that has characterized FEMA's response. Now a federal court has ruled that FEMA's response is not only unacceptable, but also unconstitutional. This is truly a major victory."

The suit, Ridgely v. FEMA, alleges that FEMA's process of terminating assistance violates hurricane victims' right to due process under the Fifth Amendment to the U.S. Constitution. The suit also challenges FEMA's actions in cutting off assistance to individuals that it claims were overpaid without explaining why it believes the person was overpaid, without informing them that they can request a hardship waiver, and without providing an opportunity to contest the overpayment determination.

"FEMA is supposed to provide assistance to people in times of great need," Catherine Bendor, NLCHP Deputy Legal Director said. "The agency is cutting off vital housing assistance to recipients who have not had a chance to be heard and who often don't even know why their assistance is being terminated."

The plaintiffs also contend that FEMA failed to publish standards setting forth the eligibility requirements, that it operated an unresponsive system of administrative review, and that it issued termination notices that were confusing and contained little more than undecipherable acronyms.

The lawsuit seeks a permanent injunction requiring FEMA to comply with the requirements of the Constitution by providing individuals displaced by Hurricane Katrina, and victims of future disasters, with clear notification of the reasons why it is denying continued housing assistance or seeking repayment of assistance, as well as an opportunity for disaster victims to appeal a decision and receive a fair hearing.

"Since the Gulf Coast hurricanes, FEMA's system of administering aid has proven time and again to be flawed," Bendor explained. "The haphazard method in which FEMA has administered assistance is unacceptable."

Click here for more information about Ridgely v. FEMA.

Click here for an article about the decision from the New Orleans Times-Picayune.

Click here for a U.S.A. Today story about the Hurricane Katrina Victims.

On June 7, NLCHP Executive Director Maria Foscarinis gave testimony at an invitation only briefing on human rights issues in the U.S. with the UN High Commissioner on Human Rights, Louise Arbour. NLCHP reported on U.S. cities prohibiting or restricting charitable organizations and individuals from sharing food with homeless people in public places.

NLCHP's description of U.S. cities' food sharing restrictions elicited one of the strongest reactions from the High Commissioner. Despite hearing countless stories about human rights abuses from around the globe, the High Commissioner and the entire U.N. delegation were visibly shocked when they heard about the callousness of the restrictions.

Recent ordinances passed in Dallas, Las Vegas, and Orlando threaten charitable organizations and individuals that share food with homeless people with criminal punishment and fines.

These bans especially threaten the health of disabled persons who are homeless and cannot access centralized food distribution points. The bans also violate the most basic of human rights, the right to life, along with the rights to food and health.

The High Commissioner expressed interest in working with NLCHP to address these violations, and NLCHP plans to follow up on the issue with her office. NLCHP is already involved in ongoing or pending litigation on the food sharing restrictions in these cities, and is integrating international advocacy with its domestic campaigns on behalf of the charitable institutions and the homeless people they serve.

For more information on NLCHP's Human Rights program, contact Eric Tars.

Click here for the testimony of NLCHP Executive Director Maria Foscarinis.

Click here for the report submitted to the U.N. High Commissioner on Human Rights.

Thanks to the Mertz Gilmore Foundation and the U.S. Human Rights Fund for their support of the Human Rights program at NLCHP.

On May 22, the Federal Housing Financial Reform Act of 2007, H.R. 1427, was passed by the House of Representatives. The bill includes a provision that would create an affordable housing program for low-income persons that uses funds set aside from Fannie Mae and Freddie Mac.

The program would provide approximately $500 million for affordable low-income housing each year. Additionally, the bill would allow the funds to be used as a dedicated revenue source for a National Housing Trust Fund if such a fund is enacted in the future.

Several amendments offered on the House floor by opponents of the Affordable Housing Fund (AHF) were defeated. The defeated amendments included removing the program from the bill and preventing the funds from being set-aside in the future for a National Housing Trust Fund.

Thanks to the many NLCHP supporters who contacted their Members of Congress urging them to support the AHF and reject the negative amendments.

A few negative amendments were added to H.R. 1427, including one that would require persons wishing to reside in AHF housing to provide identification documents. The list of acceptable identification documents is very limited. It includes REAL ID-compliant documentation and other identification documents that may be difficult for homeless persons to obtain. NLCHP is seeking to have that provision removed or altered if the bill goes before a conference committee.

