Preventing and Re-Defining Homelessness How New HUD Policies Will Help More Children, Youth, and Families

1. Preventing and Re-Defining HomelessnessHow New HUD Policies Will Help More Children, Youth, and Families Phillip Lovell First Focus Jeremy Rosen National Policy and Advocacy Council on Homelessness November 15-16, 2009

2. New Housing Policies to Prevent and End Homelessness Rewriting of law governing HUD homeless assistance programs (HUD definition of homelessness) Protections for renters in foreclosed properties Prevention resources in “Recovery Act” FY 2010 HUD budget

3. When Last We Left You… Election Day, 2008 (Obama won) Foreclosures and poor economy driving increases in child, youth, and family homelessness Schools struggling to respond; HUD effectively not helping

4. Today’s State of Play New leadership at HUD and US Interagency Council on Homelessness New legislation to address homelessness New funding to address homelessness Take away: “A Mixed Bag!”

5. New Leadership at HUD and USICH New HUD Secretary and top staff have met with us, but action still needed New USICH ED just named Replaces Philip Mangano Status of regional coordinators up in air

6. Recently Enacted Legislation:HUD McKinney-Vento Reauthorization Homeless Emergency Assistance and Rapid Transition to Housing (HEARTH) Act Complete re-write of law governing HUD homeless programs HUD will have to write new detailed regulations Most changes positive, but not as far as we wanted in some key areas

7. Recently Enacted Legislation:HUD McKinney-Vento Reauthorization When is the new law effective? Homeless definition – 6 months (11/20/09) DEADLINE WILL NOT BE MET!!! Remainder of bill effective 3 months after final regulations due (8/20/10) or 18 months after bill passed (11/20/10) – in case regulations not completed on time

8. Recently Enacted Legislation:HUD McKinney-Vento Reauthorization History – HUD definition basically covers people living on the streets or in emergency and transitional shelter People living doubled up or in motels left out Major ED/HUD gap, preventing homeless students and their families from getting housing through HUD

9. Recently Enacted Legislation:HUD McKinney-Vento Reauthorization Educators and other state and local advocates brought this to the attention of national advocates NPACH, NAEHCY, First Focus led national campaign to fix the problem NAEH and other national groups opposed, along with USICH and HUD

10. Recently Enacted Legislation:HUD McKinney-Vento Reauthorization What did we want? Very simple, very easy Take existing HUD definition and add people living in motels and people living doubled up Would have brought HUD definition into near alignment with ED definition

11. Recently Enacted Legislation:HUD McKinney-Vento Reauthorization What did we get? Three new categories Unnecessarily complex Full definition language on handout

12. Recently Enacted Legislation:HUD McKinney-Vento Reauthorization Category 1: People who will lose their housing w/ in 14 days, as shown by: Court order Living in a motel and doesn’t have resources to stay for >14 days Credible evidence that they cannot stay where they are for >14 days

13. Recently Enacted Legislation:HUD McKinney-Vento Reauthorization Category 2: Unaccompanied youth and families w/ children defined as homeless under other federal laws, IF Have not been in permanent housing for a long time, AND experienced persistent instability as measured by frequent moves, AND can be expected to continue this way due to severe barriers

14. Recently Enacted Legislation:HUD McKinney-Vento Reauthorization Category 3: Individuals or families fleeing domestic violence or other dangerous or life threatening conditions in their current housing, including where the health or safety of children is jeopardized

15. Recently Enacted Legislation:HUD McKinney-Vento Reauthorization Gaps??? People in motels who have $ for 15+ days Doubled up people who are not going to be thrown out w/ in 14 days and haven’t made frequent moves Rest of people covered by ED definition are defined as “at risk of homelessness” and can only access some of HUD’s homeless assistance resources Needlessly complex, but if providers know rules, many people can be fully covered No counts of newly defined homeless persons

16. Recently Enacted Legislation:HUD McKinney-Vento Reauthorization:Provisions Related to Children and Youth Continuum of Care (CofC) plans must describe collaboration with LEA, including identification and informing of rights 2 years after enactment (5/20/11), no denying shelter based on age unless appropriate alternative living arrangements made (aka the “teenage boys law”) Programs providing services to families or youth must designate a staff person to ensure children/youth enrolled in school and receiving services Agencies must certify they will not restrict the exercise of educational rights Educational needs of children must be taken into account when placed in shelter, placing children, to the maximum extent practicable, close to school of origin

17. Recently Enacted Legislation:HUD McKinney-Vento Reauthorization New prevention resources Emergency Shelter Grant (ESG) renamed Emergency Solutions Grant; funding increased to 20% Communities can use a maximum of 3/5 for emergency shelter Remainder to prevention for “at risk” Prevention expanded – can be used for housing and other services

