• The DC Heat Poses Great Risk to Homeless Residents: What You Can Do To Help

    Welcome to summer in DC! It’s important to enjoy this season as any other, by taking care of each other. During these hot and humid days, people who are homeless are at very real risk of heat related illness and death because of prolonged exposure to the outdoors.

    In the District, when temperatures rise above 95 degrees (factoring in the heat index), the District government is obligated to open severe weather “hyperthermia shelters” which are public or private buildings used as cooling centers for those individuals or families who are homeless and cannot access other shelter. Under the law, these hyperthermia shelters must include: food and clothing and other supportive services, or information about where to obtain basic needs and services;  24 hour access to properly functioning toilet facilities; cool water; and properly functioning cooling systems. More about the District’s heat emergency plan here.

    If you see someone outside who looks like they need assistance finding a hyperthermia shelter or cooling center, call the District’s shelter hotline at 202-399-7093 to find the cooling center closest to them.

    Click here to find the nearest cooling center provided by the District. You might also consider carrying an extra bottle or two of water with you to offer to folks out on the street.

    Unfortunately, the term “hyperthermia shelter” does not include overnight shelters, which means that homeless individuals and families do not have a right to beds overnight unless the heat index is expected to stay above 95 degrees all night. This means that if the temperature falls to 94 degrees with the heat index, a homeless person or family can be told to leave the cooling center and must find somewhere else to sleep for the rest of the night.

    We advise everyone to take care of themselves by drinking plenty of water, avoiding dehydrating beverages that contain alcohol, staying in the shade when you have to be outside, and of course avoiding strenuous outdoor activities. If you see someone outside experiencing a heat emergency, please call 911 to get them immediate assistance. Be on the lookout for the following signs of heat stroke:

    • headache
    • nausea, clamminess, chills
    • dizziness, periods of faintness
    • dry, hot skin
    • high body temperatures
    • rapid breathing
    • anxiety, listlessness
    • severe muscle pain
    • unconsciousness

    Please take the time to program the shelter hotline number in your phone (202-399-7093); it could help you save a life this summer. We hope everyone stays safe and hydrated.

  • Give the Gift of Housing Justice this Giving Tuesday!

    Giving Tuesday is an important day for the Legal Clinic, and we are grateful for your consideration during this celebration of generosity! Thank you for being part of our community and the pursuit of housing justice in D.C.!

    Click to Support the Legal Clinic for Giving Tuesday!

     

  • Today, hundreds of us gathered at New York Avenue Presbyterian Church at 8AM for the Way Home Campaign‘s March to End Chronic Homelessness. We listened to impassioned speakers who had experience with homelessness and who urged elected leaders to end chronic homelessness now. One woman talked about having to separate from her kids for three months while she waited to get into family shelter. Her family was placed at DC Village and then Park Road shelter. Over 3 years of shelter later, she finally got placed in permanent supportive housing. Others talked about how we have failed as a community if we have people living on the street, how the solutions are simple and effective, and how all we need is for housing programs to get funded.

    Then we marched to the seat of DC government, the John A. Wilson building. With the new statue of Mayor for Life Marion Barry overlooking our action (we think he would have approved), we joined our domestic violence advocacy friends (led by the DC Coalition Against Domestic Violence) in chalking up the sidewalk to draw attention to the need for housing for domestic violence survivors (#Chalk4SafeHousing). They wrote messages such as “3/4 single women who are homeless are survivors of trauma and violence” and “safe housing is a human right.”

    After a rousing speech and some chanting, we all trooped inside to deliver our ask to Mayor Bowser: that she fund housing in her budget for 1620 individuals and 309 families to bring us closer to ending chronic homelessness. (We also are asking the Mayor to fund additional housing and homelessness asks in collaboration with the Fair Budget Coalition.) Unfortunately, despite knowing we were coming and having nothing on her public calendar, Mayor Bowser was not there to receive our message. Over 100 people, many of whom are currently experiencing homelessness, stood outside her office door on the third floor and asked for her, then a deputy mayor, then literally anyone to come out into the hallway to talk to us. Eventually a scheduler came out. She looked down at our box of paper people, one for each person whom we are asking the Mayor to house in her budget, and said she would deliver it to the Mayor, if it passed security (it had already been through a metal detector and was clearly just a box of paper people).

