The Controversial “Safety Net” (1981 to 2012)

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By Michael Stoops

Over the past several decades, the usage and connotation of the term ‘safety net’ has changed, but the need has only increased. The ‘safety net’ encompasses various programs, such as Medicaid for children and families, Medicare for the elderly, Food Stamp Programs and more. The National Coalition for the Homeless has always been in support of safety net services as vital resources for preventing and ending homelessness, and giving our neighbors the dignity to feed and care for themselves and their families. NCH’s support of the safety net is best illustrated through our newsletter, Safety Network, which was sent out from 1981 through 2006. Although the name for the newsletter was chosen based off former president Ronald Reagan’s quote on the safety net, the usage and attitude towards the safety net has undoubtedly transformed over the past few decades, as demonstrated by the quotes below.

When he announced his budget proposals Feb. 18, in an address to a joint session of Congress, President Reagan declared: ”We will continue to fulfill the obligations that spring from our national conscience. Those who through no fault of their own must depend on the rest of us, the poverty-stricken, the disabled, the elderly, all those with true need, can rest assured that the social safety net of programs they depend on are exempt from any cuts.”   President Ronald Reagan, February, 1981.

Former U.S.  Rep. Cynthia McKinney, Green Party Presidential Candidate 2008, at a Citizen’s Commission on 9/11, stated that “this time, not just for supporting me, but also for not being bamboozled into submission by questionable insider backroom characters who want to take away our freedoms, send our children off to war, and rip to shreds the social safety net for the American people.” September 2004.

President Barack Obama, during his senator years, said that “Privatization is not something that I would consider. And the reason is this: Social Security is the floor. That’s the baseline. Social Security is that safety net that can’t be frayed and that we shouldn’t put at risk.” July 2007

Ron Paul, Republican Presidential Nominee, is opposed to the safety net. He thinks that “it does work for some people, but overall it ultimately fails, because you spend more money than you have, and then you borrow to the hilt. Now we have to borrow $800 billion a year just to keep the safety net going. It’s going to collapse when the dollar collapses, you can’t even fight the war without this borrowing. And when the dollar collapses, you can’t take care of the elderly of today. They’re losing ground. Their cost of living is going up about 10%, even though the government denies it, we give them a 2% cost of living increase.”  Newsweek interview by Howard Fineman, December 2007.

“For people who have for been putting their hard-earned money into the system for years, the president’s idea would replace their safety net with a risky gamble with no assurance of a stable return of investment.” – U.S. Rep. Grace Napolitano  for California’s 38th congressional district March 2009.

 “I understand that during this financial crisis, when countless numbers of our family members, neighbors, colleagues, and friends have seen their retirement savings disappear, the safety net of Social Security is more important than ever. The Congressional Budget Office has estimated that next year, for the first time since 1975, beneficiaries will not get a cost of living adjustment. I support emergency measures to ensure that beneficiaries receive a cost of living increase, ensuring that social security’s promises are kept. As Senator, I will fight to keep the promise of Social Security and preserve it for future generations. I am committed to ensuring that benefits are not reduced, and that those paying into the system now will be guaranteed their benefits later.”  -Martha Cloakey, Democratic nominee from MA for special election in the Senate and current Attorney General of MA, December 2009.

“Democrats know that the simple math of health care will eventually shred the social safety net they seek to protect.’” National Republican Congressional Committee (NRCC), Washington Post, June 2011.

California U.S. Rep. Barbara Lee, former chairwoman of the Progressive Caucus, said she has faith in Obama’s ability to cut a fair deal, but when asked about potential cuts to Medicaid, Lee said, “No, you can’t cut that.” “That’s a safety net, really,” Lee told POLITICO.  – U.S. Rep. Barbara Lee, U.S. Representative for California’s 9th congressional district, June 2011.

