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NLCHP News: Dallas Foodsharing Victory, Commemorating 20 Years of Advocacy
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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. 9 |
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From Maria's Desk |
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Twenty Years of Advocacy
This year marks the Law Center's 20th
anniversary, and we'll be commemorating that
occasion at our annual
dinner on September 24th. I don't say
"celebrate," because while we have so much to
be proud of, we will only truly be able to
celebrate when we reach our goal of ending
homelessness in America.
Right now homelessness is skyrocketing across
the country as the impact of the foreclosure
crisis and job losses hit communities,
deepening what was already a crisis. As the
school year starts, more calls than ever are
coming to our office as homeless
schoolchildren face barriers to receiving the
education that is essential to their shot at
a better future.
But despite these grim realities, there is
also much cause for hope. We have greater
consensus now than ever before on what we
need to do to end and prevent homelessness.
We know that housing is essential and that
income, health care, education and civil
rights are crucial. We have more legal
protections in place, including new federal
rights for renters in foreclosure. We have a
federal agency - the U.S. Interagency Council
on Homelessness - charged with leading a
national effort to end homelessness, whose
Chair, Shaun Donovan, has stated his
commitment to do so for all homeless people.
We have more tools, and we have more
victories under our belt. We also have an
important teachable moment now: The current
crises in housing and in the economy make
clear the crucial importance of housing - and
how a job loss, a health crisis or other
misfortune can lead to its loss. They make
clear the devastating impact of that loss.
I think this is a critical moment to advocate
to end homelessness for all Americans. I
think it's the moment to advocate for a
paradigm shift that recognizes housing as a
human right for all. Let's take a first step
by passing
House Resolution 582 calling for a right
to housing for all children and their
families. After all, we don't want to be at
this for another twenty years. Nor do our
homeless brothers and sisters.

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Annual Report Released |
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NLCHP is proud to announce the publication of
its latest annual report, highlighting
programs, successes, and supporters from
2008. The report is available here.
A special thanks to all our donors and partners!
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Victory in Dallas Foodsharing Case |
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In 2007, NLCHP and pro bono partner, Howrey
LLP, filed a lawsuit against the city of
Dallas, challenging an ordinance that
severely restricts locations where groups can
share food, prohibiting many groups from
providing food in locations where they have
served homeless individuals for years.
Violators face arrest and fines up to $2,000.
On August 28, 2009 U.S. District Court Judge
Jorge Solis denied in part the City of
Dallas' motion to dismiss claims. The court
denied the City's motion to dismiss
plaintiffs' claims related to free exercise
of religion, equal protection, vagueness, and
the Texas Religious Freedom Restoration Act.
While the court is allowing the plaintiffs to
move forward with these claims, the court
dismissed the plaintiffs' other claims
related to freedom of speech, freedom of
association, and the right to travel.
"We are very pleased with the court's
decision to allow the plaintiffs to move
forward with their case," said Tulin Ozdeger,
NLCHP's Civil Rights Director. "Instead of
penalizing groups trying to help meet the
growing need in Dallas, the City should be
looking toward ways to work with those who
want to help."
Howrey LLP, who has a long tradition of
engaging in pro bono work in the communities
in which the firm works, said, "We take on
the tough cases, and none has been more
challenging than the Dallas foodsharing case.
We are energized and encouraged to note
that the Court recently denied the City's
motion to dismiss with respect to our core
claims, which allows us to now proceed with
discovery and move forward
with the case. We intend to do so toward a
successful resolution."

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Model Police Order Available |
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NLCHP has published a model
police order that offers suggested
constructive alternatives to criminalization
that city police departments can adopt, in
coordination with local homelessness service
providers.
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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
Forum will conclude the official visit of the
UN Special Rapporteur on Adequate Housing,
Rachel Rolnick.
During her visit to the United States,
Special Rapporteur Rolnick will make visits
to Los Angeles, Seattle, New Orleans,
Chicago, New York, and Wilkes-Barre,
Pennsylvania. The National Forum will be part
of her official visit to DC, and will take
place Sunday, November 8-Monday, November
9, 2009. As part of the Forum, Rachel
Rolnick will host a special opening session.
The Forum will be an opportunity for groups
from around the United States to participate
and to give testimony.
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.
Please contact Tiffany Garner at the National
Economic and Social Rights Initiative,
tiffany@nesri.org if you want to participate
in one of the city visits. Please contact
Eric Tars at NLCHP, etars@nlchp.org to
participate in the DC National Forum.
Updates and registration information will be
available soon on our Forum
website.

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One Week Left to Buy Your Ticket for the 2009 McKinney-Vento Awards |
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NLCHP's Annual McKinney-Vento Awards
reception and dinner will be held at 6:30PM
on Thursday, September 24, 2009 at the
L'Enfant Plaza Hotel. Individual tickets are
$225. Please contact Jessica Libbey at
jlibbey@nlchp.org or 202-638-2535 x220, or
visit our website
for more information.
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Webinar for Lenders on Protecting Tenants at Foreclosure Act |
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On Tuesday, September 22, at 2:00
p.m., Eastern Time, the National Housing
Law Project (NHLP), the National Low Income
Housing Coalition (NLIHC) and the National
Law Center on Homelessness and Poverty
(NLCHP) will host their second Protecting
Tenants at Foreclosure Act webinar.
This webinar, while open to all who are
interested, is designed to assist the lending
and servicing community.
Presenters will include representatives from:
- Office of the Comptroller of the Currency
(OCC),
- Fannie Mae,
- Freddie Mac,
- NLCHP,
- NLIHC, and
- NHLP.
The presenters will discuss the background,
substance and implications of the law and how
Fannie Mae and Freddie Mac are implementing
the law. They will share their insights into
the federal regulators' responses, the
process of managing rental properties when
existing occupants remain in properties after
foreclosure, and other issues.
The Protecting Tenants at Foreclosure Act of
2009, signed into law on May 20, 2009,
requires that all persons or entities that
take title to residential property at
foreclosure honor leases of existing bona
fide tenants and forbids requiring such
tenants to leave the properties unless the
new owner has given at least 90 days notice
to vacate.
To register for this webinar
click
here.
For more information about registration,
contact Mark Antonio of the National Housing
Law Project at 510-251-9400 x. 3111 or
mantonio@nhlp.org.

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