August 2009 Donate Today Join Us
 
 

Volume 8, Issue 8
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NLCHP News: Stopping Forced Evictions; Human Rights Forum Date
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A publication of the National Law Center on Homelessness & Poverty )
Lawyers Working to End Homelessness Vol. 8, No. 8
In this issue
  • From Maria's Desk
  • In The News
  • Stopping Forced Evictions in New Orleans
  • Civil Rights in Domestic Violence Shelters
  • Changing Laws, Changing Lives: NLCHP at Work
  • McKinney-Vento Event Approaching
  • Save the Date: Human Right to Housing Forum
  • Seeking Policy Director

  • From Maria's Desk
    Maria

    Maria was on vacation as we prepared this issue. NLCHP Policy Director, Laurel Weir, offers reflections on our opportunities to take major steps to end homelessness this year:

    As anyone who has lived in Washington DC knows, August is typically a quiet month in our nation's Capital. Legislative action halts while Congress adjourns to allow Representatives and Senators to go home to their Districts for their annual August recess. In the absence of the frenetic, pre-recess legislative activity, I find myself with a few quiet moments to reflect.

    This year has been unlike any other since I first came to DC twenty years ago. On the one hand, it is a frightening time. The economy has experienced a downtown the likes of which have not been seen since the Great Depression. We see and hear of dramatic rises in homelessness in communities all over the country as low-income households lose their jobs and housing. And even though more recent signs are pointing to the end of the recession, we are told it is likely to be a jobless recovery - meaning little relief for many persons in poverty.

    Yet this is also a time of hope. Because of the foreclosure and economic crises, I see a greater receptivity among legislators and their staffs to help persons who are homeless or at risk. Last year, legislation was enacted to create a National Housing Trust Fund. At the beginning of this year, Congress provided $1.5 billion for homeless prevention and rapid re-housing - an amount almost equal to the entire Fiscal Year 2009 appropriation for the McKinney-Vento programs administered by the U.S. Department of Housing and Urban Development (HUD). In the Spring, Congress reauthorized the HUD McKinney-Vento programs - the first time since 1992 - and in the same legislation, created protections to ensure renters living in foreclosed housing receive at least 90 days notice before being evicted and can remain in the housing through the end of their lease term. Legislation to create affordable housing for low-income veterans and their families passed the House of Representatives this summer. And Rep. Maxine Waters has introduced a resolution calling on Congress to recognize housing as a basic human right for all children and their families.

    But we have work to do, and your support is critical. Talk to your legislators about homelessness in your community. Ask them to support capitalization of funding for the National Housing Trust Fund and increased funding for the low-income housing programs that prevent and end homelessness. Endorse Rep. Waters' resolution in support of a right to housing for children and families and ask your elected representatives to do so as well. The need is greater than ever, but so are the opportunities for success.

    In The News

    This month, in an Op-Ed for the New York Times, Barbara Ehrenreich references our Homes Not Handcuffs report and asks: Is It Now a Crime to Be Poor?

    Stopping Forced Evictions in New Orleans

    The Advisory Group on Forced Evictions, an advisory body to the UN-HABITAT agency, conducted a fact-finding mission in New Orleans and Washington, DC from July 26-31, 2009. Members of the Advisory Group, including NLCHP's Human Rights Program Director, Eric Tars, toured homeless squatters settlements, remaining and demolished public housing developments, and homes in an area of Mid-City New Orleans slated for eviction and displacement to make way for the expansion of Louisiana State University hospital. The group also held a town hall meeting and met with public officials in New Orleans and Washington, DC.

    Hurricanes Katrina and Rita destroyed homes for millions of residents in New Orleans and the Gulf Coast. However, the Advisory Group members observed that federal and local disaster and redevelopment policy that fails to comply with universally recognized human rights standards is equally responsible for the forced evictions of many of the most vulnerable residents.

    Among the problems observed, the New Orleans City Council in collaboration with the federal Department of Housing and Urban Development approved the demolition of four major public housing complexes, destroying communities and failing to make adequate plans for affordable housing for residents. Residents at the remaining public housing complex, Iberville, reported rumors that their complex will be demolished next. Moreover, a plan to build the new Louisiana State University hospital has prevented many Mid City residents from returning, and threatened those who have begun rebuilding in the area with further displacement.

    The Advisory Group, which also included members from the National Economic & Social Rights Initiative, May Day New Orleans, and the Canadian Centre for Equality Rights in Accommodation and the international Centre on Housing Rights & Evictions, met with public officials in New Orleans and Washington, D.C. These meetings brought new commitments by officials, such as Representative Maxine Waters, to investigate issues, which include past and rumored imminent eviction, displacement of residents, private developers overriding HUD requirements for tenants, and criminalization of homeless persons.

