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NLCHP News: Children's Right to Housing; 10 Meanest Cities
IJT Logo
A publication of the National Law Center on Homelessness & Poverty )
Lawyers Working to End Homelessness Vol. 8, No. 7
In this issue
  • From Maria's Desk
  • Every Child Deserves the Right to Housing
  • Homes Not Handcuffs: 10 "Meanest Cities" Announced
  • NLCHP Court Victory Helps Keep Homeless Child in School
  • Maria Foscarinis Speaks Out on CNN
  • McKinney-Vento Event Sponsorships
  • Deadline Approaching for Children's Art Contest
  • Government Employees - Please support NLCHP through the CFC!

  • From Maria's Desk
    Maria

    What would a right to housing look like here in the U.S? We are one step closer to answering this question, with Congresswoman Maxine Water's introduction last month of House Resolution 582, calling for a right to housing for children and their families.

    First and foremost, a right to housing in the U.S. would mean that no one would have to be homeless. It would mean that our government would adopt and follow policies that made sure that all people were able to afford a place to live. This could happen in any number of ways: With direct government funding, with incentives to private developers, with funds to non-profit developers. It would not mean that the government would have to build houses for everyone and give them away for free.

    Policies like the one that was just enacted that protect renters' rights in foreclosure help bring us a step closer to that right. They help guarantee "security of tenure"-a basic element of the right to housing. [To see all seven elements click here.] We need more victories like that one in order to have the right to housing here at home.

    There are many rights we take for granted today in our country. To take just one example, we assume that everyone has the right to drive-even though in some countries women do not. Why shouldn't we assume that-at least in a country with as many resources as ours-everyone should be able to afford a decent place to live?

    At his press conference on March 24, President Obama put it well: "[I]t is not acceptable for children and families to be without a roof over their heads in a country as wealthy as ours." Exactly. Now we need to turn rhetoric into reality-for all Americans who are homeless.

    Let's take a step toward that goal. Please join us by endorsing House Resolution 582. Contact us at nlchp@nlchp.org to get involved.

    Every Child Deserves the Right to Housing

    On June 25th, Maxine Waters, the Chair of the House Subcommittee on Housing and Community Opportunity, introduced a resolution supporting the right to housing for all children together with their families. The resolution affirms that housing for children is not just a value we share as Americans, it is a basic human right.

    But, as recent reports have noted, the crisis of child homelessness is increasing, with an estimated 1.5 million children facing homelessness this year. In its July 2009 Homeless Assessment Report to Congress, the U.S. Department of Housing and Urban Development (HUD) estimated that the number of homeless families grew by approximately 9% in the sheltered population. This report actually understates the extent of the problem because HUD uses a narrow definition of homelessness and does not consider individuals or families homeless if they are living doubled up with other families or in certain other unstable housing situations. According to HUD's data, approximately 29% of families had been staying with family or friends just prior to entering the homeless assistance system.

    "It's important that Congress acknowledge the fundamental right of children to adequate housing. Nearly 200,000 children and youth are homeless each night in America. It is appalling and unacceptable that so many children are living on the streets without shelter. The dangers of not having safe and adequate housing are especially harmful to children's health and development," said Congresswoman Waters.

    The resolution comes as a result of persistent advocacy by a number of national and local organizations, including NLCHP at the federal level, and in Los Angeles, Beyond Shelter, the LA Coalition to End Hunger and Homelessness, and University of Southern California Professor Ralph Fertig.

    The primary cause of homelessness in the United States is a lack of affordable housing; 13.7 million Americans pay over 50% of their income on rent or live in substandard housing, putting them at high risk for homelessness. Programs such as the Family Unification Program (FUP) which provide vouchers to keep families together not only produced documented savings (compared to the cost of foster placement) but also resulted in an almost 90 percent retention rate among homeless families.

