Criminalizing poverty during a public health crisis

By Annie Leomporra

Earlier this year, the Centers for Disease Control (CDC) came out with their recommendation on how to address homeless encampments during the COVID pandemic. The CDC statement read that

… if individual housing options are not available, allow people who are living in encampments to remain where they are. Encourage people living in encampments to increase space between people and provide hygiene resources in accordance with the Interim Guidance for People Experiencing Unsheltered Homelessness

Image by Western Regional Advocacy Project

For advocates and people experiencing homelessness, this was an exciting statement that spoke to what we all know to be the truth, that homelessness is a public health emergency and that sweeps exacerbate health risks for those living outdoors. The CDC recommended providing access to clean water, hand washing stations, bathrooms, and regular trash pick up for people living outdoors. We thought maybe this would be an opportunity for communities across this country to re-think encampment sweeps, and the criminalization of homelessness. For a little while, in many communities, that is what happened. 

Meanwhile, due to funding cuts and social distancing restrictions, massive congregate shelters had to downsize their occupancy. Some people got transferred to hotels/motels or other services while others went outdoors. Further, as the pandemic economic downturn started to cause real hardship, more folks were forced to seek emergency housing assistance. With shelters at capacity, more people were forced outdoors and after just a few short months, municipalities across this country resumed encampment sweeps, going against CDC guidelines. 

Encampment sweeps aren’t the only thing that continued, the criminalization of ‘quality of life crimes’ came back in full force. In Hawaii, the Civil Beat, reported that the city of Honolulu received $38 million in CARES Act, and the Honolulu Police Department received at least $16 million of that for overtime pay. This overtime pay is suppose to be used to enforce they current mayor’s pandemic rules, however those who were most cited happened to be people experiencing homelessness.

One man has been cited nearly 100 times since March for 199 supposedly pandemic related violations. He has also received 37 tickets for quality of life crimes. Once someone receives a citation they are required to appear in court. A missed court appearance can turn into a bench warrant and lead into an arrest. In citing people experiencing homelessness for little else than not having anywhere to quarantine or social distance, the city of Honolulu not only is being incredibly cruel, but it is creating a dangerous situation for health of the entire community. 

The National Coalition for the Homeless urges localities put into practice the CDC guidelines on unsheltered homeless, and protect this vulnerable population from unnecessary risk of COVID infection, especially as the weather turns cold. We also demand that cities and states end of the practice of criminalizing poverty and homelessness!

Thank you to all people who have experienced homelessness who took the time to make their vote count in the 2020 elections! Thank you also to the advocates who worked to ensure that voting was accessible to those experiencing housing instability. As our community relies on government-funded programs and services to provide critical needs, it is critical that we all make our voices heard, not just in elections, but in keeping our elected officials accountable to those most in need after being elected!

If you have a few minutes, please share with us what your experience was like voting this year, or in assisting others to register and cast their vote:

We are now only a matter of days away from the November 3rd general election. While registration deadlines have passed in many states, there are still places where you can register in person, and possibly even cast a provisional ballot on election day. There is lots coming out in the news about polling locations, voter suppression tactics, and last minute candidate education efforts. We wanted to be sure that people with unstable housing, and their advocates, have the latest information to ensure that all residents of the country can exercise their right to vote!

We are thrilled to share these state-by-state voting Know-Your-Rights cards that include information directed specifically towards voters who may not have a permanent address. 

While registration deadlines have passed in most states, you still have time to register, in person, in CO, DC, HI, ID, ME, MD, MI, MN, MT, NH, NM, NC, ND, UT, VT, WA, WI, WY; many of which allow same day registration on election day or during early voting periods. Click here to find the latest ID and address guidelines for registering to vote and casting a ballot in your state. You can also find more about mail-in ballot options here

There are reports from communities across the country that voters are being given misinformation in order to suppress or discount their votes. Our Know-Your-Rights cards list state and local election websites. If you are ever in doubt, or have questions about voting, your local government-run elections board or office can always help you out. We also encourage you to contact 1-866-OUR-VOTE, especially if you feel you are being wrongly turned away from voting at the polls. This a well respected and accessible hotline, staffed by lawyers who can directly assist you with casting your ballot. 

Read more about how communities are ensuring those with unstable housing are voting this year below, and Get Out the UnHoused Vote!

Articles:
How Do You Vote In Kansas City When You Don’t Have An Address?
Voting is a challenge for the homeless. Advocates are trying to make it easier.
Community leaders help people experiencing homelessness vote
Voting Is a Right. But for People Experiencing Homelessness, It’s Especially Difficult.

