• Tomorrow, the DC Council has the opportunity to override the Mayor’s veto on Bill 2-062, the “Large Retailer Accountability Act of 2013” (LRAA).

    On Friday, we blogged about the high cost of living in the District and how without a livable wage, it is nearly impossible for DC residents to find and secure affordable housing. But it is also impossible for them to end their reliance on public benefit programs like Temporary Assistance to Needy Families (TANF), SNAP(Supplemental Nutrition Assistance Program)/food stamps, and Medicaid. In this way, low wages not only hurt those wage earners and their families, but also cost all DC taxpayers.

    A family supported by a minimum-wage earner ($8.25/hr) will continue to qualify for and depend on SNAP assistance, TANF, subsidized housing vouchers, and Medicaid to financially survive in the District. Even a family supported by TWO minimum-wage earners would continue to need SNAP assistance and Medicaid. The DC Fiscal Policy Institute highlights this issue on its blog, citing a House of Representatives report that details the high cost in taxpayer funded public benefits relied upon by employees of Wal-Mart – whose poverty wages render them unable to make ends meet without benefits.

    Conversely, a family with one or two living-wage earners could significantly reduce its reliance on public benefits programs, and depending on the size on the family, move off of public benefits completely. A living wage, like that provided by the LRAA, would result in financial savings for the District and the federal government.

    It’s not too late for the DC Council to make the right decision. Take action today and contact the following Councilmembers and urge them to take the first step towards a living wage for ALL DC Residents by overturning Mayor Gray’s veto of the LRAA. Also, join us tomorrow at 12 outside DC Council as we rally for DC’s Living Wage Bill: https://www.facebook.com/events/538654459539533/.

    Tommy Wells – (888) 264-6154
    David Catania – (202) 724-7772
    Mary Cheh – (202) 724-8062
    Muriel Bowser – (202) 724-8052
    Yvette Alexander – (202) 724-8068

  • Yesterday, when Mayor Gray vetoed Bill 20-62, the “Large Retailer Accountability Act of 2013” (LRAA), he let down the thousands of DC residents who were counting on him to assure that DC employers paid a livable wage. Three years ago, Mayor Gray stated that he was “not ambiguous about the fact that they need to pay competitive wages” (speaking specifically about Wal-Mart). “We don’t want low-quality jobs here,” then-candidate Gray concluded.

    In a city where a worker earning the current minimum wage of $8.25/hour would have to work 132 hours each week to afford the fair market rent on a 2 bedroom apartment, the prospect of a $12.50/hour wage could mean the difference between remaining a District resident or being forced to abandon a life-long home in DC for a less expensive jurisdiction. A livable wage is key to addressing the crisis of homelessness in the nation’s capital. Families and individuals who are homeless are not going to be able to earn their way out of shelter in a community where housing costs are as high as in DC, unless they are able to earn a better wage than the law presently mandates.

    One of the Mayor’s cited reasons for vetoing the LRAA in his letter to the DC Council is that it would only raise the minimum wage for a small fraction of the District’s workforce. While we absolutely support a  higher living wage bill for all DC workers, the LRAA is an important step forward in allowing District workers to make a wage that will actually let them live in the place they have called home their entire lives. (For a point by point response to Mayor Gray’s stance against the LRAA, read the DC Fiscal Policy Institute’s blog.)

    The DC Council has the opportunity to override the Mayor’s veto and they could vote as early as next Tuesday. Councilmember Tommy Wells holds the one swing vote. Take action TODAY and tell Councilmember Wells you support the LRAA.

    Don’t delay – Tell Tommy Wells to stand with working families and support the living wage bill.

     

    * “Save Money. Live Better.” is Walmart’s corporate slogan.

     

  • Written by Tamika Hawkins, Legal Clinic summer law fellow and rising 3L at Howard University School of Law.

    She couldn’t have been a day over 25. As she sat on the cement steps of the Family Resource Center on N Street N.E., I wondered about her story. Because everyone has a story. Some believable, others hard to believe, but a story nonetheless. I had signed up to do outreach for the Clinic that week, so I was standing on the sidewalk to hand out fliers.

