First 100 Days Scorecard
Recommendations made by the Law Center to the Biden-Harris Administration, and the Administration’s efforts thus far.
Reaffirm Housing Is a Human Right
Reaffirm that housing is a human right and will be treated as such in policymaking for the pandemic and beyond.
Status = Green
President Biden’s Transition Plan affirms housing is a right, and in signing his first-week Executive Order on housing, Biden stated, “Housing is a right in America”. In a speech celebrating the passage of the American Rescue Plan, Biden stated he would direct the Secretary of Housing and Urban Development to lead a task force focused on making housing a right for all.
Take Action: Encourage the Biden-Harris Administration’s commitment and continue normalizing the policy.
Extend Eviction Moratorium
Extend Centers for Disease Control (CDC) rental eviction moratorium through end of 2021, rescind harmful CDC/HUD/Treasury FAQ memo and issue new, guidance emphasizing application to all tenants and all stages of evictions.
Status = Yellow.
On his first day in office, President Biden instructed the Centers for Disease Control and Prevention (CDC) to extend the federal eviction moratorium through at least March 2021, but Congress did not further extend it in the American Rescue Plan, so the moratorium must be further extended, and the guidance still must be improved. On March 29, 2021, the CDC extended the moratorium through June 30, 2021: https://www.jdsupra.com/legalnews/cdc-eviction-moratorium-extended-until-6225985/
Cease Displacements of People Experiencing Unsheltered Homelessness
Convert CDC guidance on unsheltered homelessness to an order, requiring no displacement of people experiencing unsheltered homelessness and provision of adequate sanitation for encampments unless individualized housing is offered.
Status = Yellow.
CDC guidance was updated on March 23, but not elevating it to an order: https://www.cdc.gov/coronavirus/2019-ncov/community/homeless-shelters/unsheltered-homelessness.html
Direct Agencies to Cease Criminalizing Homelessness
Issue an Executive Order directing HUD and DOJ to take action to encourage jurisdictions receiving federal funds to cease enforcement of laws criminalizing homelessness and supporting housing solutions, non-law-enforcement based crisis intervention services, and other alternatives to criminalization.
Status = Red
No Action taken yet
Support Non-Congregate Shelter
Support additional non-congregate sheltering options to save lives by announcing FEMA will extend non-congregate shelter funding at least through the winter to provide safety from both exposure and COVID.
Status = Yellow.
FEMA will 100% cover non-congregate shelter through at least September: https://nlihc.org/resource/confirmed-fema-change-100-reimbursement-non-congregate-shelter-applies-retroactively
Find, Enroll, and Support Missing Homeless PreK-12 Students
Issue an Executive Order directing educational agencies to find, enroll, and support missing homeless PreK-12 students and their families.
Status = Yellow
No executive order, but the American Rescue Plan included an amendment to appropriate $800 million to support homeless education, more than the last 10 years of funding combined: https://schoolhouseconnection.org/congress-passes-the-american-rescue-act-plan-funding-for-homeless-children-and-youth-included/
Identify Immediately Available Vacant Property
Issue an Executive Order directing the General Services Administration to identify immediately available vacant federal properties that could be used for temporary or permanent housing for people experiencing homelessness.
Status = Red
No Action Taken Yet
Plan a Comprehensive COVID Relief Package
Announce plans for comprehensive COVID relief package that includes adequate Emergency Rental Assistance and Homelessness Assistance.
Status = Green
American Rescue Plan meets needs identified by housing and homeless service providers: https://nlihc.org/sites/default/files/COVID-Relief-Budget_Reconciliation.pdf
Replace Robert Marbut at USICH
Remove Robert Marbut as ED of USICH and detail Jemine Bryon from HUD as interim ED until a permanent new ED is identified.
Status = Green
Robert Marbut was removed Feb. 16: https://nlihc.org/resource/robert-marbut-removed-executive-director-usich
Anthony Love was appointed Interim ED: https://www.usich.gov/about-usich/our-staff/
Refocus USICH Strategic Plan
Announce re-focus of USICH and intent to develop a new federal strategic plan with participation of persons with lived experience of poverty, homelessness, and other forms of discrimination.
Status = Red
No plans announced for a new strategic plan, and the existing plan remains on the public website
Rescind the Proposed Changes to the Mixed Status Rule
Rescind the proposed changes to the Mixed Status Rule to ensure mixed-status immigrant families can maintain access to rental assistance for U.S. citizen household members and announce intent to issue new rule.
Status = Yellow
The proposed rule still exists, but the American Rescue Plan allows for mixed-status families to be eligible for a stimulus check as long as one member of the household has a Social Security number: https://www.usatoday.com/story/news/politics/2021/03/10/third-stimulus-checks-who-get-1-400-checks-covid-relief/6921290002/.
