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NLCHP News - December 2007
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A publication of the National Law Center on Homelessness & Poverty |
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| Lawyers Working to End Homelessness |
Vol. 6, No. 12 |
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From Maria's Desk |
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As 2007 draws to a close, I want to remember
both what we've accomplished in the past
year -- together with many partners -- and what
still remains to be done. This year,
- We won a court order requiring FEMA to
stop its unlawful termination of housing
assistance to tens of thousands of low-income
individuals made homeless by Hurricanes
Katrina and Rita.
- For the thousands who are still without
permanent housing or are homeless, we helped
create a coalition to advocate for the human
right to housing in the Gulf Coast.
- We won enactment of new protections for
homeless toddlers in the Improving Head Start
for School Readiness Act of 2007, to increase
their access to this critical program.
- We won legislation in Washington, D.C. and
in Massachusetts to protect victims of
domestic violence, sexual assault, rape or
stalking from eviction and housing
discrimination - to prevent them from
becoming homeless.
- We helped groups around the country
obtain free military and other surplus
federal property under two federal programs.
To date, 143 homeless assistance
organizations have applied to convert at
least 45 unused military bases to housing and
services for homeless people.
So much remains to be done and the need is so
great. No one should be homeless in the
richest country on earth. Yet each year
millions are -- and tens of millions more teeter
on the edge. We know that solutions exist: in
communities across the country, organizations
and people of good will are working to help
their fellow human beings overcome their
challenges. Some are also are working to create
systemic reform to address the causes of the
crisis. Many of you are our partners in
advocacy. Some are volunteers, some are
donors. All are absolutely essential to
everything we do.
Please continue your work and -- in whatever way
you can -- please support NLCHP as we move
forward in our national advocacy. Your
online, tax deductible donation
is greatly appreciated. Your comments,
suggestions and partnership are always welcome.

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U.S. Representative Julia Carson, Homeless Advocate, Passes Away |
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Homeless persons and their advocates lost an
important ally last week. Representative
Julia Carson (D-IN) passed away on December
15, 2007 as a result of lung cancer. First
elected to Congress in 1996, Congresswoman
Carson represented the 7th District of
Indiana. Representative Carson was a strong
supporter of addressing the underlying causes
of homelessness, and she and her staff worked
tirelessly on behalf of homeless persons.
Representative Carson introduced two
important bills in the 110th Congress that
would increase and improve resources for
homelessness. Rep. Carson was the primary
sponsor of the Homeless Emergency Assistance
and Rapid Transition from Homelessness
(HEARTH) Act (H.R.840), as well as the
Homeless Access to Recovery through Treatment
(HART) Act (H.R.4129). The HEARTH Act would
reauthorize the McKinney-Vento Homeless
Assistance Act programs administered by the
U.S. Department of Housing and Urban
Development and make a number of significant
improvements, including increasing authorized
funding for the programs, expanding the HUD
definition of homelessness to include doubled
up persons, protecting the civil rights of
homeless persons, and expanding eligible
prevention and permanent housing activities
under the programs. The HART Act would
expand and improve homeless persons' access
to mental health and substance abuse
treatment programs administered by the
federal Substance Abuse and Mental Health
Services Administration.
In addition to her work in the current
Congress, Representative Carson was a primary
sponsor of the Bringing American Home Act
(BAHA) in prior Congresses. If enacted, BAHA
would provide comprehensive solutions to
homelessness through measures such as the
establishment of a National Housing Trust
Fund, establishment of a living wage,
enforcement of the civil rights of homeless
persons, and improvements to federal housing,
income, and social services programs that
provide assistance to homeless persons. Rep.
Carson had planned to reintroduce BAHA in the
110th Congress, but was not able to complete
changes to the bill before her passing. In
the upcoming months, NLCHP and the National
Coalition for the Homeless will be working to
identify a new Congressional champion for the
bill.
Representative Carson was a tireless advocate
for the most vulnerable men, women, and
children in her constituency and in this
country. She will be missed.