    After making a delivery to Chairman Mendelson, some portion of the group, including two of our attorneys, traveled to the fourth floor for an oversight hearing on the Interagency Council on Homelessness and the Department of Human Services. Here’s our testimony:

    “Most recent Rapid Re-housing data shows families still being set up to fail.”

    “You know the problems, what is your plan to fix them?”

    By the time we testified, only Councilmember Nadeau was on the dais, and she did not ask us any questions.

    As one of our attorneys concluded her testimony: “We continue to press for these changes because our clients need, want, and deserve better.” We’ll keep you up to date on ways that you can join this work, and the extent to which our collective advocacy results in real change.

     

  • The Vision

    The Alabama Ave/13th Street SE Tenant Coalition has made clear that they are ready and willing to engage in the Tenant Opportunity to Purchase Act (TOPA) process in order to make their vision a reality. The 13 households that remain in the buildings are fighting for 200 units of truly affordable housing for the sake of their broader community, a community that is facing the crises of homelessness and lack of affordable housing. In order to do this, the tenants need to meaningfully exercise their rights under TOPA, and they need the cooperation of District government.

    The Plan

    Currently, Sanford Capital’s business partner, Geoff Griffis, is attempting to circumvent the tenants’ TOPA rights through an alleged land transfer that the tenants, through their legal and organizing teams, are in the process of actively challenging. This looks very much like a maneuver designed to wear the tenants down by continuing to subject them to deplorable living conditions in the hope that the tenants will get tired and leave the buildings without ever being able to exercise TOPA. If the buildings are empty, Griffis can then tear them down to make way for his luxury redevelopment.

    The tenants have made clear that they WILL NOT MOVE until they have had the opportunity to exercise their TOPA rights. To protect their ability to exercise TOPA, the tenants’ legal team will pursue all legal options, including filing litigation, to ensure their rights are protected.

    The Mayor has a clear role to play in ensuring the realization of the tenants’ vision of 200 truly affordable units above the Congress Heights Metro station. A key to the tenants’ redevelopment plan for the site is an abandoned building situated on the corner of 13th Street SE and Alabama Ave SE. The building is currently under the control of the DC Department of Housing and Community Development (DHCD). If Mayor Bowser were to instruct DHCD to assign that abandoned building to the Alabama Ave/13th Street Tenant Coalition through their chosen Non-Profit Developer (NHT), the tenants would then control a key parcel of the proposed redevelopment site. Control of this parcel would greatly improve the tenants’ odds of being able to ultimately gain control over the entire site proposed for redevelopment once they receive their TOPA notices. The Mayor has thus far refused to  meet with members of the Alabama Ave/13th Street Tenant Coalition, let alone work with them to create much-needed affordable housing.

    Let Mayor Bowser hear from you!

    You can make it clear that the members of the Alabama Ave/13th Street Tenants Coalition are not alone. It’s vital that Mayor Bowser and DC Council hear that their constituents are in solidarity with the tenants in the struggle for housing justice at Congress Heights.

    Upcoming important email actions directed at Mayor Bowser and DC Council

    1. Tell Mayor Bowser to transfer 3200 13th SE to the tenants!
    2. Stay tuned for an action in the coming weeks telling DC Council to block any attempted transfer of 3200 13th Street SE to anyone but the tenants, and support the transfer of the building to the tenants.

     

  • In April of 2012, Charmaine Walton wrote a guest blog for us with a simple, straightforward plea: “Help me get affordable housing.” Charmaine’s story is one of strength, perseverance in the face of enormous challenge, and ultimately, of hope. With assistance from the Legal Clinic and thanks to a housing voucher through the Local Rent Supplement Program, Charmaine and her daughter Morgan were able to move into their own apartment in March of 2013.

    We recently caught up with Charmaine and asked her to share what she and her daughter are most thankful for this Thanksgiving:

                    Last week, my daughter Morgan and I made chili together in our kitchen. That doesn’t sound very exciting, or like something to build a story around, but just over a year and a half ago, it was something I could only dream about. Morgan was in charge of adding the onions, grilled hamburger meat, and the tomatoes to the crock pot. She helped me stir, and I taught her the secret ingredient: sugar. Morgan doesn’t even like onions, but she ate so much of that chili because she took pride in making it.

