In late October, the U.N. Special Rapporteur on the Right to Adequate Housing undertook an official visit to the U.S. to "examine the realization of the right to adequate housing, in particular in relation to subsidized housing programmes, the homeless situation and the foreclosure crisis." She met with federal, state, and local government officials, non-profit organizations, and community members in six cities and on one Native American reservation. The Special Rapporteur released her report on February 12, 2010.
In her report, the Special Rapporteur criticizes federal policies that allow public housing authorities to screen and evict tenants on the basis of criminal activity. Although she recognizes that the government must protect residents of subsidized housing, she expresses her concern that one-strike policies discriminate against minorities, pointing to Bureau of Justice Statistics data showing that black and Hispanic men face a much higher chance of incarceration than white men. She also notes the “fragmenting effects” of one-strike policies on families. In addition, the Special Rapporteur indicates that despite passage of the Violence Against Women Act, one-strike policies continue to target victims of domestic violence, dating violence, or stalking.
Ultimately, the Special Rapporteur concludes that zero tolerance policies are not an appropriate way to maintain a safe environment in subsidized housing. She urges the federal government to “commit resources to determine the real effects of such policies on families, particularly minority families, and reform these policies.” In an even bolder step, she recommends that the federal government “prohibit the use of criteria such as drug tests and criminal records, for gaining access to subsidized housing.” It remains to be seen if HUD or Congress will take any action in response to the report.