    I was initially drawn to her daughter, a precocious kid – I think she told me she was seven – who talked to me about the summer heat and being on break from school. She was playful as she climbed up and down the steps and swung on the railings. I wondered just how much she understood about the pain, tiredness and sadness in her mother’s eyes. I vacillated speaking to the little girl’s mom, but in between her many back-to-back phone calls, I found the window of opportunity.

    After a brief introduction, she took the flier with much appreciation. Just minutes later, she readily opened up. The woman, dressed in jeans and a bright-colored shirt, was a mother of four and homeless. We talked about all the avenues of possibility, each of which she’d gone down and back. Then suddenly, in the midst of our conversation, her cell phone rang. I heard countless thank yous, as I eagerly waited with anticipation.

    “We got a room!” she shared, her face finally showing a glimmer of hope. “At least it has a door.” Still, internally, I wanted more. I wanted the person on the other end of that phone to have somehow worked a miracle and a half to keep her and her kids off the street. I wanted a mystery fund to have appeared that would at least allow her time to get on her feet for the next few months. I wondered how five people would fare in such a finite amount of space. Then I realized that while it wasn’t my hope for her, at least it was safe. Getting this room meant that she and her four children could move out of the vacant apartment that yielded no remote guarantee of safety.

    Hearing the good news, her daughter began to fire off question after question about their new place. Before she could answer, the phone rang again. In a matter of seconds, she found herself right back at square one. As it turned out, the young woman was short $200 and the landlord refused to budge. Even with four children in the balance. Having nothing more to leverage, she ended the conversation. “I understand.”

    I didn’t.

    An indescribable look of defeat enveloped her face. It hit me hard. But with everything in me, I pulled out the most confidence I could muster and told her that everything would be OK. She agreed that God would never put more on us than we can handle. I smiled and slowly headed back to the Metro station replaying the scenario on repeat.

    As I walked down the street in NoMa, a newly revitalized neighborhood lined with beautiful buildings and luxury apartments, I couldn’t help but sense the disparity. A mere two blocks away, a woman, whose name I never got, sat waiting for an intervention. Waiting for a place to call home. Or at least some temporary safe shelter.

    The next day, I shared the experience with a few colleagues. It fueled me. It inspired me. It made me work that much harder to live out the Clinic’s mission of fighting for housing justice and affordability in the District. And though I don’t know how the day ended for that young mom, I can only hope that she knew at least one person that afternoon, was in her corner.

     

  • Just days ago marked the 50th anniversary of the March on Washington, when Dr. Martin Luther King, Jr. stood at the Lincoln Memorial and delivered his “I Have A Dream Speech,” ushering in an era of massive progress in the civil rights and living conditions for millions of Americans.

    The festivities are now over. The Lincoln Memorial is empty. The pundits are quiet. The visitors have returned home.  But does the dream remain?

    If “injustice anywhere is a threat to justice everywhere [i],” the way the District of Columbia treats the one-third of its children who live in poverty means that there is no justice to be found. Today, only steps from where leaders and advocates were gathered to commemorate the March and assess how much further we have yet to go, DC families areonce again being left out on the street.

    On the morning of the anniversary, we received a phone call from a grandmother who, along with her daughter and two grandchildren, recently applied for shelter after she lost her home to foreclosure. “It tears me to pieces that the government I’ve paid into my whole life is allowing my 2 year old and 7 year old grand kids to stay on the street,” she said.

    There is no legal right to shelter in DC other than when it is freezing outside, and there is no right to affordable housing. And despite the recent press around the Mayor’s new rapid rehousing initiative, heralded as the new solution to family homelessness, the Gray Administration has stopped processing applications for that program for the foreseeable future. Until the temperatures plummet to freezing, we will be telling families that they have little to no hope of getting any assistance with a safe place to sleep at night—not because it is impossible to provide these services, but because the Mayor has made a choice that it is not a priority to assure their safety.

