Homeland Security’s Public Charge Rule Implementation Stopped!

On July 29, 2020, Judge George B. Daniels of the U.S District Court for the Southern District of New York issued a preliminary injunction and temporary stay of the U.S. Department of Homeland Security’s (DHS) Public Charge rule. Judge Daniels’ order provides that DHS and U.S. Citizenship & Immigration Services (USCIS) can not enforce, apply, implement, or treat as effective the Public Charge rule as long as “there is a declared national health emergency in response to the COVID-19 outbreak.”

The preliminary injunction and temporary stay applies nationwide as Judge Daniels wrote, “Each infected individual that travels to Governmental Plaintiffs’ jurisdiction [States of New York, Connecticut, and Vermont; and City of New York] risks undoing crucial progress made in combating this disease. Discouraging noncitizens nationwide from obtaining necessary treatment and care certainly undermines those efforts. Issuing geographically limited relief would not meaningfully abate the public health risk, especially when applied to a population that represents a significant portion of essential workers who continue to work outside of their homes ans interact with the public at large.”

The Public Charge rule, that defined public charge to include individuals receiving federal housing benefits, took effect February 24, 2020; after previous injunctions and stays were lifted by the U.S. Supreme Court. It is anticipated that Judge Daniels’ preliminary injunction and temporary stay order will also be appealed to the U.S. Supreme Court.

The July 29, 2020 order can be view here. NAHRO’s Public Charge One-Pager provides additional information on the DHS Public Charge rule. NAHRO will continue to follow the implementation of DHS’s Public Charge rule and share additional information as we receive it.

Webinar for the HCV Mobility Demonstration

The National Association of Housing and Redevelopment Officials with our friends, CLPHA, is sponsoring a free webinar on HUD’s new mobility demonstration put on by Mobility Works, the Center on Budget and Policy Priorities, and Opportunity Insights.

On July 15, HUD released a notice implementing the $50 million Housing Choice Voucher Mobility Demonstration. This important demonstration will enable selected public housing agencies to implement or expand programs that help families to use housing vouchers to locate in “high-opportunity” neighborhoods, which research shows can significantly improve adult and child well-being on several key measures, including children’s chances of attending college.

Housing agencies participating in the program will receive new housing vouchers as well as funding to provide robust mobility services to families with children. Agencies will also participate in a rigorous evaluation of the effectiveness of their mobility programs.

Please join us for this free webinar on August 11, 2020 2:00 pm – 3:30 pm ET to discuss the details of HUD’s demonstration notice, as well as the lessons that experienced practitioners and researchers have learned about developing effective housing mobility programs.

AGENDA

Moderator, Demetria McCain, Inclusive Communities Project

I. The requirements of the HUD NOFA:
● Doug Rice, Senior Fellow, Center on Budget and Policy Priorities
● Megan Haberle, Deputy Director, Poverty & Race Research and Action Council

II. Developing a regional housing mobility plan:
● Andrea Juracek, Executive Director, Housing Choice Partners
● Jeffery Patterson, CEO of the Cuyahoga Metropolitan Housing Authority

III. Reflections on working with researchers on a mobility evaluation:
● Sarah Oppenheimer, Opportunity Insights
● Andrew Lofton, Seattle Housing Authority

Registration for the free webinar can be found here.

Final AFFH Rule Released

Late last week, HUD published on its website a final rule titled “Preserving Community and Neighborhood Choice.” This rule implements the Fair Housing Act’s duty to affirmatively further fair housing (AFFH). Although the rule has not yet been published in the Federal Register, it will go into effect 30 days after its official publication.

Continue reading

Mobility Demonstration Notice to be Published Tomorrow

Tomorrow, a notice titled “Section 8 Housing Choice Vouchers: Implementation of the Housing Choice Voucher Mobility Demonstration” will be published in the Federal Register. This notice implements $53 million worth of funding ($10 million for new vouchers, $40 million for services, and $3 million for research) to implement a mobility demonstration program. The purpose of the demonstration is to evaluate the effectiveness of mobility-related strategies in encouraging families to move to lower-poverty areas.

The notice states guidelines by which the demonstration will be governed. New vouchers–and the mobility-related services that will accompany those vouchers–must be provided to families with children. Services include pre-move services, housing search assistance, family financial assistance, landlord recruitment, and post-move services. Public Housing Agencies that are eligible to participate in the demonstration include PHA partnerships, consortia with high-performing Family Self-Sufficiency (FSS) programs, consortia with small PHA(s), and certain single agencies. There are certain other eligibility requirements. The Department must submit a report to Congress within five years of implementation.

Applications will be due on October 13, 2020 before midnight ET.

Staff at NAHRO are still in the process of reading through the notice and NAHRO members can expect additional updates.

A pre-publication copy of the notice can be found here.

The Department’s Mobility Demonstration page can be found here.

Expanding Housing Access During Coronavirus

The following is a guest blog post by Jacqueline Altamirano Marin, Program Associate at the Vera Institute of Justice.