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Supreme Court Watch: Protecting Homeless People's Right to Vote |
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Working in conjunction with the law firm
Sidley Austin LLP, NLCHP filed an
amicus brief on November 13 in a U.S. Supreme
Court case challenging voter photo
identification requirements to protect the
voting rights of homeless Americans. Six
other national advocacy organizations signed
on to the brief: the National
Alliance to End Homelessness, the
National Coalition for the Homeless,
the National Coalition for Homeless
Veterans, the National Health Care for
the Homeless Council, the National Low
Income Housing Coalition, and the
National Policy and Advocacy Council on
Homelessness.
The case, William Crawford et al. v.
Marion County Election Board et al. and
Indiana Democratic Party et al. v. Todd
Rokita, Indiana Secretary of State et
al., involves a challenge to an Indiana
law that requires voters to present photo
identification in order to be able to cast a
regular ballot.
In order to obtain the photo identification
card required under Indiana law, persons must
present proof of a current
address-documentation that is difficult if
not impossible for unsheltered homeless
people to provide. Persons who cannot
provide the photo identification card may
cast a provisional ballot, but then must jump
through other procedural hurdles in order to
have election officials count the provisional
ballot.
NLCHP's amicus brief in support of the
Petitioners argues that Indiana's photo
identification requirement imposes a
substantial and unnecessary burden on
homeless people living either in emergency
shelter or in public places in their effort
to exercise their right to vote. The Court
is expected to hear oral argument in the case
in early 2008.
Click
here to read NLCHP's amicus brief.

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NLCHP Challenges U.S. Housing Discrimination |
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On December 10, International Human Rights
Day, a coalition of more than 50 housing and
human rights organizations, coordinated by the
National Law Center on Homelessness & Poverty
(NLCHP), charged the U.S. with discrimination
against racial minorities by denying equal
access to adequate housing. The groups
submitted a "shadow"
report to the UN
Committee on the Elimination of Racial
Discrimination (CERD) detailing the
discrepancies in how the right to housing is
enjoyed in the U.S.
Next February, CERD will review U.S.
compliance with the International Convention
on the Elimination of All Forms of Racial
Discrimination (ICERD). The U.S. signed and
ratified the treaty in 1994; the U.S. State
Department issued its present
report to CERD this April.
The U.S. report failed to address the fact
that a disproportionate number of minority
groups experience homelessness and housing
difficulties. Under human rights law, a
policy counts as discrimination if the impact
is discriminatory - even if that impact was
unintentional. NLCHP's report points to the
lack of funding for affordable housing and
laws that criminalize homelessness as
examples of such discriminatory practices.
NLCHP's report was part of a larger
report, coordinated by the US Human
Rights Network, which covered discrimination
across civil, political, economic, and social
rights.
NLCHP will lead a delegation of housing
experts, activists, and those directly
affected by lack of affordable housing to
Geneva in February to testify before CERD
and ensure the U.S. is held accountable to
these human rights standards.
NLCHP would like to thank the
Mertz-Gilmore Foundation and the U.S. Human
Rights Fund for their support of the Human
Rights Program.