    Another mother called our office from the motel room in which she’s been placed by the District’s Child and Family Services Agency (CFSA), but the funds for that room are running out, and her checkout date is in less than a week. “Where am I to go?” she asks. She’s a good mother and she’s terrified of having to be separated from her children. Will the system take them from her, she asks? She’s trying to get a job, but needs child care first.  “I need guidance. I need a social worker who will help me navigate my options. I can’t even think straight I’m so scared of being put out on the street.”

    The calls pour in and we listen to their stories and feel angry on their behalf. We feel the injustice of a system that will not offer these children a chance to succeed. How can we be leaving children out on the street in the year 2013? How much longer must we have to share these stories before even the idea becomes unconscionable? How can we discussspending money to build a new soccer stadium without raising any new revenue for it, when there are children who don’t have a safe place to sleep at night? When there are parents who are forced to become separated from their children? While children miss meals and school because their government refuses to prioritize their needs?

    At last week’s March, President Obama spoke to the need to change our priorities, “We can continue down our current path in which the gears of this great democracy grind to a halt and our children accept a life of lower expectations, where politics is a zero-sum game, where a few do very well while struggling families of every race fight over a shrinking economic pie. That’s one path. Or we can have the courage to change.”

    We have been fighting this fight for years, and we’ll continue until we realize a right to housing. To paraphrase Alan Van Capelle of “Bend the Arc” who spoke last week at the March on Washington Anniversary, the arc of the moral universe bends towards justice ONLY because we bend it.

    We challenge our elected leaders to find the courage to stand with us, bending the arc faster and deeper, giving DC children a chance to live Martin Luther King’s dream.

    [i]  Martin Luther King, Jr., “Letter from a Birmingham Jail,” April 16, 1963

  • Written by Shaina Lamchick, a Legal Clinic summer law clerk and rising 2L at American University, Washington College of Law.

    I cannot count the number of times I was told by family members and strangers alike to avoid law school at all costs. “Lawyers do more harm than good,” they would say. “There are too many lawyers already.” They were wrong. As of a 2009 report, there was one lawyer for every 429 people in the general U.S. population and one legal services lawyer for every 6,415 people in poverty.[1] According to the Legal Services Corporation, 80 percent of legal needs of the poor go unmet.[2] Although the inequity in legal services is part of what inspired me to attend law school, I did not fully recognize the consequences of this disparity until I spent this summer as a law clerk at the Legal Clinic.

    Throughout my time at the Legal Clinic, I have had the chance to work on a wide range of issues, researching policy questions before the DC Council’s vote on the HSRA amendments, assisting Legal Clinic attorneys as they develop creative new ways to advocate for clients, and developing more effective ways to educate homeless and low-income people about their housing rights. I am grateful that I had the opportunity to do so many things this summer, but when I reflect on my time here, I know that I will remember my direct work with clients the most.

    The clients I worked with over the summer very clearly demonstrate why access to legal services is so important. I met with Ms. G. during her first visit to the Legal Clinic in my first week in the office. I was unsure whether I would ask her the right questions, whether she would be able to tell that I knew very little about how to help her at that point, or whether she would be annoyed that she had to talk to a law clerk instead of an attorney. Instead, Ms. G. opened up to me about a horrible car accident she had been in recently, leaving her temporarily unable to walk without assistance. She was concerned that she would soon lose her apartment that she had been assigned to through the Rapid Rehousing Program, and she told me about the many maintenance requests for the apartment that went unanswered by her landlord. At the time, there were several obscured holes in the floor of her apartment, an issue made especially dangerous due to her injury. After just one letter from the Legal Clinic to the Rapid Rehousing Program’s administrator, Ms. G.’s current housing situation was secured and her landlord responded to her maintenance requests for the first time in a year. The holes in her floor were fixed and she was able to move safely around her apartment.