“Social Security is America’s social safety net for the elderly and disabled. The program was enacted in 1935 in the midst of the Great Depression as part of the New Deal. While it initially sparked controversy, it has over seven decades proved to be a success, providing needed benefits to millions of Americans in need and serving as a source of retirement income for America’s middle class.” – Republican Texas Governor Rick Perry’s Proposal to turn Social Security over to the States, from White Paper, September 2011.

“I’m not concerned about the very poor. We have a safety net there,” Romney told CNN. “If it needs repair, I’ll fix it. I’m not concerned about the very rich, they’re doing just fine. I’m concerned about the very heart of the America, the 90 percent, 95 percent of Americans who right now are struggling.” Republican Presidential Candidate Mitt Romney, January 2012

“What the poor need is a trampoline so they can spring up, so I am for replacing the safety net with a trampoline.” – Republican Presidential Candidate Newt Gingrich, February 2012.

Republican U.S. Rep. Allen West (FL) is disturbed that food stamps buy much more than food these days.  “I happened to drive by a gas station in Pompano Beach, Fla., in the heart of Congressional District 22, the district I represent.  In front of the gas station were large banners proclaiming, ‘We accept EBT SNAP cards.’  This is not something we should be proud to promote,” the Florida Republican said.  “Now we see a growing number of businesses in this country, including sit-down and fast food restaurants, standalone and gas station convenience markets, and even pharmacies eager to accept SNAP benefits, Rep. West observed.  “The measure of success for our social safety net programs should be that fewer and fewer Americans must rely on them, not more and more,” he added.  – Washington Times April 2012.

While Occupy movements across the country have been forced to relocate from parks and have become less visible to communities and the media, many Occupiers have been finding creative ways to use their protests to assist community members who are un-housed or at risk of losing their homes.  In December, we asked that the Occupy movement remember the lowest 1%, and we’re seeing the response:

After an April 1st march to preserve the civil rights of people experiencing homelessness, Occupy San Francisco occupied a vacant building, calling for more housing and resources for people in the city without homes.

With so many cities having already passed, or currently considering, legislation to limit the ability of people who are homeless to sleep in public areas, Occupy Nashville held a “sleep-in” to protest an anti-camping law that had been signed by the Tennessee governor in March.

And finally, foreclosures are continuing at an alarming rate.  Occupy Our Homes recently assisted a District of Columbia resident in preventing her eviction.

As our Executive Director Neil Donovan said in a “Traveling with Neil” video recently, homelessness cannot be solved by targeting sub-populations. However, they may provide volunteers, spectators, and politicians with a multidimensional view or homelessness beyond what stigmas or preconceived notions exist.

All sub-populations of people who become homeless experience the same needs: affordable housing, living wages, and proper protection of their civil rights. This goes for homeless youth, especially. According to the National Center on Family Homelessness’ 2011 Report “America’s Youngest Outcasts,” the population of homeless children has increased by over a third since 2007, with the hardest hit areas being the rural South and California.

It’s no question that families are the fastest growing segment of the homeless population, especially since the recession. Along with family and all other growing kinds of homelessness, where does “youth” fit in?

Many educational statutes define a ‘child’ as being under the age of 18. Many children become homeless with their families. But another large group of under-18-year-olds find themselves homeless and with no family support.

Luckily there are many shelters and safe housing programs that do great work to ameliorate homelessness, although many define “youth” differently. Many youth shelters across the country, such as Aarti Hotel and El Rescate, can only hold youth until 24. The Homeless Youth Coalition classifies youth to a lesser range of 18-23 years old.  First Steps for Youth helps an even small youth range: 16-18 years old, including minors.

Still, after the age of 18, legal adulthood, a homeless person is still homeless. So where does youth end? Better yet, when does youth homelessness end?

I think those are the wrong questions. The right question is where does homelessness end? For a 17 year old,  we can combat homelessness by keeping them in school, giving them the resources to learning trade, helping them find and keep a job that pays a living wage, and making housing—both urban and rural—affordable. These are the same things that contributed to the 12% drop in homeless veterans last year. Why? Because they are proven to work for everybody.