NLCHP will work for passage of the Affordable Housing Fund in the Senate. If you would like more information or would like to get involved in supporting the legislation, please contact Laurel Weir.

During the summer and early fall, NLCHP is conducting a training entitled, "Improving Housing and School Stability for Domestic Violence Survivors and Their Children" at locations in DC, Virginia, and Maryland. The training is designed to assist service providers, advocates, and attorneys who help families affected by domestic violence.

The training includes information about recent changes to the Violence Against Women Act that can protect survivors from eviction and increase their access to housing. In addition, it includes information about the McKinney-Vento Act which ensures that children can easily enroll in school and maintain school placements while protecting the privacy of the families.

The first session was held on June 19 in Washington, DC at King & Spalding LLP.

Repeat sessions will likely be held in Baltimore, Richmond, and via teleconference. Keep checking the NLCHP website for more information about the subsequent trainings.

NLCHP would like to thank the Freddie Mac Foundation for its generous support of the Children & Youth and Domestic Violence programs.

On Wednesday, October 24, 2007, NLCHP will host the 9th Annual McKinney-Vento Awards at the Hotel Monaco in Washington, D.C. This event honors individuals and organizations for their leadership in advancing solutions to end homelessness and poverty for millions of children, women, and men in America.

This year we are pleased to present the 2007 Stewart B. McKinney Award to Senator Jack Reed for his long-time commitment and advocacy on behalf of low-income and homeless Americans. Because of his role in supporting the McKinney-Vento Act, the 20th anniversary year of that landmark legislation is an especially appropriate time to recognize his commitment to ending and preventing homelessness.

Etan Thomas, of the Washington Wizards, and Judge Jay Zainey, U.S. District Court Judge, will both receive the 2006 Bruce F. Vento Award. Mr. Thomas is a relentless advocate for the rights of homeless and low-income men, women, and children and he also raised significant resources for Hurricane Katrina relief. Judge Zainey organized the Homeless Experience Legal Protection (H.E.L.P) Program, in which attorneys provide legal consultation and notary services at homeless centers in New Orleans. Plans are underway to start H.E.L.P. programs throughout the country, and to set up a national network working with existing local programs, and with the support of a new collaboration between H.E.L.P. and NLCHP.

The 2006 Pro Bono Counsel Award goes to Covington & Burling LLP because of the firm's role in securing enactment of the McKinney-Vento Act and for its two decades of commitment to ending homelessness in the United States.

Click here for more information.

Each year, NLCHP selects an individual who has experienced homelessness to receive the Personal Achievement Award to recognize his or her accomplishments and service to those still experiencing homelessness. This person will be recognized for his or her personal achievement as a formerly homeless person at the 2007 McKinney-Vento Awards Dinner.

We would like your help in finding our Personal Achievement Award winner this year.

Here are the criteria for the award:

• Encountered difficulties in obtaining services or benefits that would allow him/her to get an education, training, or pursue other goals that would ultimately lead to employment and/or stable housing. It can also include efforts that helped his/her family be more secure and stable, such as access to childcare or education or services - that had a significant effect on the family as a whole.
• Overcame barriers to obtaining services or benefits with the help of a local service provider that, ideally, included guidance from NLCHP.
• Has a success story to tell and is willing to speak in front of an audience at the McKinney-Vento event.

If you would like to nominate an individual for the award, please e-mail Amy Warnick detailing how they meet the above criteria.

LEAP is a national legal community philanthropic effort to help homeless and poor American achieve self-sufficiency. LEAP members provide financial support and pro bono legal services to help NLCHP prevent and end homelessness.

NLCHP would like to thank our current LEAP member firms:

Baker & Hostetler LLP; Fried, Frank, Harris, Shriver & Jacobson LLP; Goodwin Procter LLP; Hogan & Hartson LLP; Jenner & Block LLP; Jones Day; King & Spalding LLP; Morrison & Foerster Foundation; O'Melveny & Myers LLP; Sidley Austin LLP; Sullivan & Cromwell LLP; and WilmerHale

Visit our website at www.nlchp.org! Contact us at (202) 638-2535 or email us at network@nlchp.org