BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     SB 866


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          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  








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            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.








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             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  








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            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  








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            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.











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          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.










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           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  








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            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  








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          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









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          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