SB 866: Veterans housing.
- Session Year: 2015-2016
- House: Senate
- Latest Version Date: 2016-09-23
Existing law, the Veterans Housing and Homeless Prevention Bond Act of 2014, authorizes the issuance of bonds in the amount of $600,000,000 for expenditure by the California Housing Finance Agency, the Department of Housing and Community Development, and the Department of Veterans Affairs (the departments) to provide multifamily housing and services to veterans pursuant to the Veterans Housing and Homeless Prevention Act of 2014. Existing law requires the departments to establish and implement programs pursuant to those purposes.
This bill would authorize a housing developer or service provider that provides housing or services pursuant to those provisions to provide housing or services to veterans and their children in women-only facilities in limited instances, as specified.
Existing law, the Veterans Housing and Homeless Prevention Bond Act of 2014, authorizes the issuance of bonds in the amount of $600,000,000 for expenditure by the California Housing Finance Agency, the Department of Housing and Community Development, and the Department of Veterans Affairs (the departments) to provide multifamily housing and services to veterans pursuant to the Veterans Housing and Homeless Prevention Act of 2014. Existing law requires the departments to establish and implement programs pursuant to those purposes.
This bill would authorize a housing developer or service provider that provides housing or services pursuant to those provisions to provide housing or services to veterans and their children in women-only facilities in limited instances, as specified.
Existing law, the Veterans Housing and Homeless Prevention Bond Act of 2014, authorizes the issuance of bonds in the amount of $600,000,000 for expenditure by the California Housing Finance Agency, the Department of Housing and Community Development, and the Department of Veterans Affairs (the departments) to provide multifamily housing and services to veterans pursuant to the Veterans Housing and Homeless Prevention Act of 2014. Existing law requires the departments to establish and implement programs pursuant to those purposes.
This bill would authorize a housing developer or service provider that receives bond moneys provides housing or services pursuant to those provisions to provide housing or services to veterans and their children in women-only facilities in limited instances, as specified.
Existing law, the Veterans Housing and Homeless Prevention Bond Act of 2014, authorizes the issuance of bonds in the amount of $600,000,000 for expenditure by the California Housing Finance Agency, the Department of Housing and Community Development, and the Department of Veterans Affairs (the departments) to provide multifamily housing and services to veterans pursuant to the Veterans Housing and Homeless Prevention Act of 2014. Existing law requires the departments to establish and implement programs pursuant to those purposes.
This bill would authorize a housing developer or service provider that receives bond moneys pursuant to those provisions to provide housing or services to veterans and their children in women-only facilities or men-only facilities in limited instances, as specified.
Existing law, the Veterans Housing and Homeless Prevention Bond Act of 2014, authorizes the issuance of bonds in the amount of $600,000,000 for expenditure by the California Housing Finance Agency, the Department of Housing and Community Development, and the Department of Veterans Affairs (the departments) to provide multifamily housing and services to veterans pursuant to the Veterans Housing and Homeless Prevention Act of 2014. Existing law requires the departments to establish and implement programs pursuant to those purposes.
This bill would authorize a housing developer or service provider that receives bond moneys pursuant to those provisions to provide housing or services to veterans and their children in women-only facilities or men-only facilities in limited instances, as specified.
This act shall be known and may be cited as the Veterans Housing and Homeless Prevention Act of 2016: Proposition 41 Expenditures: Military Sexual Trauma.
SEC. 2.Section 987.005 of the Military and Veterans Code is amended to read:987.005.(a)The departments shall establish and implement programs pursuant to the purposes of this article that focus on veterans at risk for homelessness or experiencing temporary or chronic homelessness. To the extent feasible, the departments shall establish and implement programs that, among other things, do the following:
(1)Leverage public (federal, state, and local), private, and nonprofit program and fiscal resources.
(2)Prioritize projects that combine housing and supportive services, including, but not limited to, job training, mental health and drug treatment, case management, care coordination, or physical rehabilitation.
(3)Promote public and private partnerships.
(4)Foster innovative financing opportunities.
(5)Ensure program guidelines and terms provide threshold requirements or scoring criteria, or both, to advance applicants with experience in combining permanent or transitional housing, or both, with supportive services for veterans, or for partnering with housing developers or service providers with experience offering housing or services to veterans.
(b)The departments shall ensure at least 50 percent of funds awarded for capital development under this article provide housing to veteran households with extremely low incomes, as defined in Section 50106 of the Health and Safety Code.
(1)In determining whether a potential tenant is eligible for supportive, affordable, or transitional housing targeted to extremely low income households under this provision, eligibility shall take into consideration all of a households income sources upon initial tenancy.
(2)At least 60 percent of units funded targeting extremely low income households shall be supportive housing.
(3)This section shall not deter the departments from funding projects serving mixed-income populations.
(c)The departments may review, adopt, amend, and repeal guidelines or terms, or both, to implement this article. Any guidelines or terms adopted to implement this article shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
(d)Nothing in this article permits the departments or the board to purchase, operate, or manage properties except in the event of a foreclosure on a borrower or grantee.
