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NLCHP News: McKinney-Vento Act Reauthorized, Law Suit Filed in St. Petersburg
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A publication of the National Law Center on Homelessness & Poverty |
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| Lawyers Working to End Homelessness |
Vol. 8, No. 6 |
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From Maria's Desk |
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Last month marked an exciting step forward in
the national advocacy movement to end and
prevent homelessness. In a White House
ceremony on May 20, President Obama signed
into law two bills important to our cause:
the reauthorization of the McKinney-Vento
housing programs and the Protection of
Renters in Foreclosure Act. Both were major
NLCHP priorities, and we were pleased to be
invited to the White House for the occasion.
The reauthorization of the McKinney-Vento
housing programs came after 15 years in which
the programs were funded but not officially
"authorized" by Congress, leaving the
nation's largest federal programs to address
homelessness without Congressional oversight
or attention. The reauthorization was thus
also an opportunity to update, strengthen,
and improve the Act's programs, and we feel
that the new legislation does this.
Among the key provisions are strengthened
requirements on the Interagency Council on
Homelessness, including a requirement to
create a federal plan to end homelessness and
to stop cities from criminalizing
homelessness in favor of more constructive
approaches. Click here
for more information. The need for federal
leadership is urgent: Just last month NLCHP
joined partners Southern Legal Counsel and
Florida Institutional Legal Services to file
a suit in federal court in Florida,
challenging St. Petersburg's efforts to
criminalize homelessness.
The Renters in Foreclosure Act addresses one
of the key current causes of growing
homelessness nationally: the eviction of
renters from foreclosed properties. This
issue was highlighted in a joint report by
NLCHP and the National Low Income Housing
Coalition (NLIHC), Without Just Cause, and
the new law tracks our recommendations.
NLCHP, NLIHC and our other partners will be
disseminating information and materials on
this important new law on our Wiki
site.
We want to hear from you as we move forward!
Please let us know your thoughts and comments.

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Suit Filed Against City of St. Petersburg Criminalization Measures |
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NLCHP, along with partners Southern Legal
Counsel (SLC) and Florida Institutional Legal
Services (FILS) filed a lawsuit in federal
court on behalf of a class of homeless
plaintiffs challenging the constitutionality
of a number of ordinances and practices that
target homeless individuals living in St.
Petersburg.
Since early 2007, St. Petersburg has passed
six ordinances that target homeless
individuals, including four different ones
that make it unlawful to sleep, lie down or
recline outside at various locations
throughout the city and prohibiting the use
of temporary shelters. The other ordinances
outlaw panhandling throughout most of
downtown and prohibit the storage of personal
belongings on public property.
The 2009 Pinellas County Coalition for the
Homeless' Annual Count and Survey documented
a 20% increase in the total number of
sheltered and unsheltered homeless
individuals living in Pinellas County.
Without adequate shelter space or affordable
housing, many homeless St. Petersburg
residents are forced to live outside.
The named plaintiffs in the suit have been
cited or arrested for a wide range of
activities they must do to survive. In
addition, police have banned plaintiffs from
certain public parks, have unlawfully
searched them, and have penalized some for
keeping property in public spaces.
The groups assert that the ordinances and
practices used to target the plaintiffs
violate a wide range of constitutional
protections, from the Eighth Amendment right
to be free from cruel and unusual punishment,
to the right to travel, to free speech
rights. The groups also claim that certain
of the challenged measures are void for
vagueness, violate the Fourth Amendment right
to be free from unreasonable searches and
seizures, and violate equal protection
rights. The plaintiffs are seeking an
injunction to stop enforcement of the
ordinances and practices at issue and a
declaration of the unconstitutionality of
these practices.

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UN Expert Condemns Racial Discrimination Against Homeless Persons in Los Angeles |
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A recent
report by the UN Special Rapporteur on
Racism shone an international spotlight on
the criminalization of homelessness in Los
Angeles' Skid Row, where police are ticketing
homeless and poor African Americans for minor
violations such as jaywalking and littering
at more than 50 times the rate of the rest of
the city. Post-Katrina housing needs and the
ongoing problem of racial segregation in
housing were also cited.
The report is based on the Rapporteur's
May-June 2008 visit to the U.S., coordinated
in part by NLCHP. The Rapporteur visited
many cities, including Los Angeles, Chicago,
Miami, New York, Omaha, and Washington, DC,
and met with housing and homeless advocates
in each.
NLCHP had highlighted the disparate impact of
police enforcement in its Feburary 2008 testimony
to the Rapporteur in Geneva. Then, while
in Los Angeles, he met with NLCHP's local
partners, Beyond Shelter and the LA Coalition
on Hunger & Homelessness, and went on a tour
of Skid Row with the Los Angeles Community
Action Network (LA CAN). LA CAN has
subsequently filed a request for an
investigation by the federal Department of
Justice into racial discrimination against
homeless persons and other abuses of the law.
The Rapporteur will make a formal report of
his findings to the UN Human Rights Council
later in June, and NLCHP intern Luis
Rodriguez will report back on this session
from Geneva. NLCHP will continue working
with its partners in Los Angeles to use the
international comments to help keep pressure
on the Department of Justice and others to
conduct a full investigation and cease this
discriminatory practice.

