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  • Real Rapid Re-Housing Reform Is Finally Within DC’s Reach!

    We have long advocated for substantial reform for the rapid re-housing program in DC. The urgency of that advocacy intensified last winter, when the Department of Human Services announced it intended to start terminating almost 1000 families for reaching a time limit in rapid re-housing, even though the agency knew that nearly all of those families would be thrown into crisis as a result. In the spring of 2022, 66 organizations and experts and almost 400 individuals asked the DC Council to “reform rapid re-housing legislatively so that DC residents cannot be terminated for a time limit until they can afford rent without further assistance.”

    In early summer, Chairman Mendelson, along with nine of his colleagues, introduced the Rapid Re-Housing Reform Amendment Act of 2022 in direct response to the community’s plea for reform. The bill is set for a hearing in the Committee on Human Services on October 20. Because the Council session ends in December, the bill will need to mark the bill up and vote on it twice before the end of the year. The full text of the bill can be read here.

    Next week, the Legal Clinic will be holding some information sessions for the public to talk about what is in the bill and to answer questions. Monday, October 3 at 6PM we will hold a virtual session. Please reach out to Amber Harding at amber@legalclinic.org for the link. On Tuesday, October 4, from 11AM-1PM, we will hold an in-person session for impacted community members (anyone who has experience with the rapid re-housing program). Please reach out to LaJuan Brooks at lajuan@legalclinic.org if you would like to attend. Lunch will be provided to all. Transportation can be provided upon request.

    Q&A about the bill

    Does the bill only reform rapid re-housing for families? What about individuals?

    While most of the participants in rapid re-housing are families, the reform in the bill applies to both families and individuals.

    How does the bill fix the arbitrary time limit in rapid re-housing?
    Participants can still be exited for reaching a time limit, if they can afford their rent. For participants who cannot afford market rent without assistance when they reach the time limit and are eligible for Permanent Supportive Housing or Targeted Affordable Housing, the bill requires that DC continue to provide rental assistance until the participant can transition into a permanent housing subsidy program. This change formally implements the universally supported recommendation from the FRSP Task Force in 2020—that rapid re-housing should be a “bridge program” for participants who are eligible for permanent supportive housing or targeted affordable housing.

    Does the bill fix how much rent participants have to pay?

    Yes. The bill ensures that rent is affordable to participants in rapid re-housing by limiting rental burden to 30% of income. Right now, participants pay between 40-60% of their income for rent. Not only are those rents considered unaffordable by federal guidelines, but different households have different rent burdens, and the Inspector General cited the Department of Human Services for seemingly arbitrary rent determinations.

    Can participants still be terminated for not participating in case management services, even if those services are not helping?
    No. The bill transitions rapid re-housing into a voluntary services model, consistent with national best practices and DC’s Housing First approach. This means that participants can choose what services best meet their needs and cannot lose their housing if they choose not to participate. The bill also requires that participants in Temporary Assistance for Needy Families (TANF) receive case management services through their assigned TANF vendor so that they do not have two case managers from the same agency. This reduces duplication of services and creates some cost savings for the bill.

    How does the bill make sure people actually get permanent affordable housing if that’s what they need?

    The bill requires assessments of and eligibility determinations for participants for Targeted Affordable Housing (TAH) and Permanent Supportive Housing (PSH) within six months of entry and within three months of proposed exit. Often, participants are not even aware that those programs exist, are not consistently assessed for both programs, and do not receive lawful eligibility notices explaining why they are or are not eligible for the programs. The bill also requires that information be provided about home ownership programs, but much work has to be done to make those programs truly accessible to rapid re-housing participants. What the bill doesn’t do, though, is ensure sufficient resources are available to serve everyone in need. That will have to come later, in the budget process.

    How much does the bill cost to implement?

    We don’t know yet. There will not be a fiscal impact statement until later in the process. While we do expect the bill to have a cost, there are efficiencies in the bill as well that could bring that cost down, such as streamlining case management and changing it from a mandatory to a voluntary service model.

    Does the bill create a right to housing?

    No. We wish it did. The bill only creates some limits on DC’s ability to terminate participants who have reached a set time limit in the program, just like there are limits on when participants can be terminated from other housing programs, like PSH or TAH. Setting restrictions on grounds for termination in housing or public benefit programs does not transform those programs into entitlements.

    Does the bill end poverty or homelessness?
    No. The purpose of the bill is to reform rapid re-housing. DC must invest far more energy in resources in closing the gap between income and rent, whether by bringing incomes up or by bringing rents down. But in the meantime, rapid re-housing participants are being harmed by a program design that turns a blind eye to how large that gap between income and rent is for many DC families. This bill is a small but critical way to move us one step closer to housing justice in DC.

    Q&A about rapid re-housing

    How much does rapid re-housing cost, as compared to other housing programs?

    Rapid re-housing: $32,000/year/family, $25,092/year/individual

    PSH: $39,385/year/family, $25,003/year/individual

    TAH: $25,153/year/family, $21,667/year/individual 

    Does rapid re-housing reduce family homelessness?

    Yes and no. Rapid re-housing is considered permanent housing right now, so families in rapid re-housing are not “counted” as homeless. Families that are terminated from rapid re-housing for a time limit often return to homelessness, even if they do not necessarily return to shelter. In general, shelter numbers are only the tip of the iceberg when it comes to counting homeless families. For example, while the 2021 Point-in-Time (PIT) Count reported 498 homeless children and unaccompanied minors, DC public and charter schools counted 5,893 students as homeless during the 2020-21 school year.

    If only a small percentage of families return to shelter within a year of exiting, isn’t the program a success?

    We have long said that return to shelter is not the only negative outcome, that you can be homeless without entering shelter, and that many families get displaced out of DC entirely at the end of the program. This year, for the first time, DHS acknowledged and agreed with that assessment, saying that:

    “At the core of DHS’s values and mission is the well-being of families. This line of questions implies that DHS would consider any non-return to shelter a success without regard for harms that families may experience. DHS is not myopic and does not ever consider evictions, overcrowding, being subject to violence and abuse, or further instability as measures of success.”

    Do families in rapid re-housing increase their income in the program?

    Only 26% of families in FY21 saw their income increase, an average of $39/month. (Yet DC pays $863/month for case management services– a number that is set to increase in FY23 to over $900/month.)

    What is the amount of income of families in rapid re-housing?

    75% of families in program receive Temporary Assistance for Needy Families. (A family of 3 receives a maximum of $658 in that program.)

    How many families can afford rent when they hit the time limit?

    Only 3% of families in rapid re-housing can afford rent without further assistance when they are terminated for reaching a time limit.

    What is the impact of time limit terminations on Black families and individuals?

    We know that 97% of families in rapid re-housing are Black, and even higher percentage than the percentage of the homeless population that are Black (88%).

    Next Steps

    1. For questions or to join the campaign to reform rapid re-housing, contact Amber Harding, Director of Policy and Advocacy at the Washington Legal Clinic for the Homeless: amber@legalclinic.org.
    2. Sign up to testify at the October 20 hearing by the close of business on Thursday, October 13, 2022.
    3. If you are an organization, sign onto a letter supporting the passage of the bill here.