Interview with Alan Zais, Illinois Reentry Task Force member and Executive Director of the Winnebago County Housing Authority

As much of the country continues to observe stay-at-home orders, some of the most vulnerable members of our communities, including people leaving prisons and jails, continue to struggle with access to safe and stable housing. Housing organizations have sprung into action to create guides that help Public Housing Authorities (PHA) not only reunite returning community members with their friends and families but also provide safe reentry during these unprecedented times. PHAs can take this time to rethink their policies towards people with conviction histories. In this conversation, the Vera Institute of Justice talks to Alan Zais, Illinois Reentry Task Force member and Executive Director of the Winnebago County Housing Authority about what housing authorities can do to help people reentering find safe homes during the COVID-19 pandemic.  

  1. We know the Illinois Department of Corrections has released 4,000 people in response to the pandemic. How are you and other housing authority directors talking about housing access for people with conviction histories during COVID-19?

The pandemic that affected so many in prison was just one part—those released had the trauma of being exposed and then the trauma of trying to find a place they could afford to live. Housing authorities have needed to be sensitive both to the trauma and the need to provide housing to impact against any like surge in recidivism. Housing authorities also have finite resources and waitlists that can have applicants waiting months to years [to secure housing].  It’s a complex problem, but fortunately, one easy solution is to let released people reunite with their families that are already in housing.

The pandemic is just one piece of this moment. The protests prompted by the deaths of George Floyd and many others have brought the focus to the inequities Black Americans face in criminal charges, convictions, and criminal histories. At this moment, housing authorities can help their communities make these transformational changes to recognize [that] how we currently review criminal histories can be inconsistent from one agency to another and based on a conviction system that is inequitable and disproportionate towards people of color.  

All of this has dramatically raised the conversation of housing access for persons with criminal histories to a high profile and urgent discussion.

Continue reading

HUD Extends Section 3 Reporting Deadline until July 31, 2020

Earlier today, HUD’s Office of Fair Housing and Equal Opportunity sent an email to PHAs extending the deadline for submission of all Section 3 annual reports until July 31, 2020 because of the COVID-19 event. This does not impact reporting for agencies with deadlines due after the extension date. In the email, the Department also reminds PHAs that the SPEARS system transmits emails to agencies with reports due or overdue, and these emails should be ignored for those PHAs complying with this extension.

[6/10/2020 edit – typographical correction.]

HUD Creates Online Guidance Portal

Tomorrow, HUD will publish a notice in the Federal Register announcing the creation of a HUD guidance portal. In the process of complying with a presidential executive order, the Department conducted a review of all of its guidance and ensured that those documents that remain in effect were linked to a single website that could be searched. The single searchable database containing all of HUD’s guidance can be found at: http://www.hud.gov/guidance.

The National Association of Housing and Redevelopment Officials applauds HUD for creating this searchable index and looks forward to further refinements.

The pre-publication copy of the notice announcing this portal can be found here.

Infectious Disease Toolkit for CoCs

The Department has released a new Infectious Disease Toolkit for Continuums of Care (CoCs). The toolkits provide “structure and specific examples for planning and responding to influenza, coronavirus, and other infectious diseases.” The toolkit is composed of three documents for CoC leadership, homeless service providers, and other partners to use in responding to infectious diseases. The documents include the following:

Additionally, one of our members wanted to share these coronavirus anti-stigma resources. They mostly apply to the local King County / Seattle area, but others may also find them useful.

New Proposed Fair Housing Rule

Earlier this week, HUD published a new proposed fair housing rule titled “Fair Housing Act Design and Construction Requirements; Adoption of Additional Safe Harbors.” The Fair Housing Act provides that unlawful discrimination against persons with disabilities includes the failure to properly design and construct certain multifamily dwellings. This proposed rule would amend HUD’s regulations to incorporate the 2009 edition of International Code Council (ICC) Accessible and Usable Building and Facilities (ICC A117.1-2009) as satisfying the design and construction requirements of the Fair Housing Act. The proposed rule would also designate the 2009, 2012, 2015, and 2018 editions of the International Building Code (IBC) as safe harbors under the Fair Housing Act.

Comments on this proposed rule are due on March 16, 2020.

A press release from HUD can be found here.

The proposed rule can be found here.

Webinar for Vera’s Opening Doors to Public Housing Initiative

The Vera Institute of Justice (Vera) is offering a webinar that promises to inform potential applicants about the goals of the Opening Doors to Public Housing Initiative. The Opening Doors to Public Housing Initiative seeks to provide technical assistance to PHAs that wish to plan and implement reentry programs or change their admissions policies for people with conviction histories. Additionally, the webinar will provide an overview of the application requirements, allow time for questions from interested applicants, and present applicants from past Opening Doors sites who will share their experiences implementing reentry programs and changing their housing policies.

Housing authorities and their justice system partners are strongly encouraged to participate in the webinar, though it is open to all.

Opening Doors to Public Housing (Friday, January 17, 2020 at 1 pm ET)

  • Presenters include the following:
    • Andre Bethea, Policy Advisor, Corrections, Bureau of Justice Assistance, Office of Justice Programs, U.S. Department of Justice;
    • Laura Gregory, Resident Services Manager, Oklahoma City Housing Authority; and
    • Julio Sanchez, Senior Probation & Parole Officer, Delaware Correctional Reentry Commission (DCRC) In-reach Coordinator, Georgetown Probation & Parole.

The webinar registration can be found here.