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December 2019

 

 

Dear Supporters and Endorsers of the Housing Not Handcuffs Campaign,
 
This month has been a time of action for the Housing Not Handcuffs Campaign!  We released our 2019 Report on the criminalization of homelessness. We were thrilled when the Supreme Court refused to review Martin v. Boise, leaving the 9th Circuit decision prohibiting the criminalization of sleeping outside absent adequate alternatives intact. Multiple communities have now committed to stop enforcement and even repeal their criminalization laws and instead explore shelter, housing, and other alternatives. This is in no small part due to the members of this Campaign, which has surged past 1,000 endorsements. Learn more about the change that is happening below, and k[[link removed]]eep encouraging your friends, colleagues, and elected officials to endorse.[[link removed]]

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If you have submissions for the next newsletter, please fill out this Google form[[link removed]]  by January 13th.

 

Campaign Updates

 
Supreme Court Denies Review of Martin v. Boise
 
On December 16, 2019, the Supreme Court of the United States denied a petition[[link removed]] by the City of Boise to review the case Martin v. Boise[[link removed]]. Martin is a landmark ruling issued by the 9th Circuit Court of Appeals in response to the city of Boise enforcing its Camping and Disorderly Conduct Ordinances against people experiencing homelessness.
 
A panel of the 9th Circuit held that the City cannot “criminalize conduct that is an unavoidable consequence of being homeless—namely sitting, lying, or sleeping on the streets” in the absence of adequate alternatives. The 9th Circuit further held that “as long as there is no option of sleeping indoors, the government cannot criminalize indigent, homeless people for sleeping outdoors, on public property, on the false premise they had a choice in the matter.”
 
After the Martin ruling, the City of Boise petitioned the entire 9th Circuit to rehear the case en banc. When the 9th Circuit rejected the City’s petition, the City petitioned the Supreme Court for review. The Supreme Court denied the City’s writ of certiorari. Though this denial does not extend the 9th Circuit’s ruling into other jurisdictions, it informs the national conversation surrounding the ruling. We are thrilled with the Supreme Court’s decision not to review Martin v. Boise and hope to see other districts apply its rationale.
 
“Despite the doom and gloom of the appellants and those who joined them in filing amici, this ruling is a win for everyone,” said Eric Tars, Legal Director at the Law Center. “Cities can still address encampments on their streets, they just have to do it in constructive ways that reduce harm and actually help end homelessness. Public health and public safety are best maintained by making sure everyone has an adequate place to live, not by putting homeless people in jail or giving them fines and fees they can’t pay.”
 
Newly Confirmed Executive Director of USICH
 
On December 10, 2019, Robert Marbut was confirmed as the new Executive Director of USICH. He was recommended to replace Matthew Doherty, a staunch advocate for people experiencing homelessness who was forced to resign. The Law Center is concerned with positions that Marbut has previously taken regarding homelessness. For example[[link removed]], he has discourage cities and individuals offering food or money to people living on the streets, and has advocated for forcing homeless people into “campuses” under threat of arrest.
 
Marbut’s appointment aligns with the Trump Administration’s plan[[link removed]] to crack down on homeless encampments in California via executive order. We expect the Trump Administration to unveil its executive order soon and will update as we know more. We discussed the initial news of the executive order in the September 2019 edition[[link removed]] of the Housing Not Handcuffs newsletter.
 
Despite these concerns, the Law Center will continue to push for a housing-first approach to homelessness and hopes to continue working in pursuit of affordable housing with USICH. We will fight against any approach, by USICH or the Trump Administration, that promotes the criminalization of homelessness. The Law Center expects to meet with Robert Marbut sometime prior to January 15.
 
Expungement / Sealing Can Mean One Less Barrier to Housing (Contributed by Victoria Palacio, State Advocacy Coordinator at Legal Action Center[[link removed]])
 
Earlier this year, Tennessee passed a bill[[link removed]] that would eliminate the filing fee for expungement applications, making it easier for those with criminal records to have their records expunged. This was a huge victory for Tennesseans, and HNH members No Health = No Justice[[link removed]] have noted that such legislation can be particularly helpful for homeless individuals in the state who struggle to access housing and other opportunities due to involvement in the criminal legal system.
 
