Housing Justice Network 2006 : Meeting Materials


2006 Meeting Handbook


The enclosed PDF files contains the entire 2006 HJN meeting handbook, including meeting agenda, plenary session speakers, keynote speaker, workshop summaries and material.


Supplemental Materials Table of Contents


Below is a list of each of the workshops and materials that the workshop coordinators asked that we make available to meeting attendees through this website. Although the materials are listed separately for each workshop, we have bundled the materials for each workshop into one PDF file. We have also noted workshops for which there are no supplemental materials. Materials for which a URL is listed are not included in the workshop materials. You can obtain them by going to the appropriate cited document. In several instances, we did not receive the listed materials in time for posting them prior to the conference. We will make every effort to secure those materials and post them after the conference.


  1. Convincing PHAs to Productively Spend All Their Voucher Funding

No Supplemental Materials


1-B Litigating Preservation Cases

No Supplemental Materials


1-C Improving the Public Housing Administrative Hearing Process

No Supplemental Materials


1-D Challenging Trespass and Guest Policies in Federal Housing

    1. Virginia v. Hicks, 539 U.S. 113 (2003); Brief for Amici Curiae Richmond Tenants Organization, Charlottesville Public Housing Association of Residents, Enphront, & Massachusetts Union of Public Housing Tenants in Support of Respondent Kevin Lamont Hicks, 2003 WL 1792256. See 2004 HJN Conference Materials at http://www.nhlp.org/lalshac/hjn2004_conference_materials.htm

2. Keep Out: Responding to Public Housing No-Trespass Policies, at

www.law.harvard.edu/students/orgs/crcl/vol38_1/goldstein.php

  1. Gilmore v. Centerpointe Apartments, Pleadings

  2. Boston Housing Authority v. Martin, Demand Letter, 2004

  3. Boston Housing Authority v. Martin, Request for Reasonable Accommodation, 2005

  4. Boston Housing Authority v. Martin, Proposed Findings of Fact and Conclusions of Law

  5. Nosy Neighbors Raise Stink, BOSTON HERALD, April 28, 2004.

  6. Minnesota Landlord/Tenant Law: Training Manual for the Police

  7. Model Housing Authority Trespass Notice and Tenant Consent Form

  8. Model Policy (Housing Authority of Kansas City) [to be added later]

  9. Form anti-trespass letter (HOME Line)

  10. Letter from Manager to Tenant re C.H.A. Limited Access Policy (11/24/97).


See also 2004 HJN Conference Supplemental Materials:

Workshop 7-C: No Trespassing:

http://www.nhlp.org/lalshac/hjn2004_conference_materials.htm


2-A PHA Plan Process and Resident Participation

No Supplemental Materials


2-B Redevelopment Issues

    1. Complaint in Bergen Square redevelopment case

    2. Brief in Bergen Square case

    3. Expert report opposing proposed redevelopment project

    4. Replacement housing policy adopted by Brooklyn Park, MN

    5. Proposed amendments to NJ redevelopment statute (mandatory affordable housing, etc.)


2-C Strategies to Preserve HUD Troubled Projects

1. Brief Descriptions of Panelists' Cases

      1. Lawndale Restoration, Chicago, IL

  1. Gates-patchen H.D.F.C., Brooklyn, NY

  1. Parkview Apartments, Ypsilanti, MI

2. NHLP Memo to HUD with Recommendations re Disposition Policies (July 28, 2006)

3. HUD's May 31 Memo to Field Staff re FY 06 Property Disposition


2-D Disaster Relief: So Much More To Do

No Supplemental Materials


2-E RD Single Family Direct and Guaranteed Loans: Foreclosure Avoidanc

No Supplemental Materials


3-A Combating Threats to Public Housing

    1. Combating Threats to Public Housing

    2. Ann B. Lever and Todd Espinosa, A Tale of Two Fair Housing Disparate-Impact Cases, 15 J AFFORDABLE HOUS. 257 (Spring 2006).


