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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 |
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| Lawyers Working to End Homelessness |
Vol. 8, No. 8 |
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From Maria's Desk |
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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.

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In The News |
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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?
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Stopping Forced Evictions in New Orleans |
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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.

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Civil Rights in Domestic Violence Shelters |
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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.
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Changing Laws, Changing Lives: NLCHP at Work |
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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.

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McKinney-Vento Event Approaching |
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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.

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Save the Date: Human Right to Housing Forum |
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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.
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Seeking Policy Director |
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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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NLCHP is a 501(c)(3) organization. Contact us at (202) 638-2535 or email us at
nlchp@nlchp.org
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