(e)(1)Notwithstanding any other law, a housing developer or service provider that provides housing or services pursuant to this article may provide housing or services to female veterans and their children in women-only facilities in limited instances in which a female veteran (A) has suffered any form of sexual abuse, trauma, or intimidation or harassment while serving in the military and is seeking treatment for that sexual abuse, trauma, or intimidation or harassment, or (B) is seeking the housing or services as a result of being a victim of sexual abuse or domestic violence.
(2)A housing developer or service provider that provides housing or services to female veterans in women-only facilities pursuant to paragraph (1) shall ensure that the housing or services shall provide supportive housing or services with a focus on, among others, treating the effects of military sexual abuse, trauma, or intimidation in a gender-specific manner.
(3)For purposes of this subdivision, women-only facilities means the facilities may house and provide services to female veterans only and their children, and shall not house or provide services to any adult who is not a dependent of a female veteran.
SEC. 3.(a)The Legislature finds and declares that the changes made by this act to Section 987.005 of the Military and Veterans Code are necessary in order to provide a safe environment to female veterans who have been subject to, among others, sexual abuse, harassment, or domestic violence. Providing a gender-specific treatment and housing community to address the needs of at-risk veterans who have been sexually abused or physically while in service or thereafter is necessary for purposes of treatment and recovery. It is, therefore, necessary that these facilities be focused on women-only treatment and services with a focus on treatment related to sexual abuse, harassment, or domestic violence, which may be distinct from other treatment or services that other veterans may be seeking under similar provisions, such as for nonmilitary sexual trauma related post-traumatic stress disorder (PTSD) or job placement.
(b)In that respect, the Legislature finds and declares that providing gender-specific treatment and housing pursuant to this act serves a compelling state interest, which interest is providing the best possible treatment to female veterans who have served our country and who now face additional hurdles that disproportionately affect female veterans over male veterans. The Legislature finds and declares that providing separate facilities distinct from the norm of multifamily housing is substantially related to the achievement of those objectives.
(c)The Legislature further finds and declares all of the following:
(1)There are over 200,000 active duty women in the United States Armed Forces making up approximately 15 percent of active duty personnel. With most military occupations now open to women, it is expected their ranks will continue to grow.
(2)With approximately two million female veterans nationwide, women veterans make up only about 10 percent of the over 21 million veterans nationwide.
(3)California has the second highest female veteran population in the country, with over 164,000 female veterans calling California home.
(4)The United States Department of Veterans Affairs (VA) national screening program has reported that about one in four women respond they have experienced Military Sexual Trauma (MST) when screened by their VA provider, and the National Center on Family Homelessness has found that female veterans experience sexual assault after their military service at 12 times the rate of the general civilian female population.
(5)Women who are assaulted, raped, or sexually harassed during their military service suffer mental effects of their MST for years after leaving the military, are at a higher risk of developing PTSD than those who are not assaulted, and are disproportionately at risk of becoming homeless after separating from military service.
(6)Ensuring that there is adequate housing for MST victims should be a primary goal of the Department of Veterans Affairs, the Department of Housing and Community Development, and the California Housing Finance Agency as they administer the Veterans Housing and Homelessness Prevention Program enacted by Proposition 41. Effectively housing and treating this population will require acknowledging that victims of MST have unique needs that cannot be adequately treated through the traditionally male-centric housing and services that are available.
(7)Female veterans with PTSD have reported that women-centered treatment is the most important factor contributing to their comfort with VA services. Due to the great majority of veterans being male, most veteran-only housing is occupied by male veterans and most services are utilized by male veterans. This situation deters many MST victims from seeking veteran-only housing because the male dominated living environment triggers the experience of being in the male dominated military where the rape, assault, or harassment occurred. As such, female veterans who are victims of MST do not, as a practical matter, have equal access to veteran-only housing and services that treat MST.
(8)PTSD is a serious condition and classified as a disability under the federal Americans with Disabilities Act (ADA). According to the United States Department of Justice Civil Rights Division, PTSD can also be recognized as a disability under the federal Fair Housing Act. As Californias Fair Employment and Housing Act is intended to conform to federal law, victims of MST-related PTSD have a disability and should be afforded a reasonable accommodation that allows them to enjoy veteran-only housing under this act. Access to womens only housing and supportive services for victims of MST shall be considered a reasonable accommodation under this act and is critical in this narrow circumstance to address the needs of this small and vulnerable population.
This act shall be known and may be cited as the Veterans Housing and Homeless Prevention Act of 2016: Proposition 41 Expenditures: Military Sexual Trauma.
SEC. 2.Section 987.005 of the Military and Veterans Code is amended to read:987.005.(a)The departments shall establish and implement programs pursuant to the purposes of this article that focus on veterans at risk for homelessness or experiencing temporary or chronic homelessness. To the extent feasible, the departments shall establish and implement programs that, among other things, do the following:
(1)Leverage public (federal, state, and local), private, and nonprofit program and fiscal resources.
