BILL ANALYSIS Ó SENATE COMMITTEE ON VETERANS AFFAIRS Senator Jim Nielsen, Chair 2015 - 2016 Regular Bill No: SB 866 Hearing Date: 4/12/16 ----------------------------------------------------------------- |Author: |Roth | |-----------+-----------------------------------------------------| |Version: |3/14/16 | ----------------------------------------------------------------- ----------------------------------------------------------------- |Urgency: |No |Fiscal: |Yes | ----------------------------------------------------------------- ----------------------------------------------------------------- |Consultant:|Wade Teasdale | | | | ----------------------------------------------------------------- Subject: Veterans housing DESCRIPTION Summary: Authorizes a housing developer or service provider that receives bond moneys under the Veterans Housing and Homeless Prevention Bond Act of 2014 (VHHP), to provide housing or services to veterans and their children in women-only facilities in limited instances, as specified. Existing law: 1)Enacts the VHHP, also known as Proposition 41, which authorized the issuance of $600 million in general obligation bonds to provide multifamily housing to veterans pursuant to the VHHP. 2)Requires specified state departments to collaborate in establishing and implementing VHHP housing programs that focus on veterans at risk for homelessness or experiencing temporary or chronic homelessness. (Department of Housing and Community-HCD, Department of Veterans Affairs-CalVet, California Housing Finance Agency-CalHFA) 3)Requires the departments, to the extent feasible, to prioritize VHHP projects that combine housing and supportive services, including, but not limited to, job training, mental health and drug treatment, case management, care coordination, or physical rehabilitation. 4)Prohibits discrimination in housing based on race, color, SB 866 (Roth) Page 2 of ? religion, sex, sexual orientation, marital status, national origin/ancestry, familial status (households with children under age 18), source of income, disability, and age. This bill: 1)Establishes the "Veterans Housing and Homeless Prevention Act of 2016: Proposition 41 Expenditures: Military Sexual Trauma." 2)For specified purposes, defines "women-only facilities" as those that may house and provide services to female veterans only and their children, and shall not house or provide services to any adult who is not a dependent of a female veteran. 3)Provides that a housing developer or service provider - that receives VHHP bond moneys - may provide housing or services to female veterans and their children in women-only facilities in limited instances, specifically when a female veteran: a) Has suffered any form of sexual abuse, trauma, or intimidation or harassment while serving in the military and is seeking treatment for that sexual abuse, trauma, or intimidation or harassment, or (B) is seeking the housing or services as a result of being a victim of sexual abuse or domestic violence; or b) Is seeking the housing or services as a result of being a victim of sexual abuse or domestic violence. 4)Provides that a housing developer or service provider that provides housing or services to female veterans in women-only facilities pursuant to paragraph (1) shall ensure that the housing or services shall provide supportive housing or services with a focus on, among others, treating the effects of military sexual abuse, trauma, or intimidation in a gender-specific manner. 5)Makes legislative findings and declarations: a) The significant number of women veterans, as a percentage of all veterans, and also as California's share of the nation's total population of women veterans. b) The statistical percentage of women veterans who have SB 866 (Roth) Page 3 of ? experienced military sexual trauma (MST). c) The life-changing consequences of MST on victims, including, for example, the increased risks post-traumatic stress disorder (PTSD) of becoming homeless following separation from the military. d) The need to ensure that women veterans, particularly those who have suffered MST and its negative consequences, receive women-centered treatment, which has been demonstrated to be "the most important factor contributing to their comfort" with federal veterans' benefit services. e) Providing gender-specific treatment and housing, pursuant to this act: i) Serves a compelling state interest, which interest is providing the best possible treatment to female veterans, who have served our country and who now face additional hurdles that disproportionately affect female veterans over male veterans. ii) Is substantially related to the achievement of those objectives. BACKGROUND Veterans Housing and Homelessness Prevention Program According to a federal agency report to the Congress: A veteran is 50 percent more likely to be homeless than a nonveteran. Although only eight percent of adults in the United States are veterans, federal surveys suggest that veterans represent up to 16 percent of America's homeless population. According to one major point-in-time survey, on a given night nearly half of homeless veterans were concentrated in just four states: California, Florida, Texas, and New York - even though only 28 percent of all veterans were located in those same four states. In November 2014, voters approved the VHHP Bond Act of 2014, SB 866 (Roth) Page 4 of ? also known as Proposition 41, which authorized the issuance of $600 million under AB 639. The VHHP requires CalHFA, HCD, and CalVet to establish and implement a program that focuses on veterans at risk of homelessness or experiencing temporary or chronic homelessness. This program will fund the acquisition, construction, rehabilitation, and preservation of affordable multifamily supportive housing, affordable transitional housing, affordable rental housing, or related facilities for veterans and their families to allow