  • Despite Strong Community Opposition, DC Elected Officials Segregate and Exclude Immigrants from Homeless Services

    On Tuesday, September 20, 2022, the DC Council passed The Migrant Services and Supports Emergency Act of 2022 without making any of the significant changes that we advocated for. Councilmember Pinto tried to amend the bill to remove many of the harmful provisions and to add in legal and safety protections for migrants. Councilmember Nadeau and Mayor Bowser strongly opposed the amendment, and managed to convince their colleagues to follow their lead. Councilmembers Silverman, Lewis George, and Gray voted for Pinto’s amendment, but it failed 9-4.

    The result is that recent migrants have no legal, health or safety protections, no right to shelter when it is freezing outside, and no guarantee they will receive any services. Other immigrants, those who may have been here for a long time, have also lost their right to shelter in freezing weather, can be deemed ineligible or terminated from all homeless services and they have no right to services provided by the Office of Migrant Services because they are not “recent migrants.” We cannot tell you whether this far-reaching negative impact was the result of sloppy drafting or bad intentions– only that nine DC Councilmembers had fair warning of the impact and voted against an amendment that would have removed much of the harm.

    There is still a chance to undo the damage, though, in the temporary and permanent legislation. Councilmember Nadeau has set a hearing for October 20 on the bill, and has pledged to continue to work on changes, despite her strong opposition to Pinto’s amendment. The temporary bill will be voted on on October 4. Read more about the impact of the bill from immigration and public benefit experts at Legal Aid here.

    While the outcome of the emergency legiglation was demoralizing, we are heartened by the strong response from the community to advocate for justice for unhoused immigrants. In just one business day, 38 experts and organizations signed the letter below and over 200 individuals emailed the DC Council, asking them to remove harmful sections of the emergency bill. (We also very much appreciate the group effort it took to analyze the impact of the bill, in particular from immigration law experts and mutual aid groups that are directly providing critical services to this population!)

    Here are some ways to get involved:

    1. Reach out to amber@legalclinic.org to stay involved in this campaign.
    2. Sign up for the hearing on October 20.
    3. If you are an organization, sign onto a letter supporting major changes to the permanent legislation here.
    4. Reach out to the members of the Human Services Committee (bnadeau@dccouncil.gov; bpinto@dccouncil.gov; jlewisgeorge@dccouncil.gov; rwhite@dccouncil.gov; and esilverman@dccouncil.gov) and tell them not to segregate or exclude immigrants from DC services.

    Letter sent September 19:

    Dear DC Council,

    We are asking the DC Council to reject the Migrant Services and Supports Emergency Act of 2022 as written, and to quickly revise and limit its scope consistent with the points below.

    On Tuesday, you will be asked to vote on a bill that creates the Office of Migrant Services, which we applaud. Unfortunately, the bill goes much farther than that, including eroding the right to shelter for immigrant and non-immigrant residents of the District right on the eve of hypothermia season—risking the health and lives of unhoused DC residents. With no hearing and only a few days to discuss the bill, you will be asked to vote on a bill that could have significant unintended consequences this winter.  Further, any bill that seeks to change the eligibility standards for our homeless continuum of care system should not be addressed in emergency legislation.

    We fundamentally believe that DC should be providing anyone within our quasi-state borders the services and assistance they need to meet their basic needs, to travel on their way to their final destination, and to make DC their home if choose to stay here– regardless of what state or country a new resident has come from. Immigrants of all countries of origins, languages, and incomes should be welcomed and supported as new residents. We understand that this humanitarian crisis before us was created to make a political point in a progressive city—that immigrants are a drain on resources and are somehow taking away jobs or assistance from U.S. citizens. We reject this and ask that you not pass legislation that feeds into this narrative by excluding recent immigrants from DC resources and services.

    We would support a bill that:

    • Requires that specialized services and resources are provided to the migrant community;
    • Ensures that services are culturally competent and accessible;
    • Supplements gaps in other systems, such as ensuring migrants who do not intend to remain in DC, therefore would not be considered DC residents for purposes of other public benefits, are served by the Office of Migrant Services; and
    • Requires basic due process, minimal health protections and other legal rights are granted to recipients of services.

    We will not support a bill that:

    • Endorses or creates a system that will be used to segregate migrants against their will;
    • Will be used to justify denying migrants who want to stay in DC mainstream services if that is what they choose; or
    • Will be used to further limit the right to shelter, define people out of homelessness who are in fact homeless, or increase bureaucratic barriers to shelter such as additional residency documents.

    Sincerely,

    1. ACLU of the District of Columbia
    2. Advocates for Justice and Education
    3. African Communities Together
    4. Ayuda
    5. Marta Beresin, Deputy Director, Health Justice Alliance, Georgetown University Law Center
    6. Bread for the City
    7. Children’s Law Center
    8. Coalition for the Homeless
    9. Coalition for Nonprofit Housing and Economic Development (CNHED)
    10. DC Coalition Against Domestic Violence
    11. DC Fiscal Policy Institute
    12. DC SAFE
    13. DC Statehood Green Party
    14. DC Tenants’ Rights Center
    15. Disability Rights DC
    16. District of Columbia Behavioral Health Association
    17. Empower DC
    18. Equal Rights Center
    19. Fair Budget Coalition
    20. Friendship Place
    21. HIPS
    22. Homeless Children’s Playtime Project
    23. Jews United for Justice
    24. Jubilee Housing
    25. La Clinica del Pueblo
    26. Legal Aid Society of the District of Columbia
    27. Many Languages One Voice (MLOV)
    28. Miriam’s Kitchen
    29. Mother’s Outreach Network
    30. Platform of Hope
    31. Sasha Bruce
    32. Sex Worker Advocates Coalition (SWAC)
    33. SPACES In Action
    34. TENAC (DC Tenants’ Advocacy Coalition)
    35. Tzedek DC
    36. Washington Lawyers’ Committee for Civil Rights and Urban Affairs
    37. Washington Legal Clinic for the Homeless
    38. Peter Wood, ANC Commissioner, SMD 1C03

  • The Migrant Services and Supports Emergency Act of 2022: A Poisoned Apple

    The Migrant Services and Supports Emergency Act of 2022: A Poisoned Apple

    The Migrant Services and Supports Emergency Act of 2022 is nearly completely a poisoned apple– it may look like a ripe, shiny apple at first glance, but it only takes one bite to feel its poison. [New: take action here!]

    DC is a sanctuary city, which is supposed to mean our services and policies are welcoming to immigrants, documented or not, and we are committed to providing safe respite from federal immigration enforcement. DC should be providing anyone within our quasi-state borders the services and assistance they need to meet their basic needs, to travel on their way to their final destination, and to make DC their home if choose to stay here– regardless of what state or country a new resident has come from. Immigrants of all countries of origins, languages, and incomes should be welcomed and supported as new residents. We reject any assertion that immigrants are in competition with long-time DC residents for resources, as DC has sufficient resources to meet the needs of all who come here. Similarly, we reject the scarcity mindset that leads to pitting these populations against each other.

    Starting this summer, when Arizona and Texas began busing migrants to DC, numerous migrants and mutual aid workers (who stepped in to help when the DC government failed to do so) reached out to our office for assistance. There were concerns about the segregation of families outside of the shelter system into hotels on New York Ave with no access to services, including helping families register their children for school. We heard complaints about staff treatment in the hotels the families were placed in, the conditions of the hotels, and the time it took to transport children to school from the hotels. One woman reached out because the government told her family they could not stay together.

