February 2, Housing First unlawful exclusion of new Hawai i residents

Similar documents
NOTICES. OFFICE OF ATTORNEY [OFFICIAL OPINION NO. 96-l]

Continuum of Care Program Permanent Supportive Housing Rental Assistance Administrative Plan Updated June 16, 2016

Governance Charter of the Blue Ridge Interagency Council on Homelessness (BRICH)

Homelessness 101 Under the Safety Net

Changes in the HUD Definition of Homeless

CoC Program Participant Homelessness Verification Form

Sacramento City and County Continuum of Care GOVERNANCE CHARTER

A Way Home for Tulsa. Governance Charter. for the Tulsa City & County Continuum of Care

GOVERNANCE CHARTER OF THE GA-506 MARIETTA/COBB CONTINUUM OF CARE

Documenting Chronic Homelessness Final Rule. Coalition for the Homeless of Houston/Harris County

A Way Home for Tulsa. Governance Charter. for the Tulsa City & County Continuum of Care

Person Completing Form: Agency Completing: Date Form Completed:

Big Bend Continuum of Care Governance Charter

GOVERNANCE CHARTER OF THE HOMELESS CLEARINGHOUSE

GOVERNANCE CHARTER TULSA CITY & COUNTY CONTINUUM OF CARE PREAMBLE

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAII ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

2809 University Avenue - Green Bay, WI

Housing and Serving Undocumented People

KENTUCKY BALANCE OF STATE CONTINUUM OF CARE BYLAWS. Approved Date: 12/7/2017 Revised and Approved by KY BoS CoC Advisory Board 11/15/18

The name of this CoC will be: Kern County Homeless Collaborative (herein referred to as KCHC).

Disclosure Statement

Phased Assessment Part 5 Eligibility Verifications

Chicago Continuum of Care Governance Charter Ratified on June 25, 2014

WHEREAS, the parties are desirous of further amending said agreement,

CHAPA Recommendations for Affordable Housing and Homelessness Prevention Programs in the FY2016 Budget

NOT DESIGNATED FOR PUBLICATION. No. 113,382 IN THE COURT OF APPEALS OF THE STATE OF KANSAS. STATE OF KANSAS, Appellee, DEWAYNE L. MOSS, Appellant.

HAWAII SEX-OFFENDER REGISTRATION AND NOTIFICATION

Case 1:17-cv Document 1 Filed 12/29/17 Page 1 of 21 PageID #: 1 UNITED STATES DISTRICT COURT DISTRICT OF RHODE ISLAND

SUPREME COURT OF THE UNITED STATES

In The Supreme Court of the United States

TENANT SELECTION PLAN

Case 1:15-cv TWP-DKL Document 1 Filed 11/23/15 Page 1 of 13 PageID #: 1

CHAPA Recommendations for Affordable Housing, Homelessness Prevention, & Community Development Programs in the FY2018 Budget

If you are being evicted too, talk to a Legal Aid advocate before filling out this packet.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO, WESTERN DIVISION YOLAUNDA ROBINSON : CASE NO. 1:08-CV-238

Residence Waiting Period Denies Equal Protection

In the Supreme Court of the United States

TASK FORCE ON HOMELESSNESS Thursday, November 8, :30 p.m. 5:00 p.m. City Hall Community Room 2929 Tapo Canyon Road, Simi Valley, CA AGENDA

150,000,000 9,300,000 6,500,000 4,100,000 4,300, ,000, Appeal Summary. Syria $68,137,610. Regional $81,828,836

Unaccompanied Immigrant Youth in Alameda County: Building Communities of Support

Opening Plenary: Improved Access to Public Benefits for All Immigrant Survivors

Special Considerations When Working With Foreign Born Victims of Human Trafficking. Maja Hasic

Preferred Communities Intensive Case Management (ICM) MINNESOTA COUNCIL OF CHURCHES REFUGEE SERVICES SARA LIEN, MSW, LISW MARY KELSO, MSW

Overview of HB David Blatt Director of Public Policy Oklahoma Policy Institute

The Judiciary, State of Hawai i

Directorate of Human Dignity and Equality. Mr Viktor Orbán Prime Minister The Prime Minister's Office 1357 Budapest, Pf. 6.

