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December-January 2022

 

 

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 national advocacy organizations that are leading efforts to expand funding for affordable housing and homelessness services in Washington, D.C., a dedicated network of litigators whose hard-fought battles in the courts continue to build awareness and shape precedent to advance the rights of people experiencing homelessness, and local activists whose actions on the ground ensure the safety and humanity of our unhoused neighbors while also holding communities and governments accountable for criminalizing tactics. 
 
While our partners - you all - are invaluable in the fight to decriminalize homelessness, the most important stories and voices are those belonging to people with lived experience of homelessness who continue to be targeted and discriminated against based solely on their status as unhoused. Laws and policies that criminalize homelessness codify dangerous and prejudicial beliefs about who is included in our collective conceptions of community, and they fuel state and private violence[[link removed]] against unhoused people.
 
As we forge on in the fight to end the criminalization of homelessness, we will continue to elevate the victories and efforts of our partners, while also doing everything in our power to center people with lived experiences of homelessness and criminalization. And as we honor and remember those who have lost their lives to violence[[link removed]] perpetuated by misguided and harmful policy, we will also work to ensure that our shared notion of community includes all of us. 
 

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IN THIS ISSUE
 
Legislative Updates

Litigation Updates

Federal Policy Updates

 

Announcements

 

Campaign Updates

Legislative Updates
 
Housing investments proposed in Build Back Better Act and FY22 spending package at risk of reduction    
The “Build Back Better” Act[[link removed]] now faces reallocation of its proposed investments after Senator Manchin refused to support the spending plan last December. Earlier this month, President Biden[[link removed](cta_Housed_01202022)] confirmed that trimming down the package is needed to pass at least some of the original appropriations. As Congress advances with discussion, advocates must demand protection and enactment of the bill’s historically massive investments[[link removed]] in accessible, affordable public housing. Contact your Congressional representative here[[link removed](natl-call_summary_01-18-2022)] to defend and maximize housing investments in the repackaged Build Back Better Act.  
 
Advocates should also urge their senators and representatives not to extend the continuing resolution (CR) that emerged after months of Congressional stall. A prolonged funding freeze would significantly impair[[link removed]] housing and community development programs. The House proposal[[link removed]] of the FY22 spending bill includes monumental investments in affordable housing, including the expansion of Housing Choice Vouchers and increased HUD program budgets. Contact your Congressional representative here[[link removed]] before the current CR expires on February 18th, 2022.  
 
The Law Center signed letters drafted by the Campaign for Housing and Community Development Funding[[link removed]] urging Congress to include housing investments in the updated Build Back Better Act[[link removed]] and FY22[[link removed]].  
 
For further discussion on how the latest Congressional spending negotiations impact access to affordable housing, watch the National Low Income Housing Coalition’s (NLIHC) HoUSed campaign call here[[link removed]].  
 
 
Cities resume Point-in-Time count after COVID hiatus, Washington state pushes for improved methodology in State Senate 
Cities from Snohomish, Washington[[link removed]] to Wood County, West Virginia[[link removed]] are continuing their annual point-in-time (PIT) counts in the first quarter of 2022. While critiques[[link removed]] of the PIT count exist, this federally-mandated census[[link removed]] of individuals experiencing homelessness is a critical dataset in providing funding for support services and organizations. Despite HUD’s guidance[[link removed]] on conducting COVID-safe PIT counts, many localities had to postpone[[link removed]] data collection in 2021 due to the increased risk of exposure and subsequent volunteer shortages. This year’s return of the PIT count will provide a much-needed update on the growth[[link removed]] of homeless populations nationwide since the pandemic.  
 
To further improve homeless count accuracy in Washington state, State Senator Lynda Wilson committed to sponsoring Senate Bill 5607[[link removed]]. The Bill expands the state homeless censuses to include individuals in jails and hospitals who were homeless before entering such facilities. On January 19, the Bill advanced to the Rules Committee for second reading.  
 
Heating and Cooling Relief Act of 2022 proposes significant investments in the Low Income Home Energy Assistance Program  
On January 20, the Law Center signed on as an organizational co-sponsor to the Heating and Cooling Relief Act[[link removed]], legislation introduced by Senator Ed Markey (D-MA) and Representative Jamaal Bowman (D-NY-16) that aims to combat disproportionately high energy burdens experienced by low-income households, as well as Black, Hispanic, and Native American households. The bill would authorize $40 billion in annual funding to the Low Income Home Energy Assistance Program (LIHEAP)[[link removed]]. These investments include expanded LIHEAP eligibility such that no household spends more than 3% its annual income on energy cost, and ensures states can use LIHEAP to respond to climate adaptation.  
 