    Homes Not Handcuffs: 10 "Meanest Cities" Announced

    On July 14th, the National Law Center on Homelessness & Poverty (NLCHP) and the National Coalition for the Homeless (NCH) released a joint report, Homes Not Handcuffs, tracking a growing trend in U.S. cities - the criminalization of homelessness. The report focuses on specific city measures from 2007 and 2008 that have targeted homeless persons, such as laws that make it illegal to sleep, eat, or sit in public spaces. The report includes information about 273 cities nationwide, and ranks the top 10 U.S. cities with the worst practices in relation to criminalizing homelessness. In addition to the "meanest cities," the report identifies examples of more constructive approaches to homelessness. The report is available here.

    NLCHP and NCH released their last joint report on the topic in 2006. In the 224 cities surveyed in both reports, there was an 11% increase in laws prohibiting loitering in certain public places and a 7% increase in laws prohibiting "camping" in certain public spaces.

    Maria Foscarinis, NLCHP's Executive Director, noted, "Homelessness in America is a human rights crisis right here at home. As foreclosures continue and the recession deepens, the crisis is affecting more and more Americans. But while some cities offer a helping hand, too often, as documented in our report, cities adopt unjust laws and practices that punish people simply for being poor and homeless."

    While more cities are cracking down on homeless people living in public spaces, the housing and homelessness crisis in the United States has worsened over the past two years, particularly due to the current economic and foreclosure crises. According to a report released last week by the U.S. Department of Housing and Urban Development, 41.8% of the homeless population was unsheltered between January 2007 and January 2008. Most cities do not have adequate shelter space or affordable housing to meet the need, leaving many homeless persons with no choice but to live in public spaces.

    "Criminalizing homelessness is not only an inhumane way of approaching people who are poor and vulnerable, but is counterproductive in dealing with the problem of homelessness," said Tulin Ozdeger, NLCHP Civil Rights Program Director. "It costs more to jail a person than it does to provide permanent supportive housing."

    The report also includes information about costs studies examining criminalization measures, constitutional challenges to measures that criminalize homelessness, how criminalization measures violate human rights law, as well as constructive alternatives to criminalization, such as developing innovative strategies to allocate more city funds for permanent housing, job training and services for homeless people. In addition, NLCHP and NCH recommend that the U.S. Interagency Council on Homelessness, recently charged by Congress with developing such alternatives, urge cities to stop criminalizing homelessness and adopt such constructive measures instead.

    NLCHP Court Victory Helps Keep Homeless Child in School

    NLCHP, together with pro bono partner Goodwin Procter LLP, celebrated a victory for a homeless child in New York last month. As reported in the January 2009 edition of IJT, the child, "Joey," was a third grade special-needs student whose mother had lost her home due to high bills from her cancer treatments. She and Joey moved into her mother's basement in the neighboring district, though she continued to work in her former town. Joey was having success in his special education program, and his mother did not want him to have to disrupt his program in the middle of the year.

    NLCHP and Goodwin Procter filed suit in December against the district and New York State for various violations of the McKinney-Vento Act, which protects homeless children's right to continue attending their school of origin throughout the duration of their homelessness. Under the law, homeless persons doubling up with family or friends due to economic hardship are explicitly included as entitled to protection. Filing the lawsuit brought immediate relief to the family, as the school stipulated they would allow Joey to remain through the end of the school year. Goodwin Procter attorneys assisted Joey in further developing his special education program, and with the end of the school year, the family agreed it would be best to start in their new district, settling the case.

    Concerns remain regarding New York State's procedures for enforcing the McKinney-Vento Act, and NLCHP will work with the State to press for improvements.

    Maria Foscarinis Speaks Out on CNN

    Maria Foscarinis, NLCHP's Executive Director, was quoted in a video clip on CNN about the controversial practice of lobbyists paying homeless people to stand in line for hours at a time to save a spot at public hearings. Ms. Foscarinis said it is ironic that some of the most powerful people in the country are using some of the most vulnerable to hold a place in line for them. "They're likely to be standing in line for people who well may be opposed to universal health care that would be a benefit for poor and homeless people," Foscarinis said. "And yet they may be standing there for the purpose of access for the interests that are opposed to their own." Click here to view the video and read the article.

