Legislation to Reform Eviction and Screening Policies for Individuals with Criminal Backgrounds
On Wednesday, April 27, Representative Maxine Waters (D-CA), Ranking Member of the House Financial Services Committee, introduced legislation that seeks to reform the eviction and screening policies that govern multifamily housing properties for individuals with criminal backgrounds. “The Fair Chance at Housing Act of 2016” would overhaul eviction and screening policies for housing assistance programs. Under the bill, the standards of evidence for eviction and screening when criminal activity is involved would be revised. Public Housing Authorities (PHAs) and property owners would be required to adopt an all-inclusive approach in their determination of mitigating factors for tenants with a criminal record, such as how long ago the offense occurred or if the individual is seeking rehabilitation services.
The legislation would require an individualized review of the circumstances before denying an applicant and raise the standards of evidence that PHAs and owners must use when making screening determinations based on criminal activity. HUD would be required to issue guidance for PHAs and owners regarding reviews required in which applicants may submit mitigating evidence, including consideration of the severity and frequency of the offense(s). PHAs and owners would have to provide written notice to applicants of their screening policies, and if an applicant is denied, provide written notice of the reasons for the denial and the options for the tenant to appeal. If a PHA or owner decides to deny admission based on criminal activity, they must give the applicant the option to remove the culpable member of the household rather than subjecting the family to a blanket denial.
Under the Fair Chance at Housing Act, PHAs and owners would be required to conduct an individualized review of all circumstances when considering the eviction of a tenant based on drug use and the household must be given the option to remove the culpable member rather than subjecting the entire household to eviction. The use of drug or alcohol testing of applicants as a condition of receiving assistance is strictly prohibited.
Through the Fair Chance at Housing Act, Representative Waters seeks to reduce recidivism and prevent homelessness by helping ex-offenders find stable housing and by ensuring that those currently receiving federal assistance are not unfairly evicted. The debate over broader criminal justice reform continues to grow, and Representative Waters has expressed particular concern with the negative effects a criminal record may have on an individual’s ability to obtain safe, decent, and affordable housing. Although NAHMA does not anticipate that this bill will become law in the current Congress.
To view a section by section summary of this bill, please click here
Grassroots Action Alerts: Senator Cantwell Seeks Housing Affordability Stories & Passage of Appropriations Legislation for Housing Programs
This week, Senator Maria Cantwell (D-WA) issued a request that people who have struggled to afford housing and/or have experienced homelessness submit their stories to her office in effort to demonstrate the widespread and urgent need to invest more federal resources in affordable housing. A major goal is to promote the expansion of the Low-Income Housing Tax Credit (LIHTC); Senator Cantwell is a strong advocate for the LIHTC and has indicated her intention to introduce legislation that will expand the credit.
The request was promoted by the advocacy campaign, A Call to Invest In Our Neighborhoods (ACTION). NAHMA is a partner with ACTION and is asking members to discuss this campaign with their residents and staff for their personal stories on struggling to afford housing. Though Senator Cantwell is from the state of Washington, she is looking for stories from every state.
Additional information on how to participate in this grassroots campaign can be found on NAHMA’s Urgent Grassroots Issues webpage. Additionally, we encourage you to review and participate in another Grassroots action sent to members on Thursday regarding passage of the FY 2017 Senate appropriations bill for housing programs. Voting for the bill will likely happen next week, so we ask members to reach out to their Senators and request that they vote yes on the bill.
To view the Grassroots Action Alert on housing affordability challenges, including information on how to submit stories for Senator Cantwell, please click here.
To view the Grassroots Action Alert on the FY 2017 appropriations for housing programs, please click here
Republican Anti-Poverty Agenda Partially Released
On Monday, April 25, The Republican Study Committee’s (RSC) Empowerment Initiative released its recommendations for an anti-poverty agenda intended to modernize America’s social safety net programs. The new plan, “Strengthening Our Safety Net to Empower People,” has been submitted as part of House Speaker Paul Ryan’s (R-WI) Poverty, Opportunity, and Upward Mobility Task Force.
The poverty plan focuses on upward mobility and correcting overly bureaucratic welfare programs. For housing assistance programs like Project-Based Section 8 and Housing Choice Vouchers, the plan cites linking housing assistance with the Temporary Assistance for Needy Families (TANF) program and other welfare initiatives to make it easier for beneficiaries to receive assistance and work. For HCVs, the plan recommends reforming the program to make vouchers more accessible so that participants can move to areas where jobs are more readily available and their individual skills are valued.
The plan also recommends expansion of the Rental Assistance Demonstration (RAD) program to continue to allow housing authorities to leverage public and private debt, and that Congress should incentivize public housing authorities (PHAs) to consolidate and compete for funding based on their ability to transition people back into the workforce.
It is noted that the authors of this plan are unclear whether the federal government should play a central role in subsidizing housing, but if these programs are to exist, then they should focus on moving the poor away from dependence on federal subsidies. Overall, the plan does not offer concrete fixes to the housing assistance model of the United States, but it does suggest some initial items to reform HUD such as efforts to “reduce fraud” through periodic reviews of beneficiaries’ income as included in H.R. 4133, the Public Housing Accountability Act of 2015, introduced by Representative Bradley Byrne (R-AL).
NAHMA will continue to monitor the progress of Speaker Ryan’s Poverty, Opportunity, and Upward Mobility Task Force and will alert members if legislation to reform housing assistance programs is introduced.