    Most Legal Clinic clients have legal issues that are not as easily resolved as Ms. G’s initial concerns. Indeed, I have spent much of my summer addressing other problems that Ms. G. is facing. Much of this work will continue after I leave the Legal Clinic. Nonetheless, if Ms. G. had not come to the Legal Clinic, she would have continued living in an unsafe apartment, constantly fearful that she would soon be homeless again. Through my work here, I was able to help her by using tools that she would not have had access to otherwise. Most people in her situation do not have an attorney (or even a law student) to navigate such stressful and often complicated issues.

    If you are reading this, you already know about the important work that the Legal Clinic does, and perhaps you participate in that work yourself. You already know what those who tried to scare me away from law school did not:  lawyers can make an incredible difference in the world and we need more lawyers willing to help those who have no other means to legal services. On an intellectual level, I knew this as well before this summer. Now though, I understand more clearly how much of a difference access to justice makes for low-income and homeless individuals and families. I am so grateful for everything that I have learned at the Legal Clinic, and I am thankful that I was able to make a small difference in the lives of some of its clients while I was here.

    [1] Documenting the Justice Gap in America: The Current Unmet Civil Legal Needs of Low-Income Americans, Legal Services Corporation 21, (Sept. 2009),http://www.lsc.gov/sites/default/files/LSC/pdfs/documenting_the_justice_gap_in_america_2009.pdf.

    [2] Ethan Bronner, Right to Lawyer Can be Empty Promise for Poor. N.Y. Times (Mar. 15, 2013), http://www.nytimes.com/2013/03/16/us/16gideon.html?pagewanted=all.

  • Do you believe in affordable housing? If so, we hope you will join us tomorrow, Wednesday, July 24th for the “Hold on to HUD!” Housing Rally on the Capitol Southeast Lawn at 1pm.

    The event, sponsored by Housing Works, The National AIDS Housing Coalition, Harlem United, and HELP/PSI is being held to urge Congress to fully fund the US Department of Housing and Urban Development (HUD) which is experiencing major cuts to its budget, threatening programs that are essential to providing housing for those in need.

    The Obama Administration has requested $2.38 billion in funding for HUD’s Homeless Assistance Grants which would ensure housing for 213,000 people by funding homeless veterans programs, 10,000 HUD VASH program vouchers, all existing section 8 vouchers as well as those lost in sequestration, low-income housing programs, and the National Housing Trust fund. But budget cuts and sequestration threaten to severely impact these affordable housing programs and lead to more homelessness.

    Again, the rally will take place tomorrow at 1pm on the Capitol Southeast Lawn (1stStr. & Independence Ave., SE). For more information, you can visit the “Hold On To HUD!” Housing Rally’s facebook page or contact Christine Campbell atcampbell@housingworks.org or 202.408.0305

    We know that housing is the key to ending homelessness and overcoming poverty, so we hope to see you tomorrow as we all rally for this important cause.  You can also follow the event on:

    Twitter: https://twitter.com/C2EA , https://twitter.com/housingworks
    Facebook: https://www.facebook.com/CampaignToEndAids
    Storify: http://storify.com/housingworks/hold-on-to-hud

  • Yesterday the DC Council took its final vote on the 2014 Budget Support Act and, as part of that act, the Homeless Services Reform Amendment Act of 2013. We’ve blogged extensively about our concerns about the original bill, from its overly punitive approach to poverty to the negative impact that specific provisions could have had on DC residents living in homeless shelters and supportive housing.

    The Act that passed yesterday is substantially better than the original version thanks to the efforts of a diverse coalition of advocates, service providers, community members, and ultimately the elected officials who actively listened to their constituents and responded to the public’s concerns.

    Many of the harmful sections of the Mayor’s proposed law were removed entirely from the final version, including time limits for housing placements, an expanded definition of “provider’s premises” that would have increased terminations from supportive housing, and the provisional placement scheme that contemplated families losing shelter placements with no pre-termination hearing for a variety of grounds. Other sections were vastly improved from the original. For instance, the law now gives the Mayor authority to develop a mandatory savings program, but the program cannot interfere with an individual’s ability to pay reasonable expenses or maintain public benefits and, most critically, an individual cannot be kicked out of shelter for failing to save money. A section of the original legislation that could have forced people to accept a rapid rehousing unit or lose their shelter placement was modified to clarify that the unit has to meet the household’s specific needs. Finally, the section that would have allowed terminations of participants in supportive housing who sought treatment for an addiction, mental health or medical disorder was vastly improved to protect the rights of people with disabilities and to provide a right to return to housing after absences.