(2)Prioritize projects that combine housing and supportive services, including, but not limited to, job training, mental health and drug treatment, case management, care coordination, or physical rehabilitation.
(3)Promote public and private partnerships.
(4)Foster innovative financing opportunities.
(5)Ensure program guidelines and terms provide threshold requirements or scoring criteria, or both, to advance applicants with experience in combining permanent or transitional housing, or both, with supportive services for veterans, or for partnering with housing developers or service providers with experience offering housing or services to veterans.
(b)The departments shall ensure at least 50 percent of funds awarded for capital development under this article provide housing to veteran households with extremely low incomes, as defined in Section 50106 of the Health and Safety Code.
(1)In determining whether a potential tenant is eligible for supportive, affordable, or transitional housing targeted to extremely low income households under this provision, eligibility shall take into consideration all of a households income sources upon initial tenancy.
(2)At least 60 percent of units funded targeting extremely low income households shall be supportive housing.
(3)This section shall not deter the departments from funding projects serving mixed-income populations.
(c)The departments may review, adopt, amend, and repeal guidelines or terms, or both, to implement this article. Any guidelines or terms adopted to implement this article shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
(d)Nothing in this article permits the departments or the board to purchase, operate, or manage properties except in the event of a foreclosure on a borrower or grantee.
(e)(1)Notwithstanding any other law, a housing developer or service provider that provides housing or services pursuant to this article may provide housing or services to female veterans and their children in women-only facilities in limited instances in which a female veteran (A) has suffered any form of sexual abuse, trauma, or intimidation or harassment while serving in the military and is seeking treatment for that sexual abuse, trauma, or intimidation or harassment, or (B) is seeking the housing or services as a result of being a victim of sexual abuse or domestic violence.
(2)A housing developer or service provider that provides housing or services to female veterans in women-only facilities pursuant to paragraph (1) shall ensure that the housing or services shall provide supportive housing or services with a focus on, among others, treating the effects of military sexual abuse, trauma, or intimidation in a gender-specific manner.
(3)For purposes of this subdivision, women-only facilities means the facilities may house and provide services to female veterans only and their children, and shall not house or provide services to any adult who is not a dependent of a female veteran.
SEC. 3.(a)The Legislature finds and declares that the changes made by this act to Section 987.005 of the Military and Veterans Code are necessary in order to provide a safe environment to female veterans who have been subject to, among others, sexual abuse, harassment, or domestic violence. Providing a gender-specific treatment and housing community to address the needs of at-risk veterans who have been sexually abused or physically while in service or thereafter is necessary for purposes of treatment and recovery. It is, therefore, necessary that these facilities be focused on women-only treatment and services with a focus on treatment related to sexual abuse, harassment, or domestic violence, which may be distinct from other treatment or services that other veterans may be seeking under similar provisions, such as for nonmilitary sexual trauma related post-traumatic stress disorder (PTSD) or job placement.
(b)In that respect, the Legislature finds and declares that providing gender-specific treatment and housing pursuant to this act serves a compelling state interest, which interest is providing the best possible treatment to female veterans who have served our country and who now face additional hurdles that disproportionately affect female veterans over male veterans. The Legislature finds and declares that providing separate facilities distinct from the norm of multifamily housing is substantially related to the achievement of those objectives.
(c)The Legislature further finds and declares all of the following:
(1)There are over 200,000 active duty women in the United States Armed Forces making up approximately 15 percent of active duty personnel. With most military occupations now open to women, it is expected their ranks will continue to grow.
(2)With approximately two million female veterans nationwide, women veterans make up only about 10 percent of the over 21 million veterans nationwide.
(3)California has the second highest female veteran population in the country, with over 164,000 female veterans calling California home.
(4)The United States Department of Veterans Affairs (VA) national screening program has reported that about one in four women respond they have experienced Military Sexual Trauma (MST) when screened by their VA provider, and the National Center on Family Homelessness has found that female veterans experience sexual assault after their military service at 12 times the rate of the general civilian female population.
(5)Women who are assaulted, raped, or sexually harassed during their military service suffer mental effects of their MST for years after leaving the military, are at a higher risk of developing PTSD than those who are not assaulted, and are disproportionately at risk of becoming homeless after separating from military service.
(6)Ensuring that there is adequate housing for MST victims should be a primary goal of the Department of Veterans Affairs, the Department of Housing and Community Development, and the California Housing Finance Agency as they administer the Veterans Housing and Homelessness Prevention Program enacted by Proposition 41. Effectively housing and treating this population will require acknowledging that victims of MST have unique needs that cannot be adequately treated through the traditionally male-centric housing and services that are available.
(7)Female veterans with PTSD have reported that women-centered treatment is the most important factor contributing to their comfort with VA services. Due to the great majority of veterans being male, most veteran-only housing is occupied by male veterans and most services are utilized by male veterans. This situation deters many MST victims from seeking veteran-only housing because the male dominated living environment triggers the experience of being in the male dominated military where the rape, assault, or harassment occurred. As such, female veterans who are victims of MST do not, as a practical matter, have equal access to veteran-only housing and services that treat MST.
