BILL ANALYSIS Ó
SB 866
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Date of Hearing: June 28, 2016
ASSEMBLY COMMITTEE ON VETERANS AFFAIRS
Jacqui Irwin, Chair
SB
866 (Roth) - As Amended June 16, 2016
SENATE VOTE: 38-0
SUBJECT: Veterans housing
SUMMARY: Authorizes a housing developer or service provider
that provides housing or services 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 may
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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:
There is a great deal of evidence and concern that the needs of
women veterans are unique from those of men and that many
existing veterans housing opportunities do not meet those needs.
It is not clear nor has evidence been presented to this
Committee what the reason is for the lack of such projects.
However, one issue which repetitively arises is the ambiguous
legality of gender segregated housing. It is logical that a
developer might not want to embark on a development which has a
known critical legal ambiguity and that the developer might
choose to develop a project without that issue. This bill seeks
to clarify for developers, veterans, and all other stakeholders,
under what circumstances gender segregated housing is clearly
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legal, based on the current case law as well as state and
federal code and regulations. Though other challenges may
remain to meeting the unique needs of women veterans, this bill
would clarify how gender segregated housing could work and
present a clearer roadmap for developers and others considering
such projects or evaluating them from a state or local
government.
The Veterans Housing and Homeless Prevention Act of 2014 was
created to expand housing and service options for veterans,
cost-effectively leverage public dollars, reduce the number of
homeless veterans and the attendant public costs, and place
California at the forefront of our nation's efforts to end
veterans' homelessness by 2016. The focus of the VHHP Act 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.
Concerns exist that current 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.
According to the California Women's Law Center:
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
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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.
An important tenet of fair housing laws is that policies and
practices - even those that are neutral and longstanding -
must be modified in certain circumstances to accommodate the
needs of residents with disabilities. To accommodate
MST-related disabilities, veteran-only housing providers
should offer women veterans the option of separate housing.
a) At existing facilities, policies should be modified to
permit women to be housed together on separate floors, or
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in separate wings or buildings.
b) Housing developers seeking Prop 41 funds to develop
new facilities should not be granted access to such funds
unless they commit to providing appropriate health and
safety accommodations for women veterans, including the
option of separate housing.
The refusal of veteran-only permanent housing providers to
make reasonable gender-specific safety and residential
accommodations for MST- related disabilities constitutes
discrimination under the fair housing laws. Providing such
reasonable accommodations, including separate housing for
women veterans, responds to bona fide disability-based needs
and, therefore, does not offend other nondiscrimination
provisions of those laws.
The option of separate housing at both existing and new
veteran-only housing facilities would help provide women
veterans with MST-related disabilities equal opportunity to
use and enjoy those facilities. And when coupled with
additional security measures that address safety concerns
more generally, housing providers may meet their obligation
to provide safe housing to all veterans.
According to the author:
SB 866 declares that providing gender-specific treatment and
housing to veterans who are victims of military sexual
trauma is a compelling state interest. As such, this bill
would allow a housing developer or service provider to apply
for Proposition 41 bond money with the intention of building
a gender specific community that provides supportive
services to treat MST. SB 866 will be narrowly tailored to
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ensure that gender specific treatment can be provided
without violating gender discrimination housing laws.
REGISTERED SUPPORT / OPPOSITION:
Support
American Federation of State, County, and Municipal Employees,
AFL-CIO
American GI Forum of California
American Legion - Department of California
AMVETS - Department of California
California Association of County Veterans Service Officers
National Association of Social Workers- California Chapter
Vietnam Veterans of American - California State Council
Opposition
SB 866
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None on File.
Analysis Prepared by:John Spangler / V.A. / (916)
319-3550