3-B Promoting and Protecting Affordable Housing Through Land Use &

Zoning Advocacy

No Supplemental Materials


3-C Language Access Advocacy for Limited English Proficient Clients

No Supplemental Materials

3-D Current Issues in the Low Income Housing Tax Credit Program

Re QAP issues:

    1. Using the Tax Credit for Supportive Housing: http://www.csh.org/index.cfm?fuseaction=page.viewPage&pageID=3696&nodeID=81

    2. Making Affordable Housing Truly Affordable: http://www.frontierassoc.net/greenaffordablehousing/Feature/GGUSA%20QAP%20Report.pdf

    3. GAO Report on LIHTCs- http://www.nmhc.org/Content/ServeFile.cfm?FileID=2214

NCSHA's Recommended Practices in Allocation and Underwriting- http://search.live.com/results.aspx?FORM=IE7&q=-+http://www.ncsha.org/uploads/03_Report_with_Links_and_Cover.pdf


Re Good Cause eviction issues:

1. Rev. Ruling 2004-82, Q&A 5

  1. Mendoza v. Frenchman Hill Apts., No. CS-03-0494-RHW (E.D. Wa. order Jan. 20, 2005) (no § 1983 claim to challenge failure of state agency and owner to include statutory prohibition on no-cause evictions in regulatory agreement)

3A. NHLP Bulletin articles re Rev. Rul. And Implementation status

IRS Finally Clarifies Good Cuase Eviction Protection for Tax Credit Tenants, 34 HOUS. L. BULL.208 (Oct. 2004).

3B. Update on Good Cause Eviction Protection for Tax Credit Tenants, 35 HOUS. L. BULL. 117 (Apr. 2005)

4A. Sample Lease Addenda & related documents (California, Washington, Missouri and Rhode Island)

4B. Good Cause Notification Packet for Tax Credit Properties (2004).

4C. Missouri Lease Addendum (Feb. 2005).

4D. Missouri LIHTC Good Cause letter with Amendment (July 12, 2005)

5A. Ohio HFA Good Cause Letter with Amendment (Fall 2005)

5B. Ohio Notice to Tenants (Fall 2005)

6. NAHMA Letter to Treasury (Jan. 31, 2006)

7. See generally NHLP website at http://www.nhlp.org/html/lihtc/index.htm


Re Fair Housing issues:

    1. New Abt Associates report on PRRAC's website: Are States Using the Low Income Tax Credit to Enable Families with Children to Live in Low Poverty and Racially Integrated Neighborhoods?

www.prrac.org/projects/lihtc.php

    1. New PRRAC/Lawyers Committee report on PRRAC's website: Building Opportunity: Civil Rights Best Practices in the Low Income Housing Tax Credit Program

www.prrac.org/projects/lihtc.php


3-E Evictions and Terminations from Shelters and Transitional or

Supportive Housing


    1. State regulations on grievances, expulsions and appeals from state-funded emergency shelters, Regulations of Connecticut State Agencies §§17-590-5 through 17-590-7.

      1. 17-590 -5 Shelter Expulsion

      2. 17-590-6 Shelter Grievance Procedure

      3. 17-590-7 Shelter Appeal

    2. Carr v. Friends of the Homeless

    3. Lockouts Transitional Housing CSH Guide

    4. DC Code


4-A Challenging Section 8 Terminations]


    1. Edgecomb v. Housing Authority of the Town of Vernon, 824 F. Supp. 312 (1993).

    2. De La Pax v. Hialeah Housing Authority (Fl. Cir. Ct. Sept. 12, 2006)

    3. Grier v. Spencer, No. 97-2430 COV-T-24A (M.D. Fla, Oct 2. 1997) (Complaint for Declaratory and Injunctive Relief)

    4. Grier v. Spencer (Motion and Memorandum for Preliminary Injunction)

    5. Wanswer v. Hanson, No. 8:03-CV-1908T26MAP (M.D. Fla, Sept. 9, 2003) (Complaint for Declaratory and Injunctive Relief)

    6. Wanser v. Hanson (Motion and Memorandum for Preliminary Injunction)


4-B Incorporating Fair Housing into Your Work

  1. Betsy Julian and Mike Daniel, Separate and Unequal: The Root and Branch of Public Housing Segregation (Oct. 1989)


4-C Section 3 Employment Program

No Supplemental Material


4-D Working (or not) with Your PHA and/or HUD

No Supplemental Material



4-E RD Section 515 Prepayments and Voucher Program

    1. HR 5039 - Saving America’s Rural Housing Act of 2006, 109 Cong. 2d. Sess (Mar. 29, 2006)

http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=109_cong_bills&docid=f:h5039rh.txt.pdf