Homelessness has many faces, and the youth of America are unfortunately among them. The good news is no new plans need to be drawn up specifically for the youth. We can still bring America home with housing justice, economic justice, and health care justice –by fulfilling the NCH mission statement:

To prevent and end homelessness while ensuring the immediate needs of those experiencing homelessness are met and their civil rights protected.

-Jose Morales, NCH Spring 2012 Intern

A couple weeks ago we shared with you the stories of our current interns, who in their words described why they chose to work at the National Coalition for the Homeless.  Today, we share the below post from a past intern on how his experience with NCH shaped his professional career.

“It was 16 years ago that I came to the National Coalition for the Homeless as an intern from DePauw University.  At that time, I already had a little exposure to homelessness and poverty issues as a result of some of my coursework and as a volunteer at the Center for the Homeless in South Bend, IN. However, I had no idea what a lasting impact that spring and summer at NCH would have on me.

At NCH, I was surrounded by a wonderful and dedicated group of advocates, including staff, volunteers, and other interns from across the country.  It is an understatement to say that it was an inspiring group to be a part of.  Everyone exhibited a confidence that things could be different, that seemingly unsolvable problems could be addressed, and that we could achieve a fairer system for all, even in the face of what seemed to be insurmountable hurdles.  It was always uplifting to be in an environment with people pushing for big change.

As an intern, I got a glimpse of the policy work being done to address the needs of homeless individuals.  This was a new experience for me.  It was the abstract, “back-office” work that I wasn’t exposed to as a direct service volunteer.  And it was a needed and important reminder to me of how little attention is given to issues affecting poor people by our elected officials.

I really believe my work with NCH has influenced my career decisions. While I haven’t focused on homelessness or housing issues, I have continued to be involved in social justice issues and poor people’s issues as a criminal defense attorney representing people who cannot afford an attorney.  I currently work at the Innocence Project representing individuals in prison who have maintained their innocence and who are seeking to prove that they were wrongfully convicted. Without a doubt, my experiences at NCH solidified my path in public interest law.”

By Jason Kreag
Staff Attorney
The Innocence Project

WASHINGTON – U.S. District Court Chief Judge “Ted” Stewart of the Utah District Court struck down a law that limited panhandling or public begging. Families and individuals who live in persistent poverty often turn to panhandling as a way of scraping together badly needed cash (the average American panhandler earns $30 for a three hour shift). Recently, instances of “aggressive-panhandling” have prompted some local Ute’s to take action to protect their public interest. Chief Justice Steward pushed back stating:

“The court does not dispute that the state has a legitimate and important interest in regulating conduct that occurs on busy roadways, and it may do so as long as the legislation is written so as to avoid infringing on constitutionally protected rights. However, it may not do so through sweeping statutes that regulate conduct unrelated to the government interest,” (Wilkinson et al. v Utah)

Efforts to restrict the poor have a long history, both locally and nationwide. But, specific efforts to criminalize panhandling have been under particular scrutiny just in the past year. Some examples include:

  • In Royal Oaks, Michigan, the ACLU appealed to mayor and city commissioners, calling for a repeal of the 2011 ordinance that bands panhandling in all public places. They cited the lower court’s authority that protected panhandling even if it’s uncomfortable for those being asked to give to the panhandler [Coast v. City of Cincinnati 402 US 611, 61(1971)]

Panhandling was specifically protected by the lower court on the following grounds:

  1. First Amendment speech [Loper v. NYC Police Department 999 F. 2d 699 (2d Cir. 1993), Benefit v. City of Cambridge 679 N.E.2d 184 (Mass.’97)]
  2. Broad application of content speech (Logsdon v Hains 492 F.3d 334,336)
  3. Failing to prove the state’s interest to curb charitable donations or solicitations on public ground [Blair v. Shanahan, 775 F. Supp. 1315 (N.D. Cal. 1991), Ledford v State, 652 So.2d 1254 (FL/Dist.Ct.App.’95)]

Subsequently, the Royal Oaks ordinance has been repealed and replaced with a prohibition on “aggressive” panhandling.