    That pride in my daughter’s eyes is worth everything we’ve had to go through to get here. When we were in shelter, it was a struggle to protect Morgan from everything we were facing. I remember traveling across town, taking three different buses to get her to school each day, and sitting outside the school all day waiting for her to get out. It was important to me that she never miss a day of school, but I didn’t have the energy to make that travel more than twice a day. My body wasn’t strong enough because of a lack of proper nutrition. I had nowhere to cook wholesome meals.

    I remember my dream for Morgan to have a stable roof over her head, and a bedroom to call her own. It’s what kept me fighting when I was at my lowest and my health was deteriorating. I’m so thankful that my daughter and I have a home now. I ask Morgan how she feels about it, and she says, “it’s nice and warm.”

    Every child deserves a nice and warm home. Children are not supposed to move around so much. When my daughter is older, I want her to be able to look back and say, “this is where I grew up,” not, “these are all the different places I grew up.” DC is my home and has been since birth. I want it to be my daughter’s home, too. My home is changing, but sadly, it’s not changing to help everyone. People need to stop believing this myth that poor people just want someone to take care of them.

    I woke up one day and learned I had Multiple Sclerosis. I didn’t plan it, and it’s changed my life. Now, I’m rebuilding, and my struggle is not over. My apartment needs major repairs and my landlord isn’t always responsive. Even though having a home has helped me focus on my own health, I still have setbacks. I’m in school now, studying for an applied sciences degree because I want to be a nurse, but I also need to provide for my daughter now, so I’m job hunting. The thing is, I know it’s all going to be ok, because at least I have a roof over my head.

    I’m thankful, because I have lights to turn on, and they work! I’m thankful that I have a place to wash clothes! I’m thankful we’re warm. And I’m thankful that this holiday season, Morgan and I can decorate our apartment and sit back and relax. That my daughter is happy because her mom can cook for her all day.

    I’m also grateful for the opportunity to give back to my community, to help others by sharing my experience. I want an outlet where I can talk to everyday people and to DC government leaders about the challenges that families are facing — about access to better education and to affordable housing.

    I’m thankful for my voice. And I plan to keep using it.

    The Legal Clinic is thankful for Charmaine and for all of our inspiring clients who remind us on a daily basis why we must continue the fight for justice. We also want to extend a special thank you to our volunteers whose dedication of time and talent assures that our clients get the most effective representation, to our board members who work diligently to get us the resources we need to do our work, and to our donors, whose generosity makes our work possible.

    Have a wonderful Thanksgiving, everyone!

  • Do you need a lawyer?

    If you are homeless and have a legal problem, we might be able to help you.  Learn more about your rights and how to connect with an attorney.

  • Hypothermia Hotline: 202-399-7093

    Cold weather is dangerous.  If you see someone who is homeless and in need of shelter, blankets or something warm to drink, please call the hotline. You might save a life.

  • Last Wednesday, November 13, the Interagency Council on Homelessness convened a special meeting to discuss and vote on the addendum to the District’s Winter Plan that would guide how homeless youth should be served this winter. The Legal Clinic, along with many others in the community, had expressed concern that the prior draft did not adequately plan to meet the need of unaccompanied youth, and that no District agency was embracing responsibility for serving these children in need if they were on the street with no safe place to stay in freezing temperatures.

    From the Legal Clinic’s perspective, we were particularly concerned that DC government officials believed that unaccompanied homeless youth have no legal right to shelter when it is below freezing, unlike every other homeless person. The Department of Human Services had released a “framework” document implying that this population was not entitled to the legal protections of the Homeless Services Reform Act, and the agency also released an “open letter” to the DC Council indicating only that “some advocates believe” that this population is entitled to shelter on freezing nights.

    That worried us. The Winter Plan has always been the implementation document for the right to shelter in below-freezing temperatures, with the explicit statement throughout that more space will be acquired if the plan fails accurately to anticipate the need. But this year, the Administration presented the Interagency Council with a draft plan for homeless youth that advocates and youth providers worried would not meet the need, without any corresponding commitment that no homeless youth would be forced to sleep outside in freezing conditions this winter if the plan ultimately turned out to be inadequate.

