BILL ANALYSIS
AB 1818
Page 1
Date of Hearing: April 29, 2008
ASSEMBLY COMMITTEE ON VETERANS AFFAIRS
Mary Salas, Chair
AB 1818 (Fuentes) - As Amended: April 28, 2008
SUMMARY : Allows sponsors of supportive housing developments to
restrict occupancy to veterans with special needs if, among
other things, it is on property owned or leased by the United
States Department of Veterans Affair or is on property owned or
leased by the California Department of Veterans Affairs.
Specifically, this bill : provides that the sponsor of a
supportive housing development may restrict occupancy to
veterans, if all of the following conditions apply:
1.The veterans to be served possess significant barriers to
social reintegration and employment that require specialized
treatment and services and are due to a physical or mental
disability, substance abuse, or the effects of long-term
homelessness;
2.The sponsor also provides, or assists in providing, the
specialized treatment and services;
3.The project is located on property owned or leased by the
United States Department of Veterans Affairs or the California
Department of Veterans and leased to the sponsor for a term of
at least 55 years; and,
4.The project meets all the other requirements for assistance,
and would have rated or ranked high enough to receive an award
without the occupancy restriction.
EXISTING LAW :
1.Provides for the regulations and administration of the
Emergency Housing and Assistance Program. Provides that the
emergency shelter and services will be provided on a
first-come first-served basis, and that nothing in existing
law shall be construed to preclude a provider of emergency or
transitional housing from restricting occupancy on the basis
of either sex or military veteran status, if the veterans
served possess significant barriers to social reintegration
and employment due to a physical or mental disability,
AB 1818
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substance abuse, or the effects of a long-term homelessness
that require specialized treatment and services, and the
provider of emergency shelter or transitional housing also
provides the specialized treatment and services. (Health &
Safety Code Section 50801.5(b)(3).)
2.Establishes the Multifamily Housing Program, administered by
the Department of Housing and Community Development, to
provide funding for the new construction, rehabilitation, and
preservation of permanent and transitional rental housing for
low income households. Provides that eligible applicants
include local public entities, for profit or nonprofit
corporations, limited equity housing cooperatives,
individuals, Indian reservations and rancheries, and limited
partnerships. Provides that applicants must have developed at
least one affordable housing development. Provides that funds
will be made available as deferred payment loans. Provides
that, in exchange for state funds, the developer must agree to
maintain the units as affordable for 55 years. (Health and
Safety Code Section 50675.1.)
3.Prohibits discrimination on the basis of race, national
origin, ethnic group identification, religion, age, sex, color
or disability under any program or activity that is conducted,
operated, or administered by the state or state agency, that
is funded directly by the state, or that receives any
financial assistance from the state. (Government Code Section
11135.) Other provisions of state law and many local
ordinances prohibit discrimination in housing based on a
number of specified characteristics. (Fair Employment and
Housing Act (Government Code Sections 11135, 12920 and 12955);
Unruh Civil Rights Act (Civil Code Sections 51, 51.3, 51.10);
Health and Safety Code Section 50800 et seq.)
FISCAL EFFECT : Unknown
COMMENTS : According to the author's office, current law does
not allow, or is not clear about allowing, housing providers to
restrict occupancy to veterans with special needs. The author's
office states that this uncertainty is reinforced by the
fact that the State Legislature in 2003 passed legislation that
allows state funds to be used for shelters and transitional
housing, but does not reference permanent supportive housing.
According to the sponsor, this bill will help address the
challenges to veterans with special needs by providing an
AB 1818
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alternate housing option.
AB 1818 prior to the April 3, 2008 amendment was opposed by the
Western Center on Law and Poverty in a letter which stated, "AB
1818 redirects very limited resources, desperately needed by
numerous Californians, to a single, albeit equally worthy group:
veterans." This opposition centered on whether the inclusion
of qualified veteran only housing projects would drain finite
funding resources faster. Limiting access to specified
properties will protect the funds and ensure that other needy
groups may access existing funds. Those funds are intended to
help the large number of California's renters who face excessive
housing costs as a result of having special housing needs
arising from their employment status, age, or disability.
Available data on the homeless population indicate that Veterans
make up 25% of the homeless population in California.
Overwhelming Number of U.S. Homeless Veterans . According to the
U.S. Department of Veteran Affairs (DVA), there are
approximately 154,000 homeless veterans in our nation and twice
as many experience homelessness at some point during the course
of a year. The DVA website states that many other veterans are
considered near homeless or at risk because of their poverty,
lack of support from family and friends, and dismal living
conditions in cheap hotels or in overcrowded or substandard
housing. According to the DVA, the number of homeless male and
female Vietnam era veterans is greater than the number of
service persons who died during that war -- and a small number
of Desert Storm veterans are also appearing in the homeless
population. Almost all homeless veterans are male (about three
percent are women), the vast majority are single, and most come
from poor, disadvantaged backgrounds. Similar to the general
population of homeless adult males, about 45% of homeless
veterans suffer from mental illness and (with considerable
overlap) slightly more than 70% suffer from alcohol or other
drug abuse problems. Roughly 56% are African American or
Hispanic.
A report by the Democratic staff of the House Veterans Affairs
Committee found that from October 2005 to June 2006, the number
of Iraq and Afghanistan veterans seeking services from walk-in
veterans centers doubled, from 4,467 to 9,103. An article by
the Washington Post supports the need for more options for
homeless veteran where it states, "As in the Vietnam War era,
when thousands of vets ended up homeless, there are already
AB 1818
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signs that the recent conflicts are taking a traumatic
psychological toll on some service members. Many veterans'
advocates said that despite unprecedented attempts by the
military and Veterans Affairs to care for veterans, increasing
numbers of the new generation of warriors are ending up
homeless."
"This is something we need to be concerned about," said Cheryl
Beversdorf, President of the National Coalition for Homeless
Veterans, a Washington-based nonprofit.
Committee Questions:
1.Does limiting these projects to a small amount of sites serve
the purpose of potentially providing shelter the overwhelming
number of homeless veterans?
2.Is the legislative intent of this bill to limit the types of
veteran only housing that can be funded with state funds?
3.Should the bill be amended to include a declaration of
existing law that clarifies that veteran only housing is not
discriminatory?
REGISTERED SUPPORT / OPPOSITION :
Support
A Community of Friends, Inc. (sponsor)
California Association of Veterans Service Agencies
California State Commanders Veterans Council
Century Housing
Housing California
New Directions, Inc.
Swords to Plowshares
Tenderloin Neighborhood Development Corporation
Western Center on Law & Poverty
Opposition
None on file
Analysis Prepared by : Eric Worthen / V. A. / (916) 319-3550