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Congress Passes Fiscal Year 2008 Funding Bill |
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Congress passed an omnibus appropriations
bill this week providing funding for Fiscal
Year 2008 for federal agencies. Programs for
homeless persons will receive level funding
or small increases under the bill.
NLCHP worked during the Congressional session
to increase funding for McKinney-Vento
programs as well as funding to reduce the
length of time it takes Supplemental Security
Income (SSI) claimants to get approved for
disability benefits. Most recently, NLCHP
sent a letter, co-signed by 66 organizations,
asking appropriators to keep $150 million in
funding above President Bush' request, in
order to hire more
Administrative Law Judges to reduce the
backlog in appeals for SSI benefits. In an
important victory, that provision was
included in the final bill.
The bill represents a compromise between
Congress and President Bush. The President
vetoed earlier appropriations bills because
they provided more funding for federal
agencies than he had requested. As a result
of the vetoes, Congress significantly scaled
back the funding requests and folded the
various appropriations bills into a single,
omnibus bill that fits within the President's
overall budget caps.
The McKinney-Vento programs
administered by the U.S. Department of
Housing and Urban Development will be
increased to $1.586 billion, from $1.4
billion. Several other homeless assistance
programs - including the Health
Care for the Homeless Program, and the
Education for Homeless Children and Youth
Program - will also receive increases. Other
programs, such as the McKinney-Vento PATH
program, were level funded.
Despite having to significantly scale back
proposed appropriations to meet the
President's budget caps, Congress managed to
avoid cuts and even add new funding for many
programs that serve low-income people.
Congress provided enough funding to maintain
all current Housing Choice Vouchers. In
addition, the omnibus bill will provide $75
million in new funding for housing vouchers for
veterans. Congress achieved these
increases and avoided the need for deeper
cuts in many programs by shifting
approximately $3.5 billion in funds from the
Department of Defense, as well as $2.2
billion from State-Foreign Operations
appropriations.
The federal Fiscal Year 2008 began on October
1, 2007. Because appropriations for most
federal agencies were not enacted as of that
date, funding for the federal government had
been provided through temporary Continuing
Resolutions and funding was about to expire.
The omnibus bill will now go to the
President, who is expected to sign it.
A full analysis will be available on NLCHP's website
shortly.

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NLCHP Implements New Housing Protections for Domestic Violence Survivors |
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In 2005, NLCHP led a local coalition to help
pass the Washington, DC Protection from
Discriminatory Eviction for Victims of
Domestic Violence Amendment Act.
Nationally, landlords often refuse to rent to
survivors of domestic violence, or evict
survivors because an incident of domestic
violence occurred in the home. The Act, which
extends the federal housing protections
in the Violence Against Women Act to
all public and private housing, protects
survivors of domestic violence against these
discriminatory evictions or denials for
housing applications. It also amends the DC
Human Rights Act to include victims of
intrafamily violence as a protected class
with respect to housing. These important
provisions provide several venues to
challenge discrimination against survivors.
NLCHP is now working to ensure the successful
implementation of the law. Together with the
DC Coalition Against Domestic
Violence, the District Alliance for
Safe Housing and the Equal Rights
Center, NLCHP will be conducting
trainings for advocates, attorneys, property
managers, landlords and tenant organizations
over the next six months.
In addition, NLCHP is developing Know Your
Rights materials to distribute to
community organizations. NLCHP hopes to use
the DC law and implementation process as a
model for other cities working to protect
domestic violence survivors.
For more information on the DC law, the
upcoming trainings or Know Your Rights
Materials, please contact: Kathy Zeisel,
Domestic Violence Program Staff Attorney at
kzeisel@nlchp.org.
NLCHP would like to thank the Freddie Mac
Foundation and the Waitt Foundation for their
support of the Domestic Violence Program.

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NLCHP Welcomes New LEAP Member |
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NLCHP is proud to welcome Simpson Thacher
Bartlett LLP to the Lawyers' Executive
Advisory Partners (LEAP) program.
"We are delighted to have Simpson Thacher
join LEAP," said Maria Foscarinis, Executive
Director of NLCHP, "and we are grateful to
NLCHP supporter Bruce Rosenblum, Managing
Director at the Carlyle Group, for making the
connection with the firm."
Simpson Thacher's pro bono work is a defining
feature of the firm. Working on a wide range
of pro bono matters, Simpson attorneys,
associates, and summer associates donated
more than 50,000 hours in 2006 alone.
The firm's recent pro bono work includes
counseling micro-enterpreneurs, representing
refugees seeking asylum in America, and
representing prison inmates, including in
Guantanamo Bay. Most notable was the firm's
victory on behalf of New York City school
children, winning $5.6 billion in operating aid.
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NLCHP Year in Review |
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NLCHP has had a busy and productive 12
months! Take a look at our year in review here.
Also, NLCHP's 2006 Annual Report is now
available online! Click
here to read.
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