(8)PTSD is a serious condition and classified as a disability under the federal Americans with Disabilities Act (ADA). According to the United States Department of Justice Civil Rights Division, PTSD can also be recognized as a disability under the federal Fair Housing Act. As Californias Fair Employment and Housing Act is intended to conform to federal law, victims of MST-related PTSD have a disability and should be afforded a reasonable accommodation that allows them to enjoy veteran-only housing under this act. Access to womens only housing and supportive services for victims of MST shall be considered a reasonable accommodation under this act and is critical in this narrow circumstance to address the needs of this small and vulnerable population.
This act shall be known and may be cited as the Veterans Housing and Homeless Prevention Act of 2016: Proposition 41 Expenditures: Military Sexual Trauma.
SEC. 2.Section 987.005 of the Military and Veterans Code is amended to read:987.005.(a)The departments shall establish and implement programs pursuant to the purposes of this article that focus on veterans at risk for homelessness or experiencing temporary or chronic homelessness. To the extent feasible, the departments shall establish and implement programs that, among other things, do the following:
(1)Leverage public (federal, state, and local), private, and nonprofit program and fiscal resources.
(2)Prioritize projects that combine housing and supportive services, including, but not limited to, job training, mental health and drug treatment, case management, care coordination, or physical rehabilitation.
(3)Promote public and private partnerships.
(4)Foster innovative financing opportunities.
(5)Ensure program guidelines and terms provide threshold requirements or scoring criteria, or both, to advance applicants with experience in combining permanent or transitional housing, or both, with supportive services for veterans, or for partnering with housing developers or service providers with experience offering housing or services to veterans.
(b)The departments shall ensure at least 50 percent of funds awarded for capital development under this article provide housing to veteran households with extremely low incomes, as defined in Section 50106 of the Health and Safety Code.
(1)In determining whether a potential tenant is eligible for supportive, affordable, or transitional housing targeted to extremely low income households under this provision, eligibility shall take into consideration all of a households income sources upon initial tenancy.
(2)At least 60 percent of units funded targeting extremely low income households shall be supportive housing.
(3)This section shall not deter the departments from funding projects serving mixed-income populations.
(c)The departments may review, adopt, amend, and repeal guidelines or terms, or both, to implement this article. Any guidelines or terms adopted to implement this article shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
(d)Nothing in this article permits the departments or the board to purchase, operate, or manage properties except in the event of a foreclosure on a borrower or grantee.
(e)(1)Notwithstanding any other law, a housing developer or service provider that receives bond moneys provides housing or services pursuant to this article may provide housing or services to female veterans and their children in women-only facilities in limited instances in which a female veteran (A) has suffered any form of sexual abuse, trauma, or intimidation or harassment while serving in the military and is seeking treatment for that sexual abuse, trauma, or intimidation or harassment, or (B) is seeking the housing or services as a result of being a victim of sexual abuse or domestic violence.
(2)A housing developer or service provider that provides housing or services to female veterans in women-only facilities pursuant to paragraph (1) shall ensure that the housing or services shall provide supportive housing or services with a focus on, among others, treating the effects of military sexual abuse, trauma, or intimidation in a gender-specific manner.
(3)For purposes of this subdivision, women-only facilities means the facilities may house and provide services to female veterans only and their children, and shall not house or provide services to any adult who is not a dependent of a female veteran.
SEC. 3.(a)The Legislature finds and declares that the changes made by this act to Section 987.005 of the Military and Veterans Code are necessary in order to provide a safe environment to female veterans who have been subject to, among others, sexual abuse, harassment, or domestic violence. Providing a gender-specific treatment and housing community to address the needs of at-risk veterans who have been sexually abused or physically while in service or thereafter is necessary for purposes of treatment and recovery. It is, therefore, necessary that these facilities be focused on women-only treatment and services with a focus on treatment related to sexual abuse, harassment, or domestic violence, which may be distinct from other treatment or services that other veterans may be seeking under similar provisions, such as for nonmilitary sexual trauma related post-traumatic stress disorder (PTSD) or job placement.
(b)In that respect, the Legislature finds and declares that providing gender-specific treatment and housing pursuant to this act serves a compelling state interest, which interest is providing the best possible treatment to female veterans who have served our country and who now face additional hurdles that disproportionately affect female veterans over male veterans. The Legislature finds and declares that providing separate facilities distinct from the norm of multifamily housing is substantially related to the achievement of those objectives.
(c)The Legislature further finds and declares all of the following:
(1)There are over 200,000 active duty women in the United States Armed Forces making up approximately 15 percent of active duty personnel. With most military occupations now open to women, it is expected their ranks will continue to grow.
(2)With approximately two million female veterans nationwide, women veterans make up only about 10 percent of the over 21 million veterans nationwide.
(3)California has the second highest female veteran population in the country, with over 164,000 female veterans calling California home.
