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A publication of the National Law Center on Homelessness & Poverty |
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| Working to end homelessness and poverty in America |
Vol. 6, No. 7 |
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From Maria's Desk |
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Sunday, July 22, marked the 20th Anniversary
of the enactment of the McKinney-Vento
Homeless Assistance Act - the first, and
only, coordinated federal response to address
homelessness in the United States.
It is a bittersweet anniversary. The Act was
a major accomplishment - a bipartisan effort
that created critical new programs that have
improved the lives of hundreds of thousands
of people over the past twenty years.
McKinney-Vento funded programs have helped
homeless children attend public schools,
provided health care for homeless Americans,
made job training available for homeless
veterans, and given millions of people
shelter or housing.
But the anniversary is also a bitter one.
The Act was never intended to be the federal
government's sole response to homelessness.
The Act created emergency measures designed
to bring urgent relief to those already on
the street. Those measures were intended as
first step to address the problem to be
followed by comprehensive policies that would
prevent homelessness and provide long-term
solutions. But the measures providing
prevention and long-term solutions were never
enacted and, as a result, homelessness
remains a crisis in the United States.
Last week, sixteen national organizations
came together to recognize the 20th
anniversary and to call on the Congress to
make good its 20 year-old promise to end
homelessness. We delivered a bittersweet
chocolate bar to every senator and
representative to honor the bittersweet
anniversary.
Several Members of Congress joined
us-including key leaders on housing. Just as
important, almost all the members of our
coalition of national groups attended. We
built a solid foundation for action, but we
need to remain united for it to move forward.
To read the ten steps we are calling on
Congress to take RIGHT NOW and a list of
sponsoring organizations go to www.McKinney20th.org
or www.nlchp.org.
To get involved, contact NLCHP Policy
Director Laurel Weir.
Maria Foscarinis
Executive Director
Click
here to read a story about the 20th
Anniversary in the Cleveland Plain Dealer.
Click
here to listen to a story about the 20th
Anniversay on NPR's Marketplace.
Click
here to read a story about the 20th
Anniversary in the Hartford Courant.
Click
here to read a story about the 20th
Anniversary in the Connecticut Post.

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New Toolkit for Homeless Nonprofits: Learn How to Obtain Free Property for Your Organization |
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Bill to Protect Victims in Massachusetts |
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This article was submitted by Greater Boston
Legal Services
On January 10, an Act Relative to Housing
Discrimination Against Victims of Domestic
Violence, Rape, Sexual Assault, and Stalking
(S.B. 755) was introduced in the
Massachusetts State Senate. Similar bills
were unsuccessfully introduced in previous
years, but advocates are hopeful that the
present bill will be passed.
If passed, S.B. 755 would add victims of
domestic violence, sexual assault, rape, and
stalking to the list of those protected
against housing discrimination. It would also
enable victims to break a lease early without
penalty if they provide sufficient
documentation of the abuse or violence.
Additionally, property owners would be
prohibited from evicting tenants because of
their status as victims. They would also be
required to change the locks of tenants under
credible threat of domestic violence, rape,
sexual assault, or stalking.
At a public hearing in May, survivors and
advocates from groups such as the Victims'
Rights Law Center, the American Civil
Liberties Union, Greater Boston Legal
Services, and Jane Doe testified that victims
frequently must choose between homelessness
and continued abuse. "[Abuse victims] end up
homeless and hopeless," said Laurie
Holmes, executive director of shelter
HarborCOV.
Nancy Ryan, from the ACLU, said
landlords often seek to evict victims of
domestic and sexual violence on the grounds
that some women "enjoy abuse" or that
battered women are "untrustworthy."
Another supporter said the bill might have
saved the life of her sister, a Massachusetts
resident who was killed by her abuser a few
years ago.
Similar legislation has been passed in 21
states and the District of Columbia and is
currently pending in at least two others.
NLCHP helped pass the DC bill last year, and
is working with Massachusetts advocates to help
in their efforts. The
bill shares a central provision of the
federal Violence Against Women Act,
prohibiting property owners from refusing to
rent to or renew leases of victims.
The bill has been sent to the Joint Committee
on Housing for review. Supporters will
continue to work for its passage. For
information on how you can get involved in
supporting the legislation, please contact Barbara
Zimbel or Linda
Garcia.
NLCHP would like to thank the Freddie Mac
Foundation and the Waitt Family Foundation
for their support of the Domestic
Violence Program.

