Summary of the Problem:  Individuals with criminal records face many challenges upon re-integrating back into society, but frequently their most immediate need is securing safe and affordable housing. While the lack of affordable housing is often a problem for individuals who lack financial resources, this problem is compounded for persons with conviction records. They often find that a conviction record is the main stumbling block in obtaining housing, whether in the private sector or in public and Section 8 supported housing.

            Many of the policies that housing authorities or private landlords use to exclude people with conviction records are overly restrictive, effectively denying housing to people who pose no threat to the public, tenants or property. Oftentimes the policies are based on a misunderstanding of federal law, or on the landlord placing a premium on ease of administration, believing that it is easier to reject all people with conviction records than to perform individualized analyses of their applications. These polices should be changed to increase access to urgently needed housing. Public housing authorities and private landlords should adopt policies that, rather than barring any applicants who have criminal records, and their families, instead individually assess each applicant based on the:

• Seriousness and nature of his or her conviction
• Relevance of that conviction to the tenancy
• Length of time that has passed since the conviction, and
• Evidence of rehabilitation.

Additionally, neither public agencies nor private landlords should base a decision on an arrest that never led to conviction.

Proposed Solutions:

            Legislative Changes: 

1.  Pass the No One Strike Eviction Act, H.R. 6785 from 110^th Congress

• Amend 42 U.S.C. 1437d(k)

2.  Pass the Public Safety Ex-Offender Self Sufficiency Act, H.R. 6206 from 109^th Congress

• Amend Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986

Jurisdiction:

            Legislative Branch:  Senate Committee on Financial Services and House Ways and Means

Background:

            Legislative Branch: In November 2005, Rep. John Conyers introduced H.R. 4202, the Reentry Enhancement Act, which contained a provision amending public housing restrictions for people with criminal records. The bill required consideration of mitigating circumstances and the impact of eviction or denial of tenancy on a person subject to a denial by a public housing agency because of a criminal conviction.  Moreover, tenants could not be denied tenancy based solely upon the familial relationship of a tenant to a person convicted of a criminal offense and required intent or knowledge of a crime committed by a family member or guest before eviction or denial of public housing.  In August 2008, Rep. Sheila Jackson Lee introduced this provision as a stand alone bill, H.R. 6785 - No One Strike Eviction Act of 2008.  The bill has four cosponsors.

            In previous Congresses Rep. Danny Davis also introduced legislation to expand supportive housing opportunities for people with criminal records.  Last introduced in the 109^th Congress, H.R. 6205 - Public Safety Ex-Offender Self-Sufficiency Act of 2006 "amends the Internal Revenue Code to allow a business related tax credit for investment in residential housing units for certain low-income individuals who were convicted of a crime punishable under state or federal law by a prison term of six months or longer [] and who participate in a program of support services, including job and entrepreneurial training, designed to make such ex-offenders self sufficient." In the past the bill had bipartisan support, including Rep. Mark Souder (R-IN) and former Rep. and HUD Secretary Jack Kemp.

Potential Allies, Potential Opposition, and Public Opinion:

            Potential Allies: 

• Justice reform organizations, including Legal Action Center, The Sentencing Project, Open Society Policy Center, Center for Community Alternatives, International Community Corrections Association, Justice Policy Institute, Prison Legal News, StoptheDrugWar.org, International CURE, Virginia CURE
• Reps. John Conyers (D- MI), Danny Davis (D-IL), Sheila Jackson Lee (D-TX)

            Potential Opposition: "Tough on crime" lawmakers who do not understand the intersection between public assistance and reduce rates of recidivism.

            Public Opinion: According to the Zogby poll conducted for the National Council on Crime and Delinquency, entitled Public Attitudes toward Rehabilitation and Reentry, 82% of Americans believe access to public housing is important (53% very important) to a person's successful reintegration after incarceration.

Experts:

• Legal Action Center
• Human Rights Watch

For Further Information:  

See Human Rights Watch's pages Federal "One-Strike" Legislation, http://www.hrw.org/reports/2004/usa1104/5.htm and Screening People Out: "Felons Need Not Apply" http://www.hrw.org/reports/2004/usa1104/9.htm.