The National Coalition for the Homeless (NCH) celebrates the Supreme Court decision earlier this week that the 1964 Civil Rights Act protects gay, lesbian, and transgender employees from discrimination based on their sexual orientation or gender identity.  Young people who identify as gay, lesbian, bisexual, transgender or gender nonconforming, are 120% times more likely to experience homelessness than their cisgender and straight peers. This disparity is caused by mistreatment by family as well as institutions, and discrimination not just in employment, but also in access to housing, health care and education. 

“[This] ruling by the Supreme Court is a monumental victory for LGBTQ people across the United States. Discrimination in employment is a critical barrier to safe and secure housing for LGBTQ youth and adults,” says Gregory Lewis, CEO and Executive Director of True Colors United. “Discrimination against someone based on sexual orientation or gender identity is sex discrimination. This ruling makes clear that efforts underway at the Department of Housing and Urban Development to undercut protections for transgender people experiencing homelessness should not be allowed to continue under the law.”

NCH has long supported inclusive access for LGBTQ people to shelter and other emergency services. In 2003, along with the National Gay and Lesbian Task Force, we authored a guide for how shelters can make their agencies safe for people who identify as transgender. A ground-breaking survey of transgender Americans in 2015 found strong economic disparities for transgender people. Nearly one in three, (29%) of respondents were living in poverty versus 14% of the general population, and 30% reported having experienced homelessness at some point in their lifetime. As recently as 2016, HUD itself published guidance for shelters requiring that transgender residents are accepted to single-sex shelters based on their gender identity, without regard for what may appear on someone’s state identification. 

But after insensitive and discriminatory comments about transgender people made by Secretary Ben Carson, HUD has shown intention to roll back the 2016 guidance for shelters. A proposed rule will likely be published in the coming weeks that would allow single-sex shelters to judge gender by biology, and not by someone’s self identity.  

According to the Transgender Law Center, “This situation is particularly dangerous for transgender women who are inappropriately placed in men’s shelters where they often subjected to inhumane and degrading treatment and abuse, including sexual assault. While some transgender people will run the high risk of facing harassment and violence in a shelter that doesn’t match their gender identity just so that they can be housed for the night, others in this situation will simply forgo shelter and sleep on street.”

NCH firmly rejects any attempt to deny safe access to shelter or other resources for transgender and gender nonconforming people, especially transgender people of color, who disproportionately experience housing instability, discrimination and violence.

For more visit:
Info on Black Trans Advocacy Organizations
Lambda Legal
True Colors Fund

 

Our Nation and the World are fearful of the uncertainties of the COVID-19 pandemic, and our hearts go out to George Floyd, his loved ones and all of us who are hurting right now. The massive protests that are taking place across the globe, are revealing years of pent-up frustration with racism and inequality. The militarization of policing in the United States and the repeated acts of violence against people of color by the police, creates a combustible threat—one that strikes at the very foundations of our democracy.

NCH stands in solidarity with those in America who are not satisfied with a society that fails to denounce the structural racism that plagues our nation.  As many of us watched in horror as George Floyd was murdered right in front of our eyes, or Ahmaud Arbery, who was hunted down and murdered on video, or Breonna Taylor who was shot and killed in her own home, we are reminded of many more precious lives taken by the hands of law enforcement – those who are trusted to protect us.

Repeatedly, we hear anguished cries as one more black or brown person takes their last breath, too soon. We are reminded of the reality that until we address structural racism in this country, these horrendous images will continue as nightmares in a never-ending loop.

As we battle multiple crises, the COVID-19 pandemic, the senseless death of yet another black man at the hands of law enforcement, and an attack on our civil liberties, we pray for everyone’s safety and health. We must remain vigilant stewards in hopes of an America and World filled with peace, equality, and justice for all.

Donald Whitehead
Board President
National Coalition for the Homeless

The National Coalition for the Homeless applauds all the communities that are rushing to provide desperately needed housing for people who are unhoused, and especially vulnerable to contracting and succumbing to COVID-19. 

However, we are, quite frankly, disturbed that so many are still relying on congregate settings: big tents and open floor warehousing of people, in what is clearly a dire public health emergency for the entire country. In the hopes of relieving the strain on other overcrowded shelters, the San Diego government decided to open the convention center to the homeless population. They are expecting to house over 1,500 people during this crisis. San Francisco ignored early warnings from advocates and requests to place vulnerable folks in empty hotel rooms, and now residents and staff of shelters are falling ill. This is unacceptable. We are clearly failing to prevent the spread of COVID-19 in both sheltered, and unsheltered, populations, and in direct opposition to clear guidelines given by the CDC (Centers for Disease Control and Prevention). 

