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NLCHP News: Year in Review & Call to Action
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A publication of the National Law Center on Homelessness & Poverty |
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| Lawyers Working to End Homelessness |
Vol. 7, No. 12 |
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From Maria's Desk |
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Service providers across the country are reporting
record increases. In some communities, tent cities
are going up as shelters overflow beyond capacity.
NLCHP is tracking news reports docu
menting the increases on our new WIKI and in a
new fact sheet.
It's a document that I'm afraid we'll be updating very
often.
But while the banking industry has been the center of
public attention and funds, with the auto industry
clamoring for the same support, the needs of poor
Americans have been largely neglected. It is
imperative that President-elect Obama address the
growing crisis as soon as he takes office. His
nomination of NYC Housing Commissioner Shaun
Donovan-who in the 1980s worked with me on
homelessness advocacy as an unpaid intern--is a
good start.
NLCHP has come together with other advocates to
press the new Administration and Congress for
policies and funds to end and prevent homelessness.
We've presented our joint agenda to the Obama
transition team and received a positive response. But
we need to do much more-and we need your
involvement.
Please join our advocacy to help us build a powerful
movement to ensure that the needs and voices of
those Americans who are now suffering the most on
the streets and in shelters are heard. To get involved,
contact Laurel Weir at lweir@nlchp.org.
And we need your support. Please help us carry out
our crucial advocacy by donating as
generously as you can. Any level of support is
important and helps us make a difference!
As we look to the future in our work with the incoming
Administration, we also reflect on our work this past
year. This issue of In Just Times includes highlights
of the work we accomplished in the past year with your
help. Thank you for your ongoing support of NLCHP.
Maria Foscarinis
Executive Director

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Better Futures for Children & Youth |
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This year the Children & Youth Program provided
essential technical legal assistance, training, and
policy advocacy on implementing the education
provisions of the McKinney-Vento Act, which allows
homeless children and youths to have stable
schooling throughout the duration of their
homelessness.
NLCHP provided extensive legal support in numerous
administrative hearings resulting in beneficial action
for homeless students. For example, one child,
whose family had lost its housing due to high heating
costs last winter, had moved in with his aunt in a
neighboring town. This child had been successfully
attending a special school due to his autism, but upon
his move was un-enrolled and not allowed to attend
school for over 5 months. Though even the State
Board of Education was telling the school this child
needed to be re-enrolled, the school refused to
comply until NLCHP sent a letter threatening legal
action. Within days, the child was re-enrolled and
attending school.
To prevent such situations from occurring in the first
place, NLCHP conducted numerous trainings on the
law, educating hundreds of attorneys, advocates, and
school personnel. NLCHP's training of Maryland
school homeless liaisons, for example, resulted in
our know-your-rights brochure for victims of
foreclosure being distributed in every school district in
the state, potentially reaching hundreds of thousands
of families.
NLCHP also continued its policy advocacy at the
federal level, drafting comments on regulations and
guidance affecting homeless children and youth.
Among these was federal guidance on the overlap of
the Individuals with Disabilities in Education Act and
the McKinney-Vento Act, which adopted language in
many cases word-for-word from our draft.
NLCHP also advocated for a federal response to the
education needs of children affected by the
foreclosure crisis, resulting in the creation of know-
your-rights posters and brochures and their
distribution to all 50 states.
NLCHP thanks the Freddie Mac Foundation for its
support of the Children & Youth program.

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Protecting Civil Rights |
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NLCHP's Civil Rights program made major strides in
the past year. In April, NLCHP released its joint report
with the National Coalition for the Homeless on
violence against homeless people, which received
significant national attention and raised awareness
throughout the country about this pressing issue.
In July, NLCHP released its Voting Rights Report,
which contained important information about voting
rights laws and their effect on homeless people in all
50 states. Using this information, NLCHP also co-
sponsored National Homeless and Low Income Voter
Registration Week in September with over 50 groups
in 20 states. NLCHP and the National Coalition for the
Homeless also collaborated with Georgetown law
students to register homeless D.C. residents. The
efforts resulted in the registration of over 350
homeless individuals in D.C., increasing their
participation in the political process.
There was a major victory on behalf of homeless
persons in Orlando in September, when a federal
district court overturned Orlando's food sharing
restrictions in a case filed by the ACLU on behalf of
First Vagabonds Church of God and Orlando Food Not
Bombs. NLCHP had filed an amicus brief in support
of the plaintiffs in this case.
NLCHP also partnered with a coalition of groups and
successfully opposed an anti-camping ordinance that
had been proposed in April in New Orleans. As a
result of such efforts, homeless persons in these
cities are able to carry out their lives without fear of
arrest for eating or sleeping in public places.
NLCHP thanks the Herb Block Foundation for its
support of the Civil Rights program.