veterans to access and maintain housing stability. More specifically, the Act requires the program to: 1) Leverage public, private, and nonprofit funding sources; 2) Prioritize projects that combine housing and supportive services, including but not limited to: job training, mental health, drug treatment, case management, care coordination, or physical rehabilitation; and 3) Ensure that program guidelines and terms provide requirements or scoring criteria to advance applicants with that combine permanent or transitional housing, or both, with supportive services for veterans, or for partnering with housing developers or service providers that offer housing or services to veterans. Unique Needs of Women Veterans A recent report by the federal Government Accountability Office found that women veterans identifying themselves as homeless more than doubled, increasing by more than 140% from 2006 to 2010. During the same time frame, there was a 45% increase in homelessness for male veterans. For female veterans, especially those who have suffered from military sexual trauma, living in a housing facility that houses mainly men poses serious safety and health risks. Women do not feel comfortable or safe in these facilities. Most (about 60%) of transitional housing facilities do not allow young children. This limitation, combined with the safety risks of living in male dominated facilities, makes finding housing for female veterans with children nearly impossible. SB 384 seeks to eliminate some of these barriers by ensuring that funding is SB 866 (Roth) Page 5 of ? available for housing for underserved veterans - allowing construction of facilities that serve this vulnerable population. In a recent white paper ("Women Veterans Must Have Equal Access to Veteran-Only Permanent Housing Facilities under the Fair Housing Laws," March 2016), the Women's Law Center stated: "Veteran-only supportive housing facilities are intended to couple access to medical and social services with permanent housing solutions, serving an essential function in helping veterans who have encountered difficulty adjusting to civilian life get back on their feet. Many veterans are confronted with mental and physical health issues resulting from their military service. For example, many women veterans who were the victims of military sexual trauma (MST) suffer from PTSD and other related disabilities. Supportive housing is intended to serve all veterans and to accommodate and serve veterans with disabilities, among others. Women veterans, however, are deterred from seeking veteran-only housing or are effectively being denied equal opportunity to use and enjoy such facilities because of conditions such as MST-related PTSD. These disabilities are exacerbated when women veterans who suffered MST are required to live in an environment that triggers their experience of being in the male-dominated military where they were assaulted or harassed. Women veterans have legitimate concerns about their mental and physical well-being living in such facilities because veteran-only housing providers fail to make gender-specific accommodations for MST-related disabilities." Equal Opportunity/Anti-Discrimination Law In November 1996, California voters approved Proposition 209, also known as the "California Civil Rights Initiative," which prohibits the State from using race and gender conscious decision-making in the areas of public employment, public education, and public contracting or procurement. The Fair Employment and Housing Act, which includes the California Family Rights Act, prohibits harassment and discrimination in employment on the basis of numerous specified SB 866 (Roth) Page 6 of ? attributes, including sex, gender, gender identity, and gender expression. Under the Unruh Civil Rights Act, all persons are entitled to full and equal accommodations, advantages, facilities, privileges, or services in all business establishments, including both private and public entities. The Unruh Civil Rights Act protects all persons against arbitrary and unreasonable discrimination by a business establishment. Some debate has occurred within the women's and veterans' advocacy communities that existing anti-discrimination law may hinder the state's ability to accommodate the needs of women veterans with MST-caused disabilities by permitting veteran-only housing providers to provide the option of separate housing for women veterans. However, others have opined that the failure of housing providers to grant equal access to veteran-only permanent housing to women veterans, who have incurred disabilities as a result of military sexual trauma, constitutes disability discrimination. The Women's Law Center says: Both federal and state law prohibits discrimination in housing, including discrimination based on disability. For example, the federal Fair Housing Act and its amendments (the "FHA") were enacted to provide for fair housing throughout the United States. The FHA has a broad reach and encompasses the owner, operator and manager of any covered property, as well as those involved in the design or construction of covered housing. The FHA has two important tenets: (1) a mandate not to discriminate and (2) an affirmative duty to accommodate the needs of protected classes to ensure that they have equal access to housing facilities. Specifically, the FHA makes it unlawful "[t]o ? make unavailable or deny, a dwelling to any person because of race, color, religion, sex, familial status, or national origin" or "make unavailable or deny, a dwelling to any buyer or renter because of a handicap." A "handicap," more commonly referred to as a "disability," is defined as "a physical or mental impairment which substantially limits one or more of such person's major life activities." Mental and emotional illnesses, such as depression and PTSD, qualify as disabilities for purposes of the FHA. Thus, MST SB 866 (Roth) Page 