  • ARIZONA V. BOEHLER – On September 13, 2011, a state appeals court unanimously ruled in Arizona v. Boehler that a 2003 amendment to a Phoenix anti-panhandling law was unconstitutional under the First Amendment and strict scrutiny. The law “was not narrowly drawn because it applied to many forms of peaceful solicitations that did not threaten, intimidate or harass others. The law could apply to someone politely asking for cash contributions to a political campaign or a church volunteer asking for donations to the church,” according to the opinion. “Our constitution does not permit government to restrict speech in a public forum merely because the speech may make listeners uncomfortable.”
  • In the New Orleans French Quarter, the community passed a local anti-panhandling law, stating that it wrote the law “after similar laws in other cities and is designed to withstand possible challenges that it violates the First Amendment.”

The language of the 2011 law prohibits soliciting “in or near parks, playgrounds, banks, ATMs, bars, liquor stores, convenience stores and gas stations — or within 20 feet of an intersection or marked crosswalk, to people in parked or stopped vehicles, or to people standing in lines.” Although unstated in the laws review (article) The New Orleans prohibitions are similar to Royal Oaks prohibitions, in that they applied to public places and the regulation of speech in said area..

  • Johnston County, North Carolina approved panhandling regulations just two weeks ago. The county now requires solicitors to register for a permit to ask for money. Officials sated, “They’ll have to show a photo ID and pass a criminal background check. Upon appeal by the ACLU on the grounds that several provisions were unconstitutional, commissioners dropped all requirements that panhandlers renew their permits or pay a $20 fee each month.

Neighboring Wake and Raleigh counties also began regulating panhandling, with the ACLU describing the measures as near criminalization. ACLU legal director Katy Parker said, “Panhandlers rarely possess a photo ID, which is a requirement for the permits in Raleigh, Wake County and Johnston County,” Further complicating matters for those who wish to file for public solicitation, permits purchased in Wake County must be renewed weekly. The Johnston county law is thought to only apply to public solicitors only, creating the same or similar scenario similar as seen in Arizona v. Boehler and Wilkinson v. Utah.

By Jose Morales, American University ’13

This year’s National AmeriCorps Week, March 10 – 18, is an opportunity for AmeriCorps members, alums, grantees, program partners and friends to demonstrate impact on critical issues, bring more Americans into service, and thank the community partners who make AmeriCorps possible. AmeriCorps Week shines a light on the more than 80,000 members currently serving in communities across the country – individuals who are effectively serving and meeting critical needs in our country’s communities.

I am one of these proud 80,000 AmeriCorps members! I started with AmeriCorps*VISTA in the summer 0f 2009. So far the experience has taken me to rebuilding homes in the bayous of Louisiana, teaching lessons in the inner city classrooms of Washington, D.C., and now serving as a VISTA Project Leader for the vast reaching five state and counting VISTA program here at the National Coalition for the Homeless (NCH). The experience, connections, and knowledge I have gained from serving are already helping guide and shape my future.

Brian being sworn in to his 3rd year of VISTA

In this, my third year of AmeriCorps*VISTA I have learned what it means to really be an advocate for a community. I have grown a lot in the few short months I have worked with NCH. Being apart of a great VISTA network allows for me to be inspired by the work of other members daily whether it is a speakers bureau reaching a group of students for the first time, LGBTQ outreach to those who need services desperately, or to see veterans stand downs where literally hundreds of our nation’s patriots get the help and respect they deserve. The work that our members are doing is truly incredible and uplifting.

