Housing
HUD Cautions Against Denying Housing Over Criminal Record
By Donna Kimura, www.housingfinance.org
Landlords with a blanket policy of denying housing to people with criminal records are in violation of the Fair Housing Act, according to the Department of Housing and Urban Development (HUD).
“The Fair Housing Act prohibits both intentional housing discrimination and housing practices that have an unjustified discriminatory effect because of race, national origin, or other protected characteristics,” said HUD in newly issued guidance.
“Because of widespread racial and ethnic disparities in the U.S. criminal justice system, criminal history-based restrictions on access to housing are likely disproportionately to burden African-Americans and Hispanics,” according to HUD.
“While the Act does not prohibit housing providers from appropriately considering criminal history information when making housing decisions, arbitrary and overbroad criminal history-related bans are likely to lack a legally sufficient justification.”
The guidance stresses that arrests are not the same as convictions. A housing provider that denies housing to persons on the basis of arrests not resulting in conviction cannot prove that the exclusion actually assists in protecting resident safety and/or property, said HUD.
When there are applicants with convictions, landlords must still prove that a policy to exclude them is necessary and nondiscriminatory.
“A housing provider that imposes a blanket prohibition on any person with any conviction record—no matter when the conviction occurred, what the underlying conduct entailed, or what the convicted person has done since then—will be unable to meet this burden.” said HUD.
“I am so thrilled,” said JoAnne Page, president and CEO of The Fortune Society in New York City, which works with people who have been incarcerated. “We have been fighting for this, fighting against a blanket discrimination with people with records.”
Housing and employment are foundations for people and families, and it’s hard to get and hold employment without housing, she told Affordable Housing Finance.
The guidance, she said, tells housing providers to look at the individual, how long ago the crime was, and what the person has done recently.
Page said she is also hopeful HUD’s action will help reunite or keep families together. In some cases, a family member such as a father or son isn’t allowed to live with his family because he has a record.
The guidance is largely consistent with what the industry has been talking about for a long time, according to Amy Glassman, an attorney with the Ballard Spahr law firm in Washington, D.C.
Owners have to be careful and thoughtful in their screenings when they are using criminal background checks so their policies don’t have an unnecessary discriminatory effect.
“It’s a hard balance,” Glassman told AHF. “Both owners and residents of apartment complexes have a legitimate interest in ensuring they live in a safe environment. There are certain criminal backgrounds indicative of past violent behavior or behavior that might take away from the safety of the residents. In that situation, I think the owners have legitimate needs to use criminal convictions to screen, but they also have to be very thoughtful about it.”
Bay Area
MAYOR BREED ANNOUNCES $53 MILLION FEDERAL GRANT FOR SAN FRANCISCO’S HOMELESS PROGRAMS
San Francisco, CA – Mayor London N. Breed today announced that the U.S. Department of Housing and Urban Development (HUD) has awarded the city a $53.7 million grant to support efforts to renew and expand critical services and housing for people experiencing homelessness in San Francisco.
FOR IMMEDIATE RELEASE:
Wednesday, January 31, 2024
Contact: Mayor’s Office of Communications, mayorspressoffice@sfgov.org
***PRESS RELEASE***
MAYOR BREED ANNOUNCES $53 MILLION FEDERAL GRANT FOR SAN FRANCISCO’S HOMELESS PROGRAMS
HUD’s Continuum of Care grant will support the City’s range of critical services and programs, including permanent supportive housing, rapid re-housing, and improved access to housing for survivors of domestic violence
San Francisco, CA – Mayor London N. Breed today announced that the U.S. Department of Housing and Urban Development (HUD) has awarded the city a $53.7 million grant to support efforts to renew and expand critical services and housing for people experiencing homelessness in San Francisco.
HUD’s Continuum of Care (CoC) program is designed to support local programs with the goal of ending homelessness for individuals, families, and Transitional Age Youth.