Congress considers “Reforming Disaster Recovery Act” to ensure federal disaster recovery efforts reach low-income households  
On January 19, National Low Income Housing Coalition President Diane Yentel gave testimony[[link removed](NLIHC_CTA_01192022)] before the subcommittee on the House Financial Services Committee urging Congress to pass the Reforming Disaster Recovery Act[[link removed](NLIHC_CTA_01192022)]. NLIHC has been leading advocacy efforts for equitable disaster housing recovery since Hurricane Katrina in 2005. The Act was introduced by Senators Brian Schatz (D-HI), Susan Collins (R-ME), Todd Young (R-IN), Patrick Leahy (D-VT), and Bill Cassidy (R-LA), as well as Representative Al Green (D-TX). If passed, it would permanently authorize HUD’s Community Development Block Grant-Disaster Recovery Program and implement safeguards to ensure that disaster recovery funds reach those with the greatest need, and provide long-term resources to rebuild affordable housing.  
 
Contact your senators and representatives[[link removed]] and encourage them to pass the Reforming Disaster Recovery Act to protect low-income households and preserve affordable housing in regions affected by natural disasters.  
 
Dover, Delaware City Council rejects “anti-dawdling” ordinance  
ACLU Delaware scored a new victory[[link removed]] last month over a proposed “anti-dawdling” ordinance. The Law Center provided expertise on “anti-loitering” case law that was included in the ACLU’s letter to Dover city council. Following this pushback,  the council unanimously voted to abandon the ordinance.  Loitering and panhandling remain a crime in Dover’s municipal code, but the council now plans to create a committee to discuss current loitering language and alternative solutions. 
 
Kansas City becomes 13th city with right to counsel for tenants facing eviction, Connecticut and New Orleans prepare to implement right to counsel  
In December, Kansas City became the 13th city and 16th jurisdiction with a right to counsel for tenants facing eviction. The ordinance[[link removed]] guarantees full-scope representation and covers all tenants facing eviction, regardless of income.  
 
Additionally, Connecticut’s statewide right to counsel law, passed last June, is set to go into effect[[link removed]] this month. The law will guarantee a right to counsel to all tenants facing eviction who earn 80% or below of the area median income. New Orleans City Council also passed[[link removed]] its 2022 budget in December, allocating[[link removed].] $2 million to a new right to counsel program that will guarantee legal representation for all tenants facing eviction.  
 
Litigation Updates
 
Warren v. City of Chico reaches settlement agreement  
Last April[[link removed]], eight unhoused individuals, represented by the Legal Services of Northern California, filed a lawsuit against the city of Chico for enforcing ordinances that prohibit encampments on public property. This month, the Chico City Council voted to authorize a settlement agreement[[link removed]] which is now awaiting signature from the Eastern District of California judge.
 
In the agreement[[link removed]], the city committed to building a new Housing Site with 177 pallet shelters. The projected Chico Emergency Non-Congregate Housing Site will include sanitation services, potable drinking water, garbage disposals, laundry, meals and kitchens, and other amenities. The new Housing Site will not be permitted to require participation in any programs or services as a condition of entry, and must be open 24/7 for occupants. Additionally, the settlement prohibits the city of Chico from enforcing any of its anti-camping ordinances until the Housing Site is open and available.  
 
Ninth Circuit denies rehearing in Garcia v. Los Angeles  
Back in September, a Ninth Circuit panel affirmed a preliminary injunction prohibiting the city of Los Angeles from discarding possessions belonging to unhoused individuals. On December 13, the Ninth Circuit denied the city’s petition for a rehearing, leaving in place the previous injunction.  
 
Unhoused plaintiff brings suit against Lafayette police department to challenge anti-panhandling ordinances  
Earlier this month, George Henegan, an unhoused man living in Lafayette, Louisiana, filed a lawsuit[[link removed]] in the Western District of Louisiana against the Lafayette Police Department and other city officials for allegedly violating his First Amendment rights by enforcing an anti-panhandling ordinance. Represented by attorneys from the Roderick and Solange MacArthur Justice Center in New Orleans, Henegan initiated the lawsuit[[link removed]] after being arrested twice in November 2020, and ultimately being sentenced to 30 days in jail.  
 
Specifically, the lawsuit challenges three Lafayette ordinances, one prohibiting soliciting through spoken, written, or printed word; one prohibiting “criminal mischief;” and a third prohibiting obstruction of a highway of commerce.  
 