TB in vulnerable populations

TENANT RIGHTS: HOW TO STOP YOUR LANDLORD FROM LOCKING YOU OUT ILLEGALLY

Immigrant & Refugee Housing Consultation Report

December 14, VIA FIRST CLASS MAIL Mayor Edward B. Murray City of Seattle P.O. Box Seattle, WA Sweep of Homeless Encampments

Three-Pronged Strategy to Address Refugee Urban Health: Advocate, Support and Monitor

AGENDA. 5. Parramore Update Walter Hawkins, Director of Urban Development

Proposed Public Charge Regulation Summary

COMPLAINT. Plaintiffs THE AMERICAN CIVIL LIBERTIES UNION OF. HAWAII, MELE STOKESBERRY, and CHARLES M. CARLETTA

Communicating with Migrant and Seasonal Agricultural Worker Population During Crisis 2012 NPHIC Symposium

Follow this and additional works at: Part of the Law Commons

ORDINANCE NO. THE PEOPLE OF THE CITY OF LOS ANGELES DO ORDAIN AS FOLLOWS:

BYLAWS OF THE CLEVELAND/CUYAHOGA COUNTY OFFICE OF HOMELESS SERVICES ADVISORY BOARD ARTICLE I LEGAL STATUS AND PURPOSE

Domestic Violence and Housing Appendix 3

Bylaws of the Albany County Coalition on Homelessness

Case 2:15-cv DDP-JEM Document 75 Filed 12/15/15 Page 1 of 10 Page ID #:1704

Request for Proposals for Homeless Outreach Services

MEDICAL ASSISTANCE TO MIGRANTS AND REFUGEES IN GREECE

Brownstein I Hyatt Farber ISch reck

VIOLENCE AGAINST WOMEN ACT (VAWA)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) PRELIMINARY STATEMENT

The Governance Charter of The Homeless Continuum of Care of Stark County

Separated Children Placed in Office of Refugee Resettlement Care

Prison Safety and Reform

FOR THE DISTRICT OF HAWAI I

AGREEMENT FOR SUPPLEMENTAL FUNDING FOR MENTAL HEALTH MOBILE CRISIS SERVICES

HOMELESSNESS IN ITALY

UNACCOMPANIED CHILDREN Agency Efforts to Identify and Reunify Children Separated from Parents at the Border

8 USC NB: This unofficial compilation of the U.S. Code is current as of Jan. 4, 2012 (see

A RESOLUTION BY COUNCILMEMBER JOYCE SHEPERD ESTABLISHING THE ATLANTA HOMELESS CONTINUUM OF CARE TO CARRY OUT THE PLANNING

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAII

Ontario Council of Agencies Serving Immigrants. Input on Canada s settlement policy December 2013

FILED: NEW YORK COUNTY CLERK 08/31/ :51 PM INDEX NO /2015 NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 08/31/2016 EXHIBIT I

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF RHODE ISLAND. Defendant : COMPLAINT. Parties and Jurisdiction

4 REGISTRATION IN EMERGENCIES

SACOSS ANTI-POVERTY WEEK STATEMENT

HIV in Migrant Women. Deliana Garcia Director International Projects and Emerging Issues. A force for health justice for the mobile poor

Case 1:17-cv Document 1 Filed 11/07/17 USDC Colorado Page 1 of 16 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Arizona Legislative & Government Internship Program Internship Descriptions

Compendium of U.S. Laws and Regulations Related to Refugee Resettlement Harvard Immigration and Refugee Clinical Program

3:18-cv SEM-TSH # 1 Page 1 of 14 IN THE UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF ILLINOIS

US Department of Veterans Affairs. From the SelectedWorks of Stephen Metraux

KING COUNTY. Signature Report

Case 1:14-cv RB-SMV Document 1 Filed 11/12/14 Page 1 of 8 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO

FILED: KINGS COUNTY CLERK 06/29/ :28 PM INDEX NO /2017 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 06/29/2017

TO APPLY: Submit application & required documentation to:

Margarita Mooney Assistant Professor University of North Carolina at Chapel Hill Chapel Hill, NC

Colorado Commission on Criminal and Juvenile Justice Sex Offense/Offender Task Force Recommendations FY