The National Coalition for the Homeless is the oldest and largest homeless advocacy organization in the country.  Through their stewardship they have administered the largest AmeriCorps*VISTA project for the homeless in the country. Two out of three staff members at the coalition are past VISTA members themselves and NCH has partnered with VISTA for the past fourteen years. NCH believes in the leadership potential of these individuals and has supported them both as an organization and a strategy to continue to create change. During this year’s AmeriCorps Week, you can support NCH’s AmeriCorps*VISTA project today through the Crisis Hidden in Plain View campaign. The campaign is working to encourage outreach and engagement to families and individuals who are homeless or at-risk of becoming un-housed. Here is how you can give.

The value of AmeriCorps service has been felt in communities both large and small. Here at NCH we look forward to celebrating AmeriCorps Week with our service partners and volunteers and lifting up currently serving members and the hundreds of thousands of Alums – they are at the forefront of possibility for community change.

In Service,
Brian Parks
AmeriCorps*VISTA Leader
Washington, DC

“Homeless Hotspots” – is this marketing campaign a friend or foe to un-housed folks? NCH has been getting a lot of requests-for-comment.  As a membership organization that advocates with (not for) homeless individuals, we depend, rely and are primarily informed by the opinions of people who are homeless. So, we asked our members for their feedback and this is what we heard.

NCH believes it should focus its time and attention on the three primary causes and solutions to America’s homelessness: affordable housing, living wage jobs and accessible healthcare. So, we asked if this was a relevant issue for us to be discussing. The response was clearly a “yes”. No matter how you feel about the issue of “Homeless Hotspots”, it’s a conversation about jobs.

Next, we asked if this was a living wage job. The general agreement was “no”. But, when we asked folks who had done similar types of “jobs”, they said that they took the work knowing how much it paid and that it was temporary. Some people used the experience just get a little spending money and others thought it might help them to get a little work experience before taking on a more permanent job. People compared it to selling streets newspapers. One “Homeless Hotspot” worker described his pay as $20 per day and $2 for each person he could get to use the serve. It worked out to about $8 an hour. So for most folks we asked, it seemed to pay close to a living wage.

Lastly, we asked if jobs like the “Homeless Hotspot” job treated homeless people as less than human, or like an object and not like a person. The responses were clear and consistent. Most people felt that being homeless in America can be, and often times is, a dehumanizing experience. Being homeless means being ignored or treated like “something” unwanted. The “Homeless Hotspot” gave folks on the streets a reason for people to talk to them.

So, NCH’s comment is that we need a lot more affordable housing, many more jobs that pay a living wage, and improved access to healthcare. Unless and until then, we’re going to have homelessness in America. “Homeless Hotspots” isn’t the answer, but it’s not the problem either. If we want to get mad, and NCH thinks we all should, let’s get mad for the right reasons and at the right people. If we’re going to end homelessness, we’re going to need much more funding and lots more new and innovative ideas.

Thanks again to all our members for making us a better organization, and thanks for your support in Bringing America Home!

NCH has the honor of working with so many talented interns each semester, read below examples of why they volunteer their time:

Sundal Ali, George Washington University ‘15

As a child, homelessness was not apparent to me. I grew up in Carrollton, TX, a small city a half hour outside downtown Dallas, where many of the social welfare issues were obscure and hidden. As a result, I came to Washington, DC with a sheltered perspective of the world. Homelessness was, and still is, running rampant in the streets of DC, home to the nation’s capital. During the day, the White House is a tourist attraction, crowded with tourists and workers but at night, the benches in front of the White House become coveted living spaces for the homeless.

For decades this grave social injustice has flourished on the streets of one of the strongest and most powerful nations in the world, and even now, not enough is being done to ensure housing for all of America’s citizens. How is it, that a nation with abundant weapons in its arsenal, enough funds in its pockets and an overwhelming number of people in its bureaucracy, cannot solve this crisis?

This paradox triggered action.

