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How do you build a movement?
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News and Commentary for April 2010 |
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| Lawyers Working to End Homelessness |
Vol. 9, No. 4 |
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From Maria's Desk |
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Communication + Participation =
Impact
This month the Law Center launches our new blog,
part of a strategy to increase our
communication,
especially on line. Why? We want to engage
as many
people as possible in our work to end and
prevent homelessness in America. The more
people we engage,
and the
more we all work together, the bigger the impact.
Public opinion surveys show that the public
wants to
help-and wants government to act. A national Gallup survey conducted in 2007
for
Fannie Mae found that
58% of the public feels the nation is doing a
poor job
addressing homelessness-and that much more
effort is needed. Moreover, 87% were willing
to donate
to organizations working to address
homelessness,
and 54% would be willing to pay higher taxes
to fund
programs to help. What's more, according to
a national
survey by the Opportunity
Agenda,
also in 2007, 77% of Americans
believe that housing is a human right, and 51% hold this
belief "strongly."
Given this level of support, why isn't
government more
responsive? I think it's because while people
care,
and want government to act, that doesn't always
translate into specific advocacy demands on
government. Yet that advocacy is exactly what we
need: It will make our own advocacy more
effective
and our collective voices more powerful.
Through our new blog-and
our facebook
page, our twitter
account and our Wiki, we'll be working
extra
hard to keep you up to date on the most current
happenings and advocacy-and how YOU
can make a difference!
One way you can get involved - contact your
representative and
ask them to co-sponsor
H.Res 582 to recognize the right to housing
for all children & their families! See below
for more details.

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Ensuring Fair Housing |
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In response to a request from the Fair
Housing Justice Center in New York City, the
Law Center submitted an amicus (friend of the
court) letter to support a formerly homeless
man's request that the Department of Housing
and Urban Development (HUD) reconsider its
decision concerning his fair housing
complaint. The Law Center became involved in
this individual matter because HUD's
interpretation and application of the Fair
Housing Act in this case could have far
reaching implications for discrimination
complaints filed by homeless or formerly
homeless people with a history of alcoholism.
Under its Fair Housing programs, HUD
investigates and resolves housing
discrimination complaints under the Fair
Housing laws. This individual had applied for
housing, but was denied admission because he
had a record of alcoholism and could not show
that he met the provider's requirement that
applicants demonstrate six months of sobriety
prior to admission. The Fair Housing Justice
Center had filed a complaint with HUD
claiming that the provider had violated the
Fair
Housing Act by discriminating against its
client based upon his disability.
HUD determined that there was no reason to
believe discrimination had occurred, finding
that the man had not established that he is a
person with a disability, and therefore the
admission standards did not violate federal
law. However, case law clearly supports the
contention that a history of alcoholism is a
covered disability under the Fair Housing
Act. For that reason, before rejecting him,
the landlord should have made an
individualized assessment as to whether he
should be denied admission to housing.

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Another Victory for Homeless Students |
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Earlier this month, the Law Center celebrated
another
big victory in Pennsylvania when a
homeless student who had missed more than
five months of school after being illegally
disenrolled by his district was able to
return to classes.
A U.S. District Court judge granted a
preliminary injunction ordering the student's
school district to immediately re-enroll
L.R., whose family became homeless last year
when their home was destroyed by a fire.
Prior to being disenrolled without
explanation, the student, who has special
education needs, had attended school in the
district since kindergarten.
Under the McKinney-Vento Act, enacted in
1987, even if a school district disagrees
with a family as to whether the child has a
right to attend their school, that child has
the right to stay in the family's school of
choice pending full resolution of any
dispute. This provision was ignored by the
school district in this case until the
court's recent order.
The Law Center, in partnership with the
Education Law Center-PA, filed a lawsuit in
March urging the court to direct the district
to re-enroll L.R. in its schools in
accordance with the McKinney-Vento Act. By
granting a preliminary injunction and
ordering the district to immediately enroll
L.R., the court found that L.R. would suffer
"irreparable harm" in the absence of school
stability.
Eric Tars, children and youth attorney at the
Law Center, explained, "The language of the
law is quite clear, but this is the first
judicial opinion confirming Congress' intent
that homeless students need to be enrolled
pending a dispute. This is tremendously
important, because we've seen schools across
the country leaving students unschooled for
months. This ruling lets them know this
practice won't be tolerated."