Post-Arrival Guide Cyprus Maritime Academy Fall 2017

BEFORE THE BOARD OF SUPERVISORS COUNTY OF SUTTER, STATE OF CALIFORNIA SESSION OF OCTOBER 24, 2017

January 10, Judges of the 22 nd Judicial Circuit Court (St. Louis City) 10 N Tucker Blvd. St. Louis, MO, 63101

RESOLUTION NO Adopted by the Sacramento City Council. November 8, Declaring a Shelter Crisis in the City Of Sacramento

EPSIP CHALLENGE FUND CHILDCARE

Case 3:18-cv DMS-MDD Document Filed 09/12/18 PageID.3439 Page 1 of 7

Re: Domestic Relations -- Family Planning Centers -- Parental Consent for Family Planning Services for Minors

Transcription:

February 2, 2015 Donna Leong, Corporation Counsel 530 S. King Street, Room 110 Honolulu, HI 96813 Via e-mail: dleong@honolulu.gov Re: Housing First unlawful exclusion of new Hawai i residents Dear Ms. Leong: For many years, our offices have been able to work cooperatively to resolve issues without litigation whenever possible. To that end, we wish to bring a matter to your immediate attention. As you may know, the City & County awarded a contract to the Institute for Human Services ( IHS ) to provide services for the City & County s Housing First program. Troublingly, the City & County s contract with IHS expressly allows for unconstitutional discrimination against (and exclusion from programs for) recent arrivals to the State of Hawai i. Specifically, IHS s proposal to the City expressly incorporated into the contract itself provides as follows: We intend to exclude newly arrived homeless persons from outside the State so as not to reinforce more of the same immigration of homeless persons from out of State, unless the City has objections. IHS Contract, page 41 (attached). The United States Supreme Court has been clear that the government may not deny benefits or offer less generous benefits to recent arrivals to the State. See Saenz v. Roe, 526 U.S. 489, 502 (1999) ( What is at issue in this case, then, is... the right of the newly arrived citizen to the same privileges and immunities enjoyed by other citizens of the same State. That right is protected not only by the new arrival s status as a state citizen, but also by her status as a citizen of the United States. ); Shapiro v. Thompson, 394 U.S. 618, 629 (1969) ( We do not doubt that the one-year waiting period device is well suited to discourage the influx of poor families in need of assistance. An indigent who desires to migrate, resettle, find a new job, and

start a new life will doubtless hesitate if he knows that he must risk making the move without the possibility of falling back on state welfare assistance during his first year of residence, when his need may be most acute. But the purpose of inhibiting migration by needy persons into the State is constitutionally impermissible. ), overruled in part on other grounds by Edelman v. Jordan, 415 U.S. 651 (1974). The Supreme Court has unwaveringly held that any law that is enacted with the purpose of deterring in-migration faces insurmountable constitutional difficulties. Hooper v. Bernalillo Cty. Assessor, 472 U.S. 612, 620 n. 9 (1985) (quoting Zobel v. Williams, 457 U.S. 55, 62 n.9 (1982)); see also Saenz v. Roe, 526 U.S. 489, 506 (1999) ( [S]uch a purpose would be unequivocally impermissible[.] ); Memorial Hosp. v. Maricopa Cty., 415 U.S. 250, 263-64 (1974); Shapiro v. Thompson, 394 U.S. 618, 629 (1969). Your office may also recall a similar case that the ACLU brought against the City & County in 2005, in which the United States District Court granted the Plaintiff s Motion for Preliminary Injunction in a case challenging pre-employment residency requirements for City & County employees. Walsh v. City & County of Honolulu, 423 F. Supp. 2d 1094 (D. Haw. 2006). The City and County cannot condition the receipt of essential benefits to the length of residence. See Saenz, 526 U.S. at 505-506 (striking as unconstitutional a California law that denied TANF benefits to recent arrivals in the State). Although IHS implements the rules that result in these unconstitutional deprivations to new arrivals, the City & County cannot abdicate its constitutional responsibilities by contracting with a private entity to violate the law in this manner. We ask that your office take immediate steps to end these practices, and that the City & County ensure that all future contracts make clear that contractors may not discriminate against recent arrivals to our State. We ask that your office contact us no later than Friday, February 13, to discuss the remedies we have set forth herein. Please feel free to contact me at 522-5908 or dgluck@acluhawaii.org. Thank you for your prompt attention to this matter. Sincerely yours, Attch. Daniel M. Gluck Legal Director cc: Dawn Spurlin (by email/with attch.)