Researchers who have long studied homelessness have projected that homeless individuals infected by COVID-19 would be twice as likely to be hospitalized, two to four times as likely to require critical care, and two to three times as likely to die than the general population. (Read the full report)

This crisis continues to highlight the structural inequities that have plagued us for decades, causing mass homelessness since the defunding of Federal affordable housing programs starting in the 1970’s. 

We call on Congress to respond swiftly with the following: 

  • 11.5 billion for ESG (15 bil based on this study, minus the $4bil in the CARES Act) 
  • 4 billion for fair elections (based on this information
  • Emergency rental assistance for all tenants, including rural renters
  • Extend moratoria on evictions to all renters, extend sunset date to 3 months after stay-at-home orders are lifted, and do not require all back rent paid when moratorium lifts 
  • Extend health care for uninsured/underinsured 
  • Extend funding for hotel/motel space for people who do not have a permanent home
  • Facilitate transfer of unused/vacant housing to families who are unhoused 
  • Increase food assistance through the SNAP program

Further, we call on HUD either to automatically renew all FY 19 funded COC projects, or greatly simplify the renewal process. Our service providers are using all their capacity to ensure their unhoused community members are safe, we don’t need a lengthy application process during this public health crisis!

But again, let’s be clear, homelessness has been a public health emergency for over 4 decades!!

We stand in solidarity with our neighbors who are calling to #CancelTheRent. They know so well that the over 22 million Americans who have filed for unemployment, plus the up to 140 million Americans who were already on the edge before the coronavirus appeared, are in danger of becoming homeless. 

We stand in solidarity with all those who have been left out of the Federal relief responses thus far, our poorest and most vulnerable neighbors. As Rev. Dr. William Barber puts it, “The virus is teaching us that from now on, living wages, guaranteed health care for all,unemployment and labor rights are not far left issues, but issues of right vs wrong, life vs death.”

We must work to correct the long-standing and systemic causes of housing, income, health and further racial inequities. When the emergency of Coronavirus infection has passed, we do not want to return to normal. We should all hope to see a new normal emerging where we and all of our neighbors have safe, affordable and accessible housing; adequate wages to cover our living expenses, adequate and affordable health care, and where our civil and human rights are equally defended and protected.

NATIONAL COALITION FOR THE HOMELESS WELCOMES SUPREME COURT DECISION TO ALLOW MARTIN V. BOISE CASE STAND.  CALLS FOR NEW INVESTMENTS TO ADDRESS THE UNDERLYING CAUSES OF STREET HOMELESSNESS

The National Coalition for the Homeless applauds the decision of the U.S. Supreme Court to deny a review of the Martin v. Boise case, leaving in place the decision by the 9th Circuit that people experiencing homelessness cannot be punished for camping or sleeping on public property where there are no adequate alternatives.

The Boise decision remains the law, at least in the states within the 9th U.S. Circuit.  Criminalizing homelessness, in absence of reasonable and acceptable alternatives to sleeping on the streets, is unconstitutional, and cities and states must act to develop adequate shelter and affordable to address homelessness in their communities.

“Today is a victory for people experiencing homelessness”, said John Parvensky, Acting Executive Director of the National Coalition for the Homeless.  “It is not a victory because people can legally sleep on the streets.  Rather it is a victory because it will force communities to address homelessness proactively – through the development of an adequate supply of affordable housing, while providing safe and appropriate emergency shelter in the interim”. 

NCH calls of the Federal Government to immediately and significantly increase its investment in both housing and services for those experiencing homeless as well as in broader pubic and affordable housing for those at risk of becoming homeless.

In what appears to be an escalation on the White House’s war on the homeless, rather than a righteous war on homelessness, the White House Council of Economic Advisers released an unsigned report this week on “The State of Homelessness in America” that is on its face absurd, and uses faulty logic, statistics and policy prescriptions to give cover to the President’s recently stated desire to crack down on the homeless by criminalizing and warehousing people experiencing homelessness – not to help end their misery, but to alleviate the impact of street homelessness on real estate investors and businesses.

The report claims that homelessness is caused by 1) the higher costs of housing due to overregulation of housing markets, 2) permissive policies increasing the “tolerability of sleeping on the streets”, 3) the supply of homeless shelters, and 4) the ineffectiveness of previous federal policies in reducing homelessness.  Finally, in heralds the Trump Administration’s actions to reduce Homelessness without offering any evidence to support the impact of such actions on the reductions of homelessness.

