Homelessness Law Blog

“I’ll be around. Somehow. I used to fall asleep thinking I wouldn’t wake up. Now I know better. Now I know, honey – it goes on and on and on.”

Last February, I wrote about a woman named “V.” She’s a homeless person who sat outside our K Street office for the better part of a year. I visited with her daily, and bought her lunch from time to time. She talked about the pain she was in, her addiction to alcohol, and the vicious love of her dead father. In between, she’d point out young women on the street and insist they were looking at me.

My visits weren’t noble. I can shamefully recall a few days when I took a different path to work because I didn’t have money for her. In shielding myself from her disappointment, I denied her the human contact she so dearly coveted.

I wrote before about a man she met at church. He was kind and gentle, giving her a place to stay while she got back on her feet. Her voice swelled with pride as she described looking for a job and scented shampoo. She was sober; there was such clarity to her thoughts.

But as the weeks passed, that clarity faded. The spark of life vanished from her eyes. There were bruises on her. She wouldn’t say where they came from, but I already knew. I pressed her for information about the man she was staying with.

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Too often in our society, homeless persons are devalued, ignored, and treated with much less respect than they deserve. They become accustomed to people walking by with only a disgusted glance in their direction. This lack of acknowledgment is dehumanizing.

Earlier this week, advocates in Rhode Island gathered to acknowledge and memorialize the lives of over 35 individuals who died homeless in the state in 2011. We commend Beneficent Church in Providence for the service they held and the time they dedicated to honor those our society failed. At the memorial, names were read aloud and thirty-five candles were lit for each person, as well as an extra for those who may have been neglected. It can be very difficult to track homeless deaths and oftentimes they are left without any memorial to mark the lives they led. The service in Rhode Island is an important reminder that, like all human beings, each and every homeless person is valuable and unique.

This memorial comes while cities across the country are enacting criminalization laws that sweep homeless persons out of public view, making it difficult for them to consistently access services from community groups.

These laws, which range from prohibiting loitering, begging, or camping/sleeping in public, have proven to be very costly. Numerous studies show that supportive housing and emergency shelter cost a lot less money than putting homeless persons in jail. But beyond the practical financial considerations, it is important that we provide homeless persons the respect they deserve as individuals and do what we can to improve their situations.

The service in Rhode Island is important, but we must work to prevent unnecessary deaths from ever happening in the first place. More must be done to acknowledge homeless persons in our society and provide them with the services they require.

- Megan Huber, Development & Communications Intern

On Friday December 30, 2011, the United States Government issued its Fourth Periodic Report on the Implementation of the International Covenant on Civil and Political Rights to the United Nations Human Rights Committee.

The report, over 400 pages long, contains numerous references to human rights issues of interest to housing advocates, including: fair housing, foreclosures, public housing, racial, gender, and disability-based discrimination, domestic violence, and homelessness.   To aid advocates in responding to the report, the Law Center has produced a summary of housing references.

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On January 4, Federal Reserve Chairman Ben Bernanke sent a letter to Congress with a number of recommendations to strengthen the housing market.  Significantly, one of his key recommendations matches what the Law Center has already suggested.

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Last week, a report put out by the National Alliance to End Homelessness confirmed what we already knew: federal homelessness prevention programs are working, but much more funding is needed.

The report shows that, with a modest $1.5 billion in funding, the Homelessness Prevention and Rapid Re-housing Program (HPRP) prevented or resolved homelessness for more than one million Americans.

What does this mean?  It certainly isn’t an indication that we can take our eye off the ball.
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On this Veterans Day, I thought I’d write about why I think ending homelessness for veterans is so important, and really is achievable.  I am not a veteran.  I don’t have any family members who were veterans.  And most of my friends aren’t veterans either.

And yet, I’m outraged that even a single veteran is homeless tonight, and I’d like our country to keep on the task of doing something about that.  We know a lot about homeless veterans – honestly we’ve probably spent more time studying the issue than we need to.  But let’s throw out the numbers, statistics, and data, and just get right down to some common sense – every veteran who is homeless today, whether they served in wartime or during a period of peace, has served the country.  And each one now needs the country to help them.  So let’s roll up our sleeves and get going.

It might surprise you to learn that we already are.  There are 75,000 homeless veterans today, down from more than 100,000 a few short years ago.  Unlike with other homeless populations, and even with recent wars resulting in more homeless veterans, veterans homelessness is going in the right direction.  We’re giving apartments to 10,000 veterans a year (sometimes including a veteran with a spouse and / or children), and housing thousands more with short term help until they get back on their feet – veterans are very resilient.  And happily, though we aren’t all the way there yet, fewer and fewer new veterans are becoming homeless as prevention efforts ramp up.

While government is stepping up to help homeless veterans, we could do more.  Apartments for 10,000 vets a year?  $75 million.  A drop in the bucket even in this time of concern over deficits.  Why not double that?  Or triple it.  It would probably mean one less missile for the Department of Defense.  But something tells me they’ve got extra.  And after all, they created much of the problem, by discharging a lot of soldiers without making sure they had a safe place to go and a stable path to long term success.  So I’ll enjoy my day off today, but Monday I’ll be right back to work making sure that on future Veteran’s Days I won’t have to walk past a veteran sleeping outdoors on my way to celebrate his service.