    Scott McNeilly, our Legal Clinic staff attorney who sits on the Interagency Council on Homelessness, proposed the following amendment to the youth section of the Winter Plan:

    “The right to shelter during a hypothermia alert applies to all District residents who cannot access other housing arrangements, including unaccompanied youth. If for some reason the resources outlined in this protocol do not meet the need for this population, then the District will respond accordingly to ensure that no homeless youth is in danger of hypothermia this winter season.”

    Out of all the Interagency Council members, only Scott McNeilly and Luis Vasquez of Catholic Charities voted for this amendment, i.e. to affirm the legal right of homeless youth to safe shelter on freezing nights. The amendment failed, and the Winter Plan passed as proposed with no such assurance. The Plan that passed does include an additional six beds to serve youth, but these beds are not expected to go online until at least January.

    Ultimately, it is the Homeless Services Reform Act that establishes legal rights, not the Winter Plan. And ultimately, it is the Court’s interpretation that counts, not the ICH’s. As lawyers, we stand ready to fight for those youth to access basic lifesaving emergency shelter this winter, and we welcome any youth to contact us directly for representation.

    In the meantime, we urge you to join Covenant House Washington and other community partners for a Candle Light Vigil for homeless youth this Thursday, November 21, at 7:00 P.M. at 2001 Mississippi Ave, SE. Homeless youth need your support now more than ever.

  • On October 28th, the DC Council’s Committee on Business, Consumer, and Regulatory Affairs held an eleven hour hearing on raising DC’s minimum wage and expanding the District’s paid sick days law. The Legal Clinic testified in strong support of these measures at last week’s hearing and you can read our testimony below.

    Tomorrow at 9:00am, DC workers and advocates will hold a rally at Freedom Plaza to voice support for the passage of legislation that would strengthen DC’s paid sick leave law and raise the minimum wage. Workers will also read testimony they were unable to deliver at the hearing on October 28th. We hope to see you tomorrow morning!

    Testimony delivered by Max Tipping, Legal Clinic law intern at hearing on October 28th (You can also watch Max testify by clicking here and going to the 8:30 mark) :

    I am here to voice the Legal Clinic’s strong support for raising the District’s minimum wage and ensuring paid sick leave for all District workers. More specifically, the Legal Clinic supports raising the minimum wage to $12.50, tying it to inflation, raising the tipped minimum wage, and mandating paid sick leave in accordance with the Earned Sick and Safe Leave Act of 2013. These measures will not only help to prevent and end homelessness, but will also dramatically reduce the need for DC-funded safety net services.

    Please allow me to begin with the story of one of the Legal Clinic’s clients. This client worked her entire life, right up until she got sick. Her symptoms would come in unpredictable spurts and leave her temporarily incapacitated. Since she lacked adequate sick leave she was let go from her job. Eventually, she fell behind on her rent, lost her housing, and was forced to turn to the District government to keep herself and her daughter off the street. She received some housing assistance and was put up in a hotel for several months at substantial cost to the government. This scenario, which is not uncommon among clients of the Legal Clinic, may have been avoided entirely if she had been provided with adequate sick leave at the outset. This client did not want to rely on the District to support herself and her daughter; she preferred to work as she had her entire life. Her story shows the twin benefits of the measures currently before the Council: helping people provide for themselves while simultaneously reducing the burden on DC taxpayers.

    Now I would like to move to a more concrete discussion of the benefits of these bills. As you know, rents in the District have skyrocketed over the past decade, resulting in the loss of half of the District’s low cost rental units.[1] Over the same time period, the incomes of the poorest 40% of DC households have stagnated.[2] Taken together, these factors are the root causes of the District’s current affordable housing crisis. DC’s paucity of affordable housing has in turn driven enormous increases in homelessness, particularly for families. On a single night in January of this year, there were nearly 1000 homeless families with children in shelter, an increase of almost 40% since 2009.[3] Solving homelessness begins with solving the affordable housing crisis, and the affordable housing crisis can be addressed in two ways: increasing the supply of affordable housing and increasing income.  As the Gray Administration pointed out in its Housing Strategy Concept Paper that kicked off the reinvigoration of the Comprehensive Housing Strategy Task Force: “By combining affordable housing production with linkages to support services necessary to increase the opportunity for non-wage earners or lower income workers to obtain good paying jobs, there will be more equilibrium between the supply and demand for affordable housing.”[4]