    DC was caught flat-footed to some degree, so it is understandable that there were bumps in the road. Ten members of the DC Council urged the Mayor to devote resources to this crisis in July. Even the Washington Post Editorial Board (traditionally quite supportive of Mayor Bowser) urged her to back her “sanctuary city” rhetoric with actions and policies. While we certainly could argue, as many have, that a coordinated response should have come more quickly, we were nonetheless happy to see the mayor announce the funding and creation of the Office of Migrant Services.

    But then we read the emergency bill Mayor Bowser sent to the Council.

    Below is our initial analysis of the bill, which will be voted on on Tuesday, September 20. (Caveat: we are basing our analysis on a draft bill that may have changed or will change by Tuesday.) We have marked whether we believe each section is helpful (green) or harmful (red). You can also read an analysis of the bill by our colleagues at the Legal Aid Society here.

    1. Establishes an office to provide a variety of services to recent immigrants, including those who are on their way to another state (who are not now eligible for any homeless services).
    2. States that temporary shelter may be provided in congregate settings, meaning shared living and bathing facilities. Families experiencing homelessness are by law required to be placed in private rooms due to serious concerns about the safety and privacy of children. (This is the second time Mayor Bowser has tried to remove that protection for families. The last time was in 2015.)
    3. Gives the Mayor unfettered discretion in determining who is or is not eligible for these services.
    4. Allows the Mayor to enter into contracts or provide grants to organizations to provide services.
    5. Update: this section has been fixed! Removes oversight for any such contracts, an important check on mayoral authority.
    6. Excludes services provided by the Office of Migrant Services from the Homeless Services Reform Act, meaning that migrants will not have statutory eligibility (including who qualifies as a family), client rights, written notices of adverse action, or ability to appeal denial or termination of services, among many other statutory (and Constitutional) protections. They also have no right to shelter in extreme weather.
    7. Eliminates receipt of DC Healthcare Alliance as a way of proving DC residency for homeless services. This exclusion will likely exclude many undocumented immigrants from homeless services, whether they are recent migrants or not, and many non-immigrants as well. DC Healthcare Alliance is one of the only public benefits other than shelter that is available to undocumented immigrants, and very few undocumented immigrants will have any of the other acceptable documents to prove DC residency.
    8. Update: this section has been removed! Doubles the verification requirement to prove DC residency. This amendment does not just apply to recent migrants or immigrants in general. If this bill passes, many longtime DC residents will be denied shelter because they cannot provide two different types of proof that they live in DC and intend to stay here. The DC Council rejected Mayor Bowser’s attempt to make this very amendment 5 years ago, in 2017: “The original bill would have expanded the list of acceptable documents to prove D.C. residency, while increasing the number of documents applicants must provide, from one to two. The [Human Services] committee rejected the increase and altered language so that receiving assistance from a different arm of city government would be sufficient to prove residency.”
    9. Removes or drastically limits the exemption for providing proof of residence for people seeking asylum or refuge. While the Council in 2017 rightfully recognized and required that victims of domestic violence, people seeking asylum, and refugees would be unable to provide proof of DC residency, this bill narrows that exemption and excludes anyone eligible for services under the Office of Migrant Services under this bill. The impact will be that recent immigrants seeking asylum or refuge will be required to provide two documents to prove their DC residency, which would almost completely negate the well-founded exemption and result in immigrant families being excluded from lifesaving shelter.

    The bill explicitly segregates services based on the applicant’s country of origin or how recently they have immigrated and provides a lesser level of services and rights to recent immigrants, explicitly removing the rights and protections that other people without homes are entitled to in DC. It creates a sub-class of people, and provides no assurance of high quality services to meet their needs. At the same time, it poisons the eligibility process for non-immigrants and immigrants who have been here longer, by making it doubly hard for families to prove eligibility for shelter, despite explicit rejection of that proposal five years ago.

    More subtly, but equally harmful, the bill would create a system where, contrary to two decades of a policy that DC government shall not ask public benefit applicants about immigration status, the only way to implement this bill is to ask people about their immigration status and history. See Mayoral Order 92-49, dated April 29, 1992. Asking shelter or service applicants about country of origin, or immigration status, in order to determine eligibility for homeless services or to refer to the new Office will deter people from seeking lifesaving public benefits, such as shelter. We know this, which is why we prohibit the DC government from asking these questions.

    We are asking the DC Council to reject the Migrant Services and Supports Emergency Act of 2022 as written and give it a complete overhaul. We would support a bill that:

    • Requires that specialized services and resources are provided to migrant community;
    • Ensures services are culturally competent and accessible;
    • Supplements gaps in other systems, such as ensuring migrants who do not intend to remain in DC, therefore would not be considered DC residents for purposes of other public benefits, are served by the Office of Migrant Services; and
    • Ensures basic due process and other legal rights to recipients of services.

    We will not support a bill that:

    • Endorses or creates a system that will be used to segregate migrants against their will;
    • Will be used to justify denying migrants mainstream services if that is what they choose, such as shelter; or
    • Will be used to further limit the right to shelter, define people out of homelessness who are in fact homeless, or increase bureaucratic barriers to shelter such as residency documents.

    Take Action! Contact your councilmember, including “at-large” members and the Chair, and tell them to vote no on this bill unless it is amended to protect the rights of immigrants and all people experiencing homelessness. Contact amber@legalclinic.org for more information or to sign onto a letter to the Council to demand a more just law. 

    You can use the contact information below or do this one-click email to reach all of them!

    Councilmember Ward/at-large Email Twitter handle
    Brianne Nadeau 1 bnadeau@dccouncil.gov @brianneknadeau
    Brooke Pinto 2 bpinto@dccouncil.gov @brookepintodc
    Mary Cheh 3 mcheh@dccouncil.gov @marycheh
    Janeese Lewis George 4 jlewisgeorge@dccouncil.gov @Janeese4DC
    Kenyan McDuffie 5 kmcduffie@dccouncil.gov @kenyanmcduffie
    Charles Allen 6 callen@dccouncil.gov @charlesallen
    Vincent Gray 7 vgray@dccouncil.gov @VinceGrayWard7
    Trayon White 8 twhite@dccouncil.gov @trayonwhite
    Anita Bonds At-large abonds@dccouncil.gov @AnitaBondsDC
    Christina Henderson At-large chenderson@dccouncil.gov @chenderson
    Elissa Silverman At-large esilverman@dccouncil.gov @tweetelissa
    Robert White At-large rwhite@dccouncil.gov @CMRobertWhiteDC
    Phil Mendelson Chair pmendelson@dccouncil.gov @ChmnMendelson

    Update: ​On Tuesday, September 20, 2022, the DC Council passed the emergency legislation without making the changes that we advocated for. Councilmember Pinto tried to amend the bill to remove many of the harmful provisions and to add in legal and safety protections for migrants. Councilmembers Silverman, Lewis George and Gray voted for her amendment, but it failed 9-4.  There is still a chance to undo the damage, though, in the temporary and permanent legislation. Councilmember Nadeau has set a hearing for October 20 on the bill, and has pledged to continue to work on changes, despite her strong opposition to Pinto’s amendment.