(4)The United States Department of Veterans Affairs (VA) national screening program has reported that about one in four women respond they have experienced Military Sexual Trauma (MST) when screened by their VA provider, and the National Center on Family Homelessness has found that female veterans experience sexual assault after their military service at 12 times the rate of the general civilian female population.
(5)Women who are assaulted, raped, or sexually harassed during their military service suffer mental effects of their MST for years after leaving the military, are at a higher risk of developing PTSD than those who are not assaulted, and are disproportionately at risk of becoming homeless after separating from military service.
(6)Ensuring that there is adequate housing for MST victims should be a primary goal of the Department of Veterans Affairs, the Department of Housing and Community Development, and the California Housing Finance Agency as they administer the Veterans Housing and Homelessness Prevention Program enacted by Proposition 41. Effectively housing and treating this population will require acknowledging that victims of MST have unique needs that cannot be adequately treated through the traditionally male-centric housing and services that are available.
(7)Female veterans with PTSD have reported that women-centered treatment is the most important factor contributing to their comfort with VA services. Due to the great majority of veterans being male, most veteran-only housing is occupied by male veterans and most services are utilized by male veterans. This situation deters many MST victims from seeking veteran-only housing because the male dominated living environment triggers the experience of being in the male dominated military where the rape, assault, or harassment occurred. As such, female veterans who are victims of MST do not, as a practical matter, have equal access to veteran-only housing and services that treat MST.
(8)PTSD is a serious condition and classified as a disability under the federal Americans with Disabilities Act (ADA). According to the United States Department of Justice Civil Rights Division, PTSD can also be recognized as a disability under the federal Fair Housing Act. As Californias Fair Employment and Housing Act is intended to conform to federal law, victims of MST-related PTSD have a disability and should be afforded a reasonable accommodation that allows them to enjoy veteran-only housing under this act. Access to womens only housing and supportive services for victims of MST shall be considered a reasonable accommodation under this act and is critical in this narrow circumstance to address the needs of this small and vulnerable population.
This act shall be known and may be cited as the Veterans Housing and Homeless Prevention Act of 2016: Proposition 41 Expenditures: Military Sexual Trauma.
SEC. 2.Section 987.005 of the Military and Veterans Code is amended to read:987.005.(a)The departments shall establish and implement programs pursuant to the purposes of this article that focus on veterans at risk for homelessness or experiencing temporary or chronic homelessness. To the extent feasible, the departments shall establish and implement programs that, among other things, do the following:
(1)Leverage public (federal, state, and local), private, and nonprofit program and fiscal resources.
(2)Prioritize projects that combine housing and supportive services, including, but not limited to, job training, mental health and drug treatment, case management, care coordination, or physical rehabilitation.
(3)Promote public and private partnerships.
(4)Foster innovative financing opportunities.
(5)Ensure program guidelines and terms provide threshold requirements or scoring criteria, or both, to advance applicants with experience in combining permanent or transitional housing, or both, with supportive services for veterans, or for partnering with housing developers or service providers with experience offering housing or services to veterans.
(b)The departments shall ensure at least 50 percent of funds awarded for capital development under this article provide housing to veteran households with extremely low incomes, as defined in Section 50106 of the Health and Safety Code.
(1)In determining whether a potential tenant is eligible for supportive, affordable, or transitional housing targeted to extremely low income households under this provision, eligibility shall take into consideration all of a households income sources upon initial tenancy.
(2)At least 60 percent of units funded targeting extremely low income households shall be supportive housing.
(3)This section shall not deter the departments from funding projects serving mixed-income populations.
(c)The departments may review, adopt, amend, and repeal guidelines or terms, or both, to implement this article. Any guidelines or terms adopted to implement this article shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
(d)Nothing in this article permits the departments or the board to purchase, operate, or manage properties except in the event of a foreclosure on a borrower or grantee.
(e)(1)Notwithstanding any other law, a housing developer or service provider that receives bond moneys pursuant to this article may provide housing or services to male or female veterans and their children in men-only or women-only facilities, respectively, facilities in limited instances in which (1) a male or a female veteran (A) has suffered any form of sexual abuse, trauma, or intimidation or harassment while on active duty serving in the military and is seeking treatment for that sexual abuse, trauma, or intimidation or harassment, or (2) (B) is seeking the housing or services as a result of being a victim of sexual abuse or domestic violence.
(2)A housing developer or service provider that provides housing or services to male or female veterans in men-only facilities or women-only facilities pursuant to paragraph (1) shall ensure that the housing or services shall provide supportive housing or services with a focus on, among others, treating the effects of male or female military sexual abuse, trauma, or intimidation. intimidation in a gender-specific manner.
(3)For purposes of this subdivision:
(A)Men-only facilities means the facilities may house and provide services to male veterans only and their children, and shall not house or provide services to any adult who is not a dependent of a male veteran.
(B)Women-only
(3)For purposes of this subdivision, women-only facilities means the facilities may house and provide services to female veterans only and their children, and shall not house or provide services to any adult who is not a dependent of a female veteran.
