April 2008 Donate Today Join Us
 
 

Volume 7, Issue 4
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NLCHP News: REAL ID, Trainings in DC, and Fighting Racial Discrimination
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A publication of the National Law Center on Homelessness & Poverty )
Lawyers Working to End Homelessness Vol. 7, No. 4
In this issue
  • From Maria's Desk
  • New REAL ID Regulations Will Impact Homeless Persons
  • Help Us Put an International Spotlight on Racial Discrimination
  • Protecting DC Domestic Violence Survivors: Upcoming Trainings and Report
  • State Spotlight: Innovative Florida Legislation Helps Homeless
  • Return to Segregated Schools for Chicago's Homeless Children?
  • NLCHP Is Hiring!
  • NLCHP Welcomes New LEAP Member!
  • Now Accepting Nominations: 2008 Personal Achievement Award
  • Seeking Submissions: Children's Art Contest!

  • From Maria's Desk

    Housing is in the news now, with the growing foreclosure crisis. Congress and the White House are debating solutions reaching billions of dollars. But despite all the attention, the most critical housing needs - those of homeless and other poor people - are largely overlooked.

    When advocates seek funding to meet essential human needs of poor Americans, the response from political leaders is often that there is no money, or that help would just "enable" poor people to continue being "dependent." But when banks need a bailout the money somehow is found and their needs defined as critical to protecting the economy.

    Seeing the double standard play out is disturbing. But the real point here is not the banks. Rather, it's to define the needs and aspirations of poor and homeless Americans - and of all people - as just as essential. The current bailout bills can certainly be questioned, but protecting financial systems is clearly important. Protecting the opportunity of all children, families and individuals to have a decent life and to fulfill their potential is surely at least as essential.

    NLCHP is working with our allies to demand that Congress include the needs of poor people in the "foreclosure relief" bill it is now considering, and to include funds to help prevent people from becoming homeless. See our action alert to find out how you can get involved.

    We also want to hear from you. Are you seeing increases in homelessness in your community? What do you think our political leaders should do? Do you see a special role for lawyers to help? Send us your ideas and comments!

    Maria Foscarinis
    Executive Director

    New REAL ID Regulations Will Impact Homeless Persons

    On January 11, 2008, the Department of Homeland Security (DHS) issued the final regulations for the REAL ID Act, which was passed in 2005 to establish national standards for the issuance of driver's licenses and identification cards. Under this law, a REAL-ID-compliant ID is necessary to access a federal building or board an airplane.

    To obtain an identification card, a person must provide proof of identity, date of birth, social security number, proof of address, and evidence of lawful status in the United States. Only certain documents may be used in order to prove these different elements.

    With the pro bono assistance of Sidley Austin LLP, NLCHP submitted comments last year highlighting the difficulties homeless persons face in obtaining IDs. While DHS took into account some of these suggestions, NLCHP is concerned barriers may remain.

    The regulations do permit states to establish a written exceptions process for persons who are unable to present the necessary documentation requirements for proof of identity, date of birth, and (for US citizens only) lawful status. States also have flexibility in what documents they may accept for proof of residence, including allowing a letter from a shelter as proof of residence for a homeless person. Advocates must now follow up to make sure their states adopt policies that allow homeless people to get IDs.

    But the federal regulations don't expressly allow States to establish an exceptions process for social security documentation, which could prove a serious barrier for homeless persons.

    "Without a valid ID card, homeless persons could run into a lot of difficulties accessing public benefits and other necessities that are located in federal buildings," said Tulin Ozdeger, Civil Rights Director at NLCHP.

    For a fact sheet on the REAL ID regulations, click here.

    NLCHP would like to thank the Herb Block Foundation for its support of our programs.

    Help Us Put an International Spotlight on Racial Discrimination

    The UN Special Rapporteur on Racism, Doudou Diene of Senegal, will visit the US from May 19 to June 6 to meet with government officials, non-governmental organizations, and victims of racial discrimination.

    During his three-week tour the Rapporteur will visit New York City, Washington DC, Los Angeles, Chicago, New Orleans, Miami, and possibly San Francisco, Omaha, Honolulu, and/or San Juan, Puerto Rico.

    NLCHP is working with local advocates to use this visit to highlight trouble spots, discuss community issues in a human rights framework with local and state officials, and promote model programs for addressing social issues.