    Here are some ways to get involved:

    1. Reach out to amber@legalclinic.org to stay involved in this campaign or to sign onto the letter.
    2. Sign up for the hearing on October 20.
    3. The Migrant Solidarity Mutual Aid Network is holding a webinar about their work Thursday, 9/29, 6-7pm, and Friday, 9/30, 12-1pm. Sign up here: bit.ly/txsolidarity-webinar.
    4. Read more about the impact of the bill from immigration and public benefit experts at Legal Aid here.
    5. Reach out to the members of the Human Services Committee (Nadeau, Pinto, Lewis George, Robert White, and Silverman) and tell them to fix this bill, and not segregate or exclude immigrants from DC services.

  • That’s a Wrap for DC’s Budget: Did We Meet Our Goals for Housing?

    That’s a Wrap for DC’s Budget: Did We Meet Our Goals for Housing?

    The answer is yes, and no! Our collective advocacy during the fiscal year 2023 budget season led to significant policy wins, and increased investment in deeply affordable housing. It’s heartening to be part of, and bear witness to, these collective efforts and we aim to keep that energy strong because there is much left to be done – despite the progress made, the need in DC for these resources still far outstrips the investments. One important point of unfinished business remains the rapid re-housing program. We waged a strong campaign this budget cycle to reform this time-limited housing subsidy program, but our goals have not yet been reached. We remain focused on the need for this reform because every day that goes by without it, more families face housing loss and instability in the District of Columbia

    Securing investments for programs that best serve our clients was a different challenge this year than it was during the previous budget season. The Council struggled to increase investments in the programs we were advocating for without also increasing revenue. We saw far higher investments in housing last year, when a tax increase was devoted to housing and other important programs. DC does have a very large local budget that could meet the basic needs of its residents if priorities were different, getting the entire Council to agree on what funding to reallocate in order to significantly expand housing programs is extraordinarily challenging. For example, the greatest increase in housing resources by the Council only happened when the Chairman made a cut the Housing Production Trust Fund and used those resources to fund Targeted Affordable Housing. It is not ideal to make cuts to one housing tool to fund another, but in this case, it was the only option presented. Ultimately, if there is to be meaningful, sustainable, progress on reducing income inequality and housing injustice in DC the Council must identify or create a better path to funding Council-wide priorities.

    Now that the FY23 budget season has drawn to a close, here’s a recap of how a few of our high-priority housing asks fared:

    Ending Homelessness

    You might recall from earlier in the budget season that the mayor fully funded our asks for Permanent Supportive Housing. The Council maintained the same level of funding.

    The remainder of our asks to end homelessness, however, were only partially funded. The Council funded 395 of our 1040 goal for Targeted Affordable Housing vouchers for homeless families; 20 of our 800 goal for Local Rent Supplement tenant vouchers for homeless families on the DC Housing Authority waiting list; and 23 of our 60 goal for Local Rent Supplement tenant vouchers for returning citizens.

    Civil Rights Legislation

    The DC Council fully funded the recently-passed Eviction Record Sealing Authority and Fairness in Renting Amendment Act of 2022, which will update our eviction laws, seal eviction records, and reduce barriers to rental housing. While parts of the law are already in effect, the remainder of the law can now go into effect October 1, 2022. We also asked the Council to pass and fund the Human Rights Enhancement Amendment Act of 2021. The bill has been “pre-funded,” meaning the money is available once the law is passed, and the bill is moving quickly—it just needs one more vote. We fully expect it to be passed soon and go into effect October 1, 2022.

    Update: The Human Rights Enhancement Amendment Act of 2021 passed on June 28! Homelessness is now covered as a protected class under the DC Human Rights Act!

    Rent Relief

    We advocated for increased funds for eviction prevention this year and, while the investments did not completely fulfill our goal, DC did dedicate historic levels of funding for eviction prevention. We recommended an additional $187 million in FY22 and $200 million in FY23—all in the Emergency Rental Assistance Program (ERAP). The mayor proposed increasing ERAP by $73.9 million in FY22 and $27.7 million in FY23 above the approved FY22 budget. The Council then added $300,000 for FY23.

    Repairing Public Housing

    This budget season we and our coalition partners set a goal of $60 million for badly needed repairs for DC’s public housing stock. Mayor Bowser invested $50 million in her budget, and the Council then added $1.12 million, for a total of $51.12 million. While it didn’t quite reach our goal, this is the greatest local investment in public housing repairs DC has ever had.

    Building Deeply Affordable Housing

    The mayor dedicated nearly $500 million for the Housing Production Trust Fund and matched enough operating dollars to build deeply affordable housing. We asked the Council to restore the $82 million that should have been spent on building housing for the lowest income DC residents last year but was not—to no avail. In fact, in order to fund the new Targeted Affordable Housing vouchers, the Council took money out of the trust fund. With our advocacy and support, some Councilmembers drafted language to make sure the cut did not reduce the part of the pot devoted to building housing for the lowest-income households. Unfortunately, Councilmember Bonds opposed the clarification and successfully moved an amendment to strike it. As a result, the Council has reduced the amount of money dedicated to building affordable housing, including deeply affordable housing.

    We also advocated for the Council to develop greater enforcement and oversight mechanisms to ensure that the money dedicated for building housing for residents making 0-30% of Area Median Income is actually spent in accordance with statutory requirements. Here, we were successful. The Council passed legislation that increases transparency around the project selection process and spending by increasing reporting requirements and requiring that the mayor seek a waiver if the Administration expects to miss its mandatory spending targets for deeply affordable housing.

    Rapid Re-housing Reform

    We led a powerful campaign to reform rapid re-housing this budget season. With our partners, we briefed the Council on homelessness and housing programs in February, with a special emphasis on the current situation with rapid re-housing. Sixty-six organizations signed onto a letter to the Council and almost 400 individuals emailed the Council to demand reform. We and our allies testified at multiple hearings and had many meetings with councilmembers and staff. For the first time since 2019, we had in-person walk-arounds and the Fair Budget Coalition organized a compelling art installation outside the John A. Wilson Building, with one house for each family facing a time limit termination this year.

    We think it is fair to say that the majority of the Council heard us loud and clear and were persuaded that rapid re-housing is a failing program that harms DC families. (Since 97% of rapid re-housing participants are Black, it is also a program that disproportionately harms Black DC residents, amplifying the need for radical reform.)  We had two primary asks: 1) fund enough permanent housing vouchers so families can exit through the program into housing stability and 2) pass legislation to ensure that families who, through no fault of their own, cannot afford rent at the end of the subsidy time period continue to be supported until a permanent housing program is available—basically putting an end to arbitrary time limits. (Contrary to what the Bowser Administration has repeatedly said, nothing in this ensures a right to housing, as lovely as that would be, just like requiring for-cause evictions in rental housing does not equate to legislating a right to housing.)

    Councilmember Robert White and Chairman Mendelson were able to fund some additional permanent housing that would go to rapid re-housing families, although not quite enough to meet the full need. Chairman Mendelson and Councilmember Janeese Lewis George led the effort to draft and push forward legislation to reform rapid re-housing, but then the Department of Human Services claimed that the legislation would cost DC $100 million. While Councilmembers were skeptical of that claim, and the agency’s math appeared to be quite flawed, including underestimating their own budget by around $20 million, the Council was unable to get the cost down to a manageable number during this year’s budget. Therefore, Chairman Mendelson did not include the language in the Budget Support Act. However, he did announce that he planned to introduce it as permanent legislation soon and to work to pass it by the end of the year.