SEC. 3.(a)The Legislature finds and declares that the changes made by this act to Section 987.005 of the Military and Veterans Code are necessary in order to provide a safe environment to male and female veterans who have been subject to, among others, sexual abuse, harassment, or domestic violence. Providing a gender-specific treatment and housing community to address the needs of at-risk veterans who have been sexually abused or physically while in service or thereafter is necessary for purposes of treatment and recovery. It is, therefore, necessary that these facilities be focused on men-only or women-only treatment and services with a focus on treatment related to sexual abuse, harassment, or domestic violence, which may be distinct from other treatment or services that other veterans may be seeking under similar provisions, such as for PTSD nonmilitary sexual trauma related post-traumatic stress disorder (PTSD) or job placement.
(b)In that respect, the Legislature finds and declares that providing gender-specific treatment and housing pursuant to this act serves a compelling state interest, which interest is providing the best possible treatment to our female veterans who have served our country and who now face additional hurdles that disproportionately affect some veterans over others. female veterans over male veterans. The Legislature further finds and declares that providing separate facilities distinct from the norm of multifamily housing is substantially related to the achievement of those objectives.
(c)The Legislature further finds and declares all of the following:
(1)There are over 200,000 active duty women in the United States Armed Forces making up approximately 15 percent of active duty personnel. With most military occupations now open to women, it is expected their ranks will continue to grow.
(2)With approximately two million female veterans nationwide, women veterans make up only about 10 percent of the over 21 million veterans nationwide.
(3)California has the second highest female veteran population in the country, with over 164,000 female veterans calling California home.
(4)The United States Department of Veterans Affairs (VA) national screening program has reported that about one in four women respond they have experienced Military Sexual Trauma (MST) when screened by their VA provider, and the National Center on Family Homelessness has found that female veterans experience sexual assault after their military service at 12 times the rate of the general civilian female population.
(5)Women who are assaulted, raped, or sexually harassed during their military service suffer mental effects of their MST for years after leaving the military, are at a higher risk of developing PTSD than those who are not assaulted, and are disproportionately at risk of becoming homeless after separating from military service.
(6)Ensuring that there is adequate housing for MST victims should be a primary goal of the Department of Veterans Affairs, the Department of Housing and Community Development, and the California Housing Finance Agency as they administer the Veterans Housing and Homelessness Prevention Program enacted by Proposition 41. Effectively housing and treating this population will require acknowledging that victims of MST have unique needs that cannot be adequately treated through the traditionally male-centric housing and services that are available.
(7)Female veterans with PTSD have reported that women-centered treatment is the most important factor contributing to their comfort with VA services. Due to the great majority of veterans being male, most veteran-only housing is occupied by male veterans and most services are utilized by male veterans. This situation deters many MST victims from seeking veteran-only housing because the male dominated living environment triggers the experience of being in the male dominated military where the rape, assault, or harassment occurred. As such, female veterans who are victims of MST do not, as a practical matter, have equal access to veteran-only housing and services that treat MST.
(8)PTSD is a serious condition and classified as a disability under the federal Americans with Disabilities Act (ADA). According to the United States Department of Justice Civil Rights Division, PTSD can also be recognized as a disability under the federal Fair Housing Act. As Californias Fair Employment and Housing Act is intended to conform to federal law, victims of MST-related PTSD have a disability and should be afforded a reasonable accommodation that allows them to enjoy veteran-only housing under this act. Access to womens only housing and supportive services for victims of MST shall be considered a reasonable accommodation under this act and is critical in this narrow circumstance to address the needs of this small and vulnerable population.
This act shall be known and may be cited as the Veterans Housing and Homeless Prevention Act of 2016: Proposition 41 Expenditures: Military Sexual Trauma.
SEC. 2.Section 987.005 of the Military and Veterans Code is amended to read:987.005.(a)The departments shall establish and implement programs pursuant to the purposes of this article that focus on veterans at risk for homelessness or experiencing temporary or chronic homelessness. To the extent feasible, the departments shall establish and implement programs that, among other things, do the following:
(1)Leverage public (federal, state, and local), private, and nonprofit program and fiscal resources.
(2)Prioritize projects that combine housing and supportive services, including, but not limited to, job training, mental health and drug treatment, case management, care coordination, or physical rehabilitation.
(3)Promote public and private partnerships.
(4)Foster innovative financing opportunities.
(5)Ensure program guidelines and terms provide threshold requirements or scoring criteria, or both, to advance applicants with experience in combining permanent or transitional housing, or both, with supportive services for veterans, or for partnering with housing developers or service providers with experience offering housing or services to veterans.
(b)The departments shall ensure at least 50 percent of funds awarded for capital development under this article provide housing to veteran households with extremely low incomes, as defined in Section 50106 of the Health and Safety Code.
(1)In determining whether a potential tenant is eligible for supportive, affordable, or transitional housing targeted to extremely low income households under this provision, eligibility shall take into consideration all of a households income sources upon initial tenancy.
