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Exclusions based on criminal records ostensibly protectexisting tenants.There is no doubt thatsome prior offenders still pose a risk and may be unsuitable neighbors in manyof the presently-available public housing facilities.But U.S. housing policies are so arbitrary,overbroad, and unnecessarily harsh that they exclude even people who haveturned their lives around and remain law-abiding, as well as others who maynever have presented any risk in the first place.
There is no national data on the number of people excludedfrom public housing because of criminal records, or even the number of peoplewith criminal records who would be ineligible if they applied.But we know that there are several millionex-felons in the United States; under current housing policies,everyone convicted of a felony is automatically ineligible for a minimum offive years.We also know that there aretens of millions of Americans who have been convicted of misdemeanors, ormerely arrested but never convicted of any offense, and they too can be andoften are excluded from public housing on the basis of their criminal records.
In addition to the explicit goal of protecting tenantsafety, there seem to be at least two other reasons for criminal recordexclusions in public housing.The firstis a widespread belief in the United States that people who have broken the lawdo not deserve a second chance and are the legitimate target of policies thatare little more than expressions of disdain and hostility.Such a punitive view ignores the right of allpeople to a life with dignity and should have no place in housing policy.
Most PHAs automatically deny eligibility to an applicantwith a criminal record without considering rehabilitation or mitigation.Consideration of those factors typicallyoccurs only if and when an applicant for housing seeks administrative review ofa denial of eligibility.Those who havelawyers often win such appeals.But manyapplicants for public housing are unable to secure representation, and aretherefore unable to successfully challenge denials.
Some attention is appropriately and finally being paid tothe needs of many returning prisoners for supportive, transitionalservices.But there has been relativelylittle attention so far to the many \"collateral consequences\" of imprisonmentor having a criminal record that erect often insurmountable barriers tosuccessful reentry. Many of thesebarriers are the result of public laws and directly restrict the rights andopportunities of those with criminal records.
They have a responsibility for tenants, but also theresponsibility to be the housing of last resort.They receive large sums of federal money tobe the bottom-line safety net of housing for folks out there.The Housing Authority is that safetynet.That's why they can get all thosegrants. If it wasn't the intention to make sure that the safety net is there,why give them all that money. . . Ifall they want to do is cream the population and take the best, why are theygetting all that money . . . Housing authorities used to be the ones thatwould give people a second chance.[40]
To date, no federal reentry initiative has proposed toincrease the supply of public housing.And the Enhanced Second Chance Act is the only legislation thus far thatwould address the barriers to successful reentry that are embedded in existinghousing policies.Finally, there is nodesignated federal funding for alternative facilities to house those currentlyexcluded from existing public housing because of their criminal records.
Because of the extraordinary demand for affordablerental housing, public and assisted housing should be awarded to responsibleindividuals. . . . At a time when the shrinking supply of affordable housing isnot keeping pace with the number of Americans who need it, it is reasonable toallocate scarce resources to those who play by the rules. There are manyeligible, law-abiding families who are waiting to live in public and assistedhousing and who would readily replace evicted tenants. By refusing to evict orscreen out problem tenants, we are unjustly denying responsible and deservinglow-income families access to housing and are jeopardizing the community andsafety of existing residents who abide by the terms of their lease.[50]
HUD's argument of an essentially zero-sum game betweendeserving and undeserving families in housing allocation also ignores the factthatmany of those who seek access topublic housing want to join families who are already public housing tenants.[51]Permitting people with criminal records tojoin their families would not reduce the overall number of available housingunits.
International human rights law acknowledges the right tohousing as an integral component to the right to an adequate standard ofliving.The United States has been reluctant tofully embrace the idea of the right to housing and has been inconsistent in itsposition on this point in international fora.United Statesofficials have been clear, however, that they do not view public housing as aright.And there is little sign thatofficials have acknowledged the fact that access to public housing may be theonly realistic way of realizing the right to adequate housing.[53]
It is difficult to quantify the effect of these criminalrecord exclusions.There is nocomprehensive, reliable national data on the number of applicants who arerejected because of criminal records and no way of calculating the number ofpeople who, believing they would be ineligible under the policies, never evenbother to apply for public housing.
Despite a lack of evidence that strict exclusionary policiesare necessary for public safety, PHAs are reluctant to explore whether theyshould be changed.\"It's not a causalrelationship I can draw,\" said NYCHA's general manager, \"but if we change [thepolicy], we don't know what would happen.. . . I'm not sure I'd want to find out.\"[112]
Before we began designing the study, I had studentslook for existing studies that had been done on the connection betweenex-offenders and public housing.Wewanted to know: do they make good or bad tenantsThey couldn't find anything, and I thought,well, maybe they're not looking in the right places.And I had others look, and there wasnothing.I was surprised.[113]
While Jolin explained that much has been written about crimein public housing, there was nothing about what, in fact, makes for a goodtenant.\"People had always just gonewith the assumption that having a criminal record makes someone a bad tenant,\"she said, \"and that has never been empirically demonstrated.\"[114]
Based on interviews with public housing officials, Jolin andher team will operationalize the definition of a \"good tenant.\"They will then look at whether tenants in thesubject population pay their rent on time, maintain their apartments, createproblems for neighbors, or get evicted.While she plans to look at rates of recidivism, Jolin said, \"that's notreally the point.We really want tofocus on whether or not they are good tenants.\"
Indeed, denying people with criminal records some form ofaffordable housing may create a greater threat to public safety for communitiessurrounding PHA developments.Life onthe streets can create desperation and incentives to break the law.\"Homeless people are much more likely tocollect criminal records just for being there-for living private lives inpublic places,\" explained the director of Baltimore'sHealthcare for the Homeless. \"If I want to drink a couple of bottles of wine,no problem.On a street corner, thereare consequences.\"[125]
Transient living disrupts a child's education,emotional development, and sense of well-being.There is no way to know how many children are excluded along with theirparents from public housing. But we do know that an estimated 1.5 million minor children have at least one parent inprison on any given day in the United States, and over ten million had aparent in prison at one point in their lives.[129]Children are \"[i]n some ways . . . the unseenvictims of the prison boom and war on drugs[,]\"[130]and, hence, the unseen victims of exclusionary housing policies.
P.C. is aforty-one-year-old African American woman living in Pittsburgh with her nine-year-old son.She was arrested for a child abuse chargewhich was subsequently dropped, but she was evicted from her public housingapartment as a result of the arrest.Shelived with relatives after her eviction but could not afford her share of therent, so she and her son moved in with her son's grandfather.Ms. C. re-applied for public housing, and shewas denied in September 2002 because she was told she owed back rent for theapartment from which she was originally evicted.Ms. C. borrowed money and found assistancefrom a community-based organization to help her pay the $839 she owed.But after she paid, she was notified in March2003 that her application was denied because of her criminal background.
This is a threat to the community; people who caninfluence the community, sit there on the stoop and teach kids how to commitcrime. . . . There is a greater propensity for crime in public housing thatwon't happen in other communities.Ifyou are a habitual shoplifter, that shoplifting can lead to anything else thatseems to be prevalent in public housing.[144]
The logic in theseexplanations is questionable, especially where the relationship between theoffense and responsible tenancy is remote.Moreover, they suggest an underlying punitive bias rather than a genuinepublic safety concern.For example,another Pittsburghhousing official told Human Rights Watch:\"People have to understand that there are consequences to theiractions.\"[145] 153554b96e