    So, how did this proposed law end up in such a different place than it was a few months ago? Nearly 200 organizations signed on to our letter asking the Council to delay the vote on the bill until a hearing could be held. More than five dozen witnesses testified at this hearing held by Councilmember Graham who, over the course of ten hours, heard from and questioned witnesses on the potential impact of various parts of the proposed law. Many of those who testified spent countless hours with us discussing and developing real solutions to problems in the original bill. We are particularly grateful of the work and partnership of the DC Fiscal Policy Institute, the DC Coalition Against Domestic Violence, Miriam’s Kitchen, and SHARC, who were there every step along the way and suffered through many long meetings!

    The affected community, people who are homeless or who live in shelters or supportive housing, came out in force to the DC Council, both at the public hearing and at rallies and lobbying visits. SHARC (Shelter, Housing and Respectful Change) in particular was incredibly active and persuasive. Their message was clear: none of the proposals did anything to solve homelessness, and even worse, were based on unfounded stereotypes about people who are homeless, such as that people are poor because they just don’t know how to manage their money. Their message was one we completely agree with: the government needs to focus on real solutions such as affordable housing and jobs. But their delivery of that message was far more powerful than anyone else’s would have been.

    When faced with the testimony of dozens of community members, advocates and providers about both the legality of provisions and the possible consequences, the Mayor, through the Department of Human Services, reconsidered some of the proposed language and positions. DHS officials spent hours listening to concerns and redrafting proposals in response. While we could not come to an agreement or compromise in every area, they were far more reasonable and receptive to concerns than we had initially thought they would be, and much progress was made through that collaboration.

    Finally, the success of our advocacy depended on the responsiveness of the DC Council. Councilmember Jim Graham showed strong leadership and commitment to the homeless community in this fight. He stood with us the whole way. Despite intense pressure from the Mayor to put through the original version of this law as quickly as possible, he advocated strongly for an opportunity for the community’s voices to be heard. After hearing their nearly unanimous opposition to the bill, Councilmember Graham and other members of the Human Services Committee carried their message forward to negotiate a much more progressive piece of legislation. (And we must recognize the very hard work of Councilmember Graham’s staff, in particular, Yulondra Barlow.)

    When negotiation with the Mayor came to a standstill, the community and Councilmember Graham picked up a powerful ally: Chairman Phil Mendelson. He listened carefully to our concerns over several meetings and drafted his own language to meet those concerns. His support pulled in the votes of any undecided Councilmembers, and the vastly improved bill passed unanimously without amendment.

    The progression of this bill from what the Mayor proposed several months ago to what actually passed yesterday represents a true victory for DC residents and for the democratic process.  It is a testament to what we, as a community, can accomplish with collaboration, advocacy, and leadership.

    What now? The community and the government have invested an incredible amount of time on this proposed law over the past few months. It’s time to turn our attention to efforts to end homelessness in the District of Columbia. Thanks to the leadership and hard work of Councilmembers Jim Graham and Mary Cheh, we have a newly invigorated effort to end homelessness via a cabinet-level Director to End Homelessness and a dedicated fund for that purpose. We look forward to working with them as well as the rest of the DC Council and the Mayor to develop and implement a human rights-centered approach to the crisis of homelessness.

  • As reported by the Washington Post yesterday, the June revenue forecast is out and there is an additional $92.3 million estimated for fiscal year 2014! This is wonderful news for DC which, as the Post reports, is expected to take in about $600 million more in the next five years. With this kind of surplus, it is unconscionable that so many DC residents are living without the supports they need to overcome poverty. Many programs that provide affordable housing, jobs, childcare, and job readiness were left seriously underfunded or unfunded in the FY 2014 budget that the Council approved last month.