    1. USDA Voucher Program: Notice, 53 Fed. Reg. 14,084 (Mar. 20, 2006)

http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/pdf/06-2660.pdf


5-A Sex, Discrimination and Violence Against Women

I. Additional materials on sex discrimination in housing

A. Alvera complaint

B. Alvera, Charge of Discrimination (HUD ALJ)

      1. Alvera, Determination of Reasonable Cause

      2. Alvera, Consent Decree

E. Bouley amicus brief, ACLU Women's Rights Project

F. Bouley opinion (D.Vt. 2005)

  1. Bouley Vermont Opinion SJ

  1. Model brief, T.J. v. St. Louis Housing Authority, ACLU Women's Rights Project

  1. La discriminación en vivienda contra las víctimas de violencia doméstica, National Law Center on Homelessness & Poverty

  1. Comments on DV Policy

  1. Additional materials on VAWA housing rights

      1. The Rights of Domestic Violence Survivors in Public and Subsidized Housing, ACLU Women's Rights Project

  1. The impact of the Violence Against Women Act of 2005 (VAWA) on the housing rights and options of survivors of domestic and sexual violence: Frequently Asked Questions, National Law Center on Homelessness & Poverty

  1. Sample VAWA notice to owners and managers of public and Section 8 housing

D. Sample VAWA notice to tenants in public and Section 8 housing

3. Materials from HUD on VAWA and domestic violence

      1. HUD Notice PIH 2006-23, June 23, 2006, Implementation of VAWA

      2. "Domestic Violence," Chapter 19, Public Housing Occupancy Guidebook, HUD


  1. State and local legislative advocacy

      1. State Laws and Legislation to Ensure Housing Rights for Survivors of Domestic and Sexual Violence, National Law Center on Homelessness & Poverty


5-B Developing State and Local Preservation Tools and Policies

1. “Rights of First Refusal” in Preservation Properties–State and Local Initiatives


5-C Immigration and Housing Issues

    1. Complaint challenging Hazelton, PA "Illegal Immigration Relief Act"

http://www.aclupa.org/downloads/HazeltonComplaint.pdf

2. S135 (NJ) - Authorizes imposition of additional fines for overcrowding

http://www.njleg.state.nj.us/2006/Bills/S0500/135_I1.pdf



5-D Endangered Housing: Using Relocation Laws to Protect Lower-Income

Communities Displaced by “Redevelopment”

I. Case Law

Price et al. v. City of Stockton et al., 394 F.Supp.2d 1256 (August 2, 2005).

Former tenants of low-income hotels, and nonprofit organization involved in assisting homeless persons, sued city and related defendants, alleging that city's closing of residential hotels based on health and safety issues violated federal and state statutes. The District Court issued preliminary injunction requiring payment of relocation benefits and also barring city's conversion or demolition of single resident occupancy (SRO) hotels until it adopted and implemented antidisplacement and relocation assistance plan under the Housing and Community Development Act (HCDA). City appealed. The Court of Appeals, 390 F.3d 1105, affirmed in part, reversed in part, and remanded. On remand, plaintiffs brought motion to amend the preliminary injunction. The District Court held that: (1) Plaintiffs showed it was likely that city redevelopment agency was obligated, under California's Community Redevelopment Law (CRL), to replace lower income housing units removed from affordable housing market as part of redevelopment project; (2) Plaintiffs showed it was likely that city redevelopment agency had violated the CRL; and (3) Plaintiffs showed high likelihood of irreparable injury.





See also: Price et al. v. City of Stockton et al., 390 F. 3d 1105 (Dec. 6, 2004), holding, in part, that HCDA's provision for "reasonable benefits" for persons displaced by Block Grant-funded rehabilitation efforts created private right of action, enforceable via Section 1983, for relocation benefits but not for planning purposes.