After attending a Faces of Homelessness Speakers’ Bureau panel, I was secure in my decision to apply to be an intern at the National Coalition for the Homeless. Working at NCH has shattered my sheltered perspective of our world, in a beneficial way. Because of my internship at NCH, I am more attuned to social crises, more aware of growing national concerns and most importantly, a more passionate advocate for the homeless. I am in a position where I can aid in protecting and promoting NCH’s goal to ensure the human right to housing and shelter. Devoting my time to help prevent returning veterans from Iraq or Afghanistan from becoming homeless, to help prevent more children experiencing homelessness at such a young age, to help prevent the criminalization of homeless people—  all of this, makes my time as an intern at NCH worthwhile. NCH has been working vigorously for decades to establish and protect every individual’s right to housing and shelter and I am privileged to be a part of their team to help accomplish their goal of Bringing America Home.

Jose Morales, American University ’13

I was born and raised in Bronx for ten years. Living in the New York metropolitan area exposes you to how deep the homeless crisis really is. I couldn’t go more than a block without seeing another person without a home, living off the sidewalk and any spare change. When I moved to Washington, DC two years ago to attend American University, I saw more of the same, even in neighborhoods considered the “nice” part of the District.  I was lucky enough to get out of the city ten years ago and into a permanent home, which helped me do really well in school and prepare myself for college.

Ever since the economic downturn, it’s been impossible to avoid the effects of homelessness in any major city. And I know that we can do more as citizens to help. So much of this nation’s homeless population is not comprise of the drug dealers or mentally ill, but children, students, and hard-working Americans who haven’t had a fair shake at life. I’m a junior in college now, and I truly believe that that is not better time than the present to stand up against the criminalization of homeless and poverty. I see no reason why young people from all sides of the political and socioeconomic spectrum can’t come together and put forward sensible protections for civil rights, fiscally responsible affordable housing policy, and better education of what homelessness really is outside of Hollywood’s depictions.

It’s time for my generation to stop complaining about the problems we will have to deal with. It’s time to meet them and defeat them. Homelessness is one of these challenges.

The National Coalition for the Homeless is dedicated helping everyone—especially the students of my generation and the next—get back on their feet to fulfill their potential by getting them in permanent housing and then some. And they’ve done it before. Neil, Megan, and Michael have all helped to structure and display such an impressive non-profit that stays true to its mission in a climate that has become increasingly cynical.  It’s an honor to intern here for however long, even if just to say that I am a part of the solution.

Will Hernandez, Dartmouth ’14

I decided to volunteer my time with the National Coalition for the Homeless because homelessness is an issue that is easily ignored and forgotten in this country.  This seems almost unimaginable with the recent foreclosure crisis and millions of people being homeless each year.  It is easy to ignore homeless people due to the common myth that all homeless people are in there situation due to their lack of hard-work or their bad economic decisions.

I hope to bring more awareness to this issue as well as develop a new perspective for those people who are in dire times and need any support we can muster.  I want to learn about the current homeless policies that are making a huge difference in their respective localities and learn why destructive policies are not very effective for the targeted population. So far, I have been able to research different events and programs produced by different advocacy groups and critically analyze how these events benefit the homeless populations.

As a future hopeful for a Congressional seat, I know that working with the homeless and the National Coalition will provide me with great insights on how to deal with large epidemics that are great hurting America and more importantly, to listen and learn directly from those people who are suffering the most.

Thank you to Sundal, Jose, Will (and Tessa!) for their great work this semester, and for being a part of Bringing America Home!

Homelessness is quickly becoming America’s “forgotten tragedy”. All around us, we are encountering historic levels of economic hardship, childhood hunger, terminal illness, domestic violence, disabled veterans’ languishing on the streets, as well as a rising tide of lethal hate crimes. But we can make a difference.

The National Coalition for the Homeless is proud to announce a new campaign, Crisis Hidden in Plain View, a campaign to encourage outreach and engagement to families and individuals who are homeless or at-risk of becoming un-housed.  Watch the video.

