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October-November 2021

 

 

Dear Supporters and Endorsers of the Housing Not Handcuffs Campaign,
 
Thank you so much for your continued support. We appreciate your partnership while we advocate on behalf of people experiencing homelessness. While the COVID-19 pandemic continues to disproportionately and discriminatorily affect our unhoused neighbors, we are grateful for the sustained advocacy of our allies and partners who refuse to lose sight of the goal of providing housing and dignity to people experiencing homelessness in lieu of handcuffs. These partners include the National Low Income Housing Coalition, whose leaders are spearheading advocacy[[link removed]] to pass the Build Back Better Act along with its historic investments in housing, as well as a host of local litigators whose important work in the courts is catalogued in this newsletter. 
 
Still, it is not lost on us that discrimination, criminalization, and violence continue to plague communities experiencing homelessness. Earlier this month, body camera footage released[[link removed]] by police in Tustin, CA depicts the inhumane and unjustifiable murder of an unhoused man, Mr. Luis Manuel Garcia, at the hands of police. Only a few weeks prior, an encampment sweeps program in the Nation's Capital resulted[[link removed]] in an encampment resident's tent being bulldozed with him still inside of it. These incidences are far from isolated, and highlight a pattern of violence against unhoused people at the hands of the same governmental agencies and officers that purport to serve and protect them. Laws that criminalize homelessness only fuel this violence, ratifying racist and abelist fears of poverty and increasing contact with police. It is against this backdrop that we continue to fight against the criminalization of homelessness and for law and policy solutions that prioritize housing and humanity. 
 

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IN THIS ISSUE
 
Legislative Updates

Litigation Updates

Federal Policy Updates

 

Announcements

 

Campaign Updates

Legislative Updates
 
Build Back Better Act Passes House, Moves to Senate
On Nov. 19, the House of Representatives voted to approve[[link removed]] the Build Back Better Act, which provides $1.75 trillion in economic recovery funds, including $150 billion in affordable housing expenditures. The vote came after resistance from Democratic centrists in the House who refused to vote on the Act without a full Congressional Budget Office analysis. Build Back Better, along with its historic investments in homelessness solutions, now awaits a vote in the Senate. Advocates should continue to contact[[link removed](CTA_housed_111821)] their Congressional representatives and urge them to vote yes on the Act. 
 
Keeping Renters Safe Act Awaits Vote in Committee
At the end of September, Rep. Cori Bush introduced H.R. 5307 – Keeping Renters Safe Act of 2021[[link removed]] to the House Committee on Energy and Commerce. The Bill clarifies the authority of the Secretary of Health and Human Services to implement and maintain a residential eviction moratorium, and directs HHS to implement such a moratorium that will remain in effect for at least 60 days following the conclusion of the COVID-19 public health emergency. The Act[[link removed]] has 49 cosponsors in the House and 5 in the Senate, and is endorsed by 81 organizations, including the Law Center.
 
Litigation Updates
 
Lawsuit Against San Luis Obispo Challenges Citywide Practices of Excluding People Experiencing Homelessness from Public Spaces
California Rural Legal Assistance and the Public Interest Law Project filed a lawsuit[[link removed]] against the City of San Luis Obispo, challenging several ordinances that prevent unhoused residents from sheltering in the City’s open spaces and streets. According to the initial complaint, San Luis Obispo has “a policy and practice of citing, fining, and arresting – as well as threatening to cite, fine, and arrest – unsheltered persons to force them to “move along” from public parks, creeks, sidewalks, open spaces, streets, and parking facilities” and the city “often seizes and destroys the personal possessions that these unhoused and unsheltered individuals need for protection, privacy, survival.”  
 
ACLU of Massachusetts Files Geddes v. City of Boston to Stop Encampment Sweeps in Boston
ACLU Massachusetts, along with WilmerHale, filed a lawsuit[[link removed]] earlier this month to prevent the City of Boston from clearing out encampments without first rehousing encampment residents. The lawsuit comes after recent encampment evictions that displaced encampment residents and destroyed their property.
 