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Working for the Human Right to Housing |
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NLCHP's Human Rights Program brought advocacy
for homeless Americans' human rights to new
heights in 2008.
At the international level, NLCHP coordinated
presentation of a shadow report
on housing and homelessness to the UN Committee
on the Elimination of Racial Discrimination, which
was reviewing the U.S.'s performance under its treaty
obligations. This report brought dozens of activists to
a new level of involvement with the human rights
system, and over 60 national and local organizations
signed on. NLCHP's advocacy in Geneva directly
contributed to language adopted by the Committee in
its final report on the U.S., which NLCHP
highlighted in an op-ed in the Miami Herald, co-
authored with Cong. Alcee Hastings.
While in Geneva, NLCHP issued daily video blog updates to connect
local advocates with the activities there. These videos
have been viewed over 6,000 times, and this method
of video advocacy has been cited as a national model.
NLCHP also coordinated a meeting in Geneva during
which survivors of Hurricane Katrina were able to
speak directly to two UN experts on housing and
minority issues. Moved by their testimony, the experts
issued a joint press release calling for a
halt to the destruction of public housing in New
Orleans, which received widespread national and
international media coverage.
NLCHP also gave testimony to the UN Special Rapporteur on Racism and
helped to coordinate housing and homeless
organizations in hosting his visit to places like L.A.'s
Skid Row and public housing in Chicago.
While in Geneva and in numerous other venues,
NLCHP continued its leadership in the domestic
implementation of human rights, conducting trainings
and giving technical assistance to organizations
working to implement the right to housing on the local
level.
NLCHP thanks the U.S. Human Rights Fund and
the Butler Family Fund for their support of the Human
Rights program.

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Protecting Domestic Violence Survivors from Homelessness |
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Domestic violence is a leading cause of
homelessness: survivors of domestic violence are
often evicted from their homes or discriminated
against in housing because of acts of violence by their
abusers. Conversely, the lack of safe and affordable
housing is often one of the principal reasons that
survivors of domestic violence stay in abusive
relationships. Throughout the year, NLCHP worked
extensively to help domestic violence survivors secure
safe and stable housing and avoid homelessness.
NLCHP worked with the D.C. Coalition Against
Domestic Violence, the District Alliance for Safe
Housing and the Equal Rights Center to ensure
successful implementation of the D.C. law protecting
the housing rights of survivors of family violence. The
D.C. law provides the most comprehensive housing
protections for survivors anywhere in the country,
including: 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. NLCHP trained numerous stakeholders
on these laws throughout the year.
NLCHP is also working with national partners to raise
awareness about the housing needs for domestic
violence survivors. NLCHP, in conjunction with the
ACLU Women's Rights Project and the Native
American Indian Housing Council, submitted a joint
statement urging the newly convened Violence
Against Women in Indian Country Task Force to
address the housing needs of domestic violence
survivors on tribal land, as there are very limited
emergency shelters or safe transitional housing
options for those fleeing domestic violence on most
tribal lands. The joint statement urges the task force to
make recommendations with respect to improving
safe housing options and protecting the housing
rights of survivors on tribal land. For more
information, click here.
NLCHP collaborated with organizations such as
ACLU Women's Rights Project, Legal Momentum and
with pro bono partners to ensure that the housing
provisions of the Violence Against Women Act (VAWA)
were being effectively implemented. In addition,
NLCHP worked with the Campaign for Funding to End
Domestic and Sexual Violence to advocate for
increases in the program and to combat President
Bush's efforts to cut VAWA funding by $120 million
dollars and to limit the VOCA cap. These efforts
resulted in increases in funding for the Violence
Against Women Act (VAWA) and Family Violence
Prevention Services Act (FVPSA) and a higher cap on
the Victims of Crime Act (VOCA) funds by both the
Senate and House Appropriations Committees. If the
appropriation is successful, the increase in available
funds will mean that shelters, transitional housing,
and service providers will be able to serve more
victims.
NLCHP thanks the Waitt Family Foundation and
the Freddie Mac Foundation for support of its
Domestic Violence Program.