    Unfortunately, not achieving rapid re-housing reform this budget cycle means the over 900 families set to receive termination notices this year will not all get the relief they desperately need, although some will get prioritized for the new housing subsidies next year. DHS has admitted that 272 of the first round of families losing assistance already have been terminated with no additional assistance. At this time, many of those families are likely to owe back rent and will face eviction imminently. During the budget process we learned that only 3% of families can afford their rent after being terminated from rapid re-housing with no further assistance—a truly mind-boggling rate of failure for the program.

    As for next steps, we continue to provide legal representation for families being terminated from rapid re-housing and will keep you apprised of further developments. We believe the permanent legislation on rapid re-housing will be introduced very soon, and we also expect to continue to work on reducing the barriers to vouchers for our clients that the DC Housing Authority persists in maintaining. We truly appreciate everyone’s efforts this budget season and will continue to keep you apprised of opportunities for advocacy. We know that real reform never comes as quickly as we think it should, but we very much believe we have laid critical groundwork for transformational change.

    Update: Permanent legislation to reform rapid re-housing was introduced June 27! Co-introducers include: Mendelson, Nadeau, Bonds, Allen, McDuffie, Robert White, Pinto, and Silverman. We will update you when a hearing is scheduled!

     

  • What Did Mayor Bowser Put in FY23 Budget Towards Our Housing Priorities?

    What Did Mayor Bowser Put in FY23 Budget Towards Our Housing Priorities?

    With the last budget hearing over and the Council about to really dig in on their version of DC’s budget, we wanted to share an assessment of how far Mayor Bowser’s proposed budget goes towards meeting the needs that we at the Legal Clinic, along with the Fair Budget Coalition and the Way Home campaign, have identified for affordable housing and ending homelessness. We hope the Council sees this as their critical “to do” list over the next few weeks!

    Ending Homelessness

    We are thrilled to see our full asks for Permanent Supportive Housing funded by Mayor Bowser. The rest of our asks to end family and returning citizen homelessness were not funded at all by the mayor.

    We ask the Council to fund the following vouchers to end homelessness:

    • 1040 Targeted Affordable Housing voucher for homeless families
    • 800 Local Rent Supplement tenant vouchers for homeless families on the DC Housing Authority waiting list
    • 60 Local Rent Supplement tenant vouchers for returning citizens

    Rapid Re-housing Reform

    913 families are slated for termination this year from DC’s rapid re-housing program for reaching a time limit, even though the mayor admits that 90% of the families will not be able to afford rent on their own without further assistance. (The program for single adults faces similar challenges but is much smaller in scope.) It is past time to reform rapid re-housing. The mayor has added an extra $45.6M to the program this year, as well as an extra $44.4M for next year, but has made no promises to sustain any of the families in the program. With very few permanent housing subsidies in next year’s budget so far, more families will fall off the benefits cliff next year.

    We, along with over 68 organizations and experts, are asking the DC Council to:

    • Demand that the mayor immediately withdraw all time-limit termination notices that have been issued by the Department of Human Services (DHS),
    • Devote surplus funds to maintain rapid re-housing rental support until every participant has the resources they need to afford housing,
    • Increase permanent affordable housing vouchers in next year’s budget so that rapid re-housing participants can transition into a program that better maintains housing stability, including Targeted Affordable Housing for families and Local Rent Supplement Program tenant vouchers, and
    • Reform rapid re-housing legislatively so that DC residents cannot be terminated for a time limit until they can afford rent without further assistance.

    If you would like to join us in urging the Council to reform rapid re-housing, you can sign on to this organization letter here or send an email to the Council here.

    Civil Rights Legislation

    As we laid out in this blog, the DC Council recently unanimously passed the Eviction Record Sealing Authority and Fairness in Renting Amendment Act of 2022, which will update our eviction laws and reduce barriers to rental housing. Not all of the law will go into effect, however, until it receives funding in the budget. The mayor did not devote the $450,000 needed in FY23 to have the entire law be enforceable and in effect. We are also asking the Council to pass and fund the Human Rights Enhancement Amendment Act of 2021.

    Utility and Rent Relief

    With the moratoria on evictions and utility shut offs lifted, it is critical that DC maintains sufficient funding for rent and utility relief. DC must ensure residents can access sufficient funds to pay back rent and utility arrears (including phone and internet) to prevent massive displacement, trauma, and homelessness. We are still looking into the utility investments. For rent relief, we recommended an additional $187 million in FY22 and $200 million in FY23—all in the Emergency Rental Assistance Program (ERAP). It looks like the Mayor has proposed increasing ERAP by $73.9M in FY22 and $27.7M in FY23 above the approved FY22 budget. That’s a great start, particularly when in years past the mayor has regularly cut ERAP funds in her proposal, but we still have far to go to meet the need.

    Repairing Public Housing

    Mayor Bowser invested $50M into repairing public housing, more than she has ever invested before, and the same as the total amount of funding for repairs the last two fiscal years. It is an excellent start, and we look forward to the Council finding the remaining $10M and, just as importantly, building in some requirements to ensure that the money is spent well to meet the urgent needs of public housing residents.

    Building Deeply Affordable Housing

    While the mayor put in $500M for the Housing Production Trust Fund and appears to have matched enough operating dollars to build deeply affordable housing with that money, we are still asking the Council to restore the $82M that should have been spent on building housing for the lowest income DC residents to that purpose. We are also asking the Council to develop greater enforcement and oversight mechanisms to ensure that the money dedicated for building housing for residents making 0-30% of Area Median Income is actually spent in accordance with statutory requirements.

    For more details on our policy and legislative asks around these recommendations, please check out our testimony submitted to the Committee of the Whole on Friday, April 8.

  • Over 50 Organizations and Experts Demand That the DC Council Reform Rapid Re-housing

    The following letter was submitted to the DC Council on behalf of 69 organizations and experts. Don’t forget to send an email and sign up for a call-in day echoing these asks to your elected leaders!

    DC Council members,

    We, the undersigned organizations, join together to ask you to stop Mayor Bowser from terminating DC residents from the rapid re-housing program for hitting an arbitrary time limit. This year, as many as 913 families are facing time limit terminations. The Bowser Administration estimates that 90% of these families would not be able to afford rent on their own if their subsidy was terminated.

    The lack of affordable housing in the District of Columbia is a structural, systemic problem with deep roots that demands comprehensive and sustained solutions. Cutting DC residents from rental assistance for hitting a time limit when they cannot afford market rent on their own is unfair, unjust, and will lead to increased evictions and homelessness–disproportionately harming Black residents and other communities of color.

    We ask you to:

    • Demand that the Mayor immediately withdraw all time-limit termination notices that have been issued by the Department of Human Services (DHS),
    • Devote surplus funds to maintain rapid re-housing rental support until every participant has the resources they need to afford housing,
    • Increase permanent affordable housing vouchers in next year’s budget so that rapid re-housing participants can transition into a program that better maintains housing stability, including Targeted Affordable Housing for families and Local Rent Supplement Program tenant vouchers, and
    • Reform rapid re-housing legislatively so that DC residents cannot be terminated for a time limit until they can afford rent without further assistance.

