HOUSING AND SERVING UNDOCUMENTED INDIVIDUALS AND FAMILIES

Transcription

1 HOUSING AND SERVING UNDOCUMENTED INDIVIDUALS AND FAMILIES Piper Ehlen, HomeBase Housing First Partners Conference March 2016

2 Introduction! Piper Ehlen! Staff Attorney/Managing Director, Federal Programs! HomeBase, The Center for Common Concerns! Non-profit based in San Francisco! Advance policy solutions to homelessness! Technical Assistance Provider! Who is in the audience?

3 Overview of Presentation! Citizen verification restrictions in federally assisted and other subsidized housing " HUD ESG and CoC Programs " Section 8 and Public Housing! Fair Housing! Other protections in the law! Practical strategies for working with undocumented individuals and families

4 Know Your Rights Many illegal immigrants don t know their rights and fear deportation, thus making them susceptible to housing discrimination.

5 Know Your Rights! Undocumented households have rights to some housing programs that get federal funding and may be eligible for housing assistance from the federal government even if no one in the family is a citizen or has a green card.

6 Know Your Rights! Living in housing funded by the federal government should NOT hurt an individual s chances of getting a green card or of re-entering the U.S. after being abroad! Immigration does not look at an individual s receipt of federal housing assistance as part of a public charge determination.

7 The Law! Two laws govern noncitizen eligibility for housing programs: 1) Title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA): CoC and ESG Programs 2) Section 214 of the Housing and Community Development Act of 1980, as amended: Section 8 and Public Housing

8 PRWORA Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA) (Welfare Reform) Restricts eligibility for federal public benefits to citizens and qualified aliens (8 U.S.C. 1611) HUD provided clarification about PRWORA and its homeless assistance programs in 2001 HUD is in the process of updating its guidance

9 The Law: PRWORA Exemptions! The following are NOT subject to PRWORA s citizenship verification requirements:! Programs that don t fall under definition of federal public benefit! Programs, specified by the Attorney General, that meet the following exceptions: " Deliver in-kind services at the community level; " Do not condition the provision, amount, or cost of assistance on recipient s income or resources; and " Are necessary for the protection of life or safety! Public benefits provided by nonprofit charitable organizations

10 PRWORA in Relation to Nonprofits! Provision of PRWORA exempts nonprofit charitable organizations from having to verify the eligibility of program participants.! If nonprofits choose to adopt a policy of verifying immigration status, then they must verify status for everyone

11 PRWORA in Relation to Nonprofits Nonprofit administrators of HUD s homeless assistance programs are not required to verify their clients citizenship status.

12 Nonprofits are not restricted! Even under the welfare reform law:! Nonprofit charitable organizations are NOT REQUIRED to determine, verify, or otherwise ask for proof of an immigrant s status " HUD does not require a social security number to receive services (client can say don t know or refused for SSN in HMIS)! Nonprofits cannot knowingly serve undocumented immigrants, but do not have to ask about status! As a result, nonprofits CAN create a safe environment for immigrants who are seeking services

13 Don t Ask If You Don t Have To

14 Don t Ask If You Don t Have To # Both Section 214 and PRWORA require that decisions about whether and how to check immigration status of applicants should not be done in a discriminatory way, based on race, skin color, or perceptions of the national origin of applicants. # If it is determined that applicants are not eligible for services based on income or other criteria, their immigration status should not be checked.

15 PROWRA and the ESG Program The following forms of assistance meet the exemption tests, so assistance can be provided without regard to immigration status:! Street Outreach Services! Emergency Shelter! Rapid Re-housing Assistance Why? They:! Deliver in-kind services at the community level;! Do not condition the provision, amount, or cost of assistance on recipient s income or resources; and! Are necessary for the protection of life or safety

16 PROWRA and the CoC Program The following forms of assistance meet the exemption tests, so assistance can be provided without regard to immigration status:! Supportive Services Only, including Street Outreach! Safe Haven! Transitional Housing except where rental assistance is provided! Rapid Re-housing Assistance

17 CoC: Permanent Supportive Housing! PRWORA exception does NOT apply to CoC PSH! PSH recipients or subrecipients that are state or local governments are required to comply with PRWORA; contact legal counsel! PSH recipients or subrecipients that are nonprofit organizations are not required to, but may, verify an applicant's citizenship or immigration status! If a nonprofit elects to verify citizenship or immigration status: must follow procedures required by the Act and should consult with legal counsel on how to comply