    McKinney-Vento Event Sponsorships

    Sponsorship information is available here. Sponsorship must be received by July 20, 2009 in order for logos to be on the event invitation.

    The event will take place on Thursday, September 24, 2009 at 6:30pm at the L'Enfant Plaza Hotel in Washington, D.C.

    NLCHP created the McKinney-Vento Awards to recognize individuals or organizations that have advanced solutions to homelessness and poverty. These awards also pay tribute to two outstanding national leaders in the fight to end homelessness, Stewart B. McKinney and Bruce F. Vento.

    Stewart B. McKinney Honorees This year, NLCHP pays tribute to the producers and director of the film Kicking It. This documentary, selected to World Premiere in the Spectrum category at the 2008 Sundance Film Festival, chronicles the lives of seven players in the 2006 Homeless World Cup, representing several different countries, including the U.S. NLCHP will honor Susan Koch, the film's director and a filmmaker at Cabin Films; producer, Ted Leonsis (Washington Capitals, AOL), and the following executive producers:

    • Rick Allen (Snag Films)
    • Kat Byles (Homeless World Cup)
    • Keith Clinkscales (ESPN)
    • Jack Davies (Venture Philanthropy Partners)
    • Raul Fernandez (Object Video)
    • Sheila C. Johnson (Salamander Hospitality, LLC)
    • Russ Ramsey (Ramsey Asset Management)

    2009 Bruce F. Vento Honoree NLCHP is proud to present Representative Maxine Waters from California with the 2009 Bruce F. Vento Award. As Chair of the Subcommittee on Housing and Community Opportunity, Ms. Waters has been an essential partner in passing the Helping Families Save Their Homes Act of 2009 and in working to secure recognition of the right to housing for all children.

    2009 Pro Bono Honoree We are also delighted to present WilmerHale with our 2009 Pro Bono Counsel Award. The firm provided extensive support in preparation of our recent report, Without Just Cause, a 50-state review of legal protections for renters in foreclosed properties. Since the report's release, new federal protections for renters have become law.

    Personal Achievement Award Winner The Law Center is pleased to honor G.W. Rolle, of St. Petersburg, FL. Mr. Rolle began living on and off the streets at the age of 14. While struggling to break the cycle of homelessness, he became an outspoken homeless advocate. Mr. Rolle is currently an Americorps VISTA volunteer with the National Coalition for the Homeless' Faces of Homelessness Speaker's Bureau in Pinellas County. Mr. Rolle was concerned with the lack of dignity afforded to homeless individuals in St. Petersburg and began assisting in a project in St. Petersburg aimed at addressing the criminalization of homelessness in that city.

    Deadline Approaching for Children's Art Contest

    Time is running out to mail your submissions for NLCHP's annual artwork contest for homeless and low-income children!

    Each year, NLCHP selects one winner and two runners-up whose artwork will be displayed at the McKinney-Vento Awards ceremony, along with other selected artwork from this and previous years' contests. The winning artwork will also be used on the four awards that will be presented to honorees at the event, as well as other NLCHP outreach materials. The top three artists will also receive a prize for their outstanding work.

    Submissions will be accepted from children in the DC area who are enrolled in after-school programs or art-related organizations serving homeless and low-income children, or who are currently residing in shelters. Entries in the contest must meet all criteria listed in the guidelines, and must also include the entry & release form, signed by a parent or legal guardian. The winner will be invited to attend NLCHP's awards dinner in September, along with his or her parents.

    The deadline for submissions is August 15, 2009. Visit the NLCHP website for more information.

    Government Employees - Please support NLCHP through the CFC!

    NLCHP has been admitted for participation in the 2009 Combined Federal Campaign (CFC) as a member of Human and Civil Rights Organizations of America. Our CFC code is: 11947. If you are eligible to participate in the campaign, please consider donating to NLCHP!

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    NLCHP is a 501(c)(3) organization. Contact us at (202) 638-2535 or email us at nlchp@nlchp.org
    Or visit our website at http://www.nlchp.org

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