“This report seemingly attempts to give cover to the President’s recent attacks on cities experiencing the crisis of increased homelessness without taking responsibility for the Administration’s own actions which undercut state and local efforts to end homelessness through a combination of housing and health care”, said John Parvensky, Executive Director of the National Coalition for the Homeless.  “The report purports to be an economic analysis of homeless, but instead uses misleading statistics, faulty analysis and spurious conclusions to blame homelessness on those experiencing it, rather than on failure of the housing market and government policy to provide real solutions at the scale necessary to truly end homelessness.”

The report’s simplistic analysis of the effect of regulations on the cost of housing ends with the startling conclusion that a “1 percent reduction rental home prices reduces the rate of homelessness by 1%.”  While the regulatory environment may have a marginal impact of the cost of building housing, the actual cost of rental housing is dictated by the laws of supply and demand (something you would think a council of economic advisors would understand).  The cities with the highest rates of homelessness also have the greatest shortage of affordable housing with rents low enough for those experiencing homelessness to afford. 

When there is a shortage of housing units, owners will set the rents as high as the market will allow, which puts the cost far above what people experiencing homelessness can afford.  The report itself acknowledges that the mean incomes of people experiencing homelessness is about one-half of the poverty level – which equates to $6,445 for a single individual and $12,375 for a family of four.  Yet the 2019 fair market rent in Los Angeles is $1,158 for an efficiency apartment and $2,401 for a three bedroom apartment.  Thus, the average homeless persons in Los Angeles would need spend twice their income to rent an average apartment.  A 1% reduction in rent prices would have no impact on reducing homelessness.  Even a 50% reduction in rent due to deregulation (which even the report’s authors don’t suggest is possible) would mean that the average homeless person would still need to spend all of their income for an apartment.   The solution to high rents is not deregulation, but increased governmental subsidies to bring those rents within the reach of all Americans.

The report’s contention that tolerating people living on the streets increases homelessness is equally absurd.  Talk to any person living on the streets of Skid Row or in any city and you will discover that it is the lack of available, accessible and affordable alternatives that drive people to find refuge on the streets, not tolerance of such refuge.  Alternatively, criminalizing homelessness through camping bans, sweeps, and other means does not reduce homelessness – it only moves people from one place to another and makes it more difficult for outreach workers to engage and connect these people to the limited housing options that may be available to them.

Similarly, the report’s claim that the supply of shelter increases homelessness is laughable.  Building shelters, which are in already in short supply in most communities, no more increases homelessness than building hospitals increases those who are sick.  While building quality shelter may be one effective strategy of reducing street homelessness by providing realistic alternatives to those sleeping on the streets, few people would choose shelter over safe and affordable housing.

Fourth, the report’s critique of previous federal policies does raise serious questions about whether HUD’s contention that homelessness is actually declining in most communities is accurate due to methodological problems and changes in definitions.  However, it’s contention that evidence-based practices of “housing first” and permanent supportive housing are ineffective in reducing homeless is flawed.  Those interventions are designed to end the homelessness of those who have access to such housing, and numerous studies have documented that these approaches do in fact end homeless for 90% of those housed through these approaches.  The problem isn’t the policy intervention.  The problem is that the Federal government has never funded these interventions to the level needed to dramatically reduce homelessness nationwide.

The growth of mass homelessness in our cities did not occur overnight.  It is the result of nearly four decades of federal budget cuts to affordable and public housing programs under both Republican and Democratic administrations beginning in the 1980s.  Indeed, the Administration’s recent budget proposals have called for reductions in funding for strategies that work, not increasing funding to the level needed to truly end homelessness.

This year, HUD provided only $415 million in homeless assistance grants to California, a paltry sum compared to the number of people experiencing homelessness in that state.  Furthermore, only 4.5% of this funding was available to fund new projects to house those currently on the streets or in shelters – the remaining funding was needed just to keep those individuals previously housed through federal support from losing their housing.

Meanwhile, California has recently committed $1 billion of new state funding, and Los Angeles voters approved two $2 billion bonds to address homelessness.

If the Trump administration was serious about ending homelessness in California and across our nation, it would call for a massive new investment of funding for homeless assistance and affordable housing – not increased efforts to criminalize homelessness or warehouse those currently on the streets.