18 The Law: Section 214 Section 214 of the Housing and Community Development Act restricts eligibility for certain housing programs to citizens and certain noncitizens! Section 8 Housing Assistance Programs (including SRO Mod Rehab program)! Public Housing! Housing Choice Voucher Program! Section 235 (Home Ownership) and Section 236 Housing! Rent Supplement Program! Housing Development Grant Program (HoDAG)

19 Section 214 Eligibility Requirements! Categories of immigrants eligible for public housing and Section 8! US Citizens or Nationals! Lawful Permanent Residents ( Green Card holders)! Refugees! Asylees! An alien paroled into US! Aliens whose deportation was deferred due to danger of persecution, post 1996! Victims of a severe form of trafficking

20 Section 214: Not Eligible! Categories of immigrants NOT eligible for public housing and Section 8! Non-immigrants (temporary residents): " time-limited visas to work, study, or travel! Undocumented immigrants: " entered as temporary residents and overstayed visa " engaged in activities forbidden by visa " entered without a visa! Others: " temporary administrative statuses (e.g. stay of deportation, voluntary departure) until they can formalize permanent status " paroled for less than one year " under deportation procedures

21 Public Housing and Section 8: Mixed Families! NOTE: NOT all members of the household NOR the head of household NEED TO BE eligible for housing assistance! If at least one member of a household is a US citizen or an eligible immigrant, the family can live in public housing or Section 8! Rent subsidy is pro-rated based on the number of eligible persons in the household

22 Public Housing and Section 8: Mixed Families! Family members who do not have eligible immigration status can be the head of household for purposes of:! income eligibility! determination of rent! entering into a lease, even though their occupancy is not being subsidized.

23 Public Housing and Section 8: Mixed Families! Public Housing Authorities do not have to verify immigration status each year for continued assistance! Only have to verify status if there is a new family member! Citizenship evidence only one time! A PHA may establish a preference for housing residents with eligible status

24 Verification Does each member of the family have to provide a social security number?

25 Public Housing and Section 8: Verification! Does each member of the family have to provide a social security number?! NO!! Only household members who claim to be a US citizen or "eligible immigrant" have to verify a valid Social Security Number.! Clients should not have to give a Social Security number to a program that does not verify citizenship or immigration status.

26 Public Housing and Section 8: Verification! Should a PHA evict a family that provided false citizenship documentation, or just recalculate the rent as a mixed family?! As long as the family has at least one eligible member, it is up to the PHA to determine whether or not to terminate a family under these circumstances.! A PHA certainly has the right to terminate assistance when a family knowingly provides false documentation! At a minimum, the PHA would have to charge the family retroactive rent for the time period that the PHA provided full assistance to the family.

27 Fair Housing Act! HUD's mission to promote non-discrimination and ensure fair and equal housing opportunities for all.! HUD is charged with implementing and enforcing a wide array of civil rights laws, not only for members of the public in search of fair housing, but for HUD funded grant recipients as well.

28 Affirmatively Further Fair Housing! AFFH is a legal requirement that federal grantees further the purposes of the Fair Housing Act! July 2015 final rule to provide better guidelines! Local governments and States that receive CDBG, HOME, ESG, and HOPWA, as well as public housing agencies (PHAs) are required to affirmatively further the purposes of the Fair Housing Act.

29 Fair Housing! Do undocumented residents have the same fair housing protections as citizens and legal immigrants?! YES! The Fair Housing Act prohibits housing discrimination of the seven protected classes " National Origin! Regardless of any anti-immigration policies a community is attempting to enact, it is the responsibility of every housing provider to recognize the rights of the protected classes.

30 Fair Housing! Examples of illegal discrimination:! Not renting to a household because of immigration status! Landlord charging a different price or asking for additional identification documents because of a person s national origin! Lender offers different terms on a mortgage to a prospective homebuyer because of the homebuyer s race, that is illegal discrimination regardless of immigration status.

