December 26, 2006
HOME FOR THE HOLIDAYS - AND BEYOND
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An impressive array of federal, state and local elected officials are lending their clout to efforts to keep thousands of residents of AIDS supportive housing in their apartments for the New Year.
On the steps of City Hall Thursday morning: one powerful Congressman (Rep. Jerrold Nadler), the chairs of two key State Assembly committees (Hon. Deborah Glick and Hon. Dick Gottfried), a top aide to a key HIV-positive State Senator (Laura Morrison, for Sen. Tom Duane), a new-but-vocal Assembly Member (Hon. Linda Rosenthal) and over one hundred tenants, providers, and activists.
In the Assembly Hearing room across the street later that day: Glick and her Assembly Social Services Committee staff and first-hand testimony from an impressive array of tenants, providers and advocates. (For a copy of testimony from Housing Works click here.)
Their goal: stopping attempts to impose dramatic rent increases on AIDS housing tenants and getting Governor-elect Eliot Spitzer and the State Legislature to back new state policies and laws that will make sure all tenants in supportive housing programs who rely on disability or veterans' benefits, pensions, or a small amount of income can afford their rent and stay in their homes.
Referring to Spitzer's slogan, Social Services Chair Glick said that "on Day One, when everything changes, this will be one of those things that are changed." She promised to fight for comprehensive legislation that will block the dramatic rent increases and protect tenants with disabilities in New York City and around the state.
"I don't want to be homeless again"
The highlight of the hearings was testimony by tenants Michael Green,Yves Gebhardt, and Wayne Starks. Each man gave compelling, personal stories about the importance of their housing to keeping healthy and staying alive.
Green talked about the unfairness of knowing his neighbor's rent is capped at 30% of income, while he faces a dramatic rent increase. Gebhardt spoke for over a dozen of his neighbors in supportive housing in East Harlem who stick together like a family, and have shared their fears about eviction and homelessness. Starks spoke clearly about living on a limited income, and the real consequences of the threatened rent increase.
"This rent increase will force me back into homelessness and will make me sicker," said Wayne Starks, who has been living with HIV since 1986. "You try living with $11 a day. Now try living on $11 when you are living with AIDS. Now try living in $11 a day with a life-threatening kidney condition. I don't want to be homeless for the holidays."
The letters, the lawsuit, the legislation
In October, Starks received a letter telling him that as of November 1, he would have to pay 70 percent of his Social Security Disability income toward rent, leaving him with only $330 in cash each month. If the rent hike happens, he won't be able to afford his little apartment in Bedford-Stuveyesant, a type of non-emergency scatter-site housing funded by the New York City Human Resources Administration's (HRA) HIV/AIDS Services Administration (HASA).
Over 2,000 New Yorkers are facing this same threat. Formerly homeless people living with AIDS who receive income such as social security insurance or social security disability would be required to contribute ALL of their income, except for $330 towards their rent.
But the Housing Works legal team was able to win a temporary injunction that staves off the rent hike and keeps HASA clients in their homes until the Federal District Court ultimately decides the legal challenge. The proposal is not only life-threatening and cruel but also requires supportive housing providers to attempt to collect the increased rent, even though federal funding streams and contracts make it illegal for them to collect such inflated rents.
In the latest legal development, the City joined the State in writing the Court to request permission to move to dismiss the lawsuit. HASA representatives have consistently claimed State officials are forcing the City agency to request the rent increase.
"City officials know this rent hike hill is bad health policy, bad housing policy, and bad welfare policy - and that it's going to hurt thousands of New Yorkers if it's not stopped. They should be fighting with us, not against us," said Derrick Chandler, HIV-positive since 1987 and an organizer at Housing Works.
Albany action needed
Glick, Gottfried and Duane have all promised comprehensive legislation to protect the tenants and limit AIDS housing rents to 30% of outside income.
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"Almost every other housing program in the state offering subsidized housing for low-income people - including Section 8, public housing and New York/New York housing for persons with mental disabilities - caps rent at 30% of tenant income," said Housing Works Legislative Counsel Michael Kink.
"The solution is to change the New York State social services law to cap tenant contributions for all people receiving HIV/AIDS rental assistance at 30%. We need legislation that will put New York state law in line with federal laws and regulations that limit rent for low-income and disabled tenants to 30% of income, and a clear statement that state agencies must comply with relevant federal laws and regulations," said Kink.
After January 1, the ball will be in the court of Governor Spitzer and his new welfare chief, David Hansell (see related story below) who knows the issue in-depth from his recent work at NYCHRA.
We'll keep you posted on what they do to protect thousands who need their help.
For more information, please visit NYCAHN.