Complaint and Preliminary Injunction briefs available from dcollins@pilpca.org

  1. Publications/Resources

      1. Chart: Federal Relocation Statutes, Regulations, Handbooks (www.nhlp.org)

      2. Sample Worksheet: URA & 104(d) Replacement Housing Payment Computation (www.nhlp.org)

    1. Residential Relocation Project Planning Checklist (www.nhlp.org)

    1. HUDRAP (Relocation and Acquisition Policies), the Official Policy Newsletter from HUD's Relocation and Real Estate Division:

http://www.hud.gov/offices/cpd/library/relocation/policyandguidance/hudrap/

    1. WCLP, Memo Re: URA Final Rule, available at http://www.wclp.org/housing/publications.php?pubtype=Memoranda

6. PILP/WCLP, Memo Re: Last Resort Replacement Housing, available at

http://www.wclp.org/housing/publications.php?pubtype=Memoranda

  1. S. Lynn Martinez, Preventing Low-Income Communities from the New "Urban Renewal": Antidisplacement Advocacy and Relocation Rights Enforcement (CLEARINGHOUSE REVIEW, Sept-Oct. 2003) (www.nhlp.org)

  2. HOPE VI Relocation Outline (www.nhlp.org)

  1. Guidance with respect to the application of the Uniform Relocation Act in HOPE VI Projects (www.nhlp.org)

      1. CPD 02-08 - September 17, 2002 - Guidance on the Application of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA), as Amended, in Hope VI Projects

http://www.hud.gov/offices/cpd/lawsregs/notices/2002/index.cfm

      1. CPD 04-02 - February 3, 2004 - Revision to Notice CPD 02-8, Guidance on the Application of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA), as Amended, in Hope VI Projects.

http://www.hud.gov/offices/cpd/lawsregs/notices/2004/index.cfm

10. Summary of Relocation Benefits (Associated Right of Way Services, Inc.) (www.nhlp.org)



6-A Mixed-Finance Public Housing Development for Dummies

    1. 24 CFR Part 941, subpart F

  1. HUD’s mixed-finance website: http://www.hud.gov/offices/pih/programs/ph/hope6/mfph/

  1. Includes links to model Regulatory and Operating Agreement, Rental Term Sheet, Management Agreement, Ground Lease, etc. [to be added later]

  2. The Mixed-Finance Guidebook (HUD), Chapter 1 [to be added later]

  3. Arbor Oaks, Baltimore, MD and Summerdale Commons, Atlanta, GA



6-B Unique Issues Related to Housing People with Disabilities

1. Early Termination of a Lease

    1. Structural Modifications in Public and Section 8 Housing

    1. Neighbors Buying Property to Prevent the Establishment of a Group Home

    1. Disability Discrimination in the Housing Application and Screening Process

    2. Right to Emotional Support Animals in "No Pet" Housing

    3. Using Reasonable Accommodations to Eliminate Financial Barriers in Housing Applications

    4. Allocating the Burden of Proof in Disability Cases Under the Fair Housing Act

    5. Handling Fair Housing Act Disability Claims in the Context of an Imminent or Pending Eviction Action

    6. The Illegality of “Independent Living” Requirements in Rental Housing, Assisted Living Centers and Continuing Care Retirement Communities

    7. Michael Allen, Increasing the Usability of Housing Choice Vouchers for People with Disabilities.







6-C Federal Housing Rent Simplification

  1. Center on Budget and Policy Priorities, Appendix: Comparison of Rent Policies Under Current Law, Administration’s Proposed State and Local Housing Flexibility Act, and Bipartisan Section 8 Voucher Reform Act (Aug. 2006).

  2. Will Fischer, Rent Changes in Housing Bill Will Help Many Tenants (Center on Budget and Policy Priorities, Aug. 1, 2006).