    To provide some perspective on just how difficult it is to afford housing here, a single parent in the District would need to work nearly 19 hours each and every day of the year at the current minimum wage to afford a 2-bedroom apartment at the Fair Market Rent of $1,412 per month.[5] That leaves just five hours a day to eat, sleep, see your children, get your children to school, and get yourself to work. If that single parent worked a standard 40 hour week at the current minimum wage, their rent would claim fully 99% of their income. Even a two-parent household would need each parent to work nearly 10 hours a day, every single day of the year, to afford housing. In contrast, if the minimum wage was increased to $12.50, two minimum-wage earners would be able to afford housing by each working about 43 hours per week.

    Besides helping to prevent homelessness by allowing people to afford their current housing, raising the minimum wage will also help people who are currently homeless regain their housing. Contrary to common perception, a substantial number of people experiencing homelessness are also employed. For example, as of last January, 20% of single homeless individuals were employed, as were 25% of all homeless adults with children.[6] Given that the family shelter at DC General is consistently full to capacity, this is a point worth emphasizing: these measures would be able to significantly improve the situations of fully a quarter of all homeless families. Indeed, there are few pieces of legislation that come before this council that could have such a dramatic positive impact on such a substantial number of people experiencing homelessness.

    In addition to benefiting District workers, these measures will allow the District government to either save money on safety net services or enable it to serve a greater number of DC residents in need. A worker receiving the current minimum wage is still forced to substantially rely on direct financial benefits like TANF and housing benefits like the local rent supplement program. However, a family with one or two living-wage earners could significantly reduce its reliance on public benefits programs, and depending on the size of the family, could move off of public benefits entirely. A living wage would also result in the District’s affordable housing programs being able to pay significantly lower subsidies, thereby helping to make affordable housing available to more DC residents.

    To conclude, the Legal Clinic strongly supports raising the minimum wage and mandating paid sick leave for District workers. While none of the measures discussed here will end homelessness tomorrow, they do present a unique opportunity to relieve the structural pressures that drive people into homelessness, and to help individuals and families that are currently homeless literally earn their way out of shelters and back into housing.

    [1] DC Fiscal Policy Institute, Disappearing Act: Affordable Housing in DC is Vanishing Amid Sharply Rising Housing Costs at 3, 4 (May 7, 2012).

    [2] Id.

    [3]Metro Washington Council of Governments (MWCOG), Homelessness in Metropolitan Washington: The 2013 Point-in-Time Count at 8 (May 2013).

    [5] National Low Income Housing Coalition, Out of Reach 2013: America’s Forgotten Housing Crisis at 43 (March 2013).

    [6] Metro Washington Council of Governments (MWCOG), Homelessness in Metropolitan Washington: The 2013 Point-in-Time Count at 11 (May 2013).

  • One of the Best…

    The Legal Clinic is honored to announce our inclusion in the 2013-2014 Catalogue for Philanthropy as one of Greater Washington’s best community-based charities. We were selected to be refeatured in the 11th annual Catalogue, which has, since 2003, raised more than $21 million for featured nonprofits. The Catalogue’s vetting process is rigorous: members of a 120-person review team, made up of foundations, corporations, peer nonprofits and the philanthropic advisory community, evaluate charities on the basis of program impact and fiscal soundness and each featured charity is visited on-site by at least one member of the review team.

    Having the Catalogue’s endorsement is vital to the Legal Clinic. We receive no public funding, in order to ensure our freedom to advocate aggressively on our clients’ behalf. We must rely then upon the generosity of community members, foundations, law firms and corporations who share our vision of a more just DC. The Catalogue for Philanthropy helps us to tell our story to a broader audience than we might otherwise reach.

    Catalogue President Barbara Harman has noted that “the Washington, DC region ranks third in wealth disparity in the nation – having one of the most affluent (and well-educated) populations in the country, and also one of the poorest. We are in a unique position to help our neighbors by connecting donors and volunteers to worthy, local nonprofits working to strengthen the D.C. region. The Catalogue makes it easy to learn about community needs and to help meet them.”

    You can find our listing here and request a Catalogue here. As always, many thanks for your partnership and support!

     

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