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NLCHP News: Children's Right to Housing; 10 Meanest Cities
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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. 7 |
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From Maria's Desk |
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What would a right to housing look like here
in the U.S? We are one step closer to
answering this question, with Congresswoman
Maxine Water's introduction last month of
House Resolution 582, calling for a right to
housing for children and their families.
First and foremost, a right to housing in the
U.S. would mean that no one would have to be
homeless. It would mean that our government
would adopt and follow policies that made
sure that all people were able to afford a
place to live. This could happen in any
number of ways: With direct government
funding, with incentives to private
developers, with funds to non-profit
developers. It would not mean that the
government would have to build houses for
everyone and give them away for free.
Policies like the one that was just enacted
that protect renters'
rights in foreclosure help bring us a
step closer to that right. They help
guarantee "security of tenure"-a basic
element of the right to housing. [To see all
seven elements click here.]
We need more victories like that one in order
to have the right to housing here at home.
There are many rights we take for granted
today in our country. To take just one
example, we assume that everyone has the
right to drive-even though in some countries
women do not. Why shouldn't we assume that-at
least in a country with as many resources as
ours-everyone should be able to afford a
decent place to live?
At his press conference on March 24,
President Obama put it well: "[I]t is not
acceptable for children and families to be
without a roof over their heads in a country
as wealthy as ours." Exactly. Now we need to
turn rhetoric into reality-for all Americans
who are homeless.
Let's take a step toward that goal. Please
join us by endorsing House
Resolution 582. Contact us at
nlchp@nlchp.org to get involved.

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Every Child Deserves the Right to Housing |
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On June 25th, Maxine Waters, the Chair of the
House Subcommittee on Housing and Community
Opportunity, introduced a resolution
supporting the right to housing for all
children together with their families. The
resolution affirms that housing for children
is not just a value we share as Americans, it
is a basic human right.
But, as recent reports have noted, the crisis
of child homelessness is increasing, with an
estimated 1.5 million children facing
homelessness this year. In its July 2009
Homeless Assessment Report to Congress, the
U.S. Department of Housing and Urban
Development (HUD) estimated that the number
of homeless families grew by approximately 9%
in the sheltered population. This report
actually understates the extent of the
problem because HUD uses a narrow definition
of homelessness and does not consider
individuals or families homeless if they are
living doubled up with other families or in
certain other unstable housing situations.
According to HUD's data, approximately 29% of
families had been staying with family or
friends just prior to entering the homeless
assistance system.
"It's important that Congress acknowledge the
fundamental right of children to adequate
housing. Nearly 200,000 children and youth
are homeless each night in America. It is
appalling and unacceptable that so many
children are living on the streets without
shelter. The dangers of not having safe and
adequate housing are especially harmful to
children's health and development," said
Congresswoman Waters.
The resolution comes as a result of
persistent advocacy by a number of national
and local organizations, including NLCHP at
the federal level, and in Los Angeles, Beyond
Shelter, the LA Coalition to End Hunger and
Homelessness, and University of Southern
California Professor Ralph Fertig.
The primary cause of homelessness in the
United States is a lack of affordable
housing; 13.7 million Americans pay over 50%
of their income on rent or live in
substandard housing, putting them at high
risk for homelessness. Programs such as the
Family Unification Program (FUP) which
provide vouchers to keep families together
not only produced documented savings
(compared to the cost of foster placement)
but also resulted in an almost 90 percent
retention rate among homeless families.

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Homes Not Handcuffs: 10 "Meanest Cities" Announced |
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On July 14th, the National Law Center on
Homelessness & Poverty (NLCHP) and the
National Coalition for the Homeless (NCH)
released a joint report, Homes Not
Handcuffs,
tracking a growing trend in U.S. cities - the
criminalization of homelessness. The report
focuses on specific city measures from 2007
and 2008 that have targeted homeless persons,
such as laws that make it illegal to sleep,
eat, or sit in public spaces. The report
includes information about 273 cities
nationwide, and ranks the top 10 U.S. cities
with the worst practices in relation to
criminalizing homelessness. In addition to
the "meanest cities," the report identifies
examples of more constructive approaches to
homelessness. The report is available here.
NLCHP and NCH released their last joint
report on the topic in 2006. In the 224
cities surveyed in both reports, there was an
11% increase in laws prohibiting loitering in
certain public places and a 7% increase in
laws prohibiting "camping" in certain public
spaces.
Maria Foscarinis, NLCHP's Executive Director,
noted, "Homelessness in America is a human
rights crisis right here at home. As
foreclosures continue and the recession
deepens, the crisis is affecting more and
more Americans. But while some cities offer a
helping hand, too often, as documented in our
report, cities adopt unjust laws and
practices that punish people simply for being
poor and homeless."
While more cities are cracking down on
homeless people living in public spaces, the
housing and homelessness crisis in the United
States has worsened over the past two years,
particularly due to the current economic and
foreclosure crises. According to a report
released last week by the U.S. Department of
Housing and Urban Development, 41.8% of the
homeless population was unsheltered between
January 2007 and January 2008. Most cities do
not have adequate shelter space or affordable
housing to meet the need, leaving many
homeless persons with no choice but to live
in public spaces.
"Criminalizing homelessness is not only an
inhumane way of approaching people who are
poor and vulnerable, but is counterproductive
in dealing with the problem of homelessness,"
said Tulin Ozdeger, NLCHP Civil Rights
Program Director. "It costs more to jail a
person than it does to provide permanent
supportive housing."
The report also includes information about
costs studies examining criminalization
measures, constitutional challenges to
measures that criminalize homelessness, how
criminalization measures violate human rights
law, as well as constructive alternatives to
criminalization, such as developing
innovative strategies to allocate more city
funds for permanent housing, job training and
services for homeless people. In addition,
NLCHP and NCH recommend that the U.S.
Interagency Council on Homelessness, recently
charged by Congress with developing such
alternatives, urge cities to stop
criminalizing homelessness and adopt such
constructive measures instead.