6-D Enforcing Federal Housing Rights Via Section 1983 & Implied Rights of Action

    1. Jane Perkins Clearinghouse Review Article on Section 1983

    2. Lauren Saunders Clearinghouse Review Article on Preemption

    3. Lauren Saunders article "OVERRULE THIBOUTOT?"

6-E Condominium Conversion Issues

No Supplemental Material

7-A Defending One-Strike Evictions

  1. Scarsborough Amicus

  2. Scarsborough Response

  3. Scarsborough US

  4. Scarsborough Landlord

  5. Garcia - BHA Brief

  6. Garcia - BHA Brief2

  7. Garcia - Final

  8. Garcia - Reply

  9. Garcia - HUD Amicus

  10. Costa v. Fall River



7-B Litigating Fair Housing Cases

No Supplemental Material





7-C Dealing with Policy Controversies: The Interest of Clients and the Community

No Supplemental Material



7-D Addressing Implications of a Moving to Work Designation

    1. The Urban Institute, Metropolitan Housing and Communities Policy Center, Housing Agency Responses to Federal Deregulation: An Assessment of HUD’s ‘Moving to Work’ Demonstration (2004) available at http://www.hud.gov/offices/pih/programs/ph/mtw/evalreport.pdf.

    2. Will Fischer & Barbara Sard, Inspector General Reports on HUD’s Moving to Work Demonstration Raise Serious Questions (Center on Budget and Policy Priorities, July 13, 2006), available at http://www.cbpp.org.



7-E Addressing Minority Health Disparities Through Housing Advocacy

  1. May-June 2005 Clearinghouse Review Healthy Homes Articles, available at http://www.afhh.org/res/res_publications_CR05062005.htm

  1. Ralph Scott, Advocates for Healthy Housing, SHELTERFORCE (March-April 2005) available at http://www.nhi.org/online/issues/140/healthyhomes.html

  2. Patrick Breysse et al., The Relationship between Housing and Health: Children at Risk, 112 ENVIRONMENTAL HEALTH PERSPECTIVES 1583 (November, 2004) available at http://www.ehponline.org/members/2004/7157/7157.html

  3. David E. Jacobs, Housing & Health: Challenges and Opportunities, reprinted in Proceedings of the 2nd WHO International Housing and Health Symposium (2004) at 35, available at http://www.euro.who.int/Document/E87878_pt1.pdf

  4. Ernie Hood, Dwelling Disparities: How Poor Housing Leads to Poor Health, 113 Environmental HEALTH PERSPECTIVES A310 (May 2005), available at http://www.ehponline.org/members/2005/113-5/ehp0113-a00310.pdf

  5. Helen Epstein, Ghetto Miasma-Enough to Make You Sick, NEW YORK TIMES (October 12, 2003) available at http://query.nytimes.com/gst/fullpage.html?sec=health&res=9905E0DD113CF931A25753C1A9659C8B63

  6. Additional materials available at: Www.centerforhealthyhousing.org







8-A Utility Allowances in Federal Housing

  1. Housing Law Bulletin articles on Utility Allowance Problem and Cases (McDowell and Johnson)

  1. Sample demurrer (motion to dismiss) to eviction action for nonpayment of rent due to failure to adjust allowances (Bay Area Legal Aid, Oakland, CA)

  2. R. Colton, Five Things to Do Before October 1 [to address high energy costs for low-income people]



8-B Saving Manufactured (Mobile) Home Parks

No Supplemental Material



8-C Consequences of Underfunding Public Housing Operating Subsidies and the

Switch to Asset Management

No Supplemental Material



8-D Linking Eviction Defense to Education Rights

    1. Text of McKinney-Vento Act

http://www.naehcy.org/mckinney.html

    1. Federal non-regulatory guidance on Subtitle VII-B of the McKinney-Vento Act, updated July 21, 2004

http://www.naehcy.org/guidance.pdf

    1. Homeless Education: An Introduction to the Issues

http://www.serve.org/nche/downloads/briefs/introduction.pdf

    1. State level resources for McKinney-Vento Act Advocacy

http://www.serve.org/nche/states/state_resources.php

    1. Determining Eligibility for Rights and Services Under the McKinney-Vento Act

http://www.serve.org/nche/downloads/briefs/det_elig.pdf