SB 168 — AN ACT ESTABLISHING A RIGHT TO HOUSING.

The committee must annually report on its findings and recommendations to the Housing Committee beginning July 1, 2023.

EFFECTIVE DATE:

October 1, 2022, except the establishment of the right to housing committee is effective upon passage.

RIGHT TO HOUSING AS A STATE GOAL The bill makes it a state goal to implement policies that respect, protect, and fulfill a right to affordable, decent, safe, and stable housing for every state resident.

To that end, it requires each state agency and political subdivision, in implementing the right to housing goal, to:

1.

consider the right to housing and its components (see below) when adopting or revising policies, regulations, or grant criteria that implicate, impact, or affect the right;

2.

when implementing these policies, regulations, or grant criteria, give priority to assisting low- and moderate-income families, as determined by the housing commissioner (see below);

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to the extent practicable, attempt to serve households currently experiencing homelessness or at risk of housing loss and those in the lower range of the income group to which the agency’s or political subdivision’s programs are directed.

By law, “families of low and moderate income” are those who lack the amount of income necessary, as determined by the housing commissioner, to enable them to rent or purchase moderate cost housing without financial assistance.

Right to Housing Components The right to housing includes various components, five of which the bill outlines.

Each component implicates certain programs or services, as shown in Table 1 below.

(It is unclear what is meant by “implicates.”) Table 1:

Right to Housing Components Component Programs or Services Implicated Right to protection from Governmental programs that ensure the legal housing loss security of people and households at risk of losing housing or experiencing homelessness, including eviction prevention programs;

legal assistance in evictions;

financial assistance;

support services;

and problem-solving counseling Right to safe housing that The home's internal habitability, as well as the meets all basic needs necessary services and infrastructure to support a healthy and dignified living standard Right to housing and Governmental programs that provide rental affordability assistance;

encourage existing housing's maintenance, repair, and rehabilitation;

and increase new low-cost housing stock, all of which ensure the ability to secure and maintain housing without risking access to other essential needs Right to rehousing Governmental programs that support the transition of assistance for people and people experiencing homelessness to long-term households that have permanent, affordable housing become homeless Right to recognition of Adaptation of governmental programs to ensure special circumstances accessibility to households facing particular obstacles to finding affordable, decent, safe, and stable housing, whether because of race, religion, SB168 / File No.

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260 sexual orientation, gender identity, age, disability, unemployment, criminal record, eviction history, family status, income source, immigration status, cultural traditions, being a victim of fraud or financial manipulation, or other obstacles RIGHT TO HOUSING COMMITTEE The bill establishes a 17-member right to housing committee.

The committee’s purpose is to (1) review existing and proposed housing policies and (2) advise on the state’s implementation of a right to housing, as well as on vulnerable populations’ need for access to permanent housing and any gaps in this access.

Under the bill, the committee must identify and review proposed legislationimpactingtherighttohousing.Itmayprovidepublichearing testimony analyzing legislation’s potential impact on the right to housing and vulnerable populations.

When advising on vulnerable populations, the committee must cover:

1.

individuals experiencing homelessness, including (A) homeless youth and (B) individuals with disabilities, including physical disabilities and disabilities related to mental health, substance abuse, and developmental conditions;

2.

individuals with past or current criminal justice system involvement;

3.

individuals from historically marginalized racial and ethnic groups;

4.

individuals from historically marginalized groups based on sexual orientation, gender identity, or gender expression;

5.

survivors of sexual violence, domestic violence, dating violence, stalking, and sexual trafficking;

6.

refugees and immigrants;

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veterans.

Membership Under the bill, the committee consists of the DOH commissioner, or her designee, and 16 members whom the legislative leaders appoint.

The legislative appointees may be General Assembly members and must have specified areas of expertise, as shown in Table 2.

Table 2:

Right to Housing Committee:

Legislative Appointees Appointing Number of Required Expertise Authority Appointees Senate 3 Expertise in the following:

president pro tempore • fair housing protections (one member) • developing low-income housing (one member) Expertise in, or personal experience with, the following:

• disability and housing insecurity (one member) House 3 Expertise in the following:

speaker • homelessness policies and programs (one member) • low-income housing policies and programs (one member) • matters relating to evictions and housing court (one member) Senate 3 Expertise in, or personal experience with, the majority impact of the following on housing insecurity:

leader • sexual violence, domestic violence, dating violence, or stalking (one member) • sex trafficking (one member) • refugee or immigrant status (one member) House 3 Expertise in, or personal experience with, the majority impact of the following on housing insecurity:

leader • criminal justice (one member) • race or ethnicity (one member) • sexual orientation, gender identity, or gender SB168 / File No.

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260 expression (one member) Senate 2 • Current or recent recipients of homeless minority assistance, low-income housing assistance, or leader assistance in an eviction or housing summary process matter House 2 • One with expertise in, or personal experience minority with, the impact of veteran status on housing leader insecurity • A current or recent recipient of homeless assistance, low-income housing assistance, or assistance in an eviction or housing summary process matter Initial Appointments and Vacancies Thelegislativeleadersmustmaketheinitialcommitteeappointments no later than 60 days after the bill’s passage.

Appointed committee members serve three-year terms or until a successor is appointed;

appointing authorities fill vacancies.

Chairperson, Meetings, and Reporting Requirement The bill requires the Senate president and the House speaker to jointly appoint the chairperson.

Once they have done so, the committee may begin working even if the other appointments have not been made .

The chairperson must schedule the committee’s first meeting no later than 90 days after the bill’s passage.

If positions remain unfilled after 60 days, the chairperson may designate people with the required expertise to serve until the appointments are made.

The bill requires the committee to meet at least twice each fiscal year.

At the committee’s request, DOH must provide presentations and data on its right to housing implementation.

The committee must report annually on its findings and recommendations to the Housing Committee beginning July 1, 2023.

The Housing Committee’s administrative staff serves as the right to housing committee’s administrative staff.

COMMITTEE ACTION SB168 / File No.

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260 Housing Committee Joint Favorable Yea 11 Nay 4 (03/15/2022) SB168 / File No.

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