    Now is our chance to change that! Chairman Phil Mendelson intends to spend up to $50 million of the new funds, and plans to propose priorities on which to spend this money at this Wednesday’s council meeting.  With just ONE CLICK, you can tell Chairman Mendelson and other DC Councilmembers to fund crucial programs that will ensure that all DC residents benefit from the city’s good fortune. Now more than ever, there is no excuse to leave seniors, families, youth, and those living with HIV out on the streets.

    A vote on the Homeless Services Reform Amendment Act of 2013 is also scheduled for a vote this Wednesday.  As we’ve previously explained, if enacted into law, this legislation could result in changes to the homeless services system that would take away a family’s right to a hearing before they lose shelter and could put people out of shelter if they’re unable to make contributions to a mandatory savings account. By clicking on the action, you will also send a strong message to Councilmembers to not support any legislation that will further curtail the rights of DC residents who are homeless.

    So take less than one minute of your time, and tell the Council to fund the programs that will get residents back on their feet, and to implement shelter reforms that will actually help, instead of hurt, the most vulnerable DC residents.

    Let’s make DC a true Human Rights City!

  • The following is a copy of a letter Councilmember Jim Graham sent to D.C. Attorney General Irvin B. Nathan after last week’s hearing on the Homeless Services Reform Amendment Act of 2013.

    Re: Request for legal opinion on constitutionality of proposed language in the Homeless Services Reform Amendment Act of 2013

    Mr. Attorney General,

    As Chairperson of the Committee on Human Services, I have legal concerns about B20- 281, “The Homeless Services Reform Amendment Act of 2013 (HRSA)”. If passed it would make significant changes to the Homeless Services Reform Act. I introduced this measure which was originally introduced as part of the Fiscal Year 2014 Budget Support Act of 2013, to ensure that it would get a full hearing and opportunity for public comment, rather than being passed as part of the BSA.

    I am writing to ask for your opinion about certain specific provisions of the bill. A serious concern of mine and one raised repeatedly by witnesses at today’s hearing, regards the proposed language in several sections of the bill, which would severely limit existing due process rights for homeless individuals and families. I would like a response from you regarding your view of these constitutional concerns.

    We heard strong testimony, in particular, from Professor Peter Edelman, Professor of Constitutional Law at Georgetown Law Center, as well as from other advocates regarding the provisions listed below. Professor Edelman spoke about his view that the following provisions violate the requirements of Goldberg v. Kelly, 397 U.S. 254 (1974) as a result of the elimination of pretermination hearings.

    The Supreme Court held in Goldberg v. Kelly, 397 U.S. 254 (1974) that “due process requires an adequate hearing before termination of welfare benefits, and the fact that there is a later…proceeding does not alter the result” Id. at 262. I question the propriety of the provisions listed below, all of which would eliminate a pre-termination hearing before a homeless individual or family would be required to vacate shelter.

    Please find below and please provide your opinion of, the HRSA provisions that create new limits on due process rights:

    • Section 2 (a)(3) and (3)(c) of the Act create a new provisional placement status. Pursuant to this new status the Act sets out that an individual or family for whom an alternative placement is identified shall vacate the shelter within 24 hours of notice of termination. This provision relates to a finding of ineligibility. However this provision specifically disallows the existing right to a pre-termination hearing.
    • Section 2 (c) creates a new 8b(g)(2) and (3) which establishes that an individual or family could be terminated from provisional placement status for failure to participate in or cooperate with the unified assessment or referral process. In this circumstance as well, there is no right to a pre-termination hearing.
    • Section 2 (d) removes the right to a pre-termination hearing for those who receive transitional or permanent supportive housing with no right to a pre-termination hearing.
    • Section 2 (h) creates a new section 22 (2)(F) which states that two offers of Rapid Rehousing are deemed per se appropriate. As a result of this language, shelter residents would be denied the right to appeal based on factors (appropriateness of the housing offered) that would be grounds for appeal of any other housing placement.