Rescind the Proposed Changes to the Equal Access Rule
Rescind the proposed changes to the Equal Access Rule (assuming a final rule is not in place).
Status = Green
Update: HUD announced its withdrawal of the proposed rule on April 22, 2021 https://www.hud.gov/press/press_releases_media_advisories/HUD_No_21_069
HUD announced on February 11 that it will administer and enforce a fair housing provision that prohibits discrimination on the basis of sexual orientation and gender identity. While the memo notes no specific actions to address the previous administration’s proposed anti-transgender changes to the Equal Access Rule (see Memo, 06/22), representatives from the White House and HUD assured stakeholders in a briefing call that updates are forthcoming. They reaffirmed a commitment to ensuring LGBTQ individuals receive full protection from housing discrimination. It is important to note that previous administration’s anti-transgender changes to the Equal Access Rule were never finalized and never went into effect: https://nlihc.org/resource/hud-begin-implementation-executive-order-prevent-and-combat-sexual-orientation-and-gender
Rescind the Proposed Changes to AFFH
Rescind the proposed changes to HUD’s Affirmatively Furthering Fair Housing (assuming a final rule is not in place).
Status = Yellow
On January 26, the White House issued a memorandum directing the HDU secretary to “take all steps necessary to examine the effects of the August 7, 2020, rule entitled ‘Preserving Community and Neighborhood Choice’,” including “the effect that repealing the July 16, 2015, rule entitled ‘Affirmatively Furthering Fair Housing’ has had on HUD’s statutory duty to affirmatively further fair housing.” https://www.whitehouse.gov/briefing-room/presidential-actions/2021/01/26/memorandum-on-redressing-our-nations-and-the-federal-governments-history-of-discriminatory-housing-practices-and-policies/; https://nlihc.org/resource/president-biden-issues-memorandum-redressing-discriminatory-housing-practices-and-polices
Rescind Proposed Changes to the Disparate Impact Standard
Rescind proposed changes to HUD’s Fair Housing Act Disparate Impact Standard.
Status = Yellow
On January 26, the White House issued a memorandum directing the HDU secretary to “take all steps necessary to examine the effects of the September 24,2020 rule entitled ‘HUD’s Implementation of the Fair Housing Act’s Disparate Impact Standard'”. https://www.whitehouse.gov/briefing-room/presidential-actions/2021/01/26/memorandum-on-redressing-our-nations-and-the-federal-governments-history-of-discriminatory-housing-practices-and-policies/; https://nlihc.org/resource/president-biden-issues-memorandum-redressing-discriminatory-housing-practices-and-polices
Reverse Ban on Federal Equity Training
Rescind Executive Order 13950 that bans equity training for federal contractors/grantees as well as OMB M-20-34 and M-20-37 that ban equity training for federal agencies and direct implementation of the Order.
Status = Green
On January 20, 2021, as part of a new Executive Order titled “Advancing Racial Equity and Support for Underserved Communities Through the Federal Government,” President Biden revoked Executive Order 13950, “Combating Race and Sex Stereotyping,” which, among other things, prohibited federal contractors and subcontractors from providing certain workplace diversity training and programs: https://www.federalregister.gov/documents/2021/01/25/2021-01753/advancing-racial-equity-and-support-for-underserved-communities-through-the-federal-government, https://www.dol.gov/agencies/ofccp/executive-order-13950
Add USICH to the Domestic Policy Council
Add USICH to the Domestic Policy Council.
Status = Red
Add Seats on USICH Council for Persons with Lived Experience
Add seats on USICH Council for persons with lived experience of homelessness.
Status = Red
Create a Housing Justice policy team at the Domestic Policy Council
Announce creation of a Housing Justice policy team at the Domestic Policy Council.
Status = Red
Re-Institute the Department of Justice Office of Access to Justice
Announce the re-institution of the Department of Justice Office of Access to Justice.
Status = Red
Fund Universal Housing Assistance
Fund universal housing assistance so that all who need it receive it through decent public housing, vouchers, and renters’ tax credits.
Status = Yellow
On March 11, President Biden signed into law the American Rescue Plan Act. It includes $27.4 billion in emergency rental assistance and $5 billion in homelessness assistance. In addition, the bill provides $10 billion for homeowner assistance, $100 million for housing counseling, $20 million for fair housing, and $5 billion for utility assistance https://nlihc.org/sites/default/files/COVID-Relief-Budget_Reconciliation.pdf?utm_source=NLIHC+All+Subscribers&utm_campaign=c62cbba4d8-cta_022420&utm_medium=email&utm_term=0_e090383b5e-c62cbba4d8-292697541&ct=t(cta_022420)
Raise the Federal Minimum Wage to a Housing Wage
Raise the federal minimum wage to a living wage, or “housing wage,” so working people can afford housing, including indexing it locally to actual housing costs.