    Sincerely,

     

    Amara Legal Center

    Asian Pacific American Legal Resource Center

    Asian/Pacific Islander Domestic Violence Resource Project

    Black Swan Academy

    Nia Bodrick, Pediatrician

    Bread for the City

    Cancel Rent DC

    Capital Pride Alliance

    Dr. Ana Caskin, Assistant Professor of Pediatrics, Georgetown University School of Medicine

    Children’s Law Center

    Coalition for Smarter Growth

    DC Action

    DC Asthma Coalition

    DC Coalition Against Domestic Violence

    DC for Democracy

    DC Fiscal Policy Institute

    DC KinCare Alliance

    DC Tenants’ Rights Center

    DC Statehood Green Party

    District Alliance for Safe Housing, Inc

    Empower DC

    Equal Rights Center

    Fair Budget Coalition

    Valerie Schneider, Director, Fair Housing Clinic, Howard University School of Law

    Fay Law Group, P.A.

    Eduardo Fox, Pediatrician

    Family and Youth Initiative

    Friendship Place

    Georgia Avenue Family Support Collaborative (GAFSC)

    GLAA

    Yael Cannon, Associate Professor and Director; Marta Beresin, Visiting Professor; Ashley Nyce, Supervising Attorney/Clinical Teaching Fellow; Lillian Kang, Supervising Attorney/Clinical Teaching Fellow (Health Justice Alliance Law Clinic, Georgetown University Law Center)

    Homeless Children’s Playtime Project

    Housing Is a Human Right

    Institute for Public Health Innovation

    Jews United for Justice

    Latino Economic Development Center

    Legal Aid Society of the District of Columbia

    Legal Counsel for the Elderly

    Lincoln Temple United Church of Christ

    Mother’s Outreach Network

    NAACP DC

    National Coalition for the Homeless

    National Homelessness Law Center

    Pathways to Housing DC

    The Person Center

    The Platform of Hope

    Positive Force DC

    Plymouth Congregational UCC Board of Social Action

    RHP Inc

    Rising for Justice

    Keeshea Turner Roberts, Adjunct Clinical Law Professor

    Save Us Now Inc

    SchoolHouse Connection

    Serve Your City

    Spaces in Action

    Sunrise DC

    Tzedek DC

    United Neighbors Ward 5

    Washington AIDS Partnership

    Washington Lawyers’ Committee for Civil Rights and Urban Affairs

    The Washington Legal Clinic for the Homeless

    We Are Family Senior Outreach Network

    Caroline Wick, Practitioner-In-Residence, American University Washington College of Law

    Ward 6 Mutual Aid

    Woodner Tenants’ Union

    Yachad

     

     

     

  • Action Alert: It’s Past Time to Reform Rapid Re-housing!

    Action Alert: It’s Past Time to Reform Rapid Re-housing!

    The Department of Human Services is planning to terminate as many as 913 families from rapid re-housing this year. They estimate that 90% of these families will be unable to pay their rent without further assistance. The first group of families will lose their rental assistance this Friday, April 1. You can read more about the crisis here.

    The Legal Clinic, along with the Fair Budget Coalition, is advocating for money to keep these families housed, an increase in permanent affordable housing subsidies, and legislative reform to make sure that this problem gets fixed systemically—so another 913 families don’t face displacement next year.

    We need your help! Here are some ways to get and stay involved:

    1. Organizations: sign-on statement. (Check out current list of supporters here.)
    2. Individuals: email action to DC Council
    3. Jews United for Justice (JUFJ) Call-in day: 4/14
    4. Share the email action with your networks! For social media, use #EndTheCliff and #HousingIsJustice.
    5. Email frankie@fairbudget.org to get involved in a direct action.
    6. If you want to be added to a google group to continue conversations and work on this campaign, email amber@legalclinic.org.

    Here is our ask, that the DC Council:

    1. Demand that the Mayor immediately withdraw all time-limit termination notices that have been issued by the Department of Human Services (DHS),
    2. Devote surplus funds to maintain rapid re-housing rent support until every participant has the resources they need to afford housing,
    3. Increase permanent affordable housing vouchers in next year’s budget so that rapid re-housing participants can transition into a program that better maintains housing stability, including Targeted Affordable Housing for families and Local Rent Supplement Program tenant vouchers, and
    4. Reform rapid re-housing legislatively so that DC residents cannot be terminated for a time limit until they can afford rent without further assistance. 

  • Legal Clinic Priorities for Funding and Reform in 2022

    Echoing the FY23 Fair Budget Coalition platform call for DC officials to view this year’s budget process as an ‘Act of Justice,’ the Legal Clinic is entering this budget season with a focus on housing justice. Despite living in a well-resourced District of Columbia, DC residents are facing homelessness, housing instability, and crisis-level lack of affordable housing every day, so there is much work to be done to address these issues in DC in order to further housing justice. The budget process is an opportunity to do just that. Outlined below are the funding and reform priorities that Legal Clinic staff and advocacy allies will focus on in 2022. The Legal Clinic is an active member of the Fair Budget Coalition and the Way Home Campaign, and our spending priorities for the FY23 DC budget are developed in collaboration with these coalitions.

    Homelessness

    Encampments

    The Bowser Administration has escalated its efforts to clear and remove encampments despite CDC guidance to suspend all encampment clearings. (“Clearing encampments can cause people to disperse throughout the community and break connections with service providers. This increases the potential for infectious disease spread.”) The CARE pilot, which increased clearings and established “no tent” zones, is inhumane, dangerous, and prompted at least in part by complaints from housed residents about the presence of people who are homeless in their neighborhoods. The solution to street homelessness is housing, not further displacement.

    Our Ask:

    Immediately suspend the CARE pilot and all full encampment clearings now and after the pandemic. Instead, conduct trash-only clearings, provide additional trash cans at encampments, and maintain portable bathrooms and hand washing stations after the end of the pandemic.

    Budget impact: DC could save money by ending clearings.

    Protections from COVID-19

    Many people experiencing homelessness have been medically determined to be at high risk of dying of COVID-19 and need a safe placement in a hotel – in DC this program is called the Pandemic Emergency Program for Medically Vulnerable Individuals (PEP-V). (They are at greater risk of contracting and dying of COVID-19 because they live on the street or in a congregate shelter and are older or have serious medical conditions.) The federal government is paying 100% of costs for PEP-V through April. Right now, there are hundreds of vacancies in PEP-V, while hundreds of eligible people wait to be placed. In January, we sent a letter on behalf of over 35 organizations, asking the Bowser Administration to lower barriers to PEP-V, including removing the requirement that residents be matched to permanent housing. We also asked that DC maintain COVID-19 mitigation measures consistently to be prepared for a new variant. Finally, it is concerning that DC has decided to no longer report COVID-19 cases publicly for subpopulations, including people experiencing homelessness.

    Our Ask:

    Maintain mitigation measures and public reporting of cases. Lower barriers to PEP-V. Require PEP-V programs to comply with the Homeless Services Reform Act, including critical due process protections. Use local dollars to sustain PEP-V if the federal money lapses.

    Budget Impact: TBD.

    Emergency shelter system for single adults

    Most singles shelters are large, congregate spaces with poor conditions. Several of them are slated for redevelopment or replacement. Last year, Mayor Bowser dedicated $50 million in federal funds to buying a hotel and converting it to bridge or permanent housing. We believe that DC should learn from the pandemic and convert more of its shelters into humane, private spaces where people are less likely to contract diseases.