    The mission received extensive press coverage; it was the lead story on WDSU and WGNO, two of the major network news shows, and the cover of the Metro section of the Times-Picayune, the New Orleans daily newspaper. Also, Tars created daily video blog updates, which were featured on the WITNESS's "The Hub" website. For more information and background on the mission, visit NLCHP's wiki website.

    Civil Rights in Domestic Violence Shelters

    NLCHP has recently created a new resource for domestic violence shelters and advocates on federal civil rights statutes, available here. The Q&A document provides information and resources regarding certain federal civil rights laws that apply to domestic violence shelters and the services they provide to clients, including the Americans with Disabilities Act (ADA), the Fair Housing Act (FHA), Title VI of the 1964 Civil Rights Act (Title VI), and Section 504 of the Rehabilitation Act (Section 504). This tool will assist shelters and advocates in ensuring that domestic violence survivors' full range of rights are protected.

    Changing Laws, Changing Lives: NLCHP at Work

    NLCHP successfully ensured that "Sophia," a 6th grade student at Elkridge Landing Middle School (ELMS), maintained her educational stability by challenging decisions of the Howard County Public School System (Howard) that would potentially violate the McKinney-Vento Act. Those decisions would have caused Sophia to move to another school after she and her mother, "Lisa," lost their home.

    Following a domestic dispute, with almost no money in her bank account, Lisa had no other choice but to move to her mother's house in Anne Arundel County. Although the McKinney-Vento Act clearly states that families who are living doubled-up due to economic circumstances are covered by the law's protections, Howard indicated it would allow Sophia to stay at ELMS only if Lisa found new housing in the county, transferred full custody to her ex-husband who lived in the county, or paid out-of-county tuition. Unable to give up custody or afford an apartment or tuition, Lisa turned to Dr. Cohee, Homeless Coordinator of the Maryland State Department of Education, for further assistance.

    Dr. Cohee reached out to NLCHP's Children and Youth Staff Attorney, Eric Tars, who drafted a letter advocating for Sophia's rights under the Act. Tars outlined that first, the Act required ELMS to designate Sophia as "homeless." Secondly, ELMS was required to allow her to remain at her original school for the duration of homelessness, and lastly, they had to provide her with transportation to enable her to continue in school.

    After reviewing NLCHP's opinion, Howard decided to meet the Act's requirements. The efforts of Dr. Cohee and NLCHP brought a victory for Sophia and her family. Now that Sophia is enjoying her right to remain at ELMS with provided transportation, NLCHP continues to monitor the situation so that Sophia's educational opportunities remain available.

    McKinney-Vento Event Approaching

    Don't forget to send in your event sponsorship by August 25, 2009 to guarantee your ad space in the event program book! Sponsorship information is available here. Individual tickets are available for $225 by contacting Jessica Libbey at jlibbey@nlchp.org.

    Stewart B. McKinney Honorees: Producers and director of the film Kicking It - Ted Leonsis, Rick Allen, Kat Byles, Keith Clinkscales, Jack Davies, Raul Fernandez, Sheila C. Johnson, Susan Koch.

    Bruce F. Vento Honoree: U.S. Representative Maxine Waters

    Pro Bono Honoree: WilmerHale

    Personal Achievement Honoree: G.W. Rolle, of St. Petersburg, FL

    Laura Evans of Fox5 News will serve as the Mistress of Ceremonies for this year's McKinney-Vento Awards event. Ms. Evans, an Emmy and Golden Mic award winning news broadcaster, hosted the 2008 event, and we are pleased to welcome her back.

    NLCHP would like to thank WilmerHale for its leadership circle sponsorship. Visit our event website for more information.

    Save the Date: Human Right to Housing Forum

    Together with Georgetown University Law Center, NLCHP will host the 2009 National Forum on the Human Right to Housing. The event will take place Sunday, November 8-Monday, November 9, 2009.

    Raquel Rolnik, the UN Special Rapporteur on Adequate Housing, will host a special opening session as part of her official mission to the United States.

    Planned workshops include: Intersectional Challenges in Access to Housing; The Human Right to Housing in Policy Advocacy; Combating Criminalization of Homelessness; Gender and Housing Rights; Service Provision from a Human Rights Perspective; Health Care, Housing and Human Rights; and Public Housing, Demolitions, and the Human Right to Development.

    Updates and registration information will be available soon on our Forum website.

    Seeking Policy Director

    After 20 years with NLCHP, Laurel Weir is moving to Oregon to undertake new challenges. We expect to continue tapping her experience and expertise, and her tremendous knowledge and contributions to NLCHP are immeasurable.

    NLCHP is currently searching for a new policy director. The description is available on our website. Please share this with anyone who might be a good fit for this position.

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