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