BILL ANALYSIS Ó SB 866 Page 1 Date of Hearing: June 15, 2016 ASSEMBLY COMMITTEE ON HOUSING AND COMMUNITY DEVELOPMENT David Chiu, Chair SB 866 (Roth) - As Amended March 14, 2016 SENATE VOTE: 38-0 SUBJECT: Veterans housing 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. Specifically, this bill: 1)Establishes the "Veterans Housing and Homeless Prevention Act of 2016: Proposition 41 Expenditures: Military Sexual Trauma." 2)Defines, for specified purposes, "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 SB 866 Page 2 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. 4)Provides that a housing developer or service provider that provides housing or services to female veterans in women-only facilities 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 experienced military sexual trauma (MST). c) The life-changing consequences of MST on victims, including, for example, the increased risks of post-traumatic stress disorder (PTSD) and of becoming homeless following separation from the military. SB 866 Page 3 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. f) Recognizes that PTSD is a serious condition and classified as a disability under the federal Americans with Disabilities Act (ADA), the federal Fair Housing Act (FHA), and the California Fair Employment and Housing Act (FEHA). As such, victims of MST-related PTSD have a disability and should be afforded a reasonable accommodation in the form of access to women's only housing and supportive services for victims of MST. EXISTING LAW: 1)Establishes the VHHP, an initiative measure enacted by the SB 866 Page 4 voters as Proposition 41 at the June 3, 2014, primary election, authorizing $600 million in bonds for the acquisition, construction, rehabilitation, and preservation of affordable multifamily supportive housing, affordable multifamily transitional housing, or related facilities for veterans and their families (Military and Veterans Code Section 998.540, et seq.). 2)Requires the California Housing Finance Agency (CalHFA), the Department of Housing and Community Development (HCD), and the Department of Veterans Affairs (CalVet), to work collaboratively to carry out the duties and functions of the VHHP (Military and Veterans Code Section 987.002). 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)Declares it to be against public policy the practice of discrimination because of race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, or genetic information; and that every person has a civil right to be given the opportunity to seek, obtain, or hold employment and housing without facing discrimination based on these protected classes (Government Code Sections 12920-12921). 5)Declares it unlawful, pursuant to FEHA, for any housing accommodation owner to inquire about; make known any SB 866 Page 5 preference or limitation as to; discriminate; or harass a person based on the person's race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, or genetic information (Government Code Section 12955). 6)Prohibits, under the Unruh Civil Rights Act, business establishments from discriminating on the basis of sex (including gender), race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, or sexual orientation, and provides civil remedies for violations of its provisions (Civil Code Section 51 et seq.). FISCAL EFFECT: According to the Senate Committee on Appropriations: 1)HCD does not anticipate a significant fiscal impact. 2)CalVet estimates negligible costs to implement this bill. COMMENTS: The VHHP: AB 639 (Perez), Chapter 727, Statutes of 2013, established the VHHP, an initiative enacted by the voters as Proposition 41 at the June 3, 2014 primary election. The VHHP restructures $600 million of the $900 million in bonds approved by the voters for the CalVet Home Loan Program in 2008 and uses them instead to fund the acquisition, construction, rehabilitation, and preservation of affordable multifamily supportive housing, affordable multifamily transitional housing, or related facilities for veterans and their families. SB 866 Page 6 The VHHP tasks HCD with administering the new funding program in collaboration with CalVet and explicitly restricts the use of bond proceeds to those housing units designated for veterans and their families. The focus of the program is on housing for veterans who are homeless or at risk for homelessness and in need of services such as mental health counseling, substance abuse treatment, job training, and physical therapy to address injuries. According to HCD, the VHHP program already allows requests for funding women-only housing for applicants housing veterans with specific needs, if the applicant can demonstrate that such a restriction does not violate fair housing law that prohibits discrimination on the basis of gender. However, concerns exist that existing anti-discrimination law may hinder the ability to deliver women-centric housing and services under the VHHP program. Women-only veterans housing as a reasonable accommodation: 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 contends that women veterans are deterred from seeking veteran-only housing because of conditions such as MST-related PTSD. A significant number of female veterans have suffered MST, and "their sexual trauma has left them with PTSD, depression or other psychological disabilities that are exacerbated when they are surrounded by men." Mental and emotional illnesses, such as PTSD, qualify as disabilities under federal and state law. The Women's Law Center contends that the failure to reasonably accommodate MST-related disabilities is unlawful housing discrimination, and separate housing is a reasonable and necessary accommodation for MST-related disabilities. SB 866 Page 7 Need for this bill: According to the author, "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. After their service, female veterans continue to be at risk, with a rate of sexual assault that is 12 times higher than that for the general 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. "Currently, there is concern that issuing bonds to applicants SB 866 Page 8 who plan to include gender specific housing as part of their application would be a gender based discrimination that may violate the federal FHA, the California FEHA, as well as state and federal equal protection laws. Under California law, gender is a suspect classification, meaning that in order for the government to administer a program differently on the basis of gender, a compelling interest must justify the classification and the impact of the classification must be limited as narrowly as possible consistent with its proper purpose. "California is only one of a handful of states that treat gender discrimination with this higher standard, showing how important California deems gender equality issues. SB 866 seeks to ensure that we protect female veterans from the unintended but very real discrimination that results from the nature of male-centric veteran programs. While supporting equal rights for men and women under the law, SB 866 will ensure the laws meant to protect women now do not prevent the state from providing much needed and focused care to female veterans who are victims of MST." Related Legislation: SB 384 (Leyva, 2015): Would require, on or after January 1, 2017, that a percentage of state funds under the VHHP be reserved for underserved veterans. SB 384 is pending in the Assembly Veterans Affairs Committee. AB 639 (Chapter 727, Statutes of 2013): Established the VHHP, an initiative measure enacted by the voters as Proposition 41 at the June 3, 2014, primary election, authorizing $600 million in bonds for the acquisition, construction, rehabilitation, and preservation of affordable multifamily supportive housing, affordable multifamily transitional housing, or related SB 866 Page 9 facilities for veterans and their families. Double-referred: SB 866 was also referred to the Committee on Veterans Affairs, where it will be heard should it pass out of this committee Committee Amendment: Service providers are not permitted to use VHHP bond moneys for providing services. The Committee may wish to consider the following amendment to clarify this issue: On page 3, in line 10, strike out "receives bond money" and insert: provides housing or services REGISTERED SUPPORT / OPPOSITION: Support American GI Forum of California American Legion - Department of California AMVETS - Department of California SB 866 Page 10 California Association of County Veterans Service Officers California Primary Care Association League of California Cities National Association of Social Workers- California Chapter Vietnam Veterans of American - California State Council Opposition None received Analysis Prepared by:Rebecca Rabovsky / H. & C.D. / (961) 319-2085