(2)At least 60 percent of units funded targeting extremely low income households shall be supportive housing.
(3)This section shall not deter the departments from funding projects serving mixed-income populations.
(c)The departments may review, adopt, amend, and repeal guidelines or terms, or both, to implement this article. Any guidelines or terms adopted to implement this article shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
(d)Nothing in this article permits the departments or the board to purchase, operate, or manage properties except in the event of a foreclosure on a borrower or grantee.
(e)(1)Notwithstanding any other law, a housing developer or service provider that receives bond moneys pursuant to this article may provide housing or services to male or female veterans and their children in men-only or women-only facilities, respectively, in limited instances in which (1) a male or female veteran has suffered any form of sexual abuse, trauma, or intimidation or harassment while on active duty and is seeking treatment for that sexual abuse, trauma, or intimidation or harassment, or (2) is seeking the housing or services as a result of being a victim of sexual abuse or domestic violence.
(2)A housing developer or service provider that provides housing or services to male or female veterans in men-only facilities or women-only facilities pursuant to paragraph (1) shall ensure that the housing or services shall provide supportive housing or services with a focus on, among others, treating the effects of male or female military sexual abuse, trauma, or intimidation.
(3)For purposes of this subdivision:
(A)Men-only facilities means the facilities may house and provide services to male veterans only and their children, and shall not house or provide services to any adult who is not a dependent of a male veteran.
(B)Women-only facilities means the facilities may house and provide services to female veterans only and their children, and shall not house or provide services to any adult who is not a dependent of a female veteran.
SEC. 3.(a)The Legislature finds and declares that the changes made by this act to Section 987.005 of the Military and Veterans Code are necessary in order to provide a safe environment to male and female veterans who have been subject to, among others, sexual abuse, harassment, or domestic violence. Providing a gender-specific treatment and housing community to address the needs of at-risk veterans who have been sexually abused or physically while in service or thereafter is necessary for purposes of treatment and recovery. It is, therefore, necessary that these facilities be focused on men-only or women-only treatment and services with a focus on treatment related to sexual abuse, harassment, or domestic violence, which may be distinct from other treatment or services that other veterans may be seeking under similar provisions, such as for PTSD or job placement.
(b)In that respect, the Legislature finds and declares that providing gender-specific treatment and housing pursuant to this act serves a compelling state interest, which interest is providing the best possible treatment to our veterans who have served our country and who now face additional hurdles that disproportionately affect some veterans over others. The Legislature further finds and declares that providing separate facilities distinct from the norm of multifamily housing is substantially related to the achievement of those objectives.
|
Date
|
Status
|
|---|---|
| May 12, 2016 | Read third time. Passed. (Ayes 38. Noes 0.) Ordered to the Assembly. |
| Aug 24, 2016 | Enrolled and presented to the Governor at 5 p.m. |
| Aug 18, 2016 | Assembly amendments concurred in. (Ayes 36. Noes 0.) Ordered to engrossing and enrolling. |
| Aug 18, 2016 | Assembly amendments concurred in. (Ayes 36. Noes 0. Page 5140.) Ordered to engrossing and enrolling. |
| Aug 16, 2016 | Ordered to special consent calendar. |
| Aug 11, 2016 | Read third time. Passed. (Ayes 78. Noes 0. Page 5778.) Ordered to the Senate. |
| Aug 11, 2016 | Read third time. Passed. Ordered to the Senate. |
| Aug 11, 2016 | In Senate. Concurrence in Assembly amendments pending. |
| Aug 4, 2016 | Read second time. Ordered to consent calendar. |
| Aug 3, 2016 | From committee: Do pass. Ordered to consent calendar. (Ayes 20. Noes 0.) (August 3). |
| Jun 29, 2016 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (June 28). Re-referred to Com. on APPR. |
| Jun 16, 2016 | Read second time and amended. Re-referred to Com. on V.A. |
| Jun 15, 2016 | From committee: Do pass as amended and re-refer to Com. on V.A. (Ayes 6. Noes 0.) (June 15). |
| May 19, 2016 | Referred to Coms. on H. & C.D. and V.A. |
| Jan 11, 2016 | Introduced. Read first time. To Com. on RLS. for assignment. To print. |
| May 12, 2016 | Read third time. Passed. (Ayes 38. Noes 0. Page 3848.) Ordered to the Assembly. |
| May 12, 2016 | In Assembly. Read first time. Held at Desk. |
| May 10, 2016 | Read second time. Ordered to third reading. |
| May 9, 2016 | From committee: Do pass. (Ayes 6. Noes 0.) (May 9). |
| May 9, 2016 | From committee: Do pass. (Ayes 6. Noes 0. Page 3810.) (May 9). |
| Apr 29, 2016 | Set for hearing May 9. |