    Our Ask:

    Explore redeveloping more hotels and other spaces into humane, private shelter spaces for individuals.

    Budget Impact: TBD

    Emergency shelter system for families

    The Department of Human Service (DHS) is operating a family shelter intake system that is high barrier, leaving many vulnerable families in unsafe settings, risking their health and lives. Intake workers regularly unlawfully deny eligibility to families, requiring extensive documentation of homelessness in violation of the Homeless Services Reform Act (HSRA) and refusing to provide lawful notices of ineligibility when denied services.

    Our Ask:

    Amend the Homeless Services Reform Act to require a low barrier, humane family shelter eligibility process.

    Budget Impact: N/A

    Housing subsidies and vouchers

    There are 40,000 households on the DC Housing Authority waiting list and it has been closed since 2013. The vast majority of people experiencing homelessness need permanent assistance to maintain housing stability. Additionally, due to the pandemic and recent laws providing for more opportunities for release, there is an urgent need to fund housing for DC residents returning home from incarceration.

    Our Ask:

    Better oversight of both DHS and DC Housing Authority to reduce bureaucracy that can cause delays in renting units with vouchers. Drastically increase funding to permanent voucher programs and extend the Reentry Housing Pilot.

    Budget Impact:

    • $12.05 million for Permanent Supportive Housing for 260 families,
    • $13.88 million for Permanent Supportive Housing for 500 individuals,
    • $27.72 million for Targeted Affordable Housing for 1040 families,
    • $17.33 million for 800 Local Rent Supplement Program (LRSP) Tenant Vouchers,
    • $1.3 million for 60 LRSP Tenant Vouchers for returning citizens,
    • $1.8 million for the third and final year of the Reentry Housing Pilot, providing housing and services for 50 returning citizens, and
    • $700,000 for Project Reconnect for 400 individuals.

    Fair standards for tenant applications

    Even when affordability of housing is no longer a barrier, people often struggle to get housing because of exorbitant fees or irrational denials based on credit history, rental history (including eviction records), or criminal history. DC is making great strides towards reducing these barriers to housing, most recently in the passage of the Eviction Record Sealing Authority and Fairness in Renting Amendment Act of 2022. Some of the law is already in effect, but the remainder needs funding before it can go into effect. In addition, we urge the Council to pass the Human Rights Enhancement Amendment Act of 2021, which adds homelessness to the DC Human Rights Act as a protected class.

    Our Ask:

    Pass and fund the Human Rights Enhancement Amendment Act of 2021 and fund the Eviction Record Sealing Authority and Fairness in Renting Act so that housing applicants can fully enforce their legal rights.

    Budget Impact: Estimated $1 million to Office of Human Rights for enforcement. (The cost for FY22 for the Eviction Record Sealing bill is $446,319.)

    Housing Instability

    Rapid re-housing

    Rapid Re-housing is a time-limited rental subsidy program. Families are regularly terminated at the end of an arbitrary time period even though they cannot afford the rent on their own, destabilizing families and causing eviction, homelessness, and other trauma. 3400 families are in this program right now, but 913 families are slated for termination this year for a time limit, even though the Mayor admits that 90% of the families will not be able to afford rent on their own. (The program for single adults faces similar challenges but is much smaller in scope.)

    Our Ask:

    Extend all families in RRH through this fiscal year and until there are enough permanent housing subsidies to support those who need it. Amend the HSRA to prohibit time limit terminations when families are unable to afford the rent on their own. Shift resources away from RRH into more permanent subsidies over time.

    Budget Impact: Extend families in program through FY22 (amount TBD) and exit to permanent housing subsidies (see above).

    Relief for rent and utility costs

    The pandemic and associated economic recession have put tens of thousands of DC residents into economic crisis, unable to pay critical utilities or rent. The moratorium on evictions and utility shut offs was key to preventing a serious humanitarian crisis, as was the significant infusion of federal and local funds for rent and utility relief. But now, with all moratoria lifted, DC must ensure that there is adequate relief funding to prevent continued harm.

    Our Ask:

    Ensure residents can access sufficient funds to pay back rent and utility arrears to prevent massive displacement, trauma, and homelessness.

    Budget Impact: Rent relief: 1) an additional $187 million in FY22 and 2) a minimum of $200 million for FY23. Utility relief: TBD for FY22 and FY23.

    Affordable Housing Crisis

    Public housing

    For decades, DC public housing residents have complained about the deplorable conditions and dilapidated buildings in which they have been forced to reside. Due to years of disinvestment and neglect, these properties are in extreme disrepair. Currently, the DC Housing Authority is in the process of executing a large-scale public housing ‘transformation’ process that will demolish and/or renovate several public housing properties. While the transformation plan is certainly about building restoration, it must fundamentally center the residents whose homes are within those buildings, now and in the future.

    Our Ask:

    Commit to a recurring $60 million for a minimum of ten years that will address the substantial preservation, rehabilitation, and redevelopment needs of DC’s public housing properties. Support the Public Housing Preservation and Tenant Protection Amendment Act of 2020 and include its language in the Budget Support Act (BSA) to memorialize DCHA’s stated commitment to its residents, ensuring that public housing residents can rightfully access the housing that is intended for them upon any property redevelopment or transformation.

    Budget Impact: $60 million annually.

    Building new affordable housing

    DC continues to have an affordable housing crisis that threatens thousands of its residents. In particular, there is a dearth of deeply affordable housing in DC. The Housing Production Trust Fund (HPTF) is the fundamental source for creating and preserving affordable housing in DC.  Despite this fact, deeply affordable housing for those at 0-30% Area Median Income (AMI) continues to be the most underproduced in DC. The Office of the D.C. Auditor extensively documented the failures of the Department of Housing and Community Development (DHCD) to meet the HPTF’s statutory requirements over the life of the HPTF. In FY2020, despite an overall increase in the HPTF and a change requiring that fifty percent (50%) of the fund be used for 0-30% housing creation, only eighteen percent (18%) of the fund was used to create housing for that income level. Most recently, the Inspector General detailed that $82 million of the HPTF money meant for 0-30% AMI was misspent in 2020. For FY21, DHCD originally projected that a mere 27% of funds would be used for 0-30% AMI. Current data seems to indicate a failure to meet its own meager projected percentage.

    Our Ask:

    Replace the $82 million that was found to have been misspent or misappropriated from 0-30% AMI portion of the HPTF in FY20. Maintain sufficient operating funding investment so that the full amount of 0-30% AMI affordable housing creation can be built. Increase and improve Council oversight. Pass the Housing Production Trust Fund Income Targeting Accountability Amendment Act of 2021 and the Housing Production Trust Fund Transparency Amendment Act of 2021, important pieces of legislation that increase transparency and reporting requirements. Create additional legislative protections and enforcement to ensure that money meant for 0-30% AMI affordable housing creation is used as intended.

    Stay tuned for an assessment of how fully the Mayor’s proposed budget meets our funding asks.

  • DC Council Reduces Barriers to Rental Housing

    In the fall of 2015, in the basement of our office in the True Reformer building, a group of community members, service providers, advocates and District agency representatives met for the first time as a workgroup of the Interagency Council on Homelessness (ICH) to identify major barriers to housing and possible solutions. (The group later separated from the ICH and became an independent community coalition.) We identified criminal history, rental or eviction history, credit history, voucher discrimination and high fees as the biggest barriers people faced obtaining housing (beyond affordability of course). Our first major legislative effort as a coalition was to advocate for the Fair Criminal Records Screening Act for Housing, which restricts the use of criminal records in tenant screening.