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Annual Report Released |
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The Law Center is excited to announce the
release of its 2009 annual report. We welcome
you to take a look at what we were able to
accomplish with the help of our magnificent
donors and partners last year. Check
it out here, and feel free to share it
with other friends, advocates, and partners.
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Children's Right to Housing |
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Congresswoman Maxine Waters (D-35th CA), a
long-time champion of housing rights for people
experiencing poverty, has actively begun to
seek co-
sponsors and support for House Resolution 582,
which expresses the sense of the House of
Representatives that children in the United
States
have a right to adequate housing. The
resolution calls
attention to the plight of thousands of
children and
families in the United States who lack the basic
resources of shelter and security that stable
housing
provide. An estimated 1.5 million children
are homeless in the U.S. each year. The Law
Center is launching a campaign to support
and pass the resolution--please act NOW! Call
your Congressional representative and ask
them to cosponsor H. Res. 582.
You can find a summary of the bill and
talking points
to support it here. Call
your representative
today and
ask him or her to co- sponsor H. Res. 582.
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Food Sharing Restrictions |
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As our country continues to suffer the
effects of the
economic downturn, many cities lack adequate
shelter or food to meet the needs of the growing
number of individuals and families who are
homeless. Unfortunately, the increase in
homelessness has coincided with a disturbing
national trend to criminalize homelessness
through
measures ranging from anti-camping laws to food
sharing restrictions.
The Law Center and the National Coalition for
the Homeless published
a report in 2007 outlining types of food
sharing restrictions, such as ordinances
and policies that discourage or prohibit
individuals from sharing food with people
experiencing homelessness. The report also
highlights constructive alternatives to food
sharing restrictions, profiling cities that
have explored innovative ways to facilitate
food sharing outside the boundaries of food
pantries and soup kitchens.
Where does your community fall on this
spectrum? As we update Feeding
Intolerance: Prohibitions on Sharing Food
with People Experiencing Homelessness, we
are looking for stories to include about your
city. Please send information about any
proposed or enacted ordinances that
criminalize food sharing or positive ways in
which your community or another is
facilitating food sharing to sshubitowski@nlchp.org.
Please send examples even if you think we
might already know about them. Deadline for
getting the information to us: Friday, April
30th.

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Costs of First-Time Homelessness |
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The cost of providing
housing and services to individuals and
families experiencing
homelessness for the first time can vary
tremendously.
Costs can extend from $581 for an
individual's stay in
Des Moines, Iowa to as much as $3,530 for a
family's
monthly stay in Washington, D.C. Recently,
the U.S.
Department of Housing and Urban Development
released a study examining costs associated with
first-time homeless families and individuals.
HUD's cost study, "Costs Associated with
First-Time Homelessness for Families and
Individuals", examines how much it costs
to house
and serve homeless individuals and families
across
six sites for emergency shelter, transitional
housing,
and permanent supportive housing. The report
studies costs of first-time homeless
individuals in Des
Moines, IA; Houston, TX; and Jacksonville,
FL. In addition, HUD observed costs of
first-time
family homelessness in Washington, D.C.;
Houston,
TX; Kalamazoo, MI; and upstate South
Carolina.
Across the six areas, the study identifies
that most
first-time individuals and families experience
homelessness only once or twice and use
emergency
shelter for a limited period of time at
fairly low costs.
The few that experience longer stays,
generally in
transitional housing, experience very high
costs.
Overall, the study indicates that rental
vouchers are as cost effective--and in some
areas much more cost effective--than
temporary solutions such as shelter or
transitional housing.

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Seeking Nominations for Personal Achievement Award |
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The Law Center is seeking nominations for its
annual Personal Achievement Award, to be
presented
at the 2010 McKinney-Vento Awards ceremony. Each
year, the Personal Achievement Award honors a
formerly homeless individual for success in
overcoming adversity as well as his or her
continued
commitment to the issue of homelessness. The Law
Center will select a winner from among the
nominations and cover any travel expenses so
that the
honoree may attend the McKinney-Vento Awards
event.
Please consider nominating someone you know for
the Personal Achievement Award by emailing Jessica
Libbey. Please include a brief, one-page
description of your nominee, addressing the
ways he
or she meets the criteria listed here.
We look forward
to receiving your submissions.
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New Board Member: Sally Dworak-Fisher |
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Sally Dworak-Fisher joined the Public Justice
Center
in 2002, where she has worked on a variety of
projects, including class action litigation
to protect homeless children's education
rights and public education about homeless
students' rights. In the March/April issue of
the Clearinghouse Review, Ms.
Dworak-Fisher published an article entitled
"Educational Stability for Students Without
Homes: Realizing the Promise of McKinney-Vento."
Ms.
Dworak-Fisher has also
worked as a legal assistant at the Central
American
Refugee Center and as a high
school teacher. Prior to joining the Public
Justice Center, she
clerked for two different federal judges at
the Federal
District Court in Detroit, and practiced
immigration law at Ayuda, Inc.,
representing battered
immigrant women and persons seeking asylum from
persecution in their home countries.
Ms. Dworak-Fisher graduated with honors from
University of Michigan Law School in 1997. She
received a B.A. in Government with a
concentration in
International Relations from Cornell
University in
1989.
We are grateful for the knowledge and
experience Ms. Dworak-Fisher brings to the
Board, and look forward to working with her.

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