This funding supports the city’s ongoing efforts that have helped more than 15,000 people exit homelessness since 2018 through City programs including direct housing placements and relocation assistance. During that time San Francisco has also increased housing slots by 50%. San Francisco has the most permanent supportive housing of any county in the Bay Area, and the second most slots per capita than any city in the country.
“In San Francisco, we have worked aggressively to increase housing, shelter, and services for people experiencing homelessness, and we are building on these efforts every day,” said Mayor London Breed. “Every day our encampment outreach workers are going out to bring people indoors and our City workers are connecting people to housing and shelter. This support from the federal government is critical and will allow us to serve people in need and address encampments in our neighborhoods.”
The funding towards supporting the renewal projects in San Francisco include financial support for a mix of permanent supportive housing, rapid re-housing, and transitional housing projects. In addition, the CoC award will support Coordinated Entry projects to centralize the City’s various efforts to address homelessness. This includes $2.1 million in funding for the Coordinated Entry system to improve access to housing for youth and survivors of domestic violence.
“This is a good day for San Francisco,” said Shireen McSpadden, executive director of the Department of Homelessness and Supportive Housing. “HUD’s Continuum of Care funding provides vital resources to a diversity of programs and projects that have helped people to stabilize in our community. This funding is a testament to our work and the work of our nonprofit partners.”
The 2024 Continuum of Care Renewal Awards Include:
- $42.2 million for 29 renewal PSH projects that serve chronically homeless, veterans, and youth
- $318,000 for one new PSH project, which will provide 98 affordable homes for low-income seniors in the Richmond District
- $445,00 for one Transitional Housing (TH) project serving youth
- $6.4 million dedicated to four Rapid Rehousing (RRH) projects that serve families, youth, and survivors of domestic violence
- $750,00 for two Homeless Management Information System (HMIS) projects
- $2.1 million for three Coordinated Entry projects that serve families, youth, chronically homeless, and survivors of domestic violence
In addition, the 2023 CoC Planning Grant, now increased to $1,500,000 from $1,250,000, was also approved. Planning grants are submitted non-competitively and may be used to carry out the duties of operating a CoC, such as system evaluation and planning, monitoring, project and system performance improvement, providing trainings, partner collaborations, and conducting the PIT Count.
“We are very appreciative of HUD’s support in fulfilling our funding request for these critically important projects for San Francisco that help so many people trying to exit homelessness,” said Del Seymour, co-chair of the Local Homeless Coordinating Board. “This funding will make a real difference to people seeking services and support in their journey out of homelessness.”
In comparison to last year’s competition, this represents a $770,000 increase in funding, due to a new PSH project that was funded, an increase in some unit type Fair Market Rents (FMRs) and the larger CoC Planning Grant. In a year where more projects had to compete nationally against other communities, this represents a significant increase.
Nationally, HUD awarded nearly $3.16 billion for over 7,000 local homeless housing and service programs including new projects and renewals across the United States.
Community
Financial Assistance Bill for Descendants of Enslaved Persons to Help Them Purchase, Own, or Maintain a Home
California Legislative Black Caucus (CLBC) vice chair Sen. Steven Bradford (D-Inglewood) introduced new legislation related to reparations to the Senate Committee on Housing on April 2 in Sacramento. Senate Bill (SB) 1007, “establishes the Homeowner’s Assistance for Descendants of Enslaved Persons Program to make financial aid or assistance available to descendants for the purposes of purchasing, owning, or maintaining a home,” the legislation states.
California Legislative Black Caucus (CLBC) vice chair Sen. Steven Bradford (D-Inglewood) introduced new legislation related to reparations to the Senate Committee on Housing on April 2 in Sacramento.
Senate Bill (SB) 1007, “establishes the Homeowner’s Assistance for Descendants of Enslaved Persons Program to make financial aid or assistance available to descendants for the purposes of purchasing, owning, or maintaining a home,” the legislation states.
The Senate Housing Committee advanced the bill with an 8-1 vote. It will be re-referred to the Appropriations Committee for consideration.
Sen. Kelly Seyarto (R-Murrieta) was the only member who voted against the bill.