Status = Yellow
On January 21, President Biden signed an executive order, “Protecting the Federal Workforce,” which directed the Director of OPM to “provide a report to the President with recommendations to promote a $15/hour minimum wage for Federal employees.” https://www.whitehouse.gov/briefing-room/presidential-actions/2021/01/22/executive-order-protecting-the-federal-workforce/
Get Housing Payments to People Unable to Work
Index Supplemental Security Income and Social Security Disability Insurance payments to local housing costs so that those unable to work can afford housing.
Status = Red
Ensure Adequate Supportive Housing
Ensure set asides for adequate supportive housing.
Status = Yellow
As part of the proposed $2.3 trillion infrastructure plan, the Biden Administration has earmarked $213 billion to go toward building, preserving, and retrofitting more than 2 million homes across the country. https://www.marketwatch.com/story/the-biggest-proposal-weve-seen-in-a-long-time-bidens-american-jobs-plan-would-make-a-major-investment-in-affordable-housing-11617395362
Fund the National Housing Trust Fund and Low-Income Housing Tax Credits
Ensure a sufficient supply of affordable housing by funding the National Housing Trust Fund and Low-Income Housing Tax Credits.
Status = Yellow
As part of the proposed $2.3 trillion infrastructure plan, some congresspeople have called for (Rep. Torres and Sen. Merkley) called for $45 billion for the National Housing Trust Fund, which goes toward shelter for extremely poor people. The duo wants $26 billion of those funds to go toward “permanent supportive housing for people experiencing homelessness.” https://www.nydailynews.com/news/politics/us-elections-government/ny-biden-infrastructure-public-housing-funds-torres-20210330-ppuubjkkljaa5ciysylqh23ebm-story.html
Waive Restrictions to Access to Housing and Homeless Assistance
Direct HUD to waive any regulation or practice that restricts access to housing and homeless assistance for children, youth, and families who are experiencing homelessness under the education definition of homelessness.
Status = Red
Strengthen Title V of the McKinney-Vento Ac
Strengthen Title V of the McKinney-Vento Act to make more vacant federal properties available to homeless service providers at no cost.
Status = Red
Eliminate Criminalization of Homelessness and Create Adequate Housing
Create requirement for CDBG grantees to commit to eliminating criminalization of homelessness and creating adequate housing affordable to homeless and other extremely poor persons in order to receive funding.
Status = Red
Create Federal Incentives for De-criminalizing Homelessness
Create other federal funding incentives for ending criminalization and promoting constructive alternative approaches, such as those proposed in Rep. Jayapal’s Housing is a Human Right Act.
Status = Red
Require Infrastructure Programs for Displaced Encampments
Require federally-funded infrastructure projects to plan for, and pay for, persons living in encampments who will be displaced by infrastructure projects to be provided with adequate housing alternatives.
Status = Red
Prohibit Source of Income Discrimination
Prohibit discrimination in housing based on source of income, housing status, or status as a victim of domestic violence, and on criminal, eviction, or credit history unrelated to an individual’s ability to abide by reasonable terms of tenancy.
Status = Red
Ensure Eviction Right to Counsel
Ensure a right to counsel for poor tenants facing eviction and prohibit evictions of poor tenants without just cause.
Status = Red
Protect Domestic Violence Survivors
Ensure domestic violence survivors are not forced to choose between homelessness and abuse by strengthening and reauthorizing the housing provisions of the Violence Against Women Act.
Status = Yellow
The House has passed updates to the Violence Against Women Act, updates which “would build on a patchwork of programs like violence prevention and housing assistance for abuse victims, reaffirm legal protections for victims and their families, and more aggressively target resources to minority communities.” The bill is pending in the Senate. https://www.nytimes.com/2021/03/17/us/politics/violence-against-women-act.html
Ensure Individuals are Released into Housing
Ensure persons in institutions or systems of care, including adults being discharged from hospitals, prisons, or jails, and youth aging out of foster care or juvenile detention, are discharged into housing, not homelessness.
Status = Red
Ensure Families are Not Separated Due to Homelessness
Ensure families are not separated due to homelessness, either due to single-sex shelters or children being placed into foster care.
Status = Red
Protect Homeless Children and Youth
Protect homeless children and youth by ensuring their rights to public education as guaranteed by Title VII of the McKinney-Vento Homeless Assistance Act.
Status = Red
