Two new reports just published by NLCHP focus on two critically important and urgent issues: protecting the rights of renters in foreclosure and state programs to prevent homelessness. Both are described in more detail in this issue.

The reports were released as renters across the country face evictions, utility shut-offs and the threat of homelessness - even those who were paying the rent on time - because of foreclosures. Earlier this month in Phoenix, Arizona, over 20,000 tenants faced the threat of eviction following default by one of the largest developers there. Arizona is one of the worst states for renters' rights, according to the information we gathered in our report, Without Just Cause (produced with our colleagues at the National Low Income Housing Coalition). A lack of rights for renters in most states is the reason we are advocating for federal-level protections.

On the flip side, the President's recent economic stimulus package includes $1.5 billion for homelessness prevention programs, such as those described in our second report, An Ounce of Prevention. This is a big increase in funding, and a big step forward.

But it won't be enough. The gap between the need for affordable housing and availability is just too wide. And the increases in homelessness we are seeing around the country are too great to be mitigated by this stimulus funding. Read our fact sheet for more information about the crisis.

Having started my work on this issue in the mid 1980's, when homelessness first became a major national crisis, I feel we are on the threshold of a huge new wave of homelessness.

We must act now to prevent this. Our advocacy is crucial! Please join us. Support our advocacy, and support our organization. Click here to donate.

Maria Foscarinis
Executive Director

As foreclosures continue to drag down the housing market, renters of foreclosed properties are among those most at risk of homelessness. But all too often, their plight receives little attention. In an effort to raise awareness about the needs of low-income renters in foreclosed property, NLCHP recently released two reports that highlight these issues, as described below. Additionally, NLCHP participated in a Congressional briefing hosted by the National Low Income Housing Coalition (NLIHC) on the reports and NLIHC research. The briefing was broadcast by C-SPAN and is available online.

For both renters and owners who are in danger of homelessness due to foreclosure, existing homelessness prevention programs can help. But states do not have enough funding to meet the need. An Ounce of Prevention, a report prepared by NLCHP with pro bono assistance from Morgan, Lewis & Bockius LLP, highlights homelessness prevention programs in 25 states.

Without Just Cause, a 110-page report prepared by NLCHP in collaboration with NLIHC and with pro bono assistance from WilmerHale, outlines the rights, and lack thereof, for renters in foreclosure in all 50 states and the District of Columbia.

According to NLIHC, about 40% of families facing eviction due to foreclosure are renters. But renters have little protection. If a landlord is foreclosed, tenants who have diligently paid their rent on time may face eviction without notice, coming home to find locks changed and their belongings on the street. Some local sheriffs, such as Sheriff Dart of Cook County, IL, made headlines for refusing to evict renters in these cases.

The status of renters in foreclosure cases is a matter of state law, and laws are complex and vary among the 50 states and the District of Columbia. In practice, protections are often even fewer: even if they have rights, many renters are often unaware of them and few have easy access to lawyers, who may also be unaware of tenants' rights.

Major findings of this report show:
· Only 33% of states (17) require any type of notice to tenants.
· Only 29% of states (14 and DC) require a judicial process for foreclosure.
· In several states (e.g. FL, IA, WI, NY, OH) tenants may remain only if they are not named in the foreclosure proceeding.
· Only two states (NJ and DC) explicitly preserve tenants' rights in the lease after foreclosure.

Only 23 states provide some exceptions that may preserve tenants' rights. For example:
· In CT, tenants who are elderly, disabled, or receive federal Section 8 housing subsidies are protected and their tenancies preserved.
· In IL, if tenants are not named in the foreclosure proceedings, they can maintain their lease, subject to the filing of a supplemental petition by the lender.
· In nine states, the lease may be protected if it predated the mortgage, depending on mortgage terms.

"This report is a big, loud warning bell about what happens when renters are forced to leave their homes without warning because of a building foreclosure," said Senator John Kerry. "Renters who do no wrong shouldn't pay the price of being evicted without the necessary time to make alternative living arrangements. We need to change the law to protect tenants by allowing them to stay in their homes for at least 90 days after a foreclosure."

Congressman Keith Ellison of Minneapolis introduced the Protecting Tenants at Foreclosure Act (H.R. 1247) on March 2, 2009. He said of NLCHP's Without Just Cause report, "Individuals and families renting foreclosed homes are the untold victims of this housing crisis. This study reinforces many of the stories I have heard from my constituents in Minnesota. That is why I joined Chairman Barney Frank to introduce legislation to tackle this important issue. I look forward to working with my colleagues and President Obama to make this legislation a reality."

Representative Ellison's legislation would require at least 90 days notice be given to tenants prior to eviction. The legislation would also allow tenants to stay in their units for the remainder of the lease term, provided that they meet the following conditions: 1) they had entered into a lease prior to the foreclosure, 2) the new owner does not intend to occupy the premises as his or her primary residence, and 3) the lease is not terminable at will under state law. NLCHP and NLIHC are working with Rep. Ellison to seek additional Congressional co-sponsors for the legislation.

NLCHP looks forward to working with Senator Kerry, Congressman Ellison and others to address the crisis facing renters in foreclosed properties.

For more information, please contact Laurel Weir (lweir@nlchp.org) at NLCHP.

Following many months of advocacy by NLCHP and its partners, Congresswoman Maxine Waters, Chair of the House Sub-Committee on Housing and Community Opportunity, will be holding Congressional Field Hearings this year on the crisis in affordable housing, beginning in her home district of Los Angeles on March 28, 2009.

