Domestic Violence & Housing

1. Domestic Violence & Housing The status in Missouri

2. Jennifer Carter Dochler Education & Outreach Coordinator jennc@mocadsv.org www.mocadsv.org

3. MCADSV • Education • Alliance • Assistance • Research

4. Domestic violence A pattern of assaultive and coercive behaviors that adults or adolescents use against their current or former intimate partner. Domestic violence is purposeful behavior. The batter’s pattern of abusive acts is directed at achieving control from or control over the victim.

6. Consolidated Plan & Special Needs Housing • MHDC’s 33% priority on producing affordable rental housing for special needs individuals is the most aggressive in the country. • All of those programs have at their core, a believe that by providing at-risk households support services and long term housing assistance, the probability of keeping those individual permanently housed increases.

7. Consolidated Plan & Special Needs Housing • At-risk households: • individuals living with mental illness, • adults living with developmental or physical disabilities, • households that have multiple barriers to independence, • households that my have experienced periods of homelessness before

8. 2014 Qualified Allocation Plan • Formerly homeless households; • Persons who are physically, emotionally or mentally impaired or suffer from mental illness; • Persons who are developmentally disabled; • Or youth aging out of foster care.

9. Domestic violence as special need • Multiple barriers • Substance abuse • Discrimination • Repeated episodes of homeless/fleeing abuser • Complex trauma, PTSD, anxiety, depression • Physical/mental disability based on assaults

10. MCADSV Service Standards & Guidelines Shelter Transitional Housing Hotline Crisis Intervention Services for Children Support Group Professional Therapy Court Advocacy Hospital/medical advocacy Board of Directors Administrative Documentation Confidentiality Volunteers Training Dual training

11. Types of DV-specific housing • Focus is on emergency shelter • Transitional housing limited • Very few programs currently receive permanent or rapid re-housing dollars

12. National Domestic Violence Hotline • In 2013 the Hotline documented 2,509 calls from Missouri. The state ranks sixteenth in terms of Hotline call volume. • 32% requesting domestic violence shelter • (Though Advocates may sometimes offer homeless shelters and other community resources to certain callers, this number only represents victims who are seeking domestic violence related residential services.)

13. NNEDV Census September 17, 2013 Impact of Unmet Requests for Help Domestic violence programs do not always know what happens when a survivor courageously calls to ask for a bed or other help and the services aren’t available. However, • 46% of programs report that victims return to their abuser, • 23% report that victims become homeless, and • 8% report that the families are end up living in their cars.

14. How MO compares to other states • Number of dv shelters: • Alabama: 18 - Kansas: 26 • Texas: 98 - Missouri: 69 • California: 99 - Louisiana: 17 • Michigan: 66 - Georgia: 50 • Illinois: 55 - Indiana: 47 • Iowa: 25 - Tennessee: 32

15. Missouri Statewide Bedspace Domestic Violence Housing Inventory Chart * Emergency Shelter 5,843 Transitional Housing 3,710 * Does not include domestic violence beds • Emergency Shelter • 1,651 • Transitional Housing • 285

16. Missouri CoC Housing Inventory Count 2012* • St. Louis City • ES 751 • TH 749 • St. Louis County • ES 152 • TH 343 • St. Charles • ES 251 • TH 267 • Kansas City • ES 1,167 • TH 798 • Balance of State • ES 1,608 • TH 795 • St. Joseph • ES 130 • TH 33 • Springfield • ES 277 • TH 422 • Joplin • ES 1,507 • TH 305

17. Domestic Violence Bedspace by Region • Central • ES 241 • TH 9 • Southwest • ES 367 • TH 58 • Southeast • ES 200 • TH 10 • Kansas City • ES 324 • TH 111 • Northwest • ES 276 • TH 61 • Northeast • ES 113 • TH 0 • St. Louis • ES 130 • TH 36

18. Bednights

19. Sheltered and Turned Away

20. Housing is a priority MeliahSchultzman, staffattorneywith theNationalHousingLaw Project (NHLP): “A key reasonwhymanysurvivorsstay inabusive relationships isthelackof affordable  alternative  housing  options.Inmany jurisdictions,thewaiting lists for affordable housing are quite long, whichisnotpractical for survivors whoneed to relocate immediately.”

21. Why housing? • Domestic violence survivors are at high risk for housing instability. • Survivors face a variety of barriers when they lack stable housing. In fact, the more unstable their housing, the more they are at risk for a variety of other challenges from PTSD to negative outcomes for children. • Many domestic violence programs do not offer long-term housing options.

22. Why housing? • Homeless women are at a greater risk for sexual assault. Low-income housing reduces risk compared to homeless.

23. Missouri specific • Currently, Missouri does not have private housing protections so the public protections are critical to be understood and implemented. • The public housing protections we have are critical. • We need YOU to help our community end rape and abuse.

