THE SENATE

S.B. NO.

2535

TWENTY-SEVENTH LEGISLATURE, 2014

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to housing.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


PART I

     SECTION 1.  The legislature finds that homelessness continues to be one of the State's most significant and challenging social problems.  The legislature further finds that according to a recent report, fourteen thousand two hundred homeless individuals were served through shelter and outreach programs in fiscal year 2011.  Of these individuals, nine thousand seven hundred eighty-one resided in the city and county of Honolulu.  The legislature also finds that homeless service providers estimate that six thousand homeless people in the State need shelter each night.

     The legislature additionally finds that homelessness is a complex issue that requires continuous resources and coordinated efforts at all levels.  The legislature also finds that homeless persons face a myriad of issues, including mental illness, substance abuse, loss of employment and income, and a lack of affordable housing.  Appropriate funding for programs and services tailored to address these issues is essential.

     The purpose of this part is to better assist individuals facing or experiencing homelessness by funding various homeless and housing programs.

     SECTION 2.  There is appropriated out of the general revenues of the State of Hawaii the sum of $300,000 or so much thereof as may be necessary for fiscal year 2014-2015 for substance abuse treatment and mental health support services for individuals who are homeless or at risk of becoming homeless.

     The sum appropriated shall be expended by the department of health for the purposes of this part.

     SECTION 3.  There is appropriated out of the general revenues of the State of Hawaii the sum of $200,000 or so much thereof as may be necessary for fiscal year 2014-2015 for clean and sober housing support services to be administered by the alcohol and drug abuse division of the department of health.

     The sum appropriated shall be expended by the department of health for the purposes of this part.

PART II

     SECTION 4.  There is appropriated out of the general revenues of the State of Hawaii the sum of $1,000,000 or so much thereof as may be necessary for fiscal year 2014-2015 for a rental assistance program, also known as a shallow subsidy program, for homeless working individuals and their families who are ready to rent permanent housing to obtain and maintain permanent housing; provided that:

     (1)  The maximum subsidy shall be $300 per month; provided that in order to qualify for the subsidy, a household shall pay a minimum of forty per cent of their adjusted gross income for rent; and

     (2)  A household's adjusted gross income shall be calculated in the same manner as calculated by the United States Department of Housing and Urban Development.

     The sum appropriated for program and administrative costs associated with establishing and operating the shallow subsidy program shall be expended by the department of human services through a contract issued pursuant to chapter 103F, Hawaii Revised Statutes, and sums appropriated for staff within the homeless programs office to administer the program shall be expended by the department of human services for the purposes of this part.

PART III

     SECTION 5.  The legislature finds that housing first programs are a collaborative effort between the department of human services and the United States Department of Housing and Urban Development that provides housing and support services for chronically homeless individuals, including those who have an addiction or mental illness, or both.  The principles of housing first programs include:

     (1)  Moving chronically homeless individuals into housing directly from streets and the shelters without a precondition of accepting or complying with treatment;

     (2)  Providing robust support services for program participants that are predicated on assertive engagement rather than coercion;

     (3)  Granting chronically homeless individuals priority as program participants in housing first programs;

     (4)  Embracing a harm-reduction approach to addictions rather than mandating abstinence while supporting program participant commitments to recovery; and

     (5)  Providing program participants with leases and tenant protections as provided by law.

     The housing first programs in the State closely resemble the requirements of the United States Department of Housing and Urban Development shelter plus care program and the Veterans Administration veteran's assisted supportive housing voucher program for homeless veterans.  In its December 2011 report to the legislature pursuant to section 346-378, Hawaii Revised Statutes, the department of human services reported that the State has six hundred fifty-eight permanent housing placements plus support services through the shelter plus care and veteran's assisted supportive housing voucher programs.

     The purpose of this part is to appropriate funds to the department of human services to support the State's housing first programs in assisting Hawaii's chronically homeless who are often the most vulnerable, most visible, and most difficult to serve.

     SECTION 6.  There is appropriated out of the general revenues of the State of Hawaii the sum of $750,000 or so much thereof as may be necessary for fiscal year 2014-2015 to be deposited to the credit of the housing first special fund established under section 346-377, Hawaii Revised Statutes, for the department of human services to continue to administer housing first programs for chronically homeless individuals in the State.

     SECTION 7.  There is appropriated out of the housing first special fund the sum of $750,000 or so much thereof as may be necessary for fiscal year 2014-2015 for the department of human services to continue to administer housing first programs for chronically homeless individuals in the State.

     The sum appropriated shall be expended by the department of human services for the purposes of this part.

PART IV

     SECTION 8.  The legislature finds that the purpose of the United States Department of Housing and Urban Development's homelessness prevention and rapid re-housing program is to provide economically distressed households and individuals with financial and other assistance to prevent them from becoming homeless and help those who are experiencing homelessness to be quickly re-housed and stabilized.  The funds under this program are intended to target individuals and families who would be homeless but for this assistance.

     The department of human services administers the homelessness prevention and rapid re-housing program to provide homeless prevention and housing assistance to all eligible individuals and households who apply through contracted organizations.  The funds from the program provide for a variety of assistance, including short-term or medium-term rental assistance and housing relocation, and stabilization services, such as mediation, security or utility deposits, utility payments, moving cost assistance, and case management.

     The purpose of this part is to appropriate funds to the department of human services to provide homelessness prevention and rapid re-housing assistance to all eligible individuals and households.

     SECTION 9.  There is appropriated out of the general revenues of the State of Hawaii the sum of $150,000 or so much thereof as may be necessary for fiscal year 2014-2015 for the homelessness prevention and rapid re-housing program.

     The sum appropriated shall be expended by the department of human services for the purposes of this part.