North Wilkesboro homeless shelter wins zoning lawsuit against town 
In December, the district court judge for the Western District of North Carolina granted summary judgment[[link removed]] to Catherine H. Barber Memorial Homeless Shelter in its lawsuit against the town of North Wilkesboro, North Carolina. The shelter, originally opened in 1987, brought the lawsuit after the city denied its application for a conditional-use permit to move into a new two-story building in order to expand. Despite having no ordinances related to homeless shelters, North Wilkesboro enacted a provision to its land-use plan just prior to the Catherine H. Barber Memorial Homeless Shelter applying for its conditional-use permit.  
 
In early December, both parties filed motions seeking summary judgments. On December 20, U.S. District Court Judge Kenneth D. Bell granted the Plaintiff’s motion, finding that the land-use provision that the town used to deny the shelter’s conditional-use permit was “unreasonable, arbitrary and capricious” and violated state law as well as the Fourteenth Amendment to the U.S. Constitution.  
 
On January 18, North Wilkesboro officials held a meeting of the town’s Board of Commissioners, at which they decided not to appeal[[link removed]] the December ruling.  
 
Federal Policy Updates
 

USICH releases updated Omicron guidance for homeless service providers 
The U.S. Interagency Council on Homelessness (USICH) published new guidance[[link removed]] for homeless service providers on responding to the Omicron variant of COVID-19. Citing increased vulnerability to COVID-19 for people experiencing homelessness, the USICH continues to recommend non-congregate sheltering[[link removed]] options, and suggests that the 10-day quarantine period be continued[[link removed]] for individuals experiencing homelessness. The guidance includes best practices for managing congregate housing spaces in situations in which non-congregate and individual housing options are unavailable.    
 
FEMA allocates $530 million in Emergency Food and Shelter Program funds  
The Emergency Food and Shelter Program (EFSP)[[link removed]] will continue to reimburse local organizations dedicated to serving individuals experiencing hunger or homelessness. Designed to support people facing non-disaster related emergencies, the program received appropriations via the Consolidated Appropriations Act of 2021 and American Rescue Plan Act. A list of qualifying jurisdictions for the award can be accessed here[[link removed]].  
 
HUD issues over $271 million in disaster recovery and community development funds 
On January 11, the Department of Housing and Urban Development (HUD) announced the Community Development Block Grant-Disaster Recovery (CDBG-DR[[link removed]]) and Community Development Block Grant-Mitigation (CDBG-MIT[[link removed]]), which allocated more than $85 million and $186 million respectively. The recently proposed “Reforming Disaster Recovery Act”[[link removed]] ensures permanent authorization of HUD funds, and includes critical reforms to help expand the reach of both CDBR-DR and CDBG-MIT. 
 

Announcements

 
Recording of NLADA panel regarding tenant right to counsel and legal aid providers now available 
The National Legal Aid and Defender Association (NLADA) hosted its annual conference in November, including a panel discussion on the right to counsel for tenants facing eviction. The panel featured  
Andrew Scherer (New York Law School), Hazel Remesch (Legal Aid Society of Cleveland), and Deepa Varma (Tenants Together (San Francisco)), and the recording is available here[[link removed]]. 
 
Opportunity Starts at Home Campaign send letter urging Congress to fully fund Housing Choice Voucher program 
On January 19, the “Opportunity Starts at Home[[link removed]]” campaign, an affordable housing-focused coalition launched by the National Low Income Housing Coalition and other organizations, sent a letter[[link removed](memo_012422)] to Congress urging a major expansion to rental assistance in the FY22 Spending Bill. Specifically, the letter requests that the House expand the Housing Choice Vouchers program tor each an additional 125,000 households in order to address the growing gap between households eligible for federal housing assistance and households that are actually able to receive federal housing assistance.  
 
Boston University Initiative on Cities releases new report on mayoral and local responses to homelessness  
In December, Boston University’s Initiative on Cities released its annual Menino Report[[link removed](memo_012422)], focused on how mayors are tackling homelessness in their cities. The Initiative surveyed 126 mayors in cities with over 75,000 residents between June and August of 2021. Among its key findings, the report notes that 60% of surveyed mayors say that limited funding is a significant barrier to addressing homelessness in their cities, 28% have no staff exclusively dedicated to serving people experiencing homelessness, 10% do not have access to city-level data on homelessness, and only 40% explicitly outline a policy goal of reducing homelessness.  
 
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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