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Ensuring Housing for Hurricane Katrina Victims |
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In April 2007, NLCHP and a coalition of public interest
organizations, together with pro bono support, filed a
class action lawsuit against the Federal Emergency
Management Agency (FEMA) on behalf of low-income
individuals driven from their homes by Hurricanes
Katrina and Rita.
Filed in federal court in New Orleans, the lawsuit
alleged that FEMA unlawfully terminated rental
assistance to the plaintiffs without proper notice or a
fair opportunity to appeal the decision. The plaintiffs, a
group of Hurricane Katrina survivors, claim that this
practice violates their right to due process under the
Fifth Amendment to the U.S. Constitution. The suit
also alleges that FEMA acted unlawfully when it cut off
assistance to individuals that it claims were overpaid
without explaining the basis for its determination,
without informing them that they can request a
hardship waiver, and without providing an opportunity
to contest the overpayment determination.
In September, 2008, FEMA issued a notice rescinding
all outstanding repayment demands regarding
assistance money that the agency had previously
claimed was improperly distributed. The agency has
indicated that it will re-issue individual payment
demands if appropriate, but only after reviewing each
individual case. This action was a major victory for
plaintiffs--and for NLCHP and its partners-and it has
resolved most of the issues in the lawsuit. The parties
are discussing a possible settlement.

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Ending and Preventing Homelessness Through National Policy Advocacy |
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With much attention this year focused on the national
elections, NLCHP and other advocates launched
the "Five Fundamentals Campaign." The
campaign challenged candidates for public offices at
all levels and branches of government to pledge to
include, if elected, the prevention of and end to
homelessness among their public policy priorities.
After the November elections, NLCHP and over a
dozen other national homelessness advocacy groups
called upon President-Elect Barack Obama to take
steps immediately upon becoming President to
address the urgent crisis of homelessness in the
United States. NLCHP and our partner advocacy
groups are now urging the Presidential Transition
Team to commit to ending homelessness by
accepting six key recommendations, including
completing a specific federal plan to end
homelessness and presenting it at a White House
Conference.
Other policy priorities include increasing access to
affordable housing; ensuring adequate incomes;
expanding access to health services; ensuring
access to education for homeless children and youth;
and protecting homeless people from discrimination.

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McKinney-Vento Awards Photos |
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In November, NLCHP held its 10th annual McKinney-
Vento Awards dinner to honor outstanding individuals
and organizations for their work to end and prevent
homelessness. More information about the event and
honorees is available here, and
photos from the reception, dinner and awards
ceremony are posted on NLCHP's new flickr
page.
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Support NLCHP |
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NLCHP is proud to participate in the Combined
Federal Campaign. To donate to NLCHP through this
campaign, select charity # 11947.
NLCHP is now a cause on facebook! You can join our
cause, donate through facebook and recruit new
members.
Remember that you can support NLCHP when you
order gifts!
Order items through iGive.com or GiveBackAmerica.org, choose NLCHP as
your charity, and a percentage of the sale will go to
NLCHP, at no additional cost to you! Hundreds of
popular retailers participate through these sites.
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Congratulations to Coalition to Protect Public Housing |
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NLCHP congratulates its colleagues at the Coalition
to Protect Public Housing, based in Chicago, for
recently receiving a 2008 Housing Rights Defender
Award from the Centre on Housing Rights and
Evictions!
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Upcoming CLE Event |
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NLCHP and Goodwin Procter LLP will host a CLE
seminar and reception on January 26, 2009 at
the offices of Goodwin Procter LLP in New
York City.
In this CLE seminar, learn about how you can help
protect the rights of homeless individuals and
families, and the current legal issues surrounding this
fight. The CLE seminar begins at 4:30 pm, and the
reception follows at 6:00 pm.
Speakers include Steve Banks, Attorney-in-
Chief, Legal Aid Society; Thomas A. Bisdale,
H.E.L.P. Coordinator, Feerick Center for Social
Justice; Hon. Fern Fisher,
Administrative Judge, Civil Court of the City of New
York; Jeffrey Simes, Partner, Goodwin Procter;
and Maria Foscarinis, Executive Director,
National Law Center on Homelessness & Poverty.
Registration is free; however, space is limited and we
strongly recommend registering early. Please RSVP
to Melanie Orhant at morhant@nlchp.org.
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Thanks to Sullivan & Cromwell |
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NLCHP thanks Sullivan & Cromwell LLP for its
generous donation in honor of its new associates and
summer associates that will join the firm in 2009.
| Quick Links... |
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NLCHP is a 501(c)(3) organization. Visit our website at www.nlchp.org! Contact us at (202) 638-2535 or email us at
nlchp@nlchp.org
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