Motion for Class Certification Granted in Alabama Panhandling Case
Earlier this month, the District Court for the Middle District of Alabama granted[[link removed]] the plaintiffs’ motion for class certification in an ongoing lawsuit[[link removed]] challenging panhandling prohibitions in Montgomery, Alabama. The decision allows the named plaintiffs in the case to proceed on behalf of all individuals who will in the future stand on a public street in the state of Alabama for the purpose of soliciting contributions or employment, or who will in the future loiter, remain, or wander in a public place in the State of Alabama for the purpose of begging.
 
Advocates Prepare to Argue in Ninth Circuit to Keep Preliminary Injunction in Place Protecting People Experiencing Homelessness in Berkeley
In September, Where Do We Go Berkeley[[link removed]], a nonprofit comprised of people experiencing homelessness, obtained a preliminary injunction[[link removed]] against the California Department of Transportation (CALTRANS) that prevented CALTRANS from evicting encampment residents based on the federal and state constitutions and the Americans with Disabilities Act. The District Court for the Northern District of California held in its decision that the Plaintiffs, “have sufficiently shown a likelihood of irreparable injury to the individual plaintiffs if the encampments where they are living were to be closed …” and “state a plausible claim that the discrimination clause affords them the right to a reasonable accommodation” under the ADA.
 
CALTRANS is currently in the process of appealing the preliminary injunction to the Ninth Circuit, and the Law Center, along with Disability Rights Advocates, plans to file an amicus brief in support of the Plaintiff-Appellees. 
 
Denver Homeless Out Loud Argues Before Tenth Circuit to Stop Denver from Seizing Tents and Belongings
On Nov. 16, Denver Homeless Out Loud made oral arguments[[link removed]] before the Tenth Circuit Court of Appeals arguing[[link removed]] that the preliminary injunction[[link removed]] issued by the District Court requiring that Denver provide advance written notice for all sweeps should be upheld. Denver Homeless Out Loud first brought the case in October 2020 to challenge the city of Denver’s practice of conducting encampment sweeps without sufficient notice and seizing and disposing of homeless individuals’ property without due process of law.
 
Though the preliminary injunction issued by the District Court is narrow in scope, it does prevent Denver from conducting any encampment sweeps without seven days’ advance written notice unless the Colorado Department of Public Health and Environment determines that there is a reasonable, evidence-based public health or safety risk that requires an encampment sweep.
 
Federal Policy Updates
 

USICH Solicits Comments for Federal Strategic Plan to Prevent and End Homelessness
The U.S. Interagency Council on Homelessness (USICH) is accepting comments[[link removed]] from individuals, organizations, and stakeholders to inform its development of a new Strategic Plan to Prevent and End Homelessness. The new Strategic Plan will focus on leveraging American Rescue Plan funds to invest in long-term solutions to homelessness. USICH released a vision statement[[link removed]] regarding the Strategic Plan that prioritizes decriminalizing homelessness, affirms the principle that housing should be a right rather than a privilege, and commits to centering racial justice in the new iteration of the Strategic Plan. The Law Center circulated a Draft Comment[[link removed]] earlier this month and encourages advocates to submit their own comments and suggestions.
 
Phoenix Police Launch Web Page to Track Progress of DOJ Investigation
In August, the DOJ launched[[link removed]] an investigation into allegations of excessive use of force against individuals experiencing homelessness by the Phoenix Police Department. The investigation was announced after video footage was released depicting two Phoenix police officers striking a person at a homeless encampment. Recently, Phoenix Police created a web page[[link removed]] to provide updates on the investigation and answer FAQs. 
 
FEMA Extends Reimbursement for Non-Congregate Shelter To April 2022
The Biden Administration announced[[link removed]] that FEMA funding to support COVID-19 recovery costs will continue at a 100% federal cost share through April 1, 2022. This means that FEMA funding will be available to local, state, tribal, and territorial governments, as well as to certain non-profit organizations, to reimburse costs of emergency medical care and non-congregate shelter stays associated with COVID-19 prevention and response.
 