    In the past, organizations have used visits from Rapporteurs to generate media and public attention on areas of concern. For example, the 1999 visit of the Special Rapporteur on Toxic Waste to Louisiana's Cancer Alley raised awareness of how chemical refineries north of New Orleans devastated predominantly African American communities and showed the ineffectiveness of state and federal law. The media attention ultimately led polluters to buy out affected communities at a reasonable rate.

    Mr. Diene's predecessor, Mr. Maurice Glele-Ahanhanzo, last visited the U.S. in 1994 and issued a report documenting widespread problems with the racially disparate impact of the lack of adequate, affordable housing, including the impact on homelessness.

    NLCHP presented testimony on the racially disparate impact of homelessness to Mr. Diene in Geneva in February, so he has been primed to hear more from local groups.

    NLCHP is working together with the US Human Rights Network and Global Rights to facilitate the Rapporteur's visit. If your group is interested in presenting information to the Rapporteur or trying to organize meetings or site visits, please contact NLCHP's Human Rights Fellow Caitlin Egleson.

    NLCHP would like to thank the US Human Rights Fund and Butler Family Foundation for their support of our Human Rights Program.

    Protecting DC Domestic Violence Survivors: Upcoming Trainings and Report

    NLCHP is working with the DC Coalition Against Domestic Violence, the District Alliance for Safe Housing and the Equal Rights Center on an exciting new project to ensure successful implementation of the DC law protecting the housing rights of domestic violence survivors. The most comprehensive law nationwide, its provisions include: protections against discrimination in applications or evictions in all housing; rights to lease bifurcations or early lease terminations; the ability to change locks; and protection from retaliation for calling the police.

    On April 22, 2008, the Equal Rights Center released a report detailing the discrimination that victims still face in obtaining private housing in DC. The report is available here. This is one of the first comprehensive reports in the country on this issue, and found that 65 percent of test applicants associated with domestic violence were subjected to at least one form of discriminatory treatment. NLCHP and the ERC are interested in collaborating with other fair housing groups to do similar reports.

    In order to ensure that all victims receive the information necessary to protect their rights and that landlords are aware of their obligations under the law, NLCHP will be co-sponsoring a series of trainings between April and July designed for domestic violence attorneys and advocates, housing attorneys and advocates, landlords, and tenant organizers. More information on these trainings is available here. Training materials will be available for download at www.nlchp.org as they become available.

    Please contact NLCHP's Domestic Violence Staff Attorney, Kathy Zeisel, at kzeisel@nlchp.org or 202-638-2535 for more information on the D.C. law or the upcoming trainings.

    NLCHP would like to thank the Waitt Family Foundation for its support of our Domestic Violence Program.

    State Spotlight: Innovative Florida Legislation Helps Homeless

    When asked by a formerly homeless constituent what could be done to help other homeless people, Florida State Representative Joyce Cusak (D-DeLand, FL) came up with two ideas to make it easy for others to help. While a US Postage Stamp to benefit homelessness didn't work out, the second idea - allowing Florida drivers to make a contribution when they renew their license - may be taking hold.

    This year, Cusack filed HB 575 in the Florida Legislature. If passed, the bill will not only allow people to contribute when they apply for, renew, or request a duplicate driver's license, but also during vehicle registration or renewal. Florida State Senator Evelyn Lynn (R-Daytona, FL) filed the companion bill, SB 1568.

    Since the 1980s, Florida has allowed only a dozen organizations to have a "voluntary contribution" option on Division of Motor Vehicles forms. Last year, the program generated more than $1.5 million, with individual causes raising anywhere from $18,000 to $500,000. Current causes range from blindness prevention to diabetes research to saving the manatees.

    "In these tight budget times, Rep. Cusack identified an excellent way to increase support for homeless services without costing the state money," said Rayme L. Nuckles, president of the Florida Coalition for the Homeless and CEO of the Homeless Coalition of Hillsborough County. "Looking at it now, it seems so obvious. That's what thinking outside the box can do."

    HB 575 is progressing through the Florida House, receiving bi-partisan support; however the companion bill, SB 1568 has been slow to move.

    This article was guest-written by Lesa Weikel at the Homeless Coalition of Hillsborough County, Florida. Thanks Lesa!

    Return to Segregated Schools for Chicago's Homeless Children?