PART V

     SECTION 10.  The continuum of care permanent supportive housing programs funded by the United States Department of Housing and Urban Development provide rental assistance in connection with supportive services.  The programs provide a variety of permanent housing choices, accompanied by a range of supportive services funded through other sources.  The programs assist hard-to-serve homeless individuals with disabilities and their families.  These individuals primarily include those with serious mental illness, chronic problems with alcohol and drugs, and HIV, AIDS, or related diseases.

     There are four components to the continuum of care permanent supportive housing programs:  single room occupancy component — moderate rehabilitation for single-room occupancy dwellings; sponsor-based rental assistance component; project-based rental assistance component; and tenant-based rental assistance component.  Under all components, supportive services must be available to meet the needs of participants.  Similar to many other federal programs, continuum of care permanent supportive housing programs have a match requirement.  Applicants must match the aggregate amount of continuum of care rental assistance with supportive services.  This ensures that appropriate and timely services will be available to meet the needs of individual participants.

     The purpose of this part is to provide matching funds for the continuum of care permanent supportive housing programs of the United States Department of Housing and Urban Development.

     SECTION 11.  There is appropriated out of the general revenues of the State of Hawaii the sum of $500,000 or so much thereof as may be necessary for fiscal year 2014-2015 for matching funds for the continuum of care permanent supportive housing programs of the United States Department of Housing and Urban Development.

     The sum appropriated shall be expended by the department of human services for the purposes of this part.

PART VI

     SECTION 12.  The legislature finds that homelessness continues to be one of the State's most significant and challenging social problems.  The number of homeless persons in the State, estimated to be approximately six thousand on any given day, is indicative of the limited shelter space available.

     The legislature further finds that new and innovative solutions are needed to address the homelessness crisis.  Oregon, for example, has adopted laws that authorize political subdivisions to allow religious institutions to offer overnight camping space for homeless persons living in vehicles.  Similarly, Santa Barbara, California, has instituted a program that allows private organizations to use county-owned parking lots to provide overnight sleeping space for homeless persons with vehicles.

     Act 222, Session Laws of Hawaii 2013, established a homeless assistance working to group to work within each local neighborhood in each county to identify, plan, and implement housing options for homeless persons in each local community that reflect shared responsibility for addressing homelessness in Hawaii.

     The purpose of this part is to appropriate funds for the construction and demonstration of housing solutions related to the homeless assistance working group.

     SECTION 13.  There is appropriated out of the general revenues of the State of Hawaii the sum of $100,000 or so much thereof as may be necessary for fiscal year 2014-2015 for the construction and demonstration of innovative temporary housing solutions as they relate to the working group's findings and recommendations.

     The sum appropriated shall be expended by the department of human services for the purposes of this part.

PART VII

     SECTION 14.  Act 222, Session Laws of Hawaii 2013, section 16, is amended by amending subsections (a) and (b) to read as follows:

     "(a)  There is established [within the department of human services] a homeless assistance working group.  The purpose of the working group shall be to:

     (1)  Work within each local neighborhood in each county to identify various private and public properties whose owners are interested in partnering with the local neighborhood and government to provide land or structures that can be used to provide temporary homes for homeless persons, including people who are living in their motor vehicles;

     (2)  Coordinate with the State's homeless programs office and continuum of care providers to match homeless persons in every community with appropriate care and housing;

     (3)  Work with non-profit organizations, businesses, and government agencies that may be willing to offer their property for homeless persons living in their motor vehicles and coordinate voluntary participation and support to homeless persons;

     (4)  Create, develop, and support the housing options within each local community; and

     (5)  Communicate and coordinate with the Hawaii interagency council on homelessness on meeting their goals.

     (b)  [The director of human services, or a designee,] The chairpersons of the senate and house of representatives committees on human services shall convene the working group and invite the following as members:

     (1)  Representatives of homeless service providers;

     (2)  Representatives of community and volunteer service organizations, which may include:

         (A)  Community associations;

         (B)  Neighborhood boards; and

         (C)  Faith-based organizations;

     (3)  Representatives of property owners who are interested in partnering with the State to provide land, homes, or buildings that can be used to provide homes for homeless persons;

     (4)  Representatives of the homeless community who are currently experiencing or formerly experienced homelessness;

     (5)  Representatives of environmental organizations;

     (6)  Representatives of the architecture, engineering, development, and building industry;

     (7)  Representatives of other businesses, including realtors and financial institutions;

     (8)  Representatives of labor unions;

     (9)  Representatives of legal services;

    (10)  Representatives of the technology community;

    (11)  Various federal, state, and county and city representatives, including the chair of the Hawaii interagency council on homelessness and homeless programs office administrator;

    (12)  Interested federal, state, county, and city elected officials; and

    (13)  Others interested in supporting homeless assistance.

The members of the working group shall designate a chair from among themselves and serve without compensation."

PART VIII

     SECTION 15.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 16.  This Act shall take effect on July 1, 2014.

 

INTRODUCED BY:

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Report Title:

Homelessness; Housing; Homeless Assistance Working Group; Appropriation

 

Description:

Part I:  Appropriates funds to the department of health for substance abuse treatment, mental health support services, and clean and sober housing services.  Part II:  Appropriates funds for a rental assistance program, also known as a shallow subsidy program.  Parts III and IV:  Appropriates funds to the department of human services to continue to administer housing first programs for chronically homeless individuals and to reestablish the homeless prevention and rapid re-housing program.  Part V:  Appropriates matching funds for the federal continuum of care permanent supportive housing programs to provide rental assistance in connection with supportive services.  Part VI:  Appropriates funds for the homeless assistance working group.  Part VII:  Transfers the homeless assistance working group from the department of human services to the legislature.  Requires the chairpersons of the senate and house of representatives committees on human services to convene the homeless assistance working group instead of the director of human services, or a designee.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.