- Jeremy Rosen, Policy Director

On October 28, I had the opportunity to participate in a groundbreaking meeting between U.N. officials; leaders of NGOs; and members of the U.S. State Department, Department of Justice (DOJ), and HUD to discuss the criminalization of homelessness and poverty and its human rights implications, as well as strategies for opposing such policies.

The meeting, organized by the Law Center, was in response to a U.N. report documenting how criminalization practices in the U.S. and other countries violate internationally recognized human rights standards.  As the Program for Human Rights and the Global Economy fall fellow at the Law Center, I was thrilled to take part in such an important meeting.

The criminalization report, presented to the U.N. in October, was written by the top U.N. expert on extreme poverty and human rights, Magdalena Sepulveda. In her report, Ms. Sepulveda identified four major human rights violations:

• Control of behavior of people in public spaces. For example, the criminalization of panhandling, eating, and sleeping.
• Discriminatory urban planning and zoning regulations. For example, there is an increasing trend of moving homeless and poor people to the outskirts of cities.
• Excessive and arbitrary restrictions on qualifying for public benefits. The U.S. has implemented a severe public benefits screening process, with the stated goal of avoiding fraud.
• The use of detention in punishing homeless and poor people. The criminal justice system has a disproportionate effect on certain communities.

The purpose of the meeting was to address these concerns and brainstorm measures to combat the criminalization of homelessness, including recommendations from the rapporteur’s report.

As a newcomer to the field of human rights, the meeting gave me hope that international officials, federal government representatives, and NGOs can work collaboratively to combat human rights violations domestically. The diversity of voices in the room forced each participant to consider new perspectives on criminalization, and highlighted the distinct role each stakeholder can play in solving the problem. Discussed strategies included: increasing or decreasing HUD and DOJ funding to states and cities based on their treatment of homeless and low-income individuals; transferring foreclosed homes to community organizations, who could use them to house homeless and low-income individuals; reducing barriers to obtaining housing upon an individual’s release from prison; and the U.S. introducing a UN resolution declaring that the criminalization of homeless and poor people is contrary to human rights.

Simply discussing criminalization through a human rights prism was important; this meeting was an unprecedented interaction between U.S. officials, non-governmental representatives, and international experts and brought much-needed attention to domestic human rights issues.  The U.S. acknowledged that violations are occurring domestically and brainstormed ways to improve the situation.

The Law Center looks forward to continuing collaboration with the U.N., the federal government, and other NGOs in implementing strategies to eliminate criminalization policies and fight homelessness in the U.S. As my time at the Law Center draws to a close, I am encouraged that the U.S. is open to addressing its own human rights violations, and that the Law Center and other non-governmental organizations are insisting that the U.S. fulfill its obligations.  My experience at the Law Center has equipped me with invaluable strategies on advocating for domestic human rights that will surely be instrumental in my future social justice legal work.

- Julia Lum, Program for Human Rights and the Global Economy Fellow

This month, decades of economic and social inequity have reached a critical mass with the rise of the Occupy Wall Street movement.  Across the country, the self-professed “99 Percent” have organized protests and occupied public parks in opposition of the moneyed interests they believe are decaying America’s middle and lower classes.

The protests raise interesting questions about the politics of homelessness and what role homeless people are playing in the Occupy movement.  As the Law Center’s human rights legal fellow, and an active participant in Occupy D.C., I’ve thought a great deal about this.  Though it doesn’t make headlines, the Occupy movement directly affects the day-to-day lives of homeless individuals.  Prior to the protestors’ occupation of McPherson Square in D.C., a less visible group occupied the park: chronically homeless people.

In contrast to the protesters, homeless people try to remain as invisible as possible to avoid arrest while carrying out their lives in public spaces.  This is because cities across the country are enacting laws criminalizing homelessness.  They’re making it illegal to carry out life-sustaining acts in public view.  The trends in major cities are startling:

• 33 percent prohibit camping in public spaces.
• 30 percent prohibit sitting and lying in public spaces.
• 47 percent prohibit loitering in public spaces.

In 2007, the City of Los Angeles budgeted $6 million toward policing the Skid Row tent city area and only $5.7 million for homeless services.  Twenty-four people were arrested 201 times, with approximately $3.6 million spent on criminal proceedings.  For the same cost, the City could have provided housing to 225 people.

When the protests in McPherson Square began, there was a danger that they could have the same effect as a criminalization measure: driving homeless people out of the park.  I felt a disconnect between the 99 Percent and the homeless people in the park.  Given that the Occupy movement is a response to economic inequity, it seemed dishonest to protest without prioritizing the voices of people who are suffering the most.

In my day to day conversations, however, I haven’t spoken with any homeless people who feel excluded.  In the past few days, I’ve noticed homeless individuals chatting with other protesters while waiting in line for free hot meals.  I’ve seen them collaborate and strategize with protesters, and sleep alongside them in the park.

