Researcher: KS Page 1 5/21/21 OLR Bill Analysis sSB 194 (File 139, as amended by Senate "A")* AN ACT ESTABLISHING A RIGHT TO HOUSING. SUMMARY This 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 (i.e., a “right to housing”). The bill establishes right to housing components, identifies certain vulnerable populations, and generally requires state agencies and political subdivisions to consider them when taking various affordable housing-related actions. The bill also establishes a right to housing committee to review housing policies and the state’s implementation of the right to housing. The committee must annually report on its findings and recommendations to the Housing Committee beginning July 1, 2022. *Senate Amendment “A” (1) makes it a state goal to implement the right to housing, rather than to progressively implement it; (2) eliminates a provision requiring the Department of Housing (DOH) commissioner to appoint an employee to serve in the department as housing advocate; and (3) requires that low- and moderate-income families be prioritized, rather than households with incomes below 50% of the area median income. EFFECTIVE DATE: October 1, 2021, 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. Toward that end, the bill requires each state agency and political subdivision, in implementing the right 2021SB-00194-R01-BA.DOCX Researcher: KS Page 2 5/21/21 to housing goal, to do the following: 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 right to housing policies, regulations, or grant criteria, give priority to assisting low- and moderate- income families, as determined by the housing commissioner (see below); and 3. 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 housing loss Governmental programs that ensure the legal 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 meets all basic needs The home's internal habitability, as well as the necessary services and infrastructure to support a healthy and dignified living standard Right to housing and Governmental programs that provide rental 2021SB-00194-R01-BA.DOCX Researcher: KS Page 3 5/21/21 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 assistance for people and households that have become homeless Governmental programs that support the transition of people experiencing homelessness to long-term permanent, affordable housing Right to recognition of special circumstances Adaptation of governmental programs to ensure accessibility to households facing particular obstacles to finding affordable, decent, safe, and stable housing, whether because of race, religion, 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 COM MITTEE 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 regular and special session proposed legislation impacting the right to housing. It may provide public hearing testimony analyzing legislation’s potential impact on the right to housing and the vulnerable populations, in order to preserve the right. When advising on vulnerable populations, the committee must cover the following: 1. individuals experiencing homelessness, including homeless youth; 2. individuals with disabilities, including physical disabilities and disabilities related to mental health, substance abuse, and 2021SB-00194-R01-BA.DOCX Researcher: KS Page 4 5/21/21 developmental conditions; 3. individuals with past or current criminal justice system involvement; 4. individuals from historically marginalized racial and ethnic groups; 5. individuals from historically marginalized groups based on sexual orientation, gender identity, or gender expression; 6. survivors of sexual violence, domestic violence, dating violence, stalking, and sexual trafficking; 7. refugees and immigrants; and 8. 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 Authority Number of Appointees Required Expertise Senate president pro tempore 3 Expertise in the following: 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 speaker 3 Expertise in the following: homelessness policies and programs (one member) low-income housing policies and programs (one member) 2021SB-00194-R01-BA.DOCX Researcher: KS Page 5 5/21/21 matters relating to evictions and housing court (one member) Senate majority leader 3 Expertise in, or personal experience with, the impact of the following on housing insecurity: sexual violence, domestic violence, dating violence, or stalking (one member) sex trafficking (one member) refugee or immigrant status (one member) House majority leader 3 Expertise in, or personal experience with, the impact of the following on housing insecurity: criminal justice (one member) race or ethnicity (one member) sexual orientation, gender identity, or gender expression (one member) Senate minority leader 2 Current or recent recipients of homeless assistance, low-income housing assistance, or assistance in an eviction or housing summary process matter House minority leader 2 One with expertise in, or personal experience with, the impact of veteran status on housing 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 The legislative leaders must make the initial committee appointments 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 positions have not been filled. The chairperson must schedule the committee’s first meeting no later 2021SB-00194-R01-BA.DOCX Researcher: KS Page 6 5/21/21 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, 2022. The Housing Committee’s administrative staff serves as the right to housing committee’s administrative staff. COMMITTEE ACTION Housing Committee Joint Favorable Yea 12 Nay 3 (03/09/2021)