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17% Increase in Number of Homeless Students Last Year |
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The National Center on Homeless Education
(NCHE) released its compilation
of data from the 2007-2008 school year
showing 794,617 homeless students identified
by school districts, a 17% increase over the
previous year.
NCHE is the federally contracted agency
responsible for monitoring and assisting
schools with implementation of the
McKinney-Vento Act's education provisions.
These include the immediate enrollment of
homeless students in new districts, or the
facilitation of transportation so homeless
students can continue to attend their school
of origin throughout the duration of their
homelessness.
Homelessness is defined by the McKinney-Vento
Act to include not just those on the streets
or in shelters, but also those living doubled
up due to economic circumstances or other
reasons. In fact, the percentage of
doubled-up students increased to 65% of
identified homeless students in '07-'08, up
from 61% the previous year, and 56% two years
prior.
NLCHP conducts active outreach to school
districts and homeless assistance agencies to
ensure students are being appropriately
identified and given proper services. For
example, this past month, NLCHP spoke with
close to 100 English for Speakers of Other
Languages (ESOL) Teachers in eastern Maryland
to train them on the rights of homeless
students, including migrant students who are
homeless. Students with Limited English
Proficiency made up almost 10% of identified
homeless students this past year.
Additional data in the report shows the
number one barrier to the education of
homeless children and youth is transportation
to and from their school of origin, as it has
been for the past four years.

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Domestic Violence Survivors Face Housing Discrimination, Study Shows |
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"Cindy" thought her troubles were over when
she left an abusive relationship. Then her
abuser began to regularly break into her
apartment and threatened her, breaking the
windows on one occasion. After this incident,
her landlord formally evicted her from her
apartment. The landlord then told her
numerous times that she would need to pay for
the cost of replacing the windows or face
legal action.
Incidents like this are all too common. NLCHP
recently released a new study showing that
domestic violence survivors are often
victimized in more way than one: on top of
suffering abuse, they can also lose their
housing due to actions of their abusers.
About 20% of homeless women report domestic
violence or abuse as a reason for their
homelessness, and 28% of U.S. cities surveyed
in 2008 reported that domestic violence was a
primary cause of homelessness. Domestic
violence survivors, particularly those with
limited resources, often have to choose
between living with their abusers and
becoming homeless.
Over three years after Congress reauthorized
the Violence Against Women Act (VAWA) and
included provisions protecting victims of
domestic violence, dating violence and
stalking from being denied access to, or
being evicted from, public or Section 8
housing, NLCHP's study shows that housing
providers are still inconsistently enforcing
and implementing these protections, leaving
victims of domestic violence to also fall
victim to homelessness.
NLCHP's study included extensive review of
over 3,300 HUD-approved 2007 and 2008 Public
Housing Authority plans to determine whether
they were in compliance with provisions of
VAWA. The study showed that 40.5% of all
Public Housing Authority plans did not even
meet basic requirements. According to the
study, the Department of Housing and Urban
Development (HUD) has offered insufficient
guidance to local Public Housing Authorities,
and domestic violence service providers are
still encountering numerous denial and
eviction cases. NLCHP is urging the new HUD
Secretary, Shaun Donovan, to make redressing
them a priority.
In addition, NLCHP and key partners launched
a nationwide survey of service providers to
assess their experiences with denials and
evictions based on domestic violence, dating
violence and stalking. Survey results show
that over 300 victims were threatened with
eviction or were evicted for reasons directly
related to domestic violence, dating violence
NLCHP makes several recommendations in this
report, such as a comprehensive survey by the
federal government on implementation of the
VAWA regulations, as well as better oversight
by HUD of local compliance with these
regulations. It is also critical that service
providers collect data by screening clients
with housing problems that are related to
The full report, Insult to Injury: Violations
of the Violence Against Women Act, is
available here.

