Right to housing: Difference between revisions

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In February 2019, California Governor Gavin Newsom created a '''Statewide Commission on Homelessness & Supportive Housing''', and named as its chairperson Darrell Steinberg, Mayor of Sacramento. On July 17th, Steinberg wrote an op-ed in the ''Los Angeles Times: ''"Op-Ed: Building more permanent housing alone won’t solve homelessness in California," [Steinberg 2019a] stating: 
<blockquote>''I still believe strongly in the concept of housing first, but I’ve also come to see that focusing primarily on permanent housing is insufficient. We simply don’t have the housing stock necessary to address our current crisis, and building it will take too long and cost too much. We need an infusion of short-term shelter and housing options to serve as a bridge for those currently living on our streets.&nbsp;''</blockquote>
<blockquote>
''I still believe strongly in the concept of housing first, but I’ve also come to see that focusing primarily on permanent housing is insufficient. We simply don’t have the housing stock necessary to address our current crisis, and building it will take too long and cost too much. We need an infusion of short-term shelter and housing options to serve as a bridge for those currently living on our streets.&nbsp;''
</blockquote>
Various housing groups reacted negatively, including National Low-Income Housing Coalition, Housing California, and Destination: Home.&nbsp;In a response to the criticisms, Steinberg published on&nbsp;August 25 a followup, "California should make clear there is a '''right to housing''', not simply shelter" [Steinberg 2019b].&nbsp;&nbsp;
<blockquote>''There are two ways to tackle California’s greatest public safety, public health and humanitarian crisis: homelessness. One way is to marshal resources, build programs, replicate successes, and say, with some justification, that we have helped a lot of people, even if the overall situation isn’t much better.'' ''The other way is to define a clear policy, a compelling objective, and the rights and obligations necessary to achieve that objective.'' ''Our state’s objective should be clear: Housing is a human right, and having a roof over your head should be a legal right. [...]'' A right to housing, a right to a roof over one’s head, is a better policy than a limited right to shelter.</blockquote>
<blockquote>
However, Steinberg clarifies that by 'housing', he means something different than 'permanent' housing:&nbsp;
''There are two ways to tackle California’s greatest public safety, public health and humanitarian crisis: homelessness. One way is to marshal resources, build programs, replicate successes, and say, with some justification, that we have helped a lot of people, even if the overall situation isn’t much better.''
<blockquote>''The word&nbsp;shelter&nbsp;implies to many people an unsafe, crowded living space where people linger with little or no help. That’s an inadequate term for the service-rich housing hubs we are describing.&nbsp;'' ''San Francisco calls them Navigation Centers. In Los Angeles, it’s Bridge Housing. In Sacramento, we’re planning to call them Rehousing Shelters. Their sole goal is to help people stabilize their lives and transition to permanent housing.''</blockquote>
&nbsp;
 
Portland State University study and proposal, 2019
''The other way is to define a clear policy, a compelling objective, and the rights and obligations necessary to achieve that objective.''
 
&nbsp;
''Our state’s objective should be clear: Housing is a human right, and having a roof over your head should be a legal right. [...]''
 
A right to housing, a right to a roof over one’s head, is a better policy than a limited right to shelter.
</blockquote>
However, Steinberg clarifies that by 'housing', he means something different than 'permanent' housing:&nbsp;
<blockquote>
''The word&nbsp;shelter&nbsp;implies to many people an unsafe, crowded living space where people linger with little or no help. That’s an inadequate term for the service-rich housing hubs we are describing.&nbsp;''
 
''San Francisco calls them Navigation Centers. In Los Angeles, it’s Bridge Housing. In Sacramento, we’re planning to call them Rehousing Shelters. Their sole goal is to help people stabilize their lives and transition to permanent housing.''
</blockquote>
&nbsp;
 