18. Recently Enacted Legislation:HUD McKinney-Vento Reauthorization Program simplification No more Supportive Housing Program, Shelter Plus Care, Section 8 Mod Rehab; three programs with three sets of rules New law sets up one program with one set of rules – can fund housing or services 25% match for all activities except leasing; encourages permanent housing

19. Recently Enacted Legislation:HUD McKinney-Vento Reauthorization Housing requirements / incentives 10% of funds for permanent housing for homeless families with children No disability requirement for permanent housing 30% of funds for permanent housing for disabled individuals or families with disabled head of household Families can be considered chronically homeless if head of household is disabled and other criteria are met

20. Recently Enacted Legislation:HUD McKinney-Vento Reauthorization Rural communities Can serve all populations with all interventions, whether “at risk” or “homeless” Defined as areas with population density of less than 30 per square mile, in states where more than 1.25% of land is federal Unclear for now what areas are covered; must wait for HUD to determine this

21. Renter Protections Up to 40% of foreclosed properties occupied by renters Most states offer few protections – foreclosure means lease is terminated and tenant can be evicted at any time These evictions are helping to drive current spike in family homelessness

22. Renter Protections “Regular” (not Section 8) tenants If they have a lease, they can stay until it ends EXCEPTION – If purchaser will use property as primary residence, 90 days notice can be given even if lease runs longer If no lease or lease w/ in 90 days of expiring, must be given 90 days notice

23. Renter Protections Section 8 tenants New owner post foreclosure takes property subject to existing lease between old owner and tenant AND the Section 8 contract between old owner and PHA. So no change post-foreclosure. EXCEPTION – If purchaser will use property as primary residence, 90 days notice can be given even if lease runs longer

24. Renter Protections Effective immediately Serve as a floor; if current or future state law is better, then that law applies Expire December 31, 2012 Meant to deal with current crisis Opportunity to extend if necessary

25. American Recovery and Reinvestment Act:HUD Homelessness Prevention Funds $1.5 billion for “Homelessness Prevention and Rapid Rehousing Program” (HPRP) Distributed through existing ESG formula Money has already been allocated and has “hit the streets” in past month Who got it in your community??? http://hudhre.info/documents/HPRPContactInfoJul09.pdf

26. American Recovery and Reinvestment Act:HUD HPRP Funds - Guidelines Eligible Grantees: States, metropolitan cities, urban counties Grantees may subgrant to other local units of government or nonprofits as long as local unit of government in locality where the program operates certifies that it approves of the program Likely to have occurred in many communities

27. American Recovery and Reinvestment Act:HUD HPRP Funds - Guidelines Eligible Recipients: People at risk of homelessness who need temporary rent, utility, or relocation assistance People who are homeless and need temporary assistance in order to obtain housing and retain it Both at-risk and homeless households must: Be at or below 50% of Area Median Income No appropriate subsequent housing identified Lack financial resources and support networks needed to obtain immediate housing or remain in existing housing Any person receiving rental assistance must have an initial consultation with case manager to determine need

28. American Recovery and Reinvestment Act:HUD HPRP Funds - Guidelines Eligible Activities: short-term and medium-term rental assistance (up to 18 months), deposits; housing relocation and stabilization services; housing search; mediation and outreach to property owners; legal services; credit repair; resolution of security or utility deposits; utility payments; rental assistance for a final month at a location; moving costs assistance; and Other appropriate homelessness prevention and rehousing activities - including case management to link recipients to community services and ensure continued tenancy.

29. American Recovery and Reinvestment Act:HPRP Program - More Information U.S. Department of Housing and Urban Development - Homelessness Resource Exchange - www.hudhre.info National Center for Homeless Education - www.serve.org/nche

30. FY 2010 HUD Budget • Still not approved • Will be mostly maintenance of effort • Significant new $$$ for homeless assistance ($175 million) • Very modest new Section 8 vouchers – 10k for homeless veterans (including families) and 2k+ for family unification and youth aging out of foster care

31. Next Steps For legislative emails, send email request to phillipl@firstfocus.net and/or jrosen@npach.org (or give us your card/paper with email address) For web updates: www.firstfocus.net www.naehcy.org/update.html www.npach.org

32. Contact Information Phillip Lovell Vice President, Education, Housing, & Youth Policy First Focus Phone: 202.657.0679 Email: phillipl@firstfocus.net Jeremy Rosen Executive Director National Policy and Advocacy Council on Homelessness Phone: 202.714.5378 Email: jrosen@npach.org