FARMWORKER HOUSING in TEXAS. Kathy Tyler

Transcription

1 FARMWORKER HOUSING in TEXAS Kathy Tyler

2 FW RESOURCES IN THE ROOM! MET Housing staff & farmworker Housing Assistance Council Rural Development, MF Housing Staff Texas Workforce Commission Monitor Advocate + TA Provider: Rose Garcia, Tierra del Sol Diana Lopez, Guadalupe Econ Services TDHCA, Multi-family Housing Vanessa Casanover, UT Health Science State Legislators and Staff

3 RECOMMENDATIONS STATE POLICY In Texas the economic impact of the agricultural food and fiber sector totals more than $100 billion each year, and one of every seven working Texans is in an ag-related job. (TDA website) If we d be willing to pay just pennies more for our fruit and vegetables, and if those pennies would go towards what farmworkers earn, they would be able to afford better housing! OK I ll stick with our state housing policies

4 RECOMMENDATIONS STATE POLICY 1. Fund farmworker housing programs Increase the Housing Trust Fund New National Housing Trust Fund Increase CDBG colonias set aside to 15% (up from 10%) 2. Use state funds to attract RD 514/516 to Texas To build new units To preserve aging existing units

5 HOW MANY PEOPLE ARE ENGAGED IN FARM LABOR IN THE UNITED STATES? IN TEXAS? Larson, Alice C., US Department of Health and Human Services, Migrant Health Branch, MSFW Enumeration Profiles. Map: National Center for Farmworker Health

6 Texas Farmworker Population Second largest behind California 361,411 seasonal & migrant farmworkers (includes household members) More than 1/4 of Texas farmworkers live in South Texas: Hidalgo, Cameron, and Starr Counties Second most live in Dimmit, Maverick, Zavala Third most in South Plains and Panhandle also a destination for migrant workers from South Texas

7 LEGAL STATUS OF U.S. FARMWORKERS IS EVENLY SPLIT Legal Status of Farmworkers, Unauthorized, 50% Citizen, 30% Green Card or Authorized Worker, 20% Source: Housing Assistance Council Tabulations of National Agricultural Workers Survey

8 Farmworker Housing Type, Other, 0.60% Apartment, 18% Motel, 0.50% Manufactured Home, 18% Campsite/tent, 0% Dormitory/Barracks, 2% WHERE DO FARMWORKERS LIVE? MOST U.S. FARMWORKERS LIVE IN SINGLE-FAMILY HOMES Duplex, 2% Single Family Home, 58%

9 WHERE FARMWORKERS LIVE Rural + Urban Ag is rural, but farmworkers live also in urban areas. The 514/516 program is the only RD program allowed to be built in urban communities.

10 WHERE DO TEXAS FARMWORKERS LIVE? Farmworkers Housing Options: Own or rent single family homes, or mobile or manufactured homes - most substandard, many located in the colonias, most are overcrowded Multi-Family: o Publicly financed USDA RD 514/516 o Other affordable very few serve farmworkers Employer-Provided or Other Migrant Housing o Various federal and state licensing rules and requirements Serious health consequences to poor housing poor farmworker housing is detrimental to all of us who eat food.

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12 RD- 514/516 Farm Labor Housing 18 housing facilities in TX; 1,017 Units All Off-Farm 6 facilities built after combined with LIHTC

13 Texas Rural Farmworker Housing USDA Occupancy Reports Texas 514/516 PROJECTS HOUSE- HOLDS ADJ ANN INCOME RA HOUSE- HOLDS % HH WITH RA OCCUPANY % as of Sep ,017 $11, % 90.48% as of April ,134 $12, % 87.30% Decline (3) (117) (37)

14 Bowen National Research, Texas Rural Farmworker Housing Analysis, 2012 Farmworker Housing 552 units for farmworkers in 49 rural counties. Other Affordable Options 11,948 units in 290 other affordable housing projects: LIHTC Public Housing, 515 programs, etc. These affordable units are 98% occupied. Bowen Concluded: 92.7% of farmworkers cannot access affordable housing in the state s rural communities that include a sizable number of agricultural workers.

15 EMPLOYER PROVIDED HOUSING IS ON THE DECLINE Farmworker Housing Arrangement, % 90% 80% 70% 60% 50% 40% 30% 20% 10% 0% Private Market Employer Owned-Free of Charge Pay Employer Government Subsidized Source: HAC Tabulations of National Agricultural Workers Survey

16 Migrant Housing Rules Rule TDHCA (STATE) Migrant Labor Housing Facilities Texas Administrative Code, Title 10, Part 1, Chapter 90 (RULE 90) OSHA EPA/DOL MSPA H2A Occupational Safety and Health Act of 1970 [29 U.S.C ; 29 C.F.R. Pt 1928] Temporary labor camps Wagner-Peyser Act [29 U.S.C. 49; 20 C.F.R. Pt 654 et seq.] Migrant Seasonal Agricultural Worker Protection Act (AWPA) [29 U.S.C Section 1801; 29 C.F.R. Part 500 et seq.] Immigration and Nationality Act (H-2A Worker Program) [8 U.S.C. 1101(a)(15)(H)(ii)(a) and 1186; 20 C.F.R. Part 655; 29 C.F.R. Part 501 Agency Purpose Migrant Housing TDHCA Manufactured Housing Division Licenses required if a facility is used more than 3 days for 2 or more seasonal, temporary, or migrant families or 3 or more seasonal, temporary, or migrant workers, whether rent is paid or reserved in connection with the use of the facility. Regulates temporary labor camps (any occupation) built after April 3, 1980 under construction or constructed before April 3, 1980 Wage and Hour Division, DOL Migrant housing complies with all the applicable substantive federal and state health and safety standards if employer recruits, solicits, hires, employs, furnishes, or transports any migrant or seasonal agricultural worker. DOL, ETA, State Workforce Agency Employers seeking H2A workers must present proof to DOL s Office of Foreign Labor Certification from their state Job Service that the housing for workers meets applicable standards.

17 Employer Provided Housing (TDHCA-licensed) 29 licensed facilities for migrant workers Capacity to house 4,068 workers 24 employer based (5 are facilities) Reduced from 32 facilities in 2004 Reduced from 125 facilities in the 1980s

18 RECOMMENDATIONS STATE POLICY 3. Update Rules for Migrant Housing Licensing. It has been almost 10 years since the migrant housing rules were updated and given to TDHCA s Manufactured Housing Division to enforce. Improved complaint systems are needed. Inspection of public accommodations small motels and mobile homes are needed. The state should review progress of recommendations made in 2006.

19 RECOMMENDATIONS STATE POLICY 4. Look at recommendations from studies: American Public Health Association September 21, 2006 TDHCA report to the 79 th Legislature. Special Report: Migrant Labor Housing Facilities in Texas (PDF) Bowen National Research made recommendations in November 2012 in the farmworker housing analysis. New farmworker health and housing research (Legal Services and health researchers)

20 Intersection of housing, health, and the food production system Without improvements, farmworker housing is a detriment to public health in the US. American Public Health Association, Nov 2011

21 Thanks!! Kathy Tyler