We need your help today!

NCH is working each day to prevent and end homelessness, while ensuring that the needs of those experiencing homelessness are met. We do this by…

  • Bringing America Home. Ending homelessness is a national problem with local solutions: NCH’s is ending homelessness by creating affordable housing; growing living wage jobs; improving access to affordable healthcare; and, protecting civil rights.
  • Protecting the Human Right to Shelter & Housing. Everyone deserves a place to call home. NCH is working to establish and preserve the human right to shelter & housing.
  • Helping Hands. Homeless families and individuals can use support: NCH has placed 60 VISTA volunteers in 24 sites across 6 states, giving people in need a helping hand.
  • Keeping an Eye on Justice. Poverty is not a crime: NCH is protecting workers rights in the courts and in the field and making certain that homelessness can’t be criminalized.
  • Speaking Truth to Power. NCH issues twelve annual reports with in-depth analysis and reviews on housing, healthcare, jobs & benefit income and civil rights.
  • Protecting Voting Rights: Homelessness can feel dehumanizing. NCH is fighting for the right and ability to vote by registering 25,0000 voters living in persistent poverty.
  • Sharing Our Stories: The homeless experience is best told in the first person; NCH’s Speakers Bureau is dozens of speakers, 100’s of thousands listeners, and 30 bureaus.
  • Grassroots Organizing: Homelessness is not community-less. NCH brings homeless stakeholders together to organize, act in their own self-interest and create durable power for many tomorrows.

Your donation today will be matched dollar-for-dollar through a time-limited $30,000 matching contribution.

Contributions to housing the homeless have never been more necessary, and investments today have never more effective. NCH is Bringing America Home and we need your support now.

HMIS Action Alert
(published January 25, 2012)

HUD must only and always report the truth to Congress on Homelessness. Take action now! HUD is accepting comments on final HMIS rules until February 7, 2012. The rules will determine how & when homeless people will be counted, privacy rights, funding levels for local shelters and services. HUD needs to hear from YOU & all local communities. We must balance the needs of the social service community with the rights of those seeking help.

What is the issue?
HUD is seeking comments on the rules for collecting information from homeless individuals at the shelters and aggregating that information to deliver statistics to Congress. Comments due to HUD by February 7, 2012.

Why should you respond?
The final rules will determine the privacy rights for those seeking help. The numbers collected and the outcomes could determine the funding levels for local shelters. The experiences with HMIS at the  local level are important.

What are possible outcomes?
HMIS can be costly to implement locally. A goal of HMIS is to balance the needs of the social service community with the rights of those seeking support. Overall, HMIS should provoke greater incite into solving homelessness.

To respond to the new proposed rules:
Send Comments using the federal eRulemaking Website: http://www.regulations.gov

Docket Number FR-5475-P-01 Title: Homeless Management Information Systems Requirements

Save a copy of the body of your comments and send them to info@nationalhomeless.org for our records at the National Coalition for the Homeless.

Background:
Please use this outline as a basis for submitting comments to HUD regarding the proposed rules for HMIS that were released in  December. It is important to add your local statistics, experiences, and examples to augment this list.

Comments are due to HUD by February 7, 2012 and can be submitted to www.regulations.gov by using the docket
and title of the proposed rules. The National Coalition is urging local advocates, social service providers and those experiencing homelessness to submit comments on these new rules. We believe that HMIS can be a huge burden on a small non-profit trying to provide services to those struggling with their housing, but can have great rewards in coordinating services, reducing paperwork, and providing high quality referrals to those experiencing homelessness.

Here are some comments that you can use in submitting a response to these rules. We urge you to include local activities and examples to support these comments. We believe that HUD officials will listen to local caretakers of the homeless population and your concerns over HMIS.