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America's Homeless People Are Under Attack |
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On July 10, homeless advocates briefed
Congressional staff on the growing trend of
violence committed against homeless people.
Over the past eight years there have been 614
recorded violent acts against homeless
individuals in 200 cities across the country.
"Hate crimes and violence against homeless
people in the United States has become an
epidemic," said Robert Nasdor, NLCHP Legal
Director. "Over the past several years, we
have seen brutal and very disturbing attacks
against homeless persons."
Between 1999 and 2005 there were 82 homicides
classified as hate crimes under the current
federal hate crimes statute. During that
same period there were 169 deaths as a result
of violent attacks against homeless people.
Some of the attacks include homeless people
being beaten with tire irons, baseball bats,
and golf clubs. Others include homeless
people being set on fire and homeless women
being raped.
Congresswoman Eddie Bernice Johnson
sponsored the briefing in conjunction with
NLCHP and the National Coalition for the
Homeless. Johnson recently introduced the
"Hate Crimes Against the Homeless Enforcement
Act of 2007" and the "Hate Crimes Against the
Homeless Statistics Act of 2007" to protect
homeless people from violent attacks.
The "Hate Crimes Against the Homeless
Enforcement Act of 2007" would add homeless
people to the list of protected classes under
one of the federal hate crimes statutes. The
"Hate Crimes Against the Homeless Statistics
Act of 2007" would include hate crimes
against homeless people in the statistics
collected by the FBI.
Co-sponsors of the "Hate Crimes Against the
Homeless Enforcement Act of 2007" include
Representatives John Lewis, Dennis
Kucinich,
Bobby Rush, Raul Grijalava,
Robert Wexler,
and William Jefferson. Co-sponsors of the
"Hate Crimes Against the Homeless Statistics
Act of 2007" include Representatives John
Lewis, Dennis Kucinich, Bobby
Rush, Raul
Grijalava, Sheila Jackson Lee, and
Robert Wexler.

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NLCHP Wants YOU to Help Hold the U.S. Accountable for Racial Discrimination |
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NLCHP is seeking information and
participation in a Housing and Homelessness
Working Group. The working group is a
coordinated effort to hold the United States
accountable for the racially discriminatory
impact of government policy. Please join
NLCHP for a conference
call on Wednesday,
July 25, at 3:00 pm to coordinate this work.
Set the record straight.
This April, the U.S. released a report
to the
U.N. Committee on the Elimination of Racial
Discrimination (CERD) (see IJT,
May 2007).
Well documented racial disparities in
homelessness are not mentioned in the report
despite being the focus of a recommendation
from the U.N. Human Rights Committee last year.
The report also glosses over and abstracts
many of the racially discriminatory impacts
of housing in the U.S.
In an example of an egregious distortion, the
government states: "Recognizing the overlap
between race and poverty in the U.S., many
commentators conclude nonetheless that the
post-Katrina issues were the result of
poverty (i.e., the inability of many of the
poor to evacuate) rather than racial
discrimination per se."
Advocates in the working group will correct
this record by producing a report and
testifying before the CERD. For example,
they might point out that the majority of
renters in the Gulf Coast region were African
American and, due to their status as renters,
they are ineligible for most federal aid.
Or, they could describe how the shuttering of
virtually undamaged public housing units with
the aim to raze them for mixed-income
dwellings is preventing the return of many
residents.
What YOU can do
This is what the world will know about racial
discrimination in the U.S. unless housing and
homeless advocates correct the U.S. report's
statements. There are many ways to get
involved, from contributing stories of
current campaigns, to providing statistical
information, to educating your community
about the reporting process.
NLCHP is leading the Housing and Homelessness
Working Group in a coordinated campaign to
ensure that the full story is told. NLCHP
has already produced a preliminary
analysis
of housing issues included in the CERD report.
The working group will hold an organizing
conference call on Wednesday, July 25, 2007
at 3:00 EDT. For call-in information,
register here.
Click
here for additional information about shadow
reporting