    Next, we turned to considering how best to lower rental and credit barriers, implement clear expectations for applicants and landlords, and create a fair standard for screening people with vouchers. Over the last few years, we held dozens of listening sessions and focus groups with people experiencing homelessness to learn about their frustrations within the search for housing and their ideas for solutions to break down the barriers. We heard complaints about excessive application fees, lack of application status updates, lack of information as to the reason for denial, and concerns about discriminatory behavior towards applicants with vouchers. Those insightful conversations served as the framework for legislation that the coalition has worked on for the last few years—legislation that the DC Council passed on March 1 that will dramatically change that reality for our clients: the Eviction Record Sealing Authority and Fairness in Renting Amendment Act of 2022.

    Here are some highlights of the legislation (some parts of the law are already in effect through emergency legislation but others are not yet in effect):

    • Caps application fees so that applicants won’t have to pay more than $50 to apply for housing (and get the fee refunded if it isn’t used);
    • Creates an effective system for sealing eviction records, ensuring that tenants are not negatively impacted forever by eviction (DC has already sealed hundreds of thousands of records for DC residents!);
    • Strengthens voucher discrimination protections by closing loopholes, preventing landlords from asking about or denying housing to voucher holders for:
      • Credit issues, late rent, or nonpayment of rent that happened when the applicant didn’t have a voucher; or
      • Income, credit score, or lack of credit score.
    • Prohibits landlords from denying applicants based solely on credit score or based on old or irrelevant rental history or sealed evictions;
    • Requires landlords to have a transparent process for screening applicants, including telling applicants about the eligibility criteria and unit availability up front and providing written notice when an application is denied that includes all the information used in the decision;
    • Establishes clear timelines within the application process so that applicants know what to expect and can better assert their rights; and
    • Creates a process for enforcement of protections through Office of Human Rights and D.C. Superior Court.

    The path to passage of the Eviction Record Sealing Authority and Fairness in Renting Amendment Act of 2022 passage certainly was not smooth. It took years of advocacy, various hearings, and dogged persistence. We appreciate the participation and guidance of impacted community members in setting a framework for solutions. We appreciate all of our partners and allies who have been active participants in the coalition since the beginning—researching best practices, drafting language, testifying at hearings, and advocating for the strongest protections we could get. We also thank all of you who advocated for the return of key provisions protecting voucher holders after the sections were removed at the last minute. We are sincerely grateful that Councilmember Charles Allen led the effort to amend the bill so that those protections were not lost.  Additionally, we thoroughly appreciate the support and active engagement of Councilmembers Silverman, Mendelson, Cheh, and their staff in strengthening this legislation and making sure that it crossed the finish line to be unanimously passed by DC Council.

    Our clients have often faced insurmountable barriers to housing.  While this legislation does not correct all of the existing hurdles that extremely low-income residents face, it is a monumental step towards greater access to housing for all. Our next effort will be to ensure that funding is devoted in the budget so that the entire legislation goes into effect and DC residents can fully enforce their new rights.

  • Our Gratitude and Congratulations for the Alabama Ave/13th Street Coalition Members on their Vision for Housing Justice

    Our Gratitude and Congratulations for the Alabama Ave/13th Street Coalition Members on their Vision for Housing Justice

    “We refused to be marginalized and displaced. In the beginning winning simply meant standing up and fighting back. No one was going to push us out of our community without a fight.” – Ruth Barnwell President of the Alabama Ave/13th Street Tenant Coalition.

    After almost a decade and multiple lawsuits, the members of the Alabama Ave/13th Street Coalition have exercised their rights under the District’s Tenant Opportunity to Purchase Act, winning a protracted battle for housing justice against Sanford Capital and City Partners LLC. The Washington Legal Clinic for the Homeless congratulates and is deeply thankful to the Coalition members for their vision and commitment to housing justice in their community.

    The Washington Legal Clinic for the Homeless, through our Affordable Housing Initiative, first began working with these community members in 2013. At that time there were horrendous conditions on the property which landlord Sanford Capital refused to fix. The Legal Clinic and the residents alleged that the failure to make these repairs was intentional and that Sanford Capital was attempting to constructively evict the tenants to empty the buildings, making way for their demolition and redevelopment into luxury housing. But these residents refused to be pushed out of their homes.

    “Rampant land speculation in the District of Columbia means that developers are incentivized to displace working class residents because unoccupied land is more profitable than land that’s in use as affordable housing. Tens of thousands of Black DC residents have been pushed out under this development approach. The Alabama Ave/13th Street Tenant Coalition flipped the script in Congress Heights through the members’ tenacity and refusal to be displaced – these DC residents stayed on the land. The tenants knew that if they remained, eventually they would be able to exercise their rights under the Tenant Opportunity to Purchase Act (TOPA).”  –

    Will Merrifield, Affordable Housing Initiative Attorney, Washington Legal Clinic for the Homeless

    TOPA gives tenants the first opportunity to buy their building if it goes up for sale, or to assign that right to an entity of their choosing. It is a vital tool that allows tenants to push back against these short-sighted and harmful development practices, fight to remain in their own communities, and move forward inclusive development goals that meet the needs of existing residents while promoting growth. In many ways, this case came down to whether the development team was going to be able to displace the residents before they were able to exercise their TOPA rights.

    The Coalition’s resolve and vision for broader housing justice in DC culminated in its members exercising their rights under TOPA. The result of this struggle will be the development of 179 new units of affordable housing. This in and of itself is a huge win. However, it is not the only victory that the residents achieved. Their fight exposed how development practices are playing out across DC. It exposed how developers try to deprive tenants of the ability to exercise their TOPA rights, and exposed Sanford Capital as one of the District’s most notorious landlords, which received District subsidies while operating housing in slum conditions. In 2018, Sanford Capital was ordered to pay over one million dollars in restitution to the tenants at their properties, and prohibited from operating subsidized housing in DC for the next seven years.

    These outcomes were made possible by a group of residents who refused to be marginalized and pushed out. Not only did they stay and fight, but they won. The Legal Clinic is honored to represent the Coalition and proud of our staff’s passionate and committed lawyering. This hard-fought battle had many fronts: we appeared before the Zoning Commission; the Office of Administrative Hearings to challenge the horrifying conditions on the property; and the DC Superior Court, in partnership with Arnold & Porter, to secure tenants’ TOPA rights.

    We are grateful to our donors and supporters for the many contributions that enable the Legal Clinic to do this work. We’re honored to have contributed to this victory along with the Office of the Attorney General of the District of Columbia, pro bono attorneys from Arnold & Porter, and organizers with Housing Counseling Services – their dedication and excellent work makes this outcome possible. We would also like to acknowledge the community members and groups – particularly ONE DC – and fellow tenant associations who marched in the streets, packed courtrooms and supported the tenants throughout their battle. This solidarity helped to sustain the struggle and reach this victory. It is because of all of you that there will be 179 new units of affordable housing in Congress Heights.

    We at the Legal Clinic have been inspired by the members of the Alabama Ave/13th Street Coalition for many years now and are grateful to be entering 2022 energized and galvanized by their example as the work for housing justice continues across the District of Columbia.

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