For the moment, the Occupy D.C. protests have arguably improved the safety of homeless people in the park by protecting them from discriminatory enforcement of anti-camping laws.  Federal regulations forbid camping – including the laying down of bedding for the purpose of sleeping, the storage of personal belongings, and cooking – in McPherson Square.  So far, police have declined to enforce these regulations during the protests.  At least 40 tents have been erected, taking up one-third of the grass; three meals are cooked on-site each day; personal belongs are piled against a tree; and a generator is running to provide energy for the camp.

The choice of the police not to enforce federal regulations against Occupy protestors is just one example of selective law enforcement.  In Maine, Occupy Portland has set up camp in one area of Lownsdale Park, while a group of homeless people are camped in another area.  The homeless camp cropped up only when the protest began. One homeless man said he moved his family to the park because “it’s a lot safer here.  It’s nice to be somewhere where you are not harassed every morning to pick up and move.”

The City of Portland has announced that the Occupy group may remain in the park indefinitely, but warned the homeless camp that they are in violation of municipal codes that prohibit overnight camping.  The City has requested that businesses in the area log code violations by the homeless group, presumably to build a record for future prosecutions.  In response, Occupy Portland declared its solidarity with the homeless camp and, on October 20, marched to raise awareness about the treatment of homeless people and collect food donations.

Other Occupy groups are taking note.  In Seadside, Oregon, Occupiers protested to repeal a law that criminalizes sleeping outside.  Occupy Salt Lake City has staged demonstrations protesting police treatment of homeless people.  This is a good sign.  It’s vital that the 99 Percent commit to challenging structures of oppression that may be easy to overlook.

The power dynamics of political movements are real and must be recognized.  In any movement, it is easy for group leaders – who frequently have the time, education, and resources that allow them to protest – to control the direction of the movement and overlook individuals who may not have the ability to participate as regularly.  These people may choose not to take a public role in the Occupy movement because they do not have the financial resources, or because they cannot risk arrest or deportation.  As participants in the Occupy movement, it is important that we remember the people who have been most affected by the One Percent and listen to a diversity voices.

If we’re to achieve true economic justice, the Occupiers must acknowledge that the 99 Percent includes homeless people, immigrants, people of color, and low-income individuals – and allow these folks to have prominent roles in the movement.  If they do, the movement will continue to grow and may very well bring meaningful change to the U.S.

- Julia Lum, Human Rights Legal Fellow

It’s a summer evening in Washington and I’m leaving a downtown reception, full of drink, food and people—a typical DC scene.

Walking through downtown at dusk, making my way towards home, I’m struck by a quieter scene on the street. Block by block, corner by corner, I see solitary figures, some with luggage or bedrolls by their sides, settling in to the evening, nowhere to go, nothing to do but remain where they are.

Meanwhile, others like me are also on the street, mostly walking by, some noticing or acknowledging, most just walking, getting into taxis, perhaps traveling to suburban homes. Those who are remaining sit on curbs, benches, or walk along themselves; some ask for spare change, some explain they are hungry. One man simply dives into the garbage, eating scraps of food discarded there by others.

I wonder how I can walk by, even though I am among those who acknowledge, sometimes offer spare change. The reception I’ve just left is to benefit work for a progressive America, and I believe in that so much. Every day at the Law Center that’s what we work for. But this walk tonight is still tough. (more…)

I chose an interesting summer to intern at the National Law Center on Homelessness & Poverty. Each morning on my way to work, I’d pick up a newspaper and read about the debt ceiling and deficit reduction and the need for an era of austerity. It was, without a doubt, a summer of cuts in Washington.

Then I’d arrive at the office, and I’d delve into material about a whole different set of problems. Nearly 2.9 million properties received foreclosure filings last year. Family homelessness increased by 20 percent between 2007 and 2010. On a given night 107,000 homeless veterans are homeless. And as anyone who was in the audience for the “Voices of the Streets” panel at June’s Human Right to Housing Forum can attest, behind each number is a real person with a real story.

Still, these facts and stories aren’t in the national discourse, despite the millions of Americans who suffer from homelessness each year. Updating the Law Center’s social media pages with links to stories about developments in homelessness policy and news could be difficult, and not because it’s tricky to condense swaths of information into 140 characters. News outlets don’t cover it like the human rights crisis it is.

The drive to reduce our debt isn’t an inherently negative development; although we may disagree strongly with how Congress and the administration have set about the task, $14.3 trillion is a lot of money.

But as my time at the Law Center has reinforced, it’s misguided to treat that debt as the country’s biggest concern (although if cynical politicians bring us to within days of a default, it unfortunately becomes so) when so many Americans face such real economic and personal hardship. Those afflicted by homelessness and poverty are part of this country; as such, homelessness and poverty deserve to be part of its policy debates.

-Alex Knobel, Development & Communications Intern

The National Law Center on Homelessness & Poverty is grateful to all of its interns and fellows for their outstanding support this summer, including Heather Abraham, Julie Butner, Stefani Cox, Jeff Hill, Alex Knobel, and Kristen Tullos.

Photo credit: kbrookes