HUD Interim Final Rule, Extension of Time and Required Disclosures for Nonpayment of Rent, Goes Into Effect
In October, the Department of Housing and Urban Development (HUD) published an Interim Final Rule[[link removed]] that went into effect on Nov. 8. The Interim Final Rule amended HUD regulations to require that during a national emergency, public housing authorities (PHAs) administering any public housing program and owners of project-based rental assistance properties must provide at least 30 days notice of lease termination due to nonpayment of rent. Under the rule, PHAs and owners must also provide information to tenants to support them in securing available funding to pay rent or otherwise procure housing.  
 
On Nov. 8, the day the Interim Final Rule went into effect, The National Low Income Housing Coalition (NLIHC) and the National Housing Law Project (NHLP) sent a letter[[link removed]] to HUD Secretary Marcia Fudge urging HUD to act more comprehensively to prevent evictions by amending the Interim Final Rule. The letter points out that the 30-day-notice requirement may not apply to all HUD tenants based on how the Rule is written, and does not ensure that all tenants will have access to federal emergency rental assistance, among other shortcomings. The Law Center, along with several other national and state-based organizations, signed onto the letter. 

Announcements

 
Law Center to Release Housing Not Handcuffs State Law Supplement and Host Release Webinar 
The Law Center is gearing up to release the State Law Supplement to the Housing Not Handcuffs Report, which tracks and analyzes statewide laws that criminalize homelessness. Among other important findings, the Supplement reports that 48 out of 50 states and the District of Columbia have some form of law criminalizing homelessness at the state level. 
 
The Law Center will host a webinar on Wednesday, Dec. 1 at 2 PM EST/11 AM PST to discuss the Supplement's findings, share efforts to repeal harmful state laws, and hold space for a conversation about the lived experiences of those who have been affected by laws that criminalize homelessness. Register for the Webinar here[[link removed]].
 
Next HNH Quarterly Web Convening Set for January 27, 2022 at 2 PM EST/11 AM PST
The Law Center will host the next Housing Not Handcuffs Quarterly Web Convening on January 27, 2022 at 2 PM EST/11 AM PST. Click here to register[[link removed]] and submit proposed agenda items that you would like to discuss during the convening.
 
National Low Income Housing Coalition launches Initiative to Eliminate Rental Indebtedness
The National Low Income Housing Coalition has launched the End Rental Arrears to Stop Evictions (ERASE) Project[[link removed](natl-call_summary_11-08-2021)] to ensure that pandemic-caused rental debt does not lead to evictions for low-income renters. The initiative will be tracking and analyzing emergency rental assistance and working with federal, state, and local leaders to document and share best practices. 
 
Stay Up to Date!
Check out the Law Center in the News[[link removed]] section of our website to see coverage of our staff and of our work in communities across the country. Additionally, make sure to subscribe to our organizational news letter In Just Times[[link removed]], check out press releases[[link removed]] from the Law Center, and follow our social media[[link removed]]!
 
HNH Campaign / Organizational Resources
This one pager[[link removed]] provides an overview of the HNH Campaign and outlines concrete ways for people to get involved. It also includes a fact sheet on the criminalization of homelessness. This tool is useful to share with people who are already familiar with homelessness issues and are looking for more information about the HNH Campaign. Additional resources can be found here[[link removed]].
 
Resources, news, and initiatives by the Law Center regarding Coronavirus can be found at our Coronavirus hub[[link removed]].
 
Campaign Branding 

We encourage campaign endorsers to link relevant events to the national Housing Not Handcuffs campaign. Please see the guidelines for branding your materials here[[link removed]].  

 

 

 

 
 

 
This newsletter was designed, drafted, and distributed by the
National Homelessness Law Center
homelesslaw.org[homelesslaw.org]
 
on behalf of the Housing Not Handcuffs Campaign
housingnothandcuffs.org[[link removed]]
 

 

 
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