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= References =
 
*Alexander, Lisa T [2015]. &nbsp;"[https://scholarship.law.tamu.edu/facscholar/766 Occupying the Constitutional Right to Housing]."&nbsp;94 Neb. L. Rev. 245 (2015).<br/> Available at: [https://scholarship.law.tamu.edu/facscholar/766 https://scholarship.law.tamu.edu/facscholar/766].<br/> <br/> ''"This Article's central thesis is that the conflict and contestation between [U.S. housing rights movements and private property advocates who seek to thwart these movements' efforts] helps forge new understandings of how local housing and property entitlements can be equitably allocated, consistent with the human right to housing and U.S. constitutional norms. While there is no formal federal, state, or constitutional right to housing in America, these movements' illegal occupations and local housing reforms concretize the human right to housing in local American laws, associate the human right to housing with well-accepted constitutional norms, and establish the contours of the human right to housing in the American legal consciousness.' These movements construct the human right to housing in American law by establishing through private and local laws a right to remain, a right to adequate and sustainable shelter, a right to housing in a location that preserves cultural heritage, a right to a self-determined community, and a right to equal housing opportunities for non-property owners, among other rights. By challenging local property rights, these movements also demonstrate how non-property owners, who lack adequate housing, also lack equal dignity, equal opportunity, equal citizenship, privacy, personal autonomy, and self-determination-all norms explicit in the U.S. constitutional order.&nbsp;''<br/> <br/>&nbsp; &nbsp; &nbsp; Note particularly:&nbsp;&nbsp;<br/> ''III.&nbsp;Occupying the American Right to Housing<br/> &nbsp; &nbsp;A. Eminent Domain for Squatters' Control of Land&nbsp;<br/> &nbsp; &nbsp;B. Eminent Domain for Local Principal Reduction<br/> &nbsp; &nbsp;C. Zoning Micro-Homes for the Homeless''<br/> &nbsp;
*Bratt, Rachel G., Michael E. Stone, and Chester Hartman, editors.&nbsp;''A Right to Housing: Foundation for a New Social Agenda''. Temple University Press, 2006. &nbsp;[http://www.temple.edu/tempress/titles/1301_reg.html Overview, contents, and Introduction]. &nbsp;[https://books.google.com/books?id=nTXmtaLK0OUC&pg=PA338#v=onepage&q&f=false Google Books].&nbsp;&nbsp;[https://drive.google.com/drive/folders/0B_E90AYG2sPDTExSX1JDUVZqU0U PDF]. [https://drive.google.com/open?id=0B_E90AYG2sPDdEtDSndPOUVxZXM ePub].<br/> &nbsp;
*Carter, Dennis. "[https://rewire.news/article/2019/02/20/what-housing-as-a-human-right-bill-looks-like/ Here’s What a ‘Housing as a Human Right’ Bill Looks Like]."&nbsp;''Rewire News,&nbsp;''Feb 20, 2019, 5:23pm.&nbsp;[https://rewire.news/article/2019/02/20/what-housing-as-a-human-right-bill-looks-like/ https://rewire.news/article/2019/02/20/what-housing-as-a-human-right-bill-looks-like/].&nbsp;<br/> &nbsp;
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*Hohmann, Jessie.&nbsp;''The Right to Housing: Laws, Concepts, Possibilities''. (2013).<br/> &nbsp;
*Naznin, S M Atia. "[https://www.nyulawglobal.org/globalex/Housing_Rights.html Researching the Right to Housing]." topic outline and research review.&nbsp;''Globalex&nbsp;''(NYU Hauser Global Law School), 2018.&nbsp;[https://www.nyulawglobal.org/globalex/Housing_Rights.html https://www.nyulawglobal.org/globalex/Housing_Rights.html].&nbsp;<br/> &nbsp;
*Portland State University Homelessness Research & Action Collaborative [PSU 2019]. "[https://www.pdx.edu/syndication/sites/www.pdx.edu.syndication/files/HRAC-NERC%20Final%20Draft%20JG%207AM8_20_2019.pdf Governance, Costs, and Revenue Raising to Address and Prevent Homelessness in the Portland Tri-County Region]." August 21, 2019. https://www.pdx.edu/syndication/sites/www.pdx.edu.syndication/files/HRAC-NERC%20Final%20Draft%20JG%207AM8_20_2019.pdf.<br/> &nbsp;
*Salins, Peter D. &nbsp;"[https://www.innovations.harvard.edu/comment-chester-hartmans-case-right-housing-housing-right-wrong Comment on Chester Hartman’s 'The Case for a Right to Housing’: Housing Is a Right? Wrong!]" Housing Policy Debate, Volume 9, Issue 2 259, 1998.[https://www.innovations.harvard.edu/comment-chester-hartmans-case-right-housing-housing-right-wrong https://www.innovations.harvard.edu/comment-chester-hartmans-case-right-housing-housing-right-wrong].<br/> &nbsp;
*
*Steinberg, Darrell [2019a]. "Op-Ed: Building more permanent housing alone won’t solve homelessness in California."&nbsp;''Los Angeles Times,&nbsp;''July 17, 2019.&nbsp;[https://www.latimes.com/opinion/story/2019-07-16/op-ed-building-more-permanent-housing-alone-wont-solve-homelessness-in-california https://www.latimes.com/opinion/story/2019-07-16/op-ed-building-more-permanent-housing-alone-wont-solve-homelessness-in-california].&nbsp;<br/> &nbsp;
*Steinberg, Darrell [2019b]. "[https://calmatters.org/commentary/california-should-make-clear-there-is-a-right-to-housing-not-simply-shelter/ California should make clear there is a right to housing, not simply shelter]." CalMatters, August 25, 2019.&nbsp;[https://calmatters.org/commentary/california-should-make-clear-there-is-a-right-to-housing-not-simply-shelter/ https://calmatters.org/commentary/california-should-make-clear-there-is-a-right-to-housing-not-simply-shelter/].&nbsp;<br/> &nbsp;
 
*
Steinberg, Darrell [2019b]. "[https://calmatters.org/commentary/california-should-make-clear-there-is-a-right-to-housing-not-simply-shelter/ California should make clear there is a right to housing, not simply shelter]." CalMatters, August 25, 2019.&nbsp;[https://calmatters.org/commentary/california-should-make-clear-there-is-a-right-to-housing-not-simply-shelter/ https://calmatters.org/commentary/california-should-make-clear-there-is-a-right-to-housing-not-simply-shelter/].&nbsp;
 
*Stockard, James. "Opinion: Why affordable housing needs to be a right, not a privilege." Ideas.TED.com, May 19, 2017.&nbsp;[http://ideas.ted.com/opinion-why-affordable-housing-needs-to-be-a-right-not-a-privilege/ http://ideas.ted.com/opinion-why-affordable-housing-needs-to-be-a-right-not-a-privilege/].<br/> &nbsp;
*Tars, Eric [2018]. (Senior Attorney, National Law Center on Homelessness & Poverty). "Housing as a Human Right."&nbsp;[https://nlihc.org/sites/default/files/AG-2018/Ch01-S06_Housing-Human-Right_2018.pdf https://nlihc.org/sites/default/files/AG-2018/Ch01-S06_Housing-Human-Right_2018.pdf].&nbsp;<br/> &nbsp;
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