We need to demand that the President and Congress significantly increase its funding for homeless assistance programs — to not only continue to house those previously housed who need continued assistance to remain housed, but also to provide new housing those currently living on the streets.  Incremental increases are not sufficient.  

They must also restore affordable housing funding across the board to the levels necessary so that those experiencing homelessness are not continually competing for limited housing with those living at risk of homelessness, on fixed incomes, or working at minimum wage jobs. 

We know how to end homelessness through a combination of affordable housing, health care, and social supports.  Criminalization and warehousing of the homeless are not the answers.

 

Do you still #TBT? Many of us have a short-term memory when it comes to policy, social media too perhaps, cause I haven’t seen a #ThrowBackThursday post since Facebook started showing you your past posts.

The National Coalition for the Homeless recognizes that we are at a pivotal moment in our social policy. Modern mass homelessness, as we know it, began, not that long ago, in the 1970’s. But here we are, again facing threats to social programs that are vital for the survival of working families, and now in the midst of unprecedented economic inequality.

In solidarity with the National Low Income Housing Coalition’s Our Homes Our Voices Week of Action (May 1-9) and the Poor People’s Campaign: A National Call for a Moral Revival 40 Days of Action (May 14-June 23), we are going to be posting historical information that relates to current trends, policy proposals, and cultural perceptions of those who experience poverty and homelessness.

To kick us off, we’ve included some more detailed history about how and why our organization was formed, and what we have accomplished over the years.

NCH Historical TimelineNCH’s Story

When modern homelessness first emerged in the late 1970s, hundreds of thousands of homeless were forced to fend for themselves on the streets, and many died or suffered terrible injuries. In 1979 a lawyer named Robert Hayes, who co-founded the Coalition for the Homeless in New York City, brought a class action lawsuit in New York State Supreme Court against the City and State called Callahan v. Carey, arguing that a constitutional right to shelter existed in New York. In particular, the lawsuit pointed to Article XVII of the New York State Constitution, which declares that “the aid, care and support of the needy are public concerns and shall be provided by the state and by such of its subdivisions…” The Coalition brought the lawsuit on behalf of all homeless men in New York City. The lead plaintiff in the lawsuit, Robert Callahan, was a homeless man suffering from chronic alcoholism whom Hayes had discovered sleeping on the streets in the Bowery section of Manhattan.

On December 5, 1979, the New York State Supreme Court ordered the City and State to provide shelter for homeless men in a landmark decision that cited Article XVII of the New York State Constitution.

In August 1981 Callahan v. Carey was settled as a consent decree. By entering into the decree, the City and State agreed to provide shelter and board to all homeless men who met the need standard for welfare or who were homeless “by reason of physical, mental, or social dysfunction.” Thus the decree established a right to shelter for all homeless men in New York City, and also detailed the minimum standards which the City and State must maintain in shelters, including basic health and safety standards. In addition, Coalition for the Homeless was appointed monitor of shelters for homeless adults.

On the heels of the landmark Callahan win, the decision was made to take the work of the Coalition for the Homeless national. Robert Hayes organized a meeting of several local coalitions in San Francisco in April 1982, out of which the National Coalition for the Homeless was established.

Originally published Sept. 27, 2017
This year marks the 25th anniversary of the National Coalition for the Homeless’ “You Don’t Need a Home to Vote” campaign. What was a problem in 1992 is still a problem today – homeless individuals vote at a lower rate than non-homeless individuals, even though homelessness does not disqualify anyone from voting. In fact, voting allows un-housed men and women to have a say in government by electing leaders who will advocate for the rights and well being of the homeless community.

Registering to vote can feel like an overwhelming task, and a lack of typical forms of identification as well as the reality of living without an address can discourage homeless individuals from trying to register. In order to support houseless people, the National Coalition for the homeless has put together two resources – a 2017 National Guide to Voter Registration Guidelines (an update to our 2016 “You Don’t Need a Home to Vote” guide) and, for people living in the D.C. Metro area (Virginia, Maryland, and D.C.), an in-depth Guide to DMV Voter Registration Cards.

If you are someone who is currently experiencing homelessness, please contact one of your local election officials who would be happy to answer any of your questions about the registration process. Voting is such an important way to make your voice heard!

If you are a friend of the homeless, please make sure you vote too and consider leaders who will support the homeless community! Also, if you have relationships with any un-housed men or women in your community, offer to help them register to vote!

The National Coalition for the Homeless does not support or oppose any political candidate or party. Our informational materials are strictly for educational purposes and suggest no endorsement, bias, or preference.