IHS, The Institute for Human Services, Inc. City and County of Honolulu City and County of Honolulu Housing First Project Unsheltered 38 4 32 Children in Families Unsheltered 62 9 64 People in Families Unsheltered Non- 536 312 254 Family lndividuals Total Unsheltered 598 321 318 Persons 74 135 1,102 1,237 106 69.81% 188 71.81% 1445 76.26% 1,633 75.75% Table 2. PIT 2014 Regional Distribution of Unsheltered Chronically Homeless Singles by Project Geographic Area Region #People TOTAL % 1: Downtown Honolulu 225 516 43.6% 2: East Honolulu 142 288 49.3% 7: Waianae Coast 85 228 37.3% Total Area 452 1032 43.80% Oahu Total 558 1327 42.0% The population of focus for this project comprises: 1) Unsheltered homeless and 2) Chronically Homeless adult individuals and families both (sheltered and unsheltered) in the target geographical area described above. To qualify for housing assistance under this project, clients must have an assigned case manager prior to placement. Specific exclusionary criteria for participation in this project include: 1) Persons convicted of a violent crime within two years prior to the application for rental assistance. This will be screened using both the local Hoohiki web-based database as well a the national e-crim service that provides for national back ground checks 2) Persons who are not citizens or resident aliens of the United States of America, or who otherwise do not possess documentation evidencing a legal based to remain in the United States of America. This will be checked through the national database that is provided by U.S. Homeland Security and the presentation of personal documentation if available. 40

IHS, The Institute for Human Services, Inc. City and County of Honolulu City and County of Honolulu Housing First Project 3) We intend to exclude newly arrived homeless persons from outside the State so as not to reinforce more of the same immigration of homeless persons from out of State, unless the City has objections. These persons will be served through the offer of emergency/transitional programs that require personal investment on their part. Every effort will be made to assist the person to return to their place of meaningful tie if they are not capable of securing employment or arrived "by mistake"; particularly if they are more familiar with a service system in another state or have social supports there. Because IHS is also undertaking a separate intensive Outreach program focusing on Waikiki Homeless; those resources are expected to project a wide spectrum of services to address the broad needs of various subpopulations of homeless including those who are NOT chronically homeless. The services funded by the City grant will of course be focused on chronically homeless; but in order to achieve a visible reduction of homeless persons, the other populations must be served as well. Should IHS be funded for this project, our collaboration with other service providers will enable a fuller spectrum of outreach, housing options and services to be applied to a wider geographical region than has ever been experienced before. Chronic homelessness means: A "chronically homeless 11 person is defined by HUD as an unaccompanied homeless individual with a disabling condition who is living on the street or other places unfit for human habitation or in emergency shelter and who has either been: 1) Continuously homeless for a year or more, or 2) At least four episodes of homelessness in the past three years. A family which has an adult member who meets the criteria above qualifies as a chronically homeless family. The concept of "vulnerability" refers to weight that chronic and severe medical, mental health, substance abuse disease conditions; behavioral risks; socialization and daily functions patterns and levels; and self care ability impact a homeless client's risk of mortality; emergency care and services utilization, and quality of life. The Vulnerability Index family of tools assesses these factors that have been actuarially demonstrated to decrease with placement in appropriate housing and linkage with needed supportive services. Vulnerability for individuals will be assessed using the Hale 0 Malama Vulnerability Index & Service Prioritization Decision Assistm1ce Tool (SPDAT) Prescreeu Assessment for Single Adults (hereinafter "VI-SPDAT"), while family vulnerability will be assessed using the Vulnerability Index & Family Service Prioritization Decision Assistance Tool (hereinafter "VI-F-SPDAT';.) As the VI-F-SPDAT has not yet been implemented within the Oahu Continuum of Care, IHS will work with Hale 0 Malama and PHOCUSSED to finalize the VI-F-SPDAT form, interviewing process, form remittance, scoring, and provider notification processes for families parallel to that which has already been developed and implemented for the VI-SPDAT for singles. 41