7 of ? victims who suffer from PTSD, depression and other mental health illnesses qualify as "disabled" under the fair housing laws and are entitled to their protections. The FHA defines discrimination to include the "refusal to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford [a disabled] person equal opportunity to use and enjoy a dwelling." A reasonable accommodation is one that is necessary to give a resident an equal opportunity to use and enjoy a dwelling. It is "reasonable" when the requested accommodation imposes neither an undue financial or administrative burden on the housing provider, nor causes a fundamental alteration in the housing provider's business operation. Such accommodation is "necessary" if, without the accommodation, a person will be denied an equal opportunity to use and enjoy the dwelling. And where the accommodations are both reasonable and necessary to ensure equal access, the FHA requires housing providers to cover the costs of these accommodations. Female veterans with MST-related disabilities do not currently have equal opportunity to use and enjoy veteran-only housing facilities absent the option of separate housing . . . . The Women's Law Center argues that "separate housing is a reasonable and necessary accommodation for MST-related disabilities," noting that "(t)he option of separate housing is a reasonable accommodation because it can be implemented on an individual facility basis and does not necessarily require costly or substantial changes to the housing facility's operations." COMMENT 1)Author Comments : "Women who were assaulted, raped, or sexually harassed during their service suffer from the effects of MST for years in the form of psychological, physical, and social problems. This is because MST victims have been found to suffer different and more severe mental health symptoms than civilian women who have been sexually assaulted. The VA has reported that approximately 1 in 4 female veterans report experiencing MST. SB 866 (Roth) Page 8 of ? This translates to a rate of sexual assault 12 times higher than that for the civilian female population. Making up only 4% of the Veteran Population, female veterans often report feeling intimidated in predominantly male facilities, where sexual assaults remain to be all too common. This concern for their own safety often leads women, especially those who have suffered from MST, to be deterred from accessing the housing and supportive services they need and deserve. "MST victims are nine times more likely to exhibit PTSD symptoms than those who have not been sexually assaulted. Symptoms become exacerbated when female veterans who suffered MST live in an environment that triggers their experience in the male-dominated military where they were assaulted or harassed. Female veterans have legitimate concerns about their mental and physical well-being living in such facilities because veteran-only housing providers often fail to make gender-specific accommodations for female veterans with MST. When available, female veterans have reported that women centered treatment was the most important factor contributing to their comfort with VA services. California must ensure that women centered treatment is available under the housing built with Proposition 41 bonds." 2)Committee Comments : Concerns exist that existing anti-discrimination law may hinder the ability to deliver women-centric housing and treatment under the VHHP program. This bill is, in part, an attempt to address those concerns. Neither the administering agencies nor the Department of Fair Employment and Housing have produced legal analyses that clarify specifically where in law the various concerns are generated. a) What, if any, is the relevance of the California Constitution (Article 1, § 31), which states, in part: "The State shall not discriminate against, or grant preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin in the operation of public employment, public education, or public contracting. And also states: SB 866 (Roth) Page 9 of ? "Nothing in this section shall be interpreted as prohibiting bona fide qualifications based on sex which are reasonably necessary to the normal operation of public employment, public education, or public contracting." i) Does the VHHP Program constitute a form of public contracting? ii) Do the gender-specific health needs of disabled women veterans, who are MST victims, constitute a bona fide qualification based on sex that may justify gender-specific, disability-related policy responses, including housing segregated by gender, by the State? b) How do evolving legal definitions of gender identity and gender expression factor into this bill's policy concerns? c) Do the concerns represent a potential conflict between (i) a requirement to prohibit gender discrimination and (ii) a requirement to act affirmatively and without resource discrimination in meeting the needs of disabled persons? If so, are there any relevant precedents that may help devise a balancing test? 3)Related Legislation SB 384 (Leyva, pending Assembly, 2015 ) in order to help meet the specific housing needs of underserved veterans, sets aside a percentage of any state funds being used to acquire, construct, rehabilitate or preserve multifamily housing units for underserved veterans. AB 639 (J. Pérez, Ch. 727, Stats. 2013 ), authorizes issuance of $600 million in general obligation (GO) bonds to fund the acquisition, construction, rehabilitation, and preservation of multifamily supportive housing, affordable transitional housing, affordable rental housing, and related facilities for veterans and their families, if approved by the voters at the June, 2014, statewide election. (As Proposition 41, the measure was approved by the voters 65.4% to 34.6 %.) SB 866 (Roth) Page 10 of ? POSITIONS Sponsor: Author Support: National Association of Social Workers Oppose: None received -- END --