    The McKinney-Vento Act prohibits schools from segregating homeless children from other children; the law followed a long history of such schools resulting in inadequate homeless education. In the 1990s Chicago was the site of the first legal effort to use these protections: at the time, all children in a family shelter attended a single-classroom, on-site school. Although this saved nearby schools from the task of serving "shelter kids," homeless students lacked stability because each time they came into or out of a shelter, they had to change schools. The school was closed as a by-product of Salazar v. Edwards, a larger suit enforcing the education rights of Chicago's homeless students.

    However, last month, the Chicago Public Schools (CPS) announced a "Request For Proposals" (RFP) to operate residential boarding schools for "homeless children and those from troubled homes." While the RFP and related materials reflect CPS's commitment to the McKinney Act, the rhetoric surrounding the plan suggests problems, including perhaps a de facto segregated model. Although the RFP claims the program will not be mandatory, the question of "choice" for desperate families remains - especially if the choice is between sending their child to a boarding school or having the child removed from the parents custody due to their homelessness. What will be the impact on thousands of families who wish to remain together as a family but can't get housing?

    Those of us who work with the homeless community certainly welcome more housing, but not long-discredited orphanages or segregation. Strangely, the RFP allows no money for the housing or boarding component of any proposal. And although Chicago sees over 10,000 homeless students (and rising) every year, the cost of a boarding school according to CPS is fantastic: $30,000 - $50,000 per pupil. How will students be selected, and is this a wise use of limited public dollars? The Chicago Coalition for the Homeless and NLCHP are watching closely as the proposal process continues to ensure respect for the civil and human rights of homeless children and their families.

    This article was guest-written by Laurene Heybach of the Chicago Coalition for the Homeless, who was involved in bringing the landmark Salazar case. Thanks Rene!

    NLCHP Is Hiring!

    NLCHP is seeking a top-notch development and communications professional with outstanding organization, writing, and communications skills to join our talented team.

    The Development and Communications Manager will assist the Executive Director, the NLCHP board and other staff to expand NLCHP's funding from law firms, individuals, corporations, foundations and government entities. The Manager will also be responsible for communications, including media strategies and website maintenance.

    Click here for more information.

    NLCHP Welcomes New LEAP Member!

    NLCHP is proud to add Akin Gump Strauss Hauer & Feld LLP to our growing list of prestigious LEAP member law firms.

    Akin Gump has a continuing dedication to pro bono service extending through all of their practice areas. In each of the firm's communities, they are working closely with local legal services organizations to identify persons most in need of legal services or issues that most need the assistance of a major law firm. The firm has worked on issues ranging from banking and finance research for advocates serving low-income immigrant communities to representing human rights asylum seekers.

    Currently, Akin Gump is helping NLCHP with several legislative projects.

    Now Accepting Nominations: 2008 Personal Achievement Award

    NLCHP is now accepting nominations for the 2008 Personal Achievement Award! Each year, NLCHP honors an individual who has experienced homelessness 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 2008 McKinney-Vento Awards ceremony.

    A full description of award criteria is available here. To nominate someone, please e-mail Katherine Bittner with a brief, one page description of your candidate detailing how they meet the criteria.

    The deadline for submissions is May 15, 2008.

    For more information about the McKinney-Vento Awards, please visit our website or call 202-638-2535.

    Seeking Submissions: Children's Art Contest!

    NLCHP is hosting its annual artwork contest for homeless and low-income children and youth! Each year, NLCHP selects one winner and two runners-up whose artwork will be featured at the McKinney-Vento Awards ceremony, along with other selected artwork from this and previous years' contests. The winning artwork will also be used on the awards presented to the other honorees at the event, and may be used in other NLCHP materials. Last year's McKinney-Vento event featured an artwork display sponsored by the firm Schulte Roth & Zabel LLP.

    Submissions will be accepted from children enrolled in after-school programs or art-related organizations serving homeless and low-income children. Entries in the contest must meet all criteria listed in the guidelines, and must also include an entry & release form signed by a parent or legal guardian. Guidelines and forms are available here.

    If you know of an after-school group or children and youth organization in the DC metro area that might like to participate in the contest, please e-mail Katherine Bittner with their contact information.

    For more information about the McKinney-Vento Awards, please visit our website or contact Katherine Bittner by email or at 202-638-2535.

    The deadline for submissions is June 15, 2008.

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