NLCHP worked with national and local housing and homelessness advocacy organizations to form the Campaign to Restore National Housing Rights, a coalition calling on the national government to reclaim its historic commitment to provide adequate housing for everyone. The field hearings are an important first step in this campaign, and will address the crisis in affordable rental housing, including public housing demolitions, under-funding of the Section 8 rental voucher program, and rising homelessness across the country.

The hearings will be aimed at highlighting the crisis in housing facing poor communities, advancing the notion of a human right to housing within the United States, and moving forward progressive legislation in this area.

Additional field hearings are tentatively planned for Atlanta, Chicago, Minneapolis, New Orleans and New York City, and will wrap up with national hearings in Washington, DC. If your organization is interested in getting involved in the efforts to hold the hearings or in submitting testimony, please contact Eric Tars (etars@nlchp.org), NLCHP's Human Rights Staff Attorney.

NLCHP thanks the US Human Rights Fund and the Butler Family Fund for support of its Human Rights Program.

On March 10, the National Center on Family Homelessness and Senator Robert Casey hosted a briefing on the Center's new report, America's Youngest Outcasts: State Report Card on Child Homelessness. NLCHP served on the advisory board of this report, which documents the extent of child homelessness, describes the plight of these children, profiles and ranks the 50 states, and proposes solutions.

This new report highlights the fact that the homeless child population is exploding. Given the economic and foreclosure crises, hundreds of districts have identified more homeless students in the first few months of this school year than were seen in all of the 2007-2008 school year.

NLCHP works to ensure that schools provide educational stability for homeless children, as outlined in provisions of the McKinney-Vento Homeless Assistance Act. Studies show that homeless students who change schools frequently are more than twice as likely to repeat a grade and half as likely to graduate high school as their permanently housed peers. Access to a good education is essential for homeless children to be able to break the cycle of poverty and have a chance at a better future.

At the same time, funding for homeless students falls far short of the need. Federal assistance for homeless students went to only six percent of school districts nationwide last year, and few states have dedicated homeless student funding. Although Congress responded with some additional allocations in the recent stimulus bill, many districts are attempting to evade the law to reduce the costs of giving homeless students the full opportunity to access their right to a decent education.

NLCHP will use the State Report Card on Child Homelessness to demonstrate the need for additional funding at both the federal and state levels for homeless children's education, and to advocate for stronger enforcement of their education rights as well as for a commitment to ensure housing for all of America's homeless children.

NLCHP will be offering a webinar training with the National Alliance to End Homelessness (NAEH) to help advocates, service providers, and local government officials understand the requirements and opportunities under the Emergency Shelter Grant (ESG) homeless prevention funding authorized by the recently enacted economic recovery legislation.

In February, President Obama signed into law the American Recovery and Reinvestment Act. This law authorized $1.5 billion in homelessness prevention funding under ESG. The bill also authorized $100 million for the McKinney-Vento Emergency Food and Shelter Grant Program and $50 million for transitional housing under the Violence Against Women Act.

On March 19, the U.S. Department of Housing and Urban Development (HUD) will issue guidelines for use of the homelessness prevention funds. The ESG funds have been allocated to states and entitlement communities for distribution. These entities will determine how to award the funding in accordance with HUD's guidelines.

To help nonprofits better understand how to obtain and use these funds, NLCHP and NAEH are co-sponsoring a series of audio trainings.

On Wednesday, April 1, at 2:00PM ET, NLCHP will present a webinar on the process for obtaining and using the funds, as well as reporting requirements and opportunities for coordinating these funds with mainstream programs. This call will feature representatives of HUD, NLCHP, and NAEH. To register, please click here. The webinar is free, but we request donations to help defray the costs of the webinar service.

NAEH will also be offering a webinar training on the recent SAMHSA request for applications, on Tuesday, March 24 from 1:00 to 2:30PM ET, with the Corporation for Supportive Housing (CSH). The training will help clarify SAMHSA's application procedures for organizations that are considering applying for funding under the Services in Supportive Housing program or the Treatment for Homeless program. SAMHSA staff will make a brief presentation and be available to answer questions. To register and receive details on how to join the audio conference, please click here.

NLCHP regularly sublets its extra office space at its 14th and K Street offices in downtown Washington, DC. Four fully furnished offices, which are sufficient for two people each, are available for sublet beginning immediately. Each office includes two phone lines and free internet service. Tenants will share use of a kitchen, conference room, copier, postage machine and fax machine. NLCHP offices are convenient to the metro system and major bus lines. Contact Vibha Bhatia (vbhatia@nlchp.org) for more information.

NLCHP would like to thank the Morris and Gwendolyn Cafritz Foundation for its award of a $40,000 grant for Affordable Housing Advocacy for Homeless and At-Risk Persons in DC!

NLCHP is seeking nominations for the Personal Achievement Award for its 2009 McKinney-Vento Awards ceremony. The award will be presented to a formerly homeless individual to honor his or her personal achievement in overcoming adversity and to recognize his or her service to those still experiencing homelessness. NLCHP will cover the honoree's travel expenses to attend the Awards event.

If you would like to nominate an individual for the Personal Achievement Award, please e-mail Jessica Libbey (jlibbey@nlchp.org) by May 1, 2009 with a brief, one page description of your candidate, detailing how they meet the criteria listed on NLCHP's website.

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