As many as one in three Americans[[link removed]] have a criminal record of some form. Having prior involvement in the criminal justice system can lead to barriers in every aspect of life including securing employment, education, and housing, just to name a few. In fact, people who have been incarcerated are 10 times more likely[[link removed]] to experience homelessness than the general population. However, simply having a criminal record can affect one’s housing as well. Federal laws give local housing agencies significant leeway to decide whether to bar individuals with criminal records from public housing premises. Many public housing authorities deny eligibility[[link removed]] for federally assisted housing based on an arrest that never led to a conviction. Private landlords also impose blanket criminal record bans[[link removed]] on tenant applications. Additionally, background checks that are often incomplete, outdated, and sometimes inaccurate lead to people being excluded from both the public and private housing markets.
 
One option states have to combat these practices is to enact legislation that allows arrests that did not lead to conviction and convictions after a period of time to be sealed or expunged. These reforms can mitigate the housing discrimination experienced by many individuals with criminal records—largely low-income individuals from communities of color.
 
Many states have begun to recognize the need to seal or expunge certain criminal records. However, often times, financial and legal hurdles make it difficult for people to access this remedy. We celebrate Tennessee’s win, and we hope other states will consider limiting public access to criminal record information as a strategy for lowering barriers to successful reintegration into society, while protecting public safely and reducing homelessness.
 
Reforming Disaster Recovery Act of 2019
 
On November 18, 2019, the House of Representatives approved the “Reforming Disaster Recovery Act of 2019”[[link removed]] (RDRA) in a bipartisan 290-118 vote. RDRA is important legislation that offers financial protections for low-income victims of presidentially-declared disasters, including persons who are housing insecure or homeless. The National Law Center on Homelessness & Poverty worked with the National Low Income Housing Coalition’s Disaster Housing Recovery Coalition to develop these reforms.
 
RDRA improves recovery for the most vulnerable people by permanently authorizing the Community Development Block Grant – Disaster Recovery program, which is often the only recovery funding available to extremely low-income communities affected by disasters. By permanently authorizing the program, RDRA ensures that disaster relief funds reach victims most in need. For example, RDRA requires funding plans to prioritize the one-for-one replacement of destroyed or damaged public or federally subsidized housing units.
 
RDRA promotes coordination in recovery and discourages discriminatory funding allocation by requiring data sharing and reporting. It requires agencies involved with disaster relief share all recovery related data and requires HUD to make all the data it collects during disaster recovery publicly available. This HUD data includes racial and geographic data, to prevent funds from being allocated in a discriminatory fashion. Though RDRA is still pending Senate approval, its bipartisan passage in the House is a strong step forward.

Announcements

2019 Criminalization Report
 
On December 10, 2019, the Law Center released its report[[link removed]] Housing Not Handcuffs 2019: Ending the Criminalization of Homelessness in U.S. Cities. This report follows up on the Law Center’s 2016 criminalization report. The 2019 report shows a nationwide increase in criminalization trends.
 
HNH One Pager
 
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.
 
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]]. 
 

In the News

Santa Monica Mirror (12/18/2019) Supreme Court Declines to Hear Case on Law Punishing Homeless Sleeping in Public Places[[link removed]]
 
USA Today (12/16/2019) Supreme Court Refuses to Consider Cities' Efforts to Prosecute the Homeless for Sleeping Outside[[link removed]]
 
Street Sense Media (12/11/2019) The Trump Administration's False and Damaging Narrative on Homelessness[[link removed]] 
 
San Diego Union Tribune (12/10/2019) Report Shows National Increase in Laws Focused on 'Criminalizing' Homelessness[[link removed]]
 
Los Angeles Times (12/4/2019) He Wanted to Ban Feeding Homeless People. Now He's About to Lead a Federal Homeless Agency[[link removed]]
 
USA Today (11/27/2019) Homeless Are Fed and Embraced Across the Country at Thanksgiving. The Rest of the Year? Cities are Pushing Back[[link removed]]
 
NBC 4 (11/22/2019) Beatty Introduces Bill Aimed at Helping Homeless in Columbus Area[[link removed]]

 
 

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

 

 
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