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2009 Personal Achievement Honoree Selected |
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Each year at the McKinney-Vento Awards event,
NLCHP honors a person who has experienced
homelessness, overcome adversity and is
committed to helping others. This year, NLCHP
will honor G.W. Rolle, of St. Petersburg, FL.
Mr. Rolle began living on and off the
streets at the age of 14. He went to prison
at the age of 17, and after his release, he
received a scholarship to attend Syracuse
University. Still, his criminal record was a
barrier to using his education to find
employment and stable housing.
While struggling to break the cycle of
homelessness, he became an outspoken homeless
advocate. No longer living on the streets,
Mr. Rolle continues to fight against
homelessness for those still trapped in its
cycle. Mr. Rolle serves on the homeless
leadership network in Pinellas County and
works with local churches and religious
groups to advocate for better governmental
policies to address root causes of
homelessness and provide dignity to people
living on the streets. In 2008, he began a
ministry for homeless adults, which he named
"Living Water Community Ministries," a 90-day
transitional housing program for men and
women who desire to break the cycle of
homelessness in their lives. Unfortunately,
due to lack of funding, he had to close the
program but has moved on to other avenues of
advocacy.
Mr. Rolle is currently an Americorps VISTA
volunteer with the National Coalition for the
Homeless' Faces of Homelessness Speaker's
Bureau in Pinellas County. Mr. Rolle also
coordinates transportation for the Cold Night
Shelters on behalf of the Pinellas County
Coalition for the Homeless. For the past five
years, Mr. Rolle has been cooking breakfast
as a volunteer on weekends at the Salvation
Army, a homeless service provider in St.
Petersburg.
Mr. Rolle was concerned with the lack of
dignity afforded to homeless individuals in
St. Petersburg and began volunteering with
NLCHP and Southern Legal Counsel, a nonprofit
civil rights law firm in Florida. He has been
assisting in a project in St. Petersburg
aimed at addressing the criminalization of
homelessness in that city and now works
part-time as an Outreach Assistant for the
project. He is a leader and an inspiration to
homeless individuals and homeless advocates.

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Deadline Extended for Children's Art Contest |
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NLCHP is seeking submissions from homeless or
low-income children and youth in the
Washington, DC area for its annual artwork
contest! Entries will be displayed at the
McKinney-Vento Awards ceremony. One winner
and two runners up will receive prizes. The
winning artwork will also appear on the four
awards that will be presented to the honorees
at the event.
The winner will be invited to attend the
awards dinner in September, along with his or
her parents/guardian.
Submissions will be accepted from children in
the DC area who are enrolled in after-school
programs or art-related organizations serving
homeless and low-income children, or who are
currently residing in shelters.
Entries in the contest must meet all criteria
listed in the guidelines,
and must also include the entry
& release form, signed by a parent or
legal guardian.
The deadline for submissions has been
extended to August 1, 2009!
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Thanks to our New Funders! |
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With a new grant from The Open Society
Institute, NLCHP's Program to Prevent
Homelessness Resulting from Foreclosures
will educate various stakeholders, including
renters themselves, about renters' rights in
foreclosure, and train and assist them in
understanding and claiming such rights;
prevent homelessness due to foreclosures and
related evictions by disseminating
information about model state programs and
policy models and supporting efforts to
promote their adoption; and ensure that state
and local governments, and their non-profit
sub-grantees, are able to make effective use
of $1.5 billion in new Stimulus funding for
homelessness prevention. Thanks to the Open
Society Institute!
Thanks to the Freddie Mac Foundation
for a grant for our Access to
Rights and Opportunities for Vulnerable
Families and Children in Washington, DC,
Maryland, and Virginia program. NLCHP
will work to ensure that children and youth
in low-income communities have access to
school and essential services in order to
improve academic achievement, and that
survivors of domestic violence and their
children maintain housing stability.
NLCHP also wishes to thank the W. K.
Kellogg Foundation for its support to enhance the
National Law Center on Homelessness and Poverty's
capacity by providing general support of its programs.
Established in 1930, the W. K. Kellogg
Foundation supports children, families and
communities as they strengthen and create
conditions that propel vulnerable children to
achieve success as individuals and as
contributors to the larger community and
society. Grants are concentrated in the
United States, Latin America and the
Caribbean, and southern Africa.

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Homelessness Wiki Update |
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Check out the new Child and Adult Care Food
Program (CACFP) section on the Homelessness
Wiki! It includes fact sheets, articles, and
frequently asked questions. This section is
still growing, as are many other pages. Local
advocates have also set up a discussion page
to share resources about combating
criminalization in their area - if you want
to set up a similar discussion let NLCHP
know. We encourage interested organizations
to email nlchp@nlchp.org if you have
expertise to add to the content!
Street Sense recently published an article
about the Homelessness Wiki, (Vol 6, Issue
13). The article calls the Wiki an "ideal way
to pool and organize resources."
The Wiki is a collaborative online resource.
It includes an advocacy manual consisting of
fact sheets, Q&A, statutory materials,
litigation documents, model programs,
policies and legislation, and in-depth
articles. The site also provides a central
location for advocates and organizations to
post training sessions and events, as well as
offers the latest news from partner
organizations and ways to get more involved
in the effort to end homelessness. Visit the
site and find a list of current partners at
http://wiki.nlchp.org.

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