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Save the Date: October 1 & November 5 - Human Rights Trainings |
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On October 1, NLCHP is conducting an audio
training on the human right to housing. The
training will introduce domestic advocates to
the tools of the international human rights
framework and discuss successful strategies
for using these tools. The training will
explore the application of human rights
principles to fair housing, adequate housing,
and the criminalization of homeless people.
In addition, NLCHP will be hosting its annual
National
Forum on Housing and Human Rights on Monday,
November 5, 2007. This year, we will be
bringing the Forum to you via videoconference
at 5 locations across the country: Los
Angeles, Minneapolis, Chicago, New Orleans,
and Washington, DC, thanks to the logistical
support of our friends as Holland+Knight.
Please save the two dates, and check back at
our website for
more information in the months to come!
NLCHP also thanks the US Human Rights Fund
and Mertz Gilmore Foundation for their
support of the Human Rights Program.

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Congressional Watch: Homeless Children & Youth Issues |
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At the end of June, the Senate Appropriations
Committee approved modest increases for the
McKinney-Vento Education for Homeless
Children and Youth Program ($66.9 million, a
$5 million increase) and the Runaway and
Homeless Youth Act Programs ($122.9 million,
a $20 million increase). These increases
would cover inflation while helping the
programs recover from the recent years'
budget cuts and static funding.
The Senate's numbers are similar to those
under consideration in the House of
Representatives: $66.9 million for
McKinney-Vento and $112.9 million for Runaway
and Homeless Youth Act programs.
Both the House and the Senate are working
towards the passage of their respective final
appropriations bills while momentum builds
around a potential presidential veto of
funding increases for vital domestic
programs. Advocacy efforts are targeting
members of the Republican Caucus, which has
been successful in building support among its
members for sustaining potential presidential
vetoes.
In other news, the Senate passed its version
of new Head Start legislation at the end of
June. The legislation will now be reconciled
with a previous bill passed by the House of
Representatives. Both versions of the
legislation include provisions that would be
helpful to pre-school aged homeless children
who benefit from the school readiness
programs that Head Start provides.
Both the House and Senate versions of the
bill would ensure that homeless children are
identified and prioritized for enrollment and
they would foster improved collaborations
between Head Start and homeless education
personnel.
NLCHP would like to thank the Freddie Mac
Foundation, the Paige Family Foundation, and
our anonymous donor for
their generous support of the Children & Youth
Program.

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Update on Lawsuit Against FEMA |
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As reported in the April issue of In Just
Times, on June 13, the U.S. District Court
for the Eastern District of Louisiana issued
a preliminary injunction in the case Diane
Ridgely et al. v. FEMA et al. A
coalition of public interest groups and two
law firms filed the lawsuit in April
challenging FEMA's failure to provide due
process protections in terminating victims of
Hurricane Katrina from its Continuing Rental
Housing Assistance (Section 408) program and
in attempting to recover assistance paid to
Hurricane victims that FEMA later determined
to be overpayments.
Judge Berrigan's order temporarily prohibited
FEMA from terminating rental assistance to
individuals and from attempting to recoup
payments made to them without providing
certain due process protections. These
protections include a requirement to provide
an adequate explanation of the reason(s) FEMA
decided why a person is no longer eligible
for rental assistance, or should have to
repay assistance received, and to refrain
from terminating people from assistance until
they have had an opportunity to appeal FEMA's
determination of ineligibility.
On June 27, FEMA filed a motion in U.S.
District Court asking Judge Berrigan to
reconsider her order issuing a preliminary
injunction, or to suspend the part of the
order pertaining to provision of Section 408
continuing rental assistance. In addition,
on July 2, FEMA also filed an emergency
motion in the U.S. Court of Appeals for the
5th Circuit in which it asked that court to
issue a temporary stay of Judge Berrigan's
preliminary injunction order.
On July 3, the Court of Appeals granted the
defendants' motion for a temporary stay and
requested a response from the plaintiffs this
week. The plaintiffs in the case oppose a
stay of the injunction, and this issue will
be litigated in the coming weeks.

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Nominate Someone for Our 2007 Personal Achievement Award |
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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 out
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.

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Thanks to Our LEAP Firms |
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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
| Quick Links... |
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Visit our website at www.nlchp.org! Contact us at (202) 638-2535 or email us at
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