“SB 1007 is about starting a long process of paying back a debt that is not only owed, but that was also promised, and is 160 years overdue, to African Americans,” Bradford told the committee chaired by Sen. Nancy Skinner (D-Berkeley). “It is the first step in closing the wealth and equity gap created by centuries of slavery and racial discrimination policies.”
The bill aligns with one of the 115 recommendations listed in a two-year study conducted by the California reparations task force, of which Bradford was one of nine members.
Bradford said the report reveals that, in the state of California, a typical Black-owned home is 22% less valuable than a White-owned home.
Various advocacy groups from around the state attended the hearing held at the State Capitol Annex Swing Space. The California Housing Partnership, Bay Area Regional Health and Inequities Initiative, Coalition for A Just and Equitable California, Disability Rights of California, the American Civil Liberties Union of California, and California Community Builders all voiced their support of the bill.
Community
The Year Ahead: Assembly Speaker Rivas Discusses Priorities, Problems
Assembly Speaker Robert Rivas shared his legislative priorities and vision for the future of California during a luncheon hosted by the Public Policy Institute of California (PPIC) in downtown Sacramento.
By Antonio Ray Harvey, California Black Media
Assembly Speaker Robert Rivas shared his legislative priorities and vision for the future of California during a luncheon hosted by the Public Policy Institute of California (PPIC) in downtown Sacramento.
Titled a “Conversation with Assembly Speaker Robert Rivas” for PPIC’s 2024 Speaker Series on California’s Future, the 44-year-old Democrat lawmaker from Hollister, who represents the 29th Assembly District, is the 71st speaker of the Assembly.
The discussion at the Sheraton Hotel took place about two weeks after Gov. Gavin Newsom presented his $291 Billion January budget proposal.
“These are going to be difficult times,” Rivas said of the task of balancing a budget that has been estimated separately by the Department of Finance and Legislative Analyst’s Office to have a deficit between $38 billion and $68 billion. “It’s going to underpin everything we get done this year. It’s going to impact everything.”
PPIC’s Speaker Series on California’s Future allows “leaders, lawmakers, and changemakers with diverse perspectives to participate critically, constructively, and collaboratively in public conversations,” according to PPIC.
PPIC president and Chief Executive Officer Tani Cantil-Sakauye was the moderator of the 60-minute discussion that about 200 guests attended.
Rivas said right after he was sworn in as the Assembly leader that among his top priorities are mental and medical wellness, public safety, affordable housing, homelessness, education, the state’s entry-level scientists’ wages, and climate change.
He added that his goal is to focus on both urban and rural areas across the state, including improving public services and infrastructure. He explained that wildfires, flooding, droughts, and agriculture productivity are additional concerns.
Rivas shared that legislators should have goals of “addressing critical issues” that lead to “progress, affordability, and improving day-to-day” quality of life for all residents in California.
“These issues are consistent across the state. I prioritize no region over the other,” Rivas told Cantil-Sakauye, the former chief justice of the California Supreme Court.
During the question-and-answer portion of the conversation, Michael L. Younger, the Vice President of Workforce, Strategy, and Innovation at Calbright College asked Rivas about how the state can help individuals with workforce training and achieve labor success without relying on traditional colleges and university.
“(I am) speaking to those who may not see themselves on the college track but also have value to society,” Younger asked Rivas.
In his response, Rivas said the labor force needs individuals with work training skills, especially with the rise and usage of artificial intelligence.
“The need to have that transition can’t come soon enough but at the same time we have a responsibility to train displaced workers,” Rivas said.
Carmen-Nicole Cox, director of Government Affairs for American Civil Liberties Union – California Action, asked the Speaker would he accept the “community’s invitation” to take a public health approach to addressing public safety rather than one that criminalizes, demoralizes and focuses on incarceration.
Rivas responded to Cox’s question by explaining that an impartial evaluation of public safety should be made initially before providing a resolution.
“Our approach to addressing public safety is to, first, listen, to be fair throughout our process and to find solutions. Does that include addressing public health? Absolutely,” he said.
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