    Two other areas that raise specific legal concerns are discussed below. Amber Harding, an attorney at Washington Legal Clinic for the Homeless and Megan Whyte De Vasquez of Washington Lawyers’ Committee for Civil Rights and Urban Affairs- both testified that the section below is a clear violation of the Federal Fair Housing Act:

    •  Section 2 (i) sets out that a provider may discharge a client from a supportive housing placement only when the client has:

    (1) “Transferred or relocated to another program or facility due to, but not limited to, incarceration or institutionalization for at least 60 days”

    “Institutionalization” is a disability related term which is underscored by the fact that the term is used in addition to the term “incarceration”. Language that allows termination of participants for institutionalization is on its face, a violation of the Fair Housing Act and of Title II of the Americans with Disabilities Act. Further, nursing homes, hospitals and mental health institutions may not release patients into homelessness. Thus, this provision would likely extend the institutionalization of a person with a disability who loses his or her housing under these circumstances in violation of the requirements of Olmstead.

    Finally, Tamaso Johnson of the DC Coalition Against Domestic Violence questioned whether there might be a conflict between certain provisions and Federal law: Shelters receiving federal funds related to domestic violence are mandated to provide “voluntary” services. Conditioning shelter on mandatory escrow payments for those receiving shelter from a such a site, may be in violation of 42 U.S.C. 10408(d)(2), Family Violence Prevention and Services.

    Thank you for your consideration of this. I look forward to hearing from you. Because of Chairman Mendelson’s request that we move this forward expeditiously, it would be a great help to us if you could provide a written response within a week.

    Best,

    Councilmember Jim Graham

     

     

  • At last Monday’s Committee on Human Services hearing on “The Homeless Services Amendment Act (HSRA) of 2013,” Georgetown University Law Professor Peter Edelman testified about the potential for Mayor Gray’s proposed HSRA changes to violate community members’ Constitutionally guaranteed rights to due process. As introduced, the Mayor’s amendments would allow the DC Government to terminate a resident’s shelter or housing before giving that family or individual the opportunity to challenge the basis of such termination. Professor Edelman’s testimony is set out below. 
     
    (You can find more information on some of these due process concerns in previous posts on this blog and in our legal analysis of the bill).
     

    Mr. Chairman and Members of the Committee:

    Thank you for the opportunity to testify today. I will be very brief. I teach constitutional law and poverty law and policy, and I have looked at the pending bill through both of those sets of lenses. The main thrust of the provisions in the bill is a large step backward in the degree of due process we accord some of the most vulnerable people in our city.

    I frankly don’t know why these retrogressive provisions are being seriously considered.  The current law provides for emergency terminations and short-term suspensions. The current provisions make sense. Beyond that, I believe that the Supreme Court’s eloquent decision in the case of Goldberg v. Kelly is applicable to the situation of people who are homeless. In holding that a hearing must be accorded prior to the termination of welfare, Justice Brennan described cash assistance for mothers and children as “the very means by which to live.” I think it is quite clear that the situation of a homeless person or family is like that of the welfare recipient in Goldberg – and in fact is, if anything, more dire.

    The Court limited the application of Goldberg in its subsequent decision in Mathews v. Eldridge, which dealt with disability benefits. Such benefits, the Court said, are “not based upon financial need, . . . [and are] wholly unrelated to the worker’s income or support from many other sources.” That is manifestly different from the situation of a homeless person or family. And even if Mathews were held to apply here, triggering the application of that case’s balancing test, the risk of erroneous deprivation here is vastly greater than was the situation in Mathews which involved a decision based on medical documentation.

    I trust that all of us would prefer to see everyone possible housed in a stable permanent fashion. We want to see the number of people in shelter reduced to a bare minimum.  But we must not rob Peter to pay Paul. We need a balanced strategy that provides shelter to those who need it and invests what is necessary to move the previously homeless into stable housing which they will be able to afford (perhaps with subsidies) for the longer term. I worry that with this legislation our friends in the District government are opting for a short cut that will hurt people far more than it helps. I urge the committee not to move forward with this legislation as it is currently written.

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