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NLCHP Court Victory Helps Keep Homeless Child in School |
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NLCHP, together with pro bono partner Goodwin
Procter LLP, celebrated a victory for a
homeless child in New York last month. As
reported in the January 2009 edition of IJT,
the child, "Joey," was a third grade
special-needs student whose mother had lost
her home due to high bills from her cancer
treatments. She and Joey moved into her
mother's basement in the neighboring
district, though she continued to work in her
former town. Joey was having success in his
special education program, and his mother did
not want him to have to disrupt his program
in the middle of the year.
NLCHP and Goodwin Procter filed suit in
December against the district and New York
State for various violations of the
McKinney-Vento Act, which protects homeless
children's right to continue attending their
school of origin throughout the duration of
their homelessness. Under the law, homeless
persons doubling up with family or friends
due to economic hardship are explicitly
included as entitled to protection. Filing
the lawsuit brought immediate relief to the
family, as the school stipulated they would
allow Joey to remain through the end of the
school year. Goodwin Procter attorneys
assisted Joey in further developing his
special education program, and with the end
of the school year, the family agreed it
would be best to start in their new district,
settling the case.
Concerns remain regarding New York State's
procedures for enforcing the McKinney-Vento
Act, and NLCHP will work with the State to
press for improvements.

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Maria Foscarinis Speaks Out on CNN |
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Maria Foscarinis, NLCHP's Executive Director,
was quoted in a video clip on CNN about the
controversial practice of lobbyists paying
homeless people to stand in line for hours at
a time to save a spot at public hearings. Ms.
Foscarinis said it is ironic that some of the
most powerful people in the country are using
some of the most vulnerable to hold a place
in line for them. "They're likely to be
standing in line for people who well may be
opposed to universal health care that would
be a benefit for poor and homeless people,"
Foscarinis said. "And yet they may be
standing there for the purpose of access for
the interests that are opposed to their own."
Click here
to view the video and read the article.
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McKinney-Vento Event Sponsorships |
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Sponsorship information is available
here. Sponsorship must be received by
July 20, 2009 in order for logos to be
on the event invitation.
The event will take place on Thursday,
September 24, 2009 at 6:30pm at
the L'Enfant Plaza Hotel in Washington,
D.C.
NLCHP created the McKinney-Vento Awards to
recognize individuals or organizations that
have advanced solutions to homelessness and
poverty. These awards also pay tribute to
two outstanding national leaders in the fight
to end homelessness, Stewart B.
McKinney and Bruce F. Vento.
Stewart B. McKinney Honorees
This year, NLCHP pays tribute to the
producers and director of the film Kicking
It. This documentary, selected to World
Premiere in the Spectrum category at the 2008
Sundance Film Festival, chronicles the lives
of seven players in the 2006 Homeless
World Cup, representing several different
countries, including the U.S.
NLCHP will honor Susan Koch, the film's
director and
a filmmaker at Cabin Films; producer, Ted
Leonsis
(Washington Capitals, AOL), and the following
executive producers:
- Rick Allen (Snag Films)
- Kat Byles (Homeless World Cup)
- Keith Clinkscales (ESPN)
- Jack Davies (Venture Philanthropy
Partners)
- Raul Fernandez (Object Video)
- Sheila C. Johnson (Salamander
Hospitality, LLC)
- Russ Ramsey (Ramsey Asset
Management)
2009 Bruce F. Vento Honoree
NLCHP is proud to present Representative
Maxine Waters from California with the
2009 Bruce F. Vento Award. As Chair of the
Subcommittee on Housing and Community
Opportunity, Ms. Waters has been an essential
partner in passing the Helping Families Save
Their Homes Act of 2009 and in working to
secure recognition of the right to housing
for all children.
2009 Pro Bono Honoree
We are also delighted to present
WilmerHale with our 2009 Pro Bono
Counsel Award. The firm provided extensive
support in preparation of our recent report,
Without Just Cause, a 50-state review
of legal protections for renters in
foreclosed properties. Since the report's
release, new federal protections for renters
have become law.
Personal Achievement Award Winner
The Law Center is pleased to honor G.W.
Rolle, of St. Petersburg, FL. Mr. Rolle
began living on and off the streets at the
age of 14. While struggling to break the
cycle of homelessness, he became an outspoken
homeless advocate. 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 was concerned with the
lack of dignity afforded to homeless
individuals in St. Petersburg and began
assisting in a project in St. Petersburg
aimed at addressing the criminalization of
homelessness in that city.

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Deadline Approaching for Children's Art Contest |
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Time is running out to mail your submissions
for NLCHP's annual artwork contest for
homeless and low-income children!
Each year, NLCHP selects one winner and two
runners-up whose artwork will be displayed 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 four awards
that will be presented to honorees at the
event, as well as other NLCHP outreach
materials. The top three artists will also
receive a prize for their outstanding work.
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 winner will be invited
to attend NLCHP's awards dinner in September,
along with his or her parents.
The deadline for submissions is August 15,
2009. Visit the NLCHP
website for more information.

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Government Employees - Please support NLCHP through the CFC! |
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NLCHP has been admitted for participation in
the 2009 Combined Federal Campaign (CFC) as a
member of Human and Civil Rights
Organizations of America. Our CFC code is:
11947. If you are eligible to
participate in the campaign, please consider
donating to NLCHP!
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NLCHP is a 501(c)(3) organization. Contact us at (202) 638-2535 or email us at
nlchp@nlchp.org
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