31 Fair Housing! The HUD Office for Civil Rights investigates complaints and monitors programs and services for compliance.! Check with your local Fair Housing office

32 Immigration Status and Victims of DV! DV Victims who are married to their abusers can legalize their immigration status independent of their abusers. (VAWA self-petition)! VAWA Self-Petition! Violence Against Women Act! Under VAWA, battered spouses or children may selfpetition for lawful permanent residence without the batterer s knowledge

33 Immigration Status and Victims of DV! U Visas are available to victims of certain crimes who can provide certification from an authority that the victim has been helpful or is likely to be helpful in the investigation or prosecution of the crime.! U Visa holders are not among the categories of eligible immigrants listed in section 214! T Visas allow certain trafficking victims to remain in the US if they are willing to assist with the investigation and prosecution of trafficking cases! T Visa holders are eligible for HUD-subsidized housing

34 Finding Options for Immigrants! When assisting immigrant families in accessing subsidized housing:! Identify the type of housing that is being applied for! Identify the housing applicant s immigration status! Decide if the housing applicant is eligible for that type of housing

35 Get Help from Experts! Immigration law is complex.! Each immigrant s situation is different.! It is best to refer people to known and trusted experts in the field.! If you do share information about immigration policy and law, make sure it is accurate and comes from trusted resources.! If you have any concerns at all about this kind of policy or legal information, it is important that you refer people to a trusted lawyer who has experience in immigration law.

36 Resources in Your Community!!! Legal Aid or community legal services University law clinics Immigration advocacy groups

37 National Resources! NATIONAL HOUSING LAW PROJECT! VERA INSTITUTE OF JUSTICE, CENTER ON IMMIGRATION AND JUSTICE! AMERICAN IMMIGRATION LAWYERS ASSOCIATION! NATIONAL IMMIGRATION LAW CENTER! LOCAL ADVOCACY ORGANIZATION

38 Questions? Piper Ehlen

39 HOUSING AND SERVING UNDOCUMENTED INDIVIDUALS AND FAMILIES Sage B. Foster, MA, MPH Sage B Foster Consulting sagebfoster@yahoo.com

40 Essential Elements of a Welcoming Program for Undocumented Households! Bi-lingual staff available at the front door!! Clarity what the housing/service program provides and eligibility requirements! Provide all program descriptions/materials available in multiple languages! Employ culturally competent staff with the ability to build rapport and trust.! Understand that homeless may not be how households identify themselves - better to allow the person to identify their current housing status (un-housed, doubled up, staying in back room )

41 Outreach to Undocumented Individuals and Families! Many households will not utilize the Countywide system and will require targeted community outreach to access assistance with their housing crisis.! Meet with staff at monolingual medical clinics and immigration agencies.! Contact legal immigration services for appropriate referrals.! Visit Labor Ready Centers to distribute translated program materials.

42 Who are Undocumented Households Experiencing a Housing Crisis?! The working poor that can not afford market rate rents.! People being paid under the table (cleaning houses, gardening, labor).! Those unable to negotiate a livable wage with employer.! People with no safety net when laid off or fired! Those that are living in places not fit for human habitation.! Those unable to work and ineligible for federal disability benefits.

43 Barriers to Housing/Services for Undocumented Individuals and Families! No credit or bad credit history! Eviction with or without a lease! Criminal background of an adult family member! Lack of trust in non immigrant provider networks! Fear of breaking up extended families! No state issued ID! Lack of the ability to read and write! Resistance to share information due to undocumented status

44 Re-housing Procedures For Undocumented Individuals and Families! Continue to seek out appropriate communities with culturally supportive business and services (clinics, marcados, workforce agencies)! Provide relevant education on housing processes for undocumented un-housed populations:! Leasing Information! Fair Housing Laws! Emergency Contacts (in case of crisis)! Tenant Responsibilities! Landlord/Property Management Responsibilities

45 Outcomes of Housing Undocumented Individual and Families! Having completed multiple years of providing Rapid Re-housing services to undocumented people in the SF Bay Area, providers report successful outcomes in both housing stability and self sufficiency with individuals and families remaining in stable housing over 7 years.! As one housed person reports, You made me feel so safe and gave me a chance to have my own apartment in a safe neighborhood now I am employed and working toward a path to citizenship. My daughter will start college in September.

46 Additional Populations/ Issues Facing Undocumented Households! Many agencies are now experiencing an increase in undocumented, un-housed families fleeing domestic violence situations.! Undocumented women and men escaping human trafficking are also at risk of further victimization if not rapidly re-housed with competent and appropriate services.! Many undocumented individuals and families are being separated from the head of household due increased ICE enforcement efforts creating multiple emotional and financial problems.