24. What is VAWA? • The Violence Against Women Act (VAWA) • Federal law • 1994, 2000, 2005, 2013 • Housing protections included in 2005 and expanded in 2013 • 2013 makes housing protections more consistent

25. What is included? • Department of Agriculture • Rural Development (RD) multifamily housing programs. • Department of Treasury • Low-Income Housing Tax Credit (LIHTC)

26. What is included? • Department of Housing and Urban Development (HUD) • Public housing; • Section 8 Housing Choice Voucher program; • Section 8 project-based housing; • Section 202 housing for the elderly; • Section 811 housing for people with disabilities; • Section 236 multifamily rental housing; • Section 22 1(d)(3) Below Market Interest Rate (BMIR) housing; • HOME; • Housing Opportunities for People with Aids (HOPWA); • McKinney-Vento Act programs.

27. Who is protected? 1.Is a victim of actual or threatened domestic violence, dating violence, sexual assault or stalking, or an “affiliated individual” of the victim (spouse, parent, brother, sister, or child of that victim; or an individual to whom that victim stands in loco parentis; or an individual, tenant or lawful occupant living in the victim’s household) AND As such, VAWA 2013 protects anyone who: 2.Is living in, or seeking admission to, any of the covered housing programs

28. VAWA 2013: Changes • The definition has changed … • No longer must the household member be related by blood or marriage to the victim • A person is protected simply because they live in the household

29. New definitions • “Domestic violence” include crimes of violence committed by an intimate partner of the victim or by a person who has cohabitated with the victim as a intimate partner • “Stalking” includes a more general definition

30. Who must comply? • Public housing authorities, owners and managers participating in the covered housing programs

31. Denial • Continued 2005 protections that prohibit an applicant or tenant from being denied admission to, denied assistance under, terminated from participation in, or evicted from housing on the basis that the applicant or tenant is or has been a victim of domestic violence, dating violence, sexual assault or stalking.

32. Criminal activity relating to abuse • An incident of actual or threated domestic violence, dating violence, sexual assault or stalking will not be construed as a serious or repeated violation of these lease by the victim and will not be good cause for terminating the assistance or tenancy of the victim

33. Criminal activity relating to abuse • Prohibits any person from being denied assistance, tenancy or occupancy rights to housing solely on the basis of criminal activity if that activity is directly related to domestic violence, dating violence, sexual assault or stalking

34. “Actual and imminent threat” • A PHA, owner or manager may evict or terminate assistance to a victim if the PHA, owner or manager can demonstrate an actual and imminent threat to other tenants or employees

35. Victims must be held to same standard • Cannot subject a victim to a more demanding standard than other tenants in determining to evict or terminate assistance

36. Bifurcation • Continued 2005 to allow bifurcation • 2013 adds a new protection for tenants who remain in the housing as a result of bifurcation. • Remaining tenants have opportunity to establish eligibility for assistance

37. Portability • May still permit PHA to move to another jurisdiction • 2013 failed to extend this section to include victims of sexual assault – most likely oversight

38. Certification • Discretion of PHAs and owners – allows but does not require a written request • Agency approved form • 2013 expanded: Other permissible documents by third-parties • Timeline: 14 days but PHA may extend

39. Emergency Transfers • Transfer to another unit for their safety • Transfer plan must include reasonable confidentiality to prevent abuser from learning of new location • HUD must establish policies and procedures to receive a tenant protection voucher – unclear when transfer voucher not feasible

40. Confidentiality • Must keep victim-related information confidential including victim status • Information cannot be entered into a shared database or disclosed to another entity unless • Individual requests it • Required for use in eviction proceedings • Good cause to terminate • Criminal activity

41. Notification • VAWA 2013 significantly revised notification requirements • Notice MUST be given to all tenants advising them of their rights • How do you advertise these protections?

42. Language Access • HUD prohibits discrimination against persons of limited English proficiency. • HUD notice must be available in multiple languages

43. Resources • NNEDV Census • www.nnedv.org/downloads/Census/DVCounts2013/State_Summaries/DVCounts13_StateSummary_MO.pdf • MCADSV domestic violence 2013 stat sheet • National Domestic Violence Hotline

44. Resources • National Housing Law Project • nhlp.org/files/10%20VAWA%202013%20Article%20-%20Legal%20advocates_0.pdf • MHDC Housing Study • www.mhdc.com/ci/documents/HS2013.pdf

45. Disclaimer • The contents of this PowerPoint may be reprinted and adapted by MCADSV members and allied professionals. We request that any materials that are reprinted or adapted be accompanied by the following acknowledgment: • [insert name of person or company] gratefully acknowledges the Missouri Coalition Against Domestic and Sexual Violence for the development of these materials. • We encourage you to use the material as it was developed. If you want to modify the material because you have a different audience or time constraints that prevent you from implementing the material as it was developed, please remove the MCADSV logos from the material prior to printing and distribution.