Comments Regarding HMIS
(Our local group) has accepted the use of HMIS to improve the delivery of services to those experiencing homelessness, but we do not support the use of HMIS as a system to report the extent of homelessness to Congress. We have seen that the statistics are often mistaken for a count of the total number of people homeless in a city or county. No matter how many qualifiers are included in the national Annual Homeless Assessment Report, both elected officials and the media mismanage the data as a complete count of homelessness. There is such wide disparity in how this data is collected that there is no way to compare among service provider and certainly between
cities this case management data. We believe that a voluntary case management system would be worthwhile to collect data, but a mandatory system that attempts to collect an unduplicated count is nearly impossible in such a fractured system.

In a period of tightening budgets and federal cuts, we believe that these resources could be redirected to basic human services or housing assistance instead of the administrative services of counting people. We see the value of one electronic case management system overseen by HUD used by every social service provider in a community. If the eventual goal is to arrive at the number of homeless people in a city or state as stated by Congress, we believe that HUD would receive much better information by funding local experts to conduct a census in representative cities. We believe that local universities or foundations in various size representative cities, suburbs, and rural jurisdictions could develop an accurate estimate of the number of homeless people and then they could use that data to extrapolate a national estimate of homelessness.

That being said we do have concerns about the proposed rules that were released in December 2011.

  1. It should be made clear that there is not a minimum participation rate by clients for the social service provider. The user who is experiencing a housing emergency and refuses to enter data should not result in a penalty or an issue with the performance standards for the local social service provider. [It would be good
    to add a local example of this issue from your community]. If a user refuses to enter their social security number or other personal identifying information that should not result in a reduction in public support or a sanction for the social service provider. The shelter or meal program should be held harmless if their clients decide to withhold personal required in the HMIS database.
  2. We believe that the security standards should emphatically and unequivocally state that law enforcement agencies should not have access to personal identifying information contained within the HMIS data without a warrant signed by a member of the judicial branch of government. We understand that some  communities have the local sheriff maintains the HMIS data.
  3. We believe that the requirement for every publicly funded homeless service provider contribute data to a central management system is an unfunded mandate from the federal government. There should be dedicated resources separate from the Emergency Solutions Grant or Continuum funding to implement this project. [It would be good to add local information on the number of staff dedicated strictly to entering data at your
    facility.]
  4. We believe that there are a number of state privacy laws that make it difficult for local agencies to submit data under these proposed rules. [Many states have strict controls over the use of social security numbers when accessing government services, which could present a conflict for the local provider who also receives federal continuum funding. If you know that this is the case in your state, please site specific local or state law.]
  5. We believe that the HMIS security standards should be subject to HUD oversight and public comment. The security standards, local policies and procedures and grievance process should be posted on an easily accessible publicly available website. Those experiencing homelessness should be able to submit comment
    and have those comments responded to by the local HMIS Lead in an easy and accessible manner.
  6. There are no protections for clients outlined for improper usage or improper release of data especially privacy violations by an HMIS Lead organization. We believe that if there is a break down in privacy at the local level and the policies and procedures break down there should be a way for an individual seeking assistance or currently utilizing a Continuum funded program to file a grievance with a government agency with regard to HMIS. In addition, with the exchange of data among local providers and the transient nature of the population, it is often difficult for a person experiencing homelessness to determine where a security
    breach originated. We believe that a government agency should be the final arbiter of a complaint especially if there are repeated problems with the protection of privacy at the local level. This is especially important if the HMIS Lead organizations are also permitted to be collectors of personal and private client data as service providers as well.
  7. Since this data is being used by the public and Congress for planning and local decision making on the proper allocation of resources, there should be a way for advocates or the public to challenge the data’s accuracy. There should be a way for the HUD to accept challenges to the unduplicated numbers submitted
    as either a significant undercount or an over-count of the actual number of homeless people in a community as is policy for the US Census. These comments should be included with the release of the Annual Homeless Assessment Report.