| Apr 13, 2016 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 0.) (April 12). Re-referred to Com. on APPR. |
| Apr 13, 2016 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 0. Page 3523.) (April 12). Re-referred to Com. on APPR. |
| Mar 14, 2016 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on V.A. |
| Mar 11, 2016 | Set for hearing April 12. |
| Jan 28, 2016 | Referred to Com. on V.A. |
| Jan 12, 2016 | From printer. May be acted upon on or after February 11. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 18, 2016 | Special Consent SB866 Roth | Senate Floor |
Passed |
|
| Aug 11, 2016 | SB 866 Roth Consent Calendar Second Day Regular Session | Assembly Floor |
Passed |
|
| Aug 3, 2016 | Do pass. To Consent Calendar. | Assembly Standing Committee on Appropriations |
Passed |
|
| Jun 28, 2016 | Do pass and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Veterans Affairs |
Passed |
|
| Jun 15, 2016 | Do pass as amended and be re-referred to the Committee on [Veterans Affairs] | Assembly Standing Committee on Housing and Community Development |
Passed |
|
| May 12, 2016 | Senate 3rd Reading SB866 Roth | Senate Floor |
Passed |
|
| May 9, 2016 | Do pass | Senate Standing Committee on Appropriations |
Passed |
|
| Apr 12, 2016 | Do pass, but first be re-referred to the Committee on [Appropriations] | Senate Standing Committee on Veterans Affairs |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| American Federation Of State, County, And Municipal Employees, Afl-Cio | ** Support | Jun 28, 2016 |
| American GI Forum of California | ** Support | Jun 28, 2016 |
| American Legion - Department of California | * Support | Jun 28, 2016 |
| American Veterans | * Support | Jun 28, 2016 |
| AMVETS - Department of California | * Support | Jun 28, 2016 |
| California Association Of County Veterans Service Officers | ** Support | Jun 28, 2016 |
| California Primary Care Association | ** Support | Jun 28, 2016 |
| League Of California Cities | ** Support | Jun 28, 2016 |
| Military Officer's Association | * Support | Jun 28, 2016 |
| National Association of Social Workers | ** Support | May 12, 2016 |
| National Association of Social Workers- California Chapter | ** Support | Jun 28, 2016 |
| The American Legion Department California | * Support | Jun 28, 2016 |
| Vietnam Veterans of America | * Support | Jun 28, 2016 |
| Vietnam Veterans of American - California State Council | ** Support | Jun 28, 2016 |
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB |
UNFINISHED BUSINESS
Bill No: SB 866
:
SENATE VETERANS AFFAIRS COMMITTEE: 4-0, 4/12/16
AYES: Nielsen, Hueso, Allen, Roth
NO VOTE RECORDED: Nguyen
SENATE APPROPRIATIONS COMMITTEE: 6-0, 5/9/16
AYES: Lara, Beall, Hill, McGuire, Mendoza, Nielsen
NO VOTE RECORDED: Bates
SENATE FLOOR: 38-0, 5/12/16
AYES: Allen, Anderson, Bates, Beall, Berryhill, Block, Cannella, De León, Fuller, Gaines, Galgiani, Glazer, Hall, Hancock, Hernandez, Hertzberg, Hill, Hueso, Huff, Jackson, Lara, Leno, Leyva, McGuire, Mendoza, Mitchell, Monning, Moorlach, Morrell, Nguyen, Nielsen, Pan, Pavley, Roth, Stone, Vidak, Wieckowski, Wolk
NO VOTE RECORDED: Liu, Runner
ASSEMBLY FLOOR: 78-0, 8/11/16 (Consent) - See last page for vote
DIGEST: This bill authorizes a housing developer or service provider, which provides housing or services under the Veterans Housing and Homeless Prevention Bond Act of 2014 (VHHP), to provide housing or services to veterans and their children in women-only facilities in limited instances, as specified.
Assembly Amendments make one technical change.
Existing law:
- Enacts the VHHP, also known as Proposition 41, which authorizes the issuance of $600 million in general obligation bonds to provide multifamily housing to veterans.
- Requires specified state departments to collaborate in establishing and implementing VHHP housing programs that focus on veterans at risk for homelessness or experiencing temporary or chronic homelessness.
- Requires the departments, to the extent feasible, to prioritize VHHP projects that combine housing and supportive services, including, but not limited to, job training, mental health and drug treatment, case management, care coordination, or physical rehabilitation.
- Prohibits discrimination in housing based on race, color, religion, sex, sexual orientation, marital status, national origin/ancestry, familial status (households with children under age 18), source of income, disability, and age.
This bill:
- Establishes the “Veterans Housing and Homeless Prevention Act of 2016: Proposition 41 Expenditures: Military Sexual Trauma.”
- Defines, for specified purposes, “women-only facilities” as those that may house and provide services to female veterans only and their children, and shall not house or provide services to any adult who is not a dependent of a female veteran.
- Provides that a housing developer or service provider – that provides housing or service within the VHHP program – may provide housing or services to female veterans and their children in women-only facilities in limited instances, specifically when a female veteran:
- Has suffered any form of sexual abuse, trauma, intimidation or harassment while in the military and is seeking treatment for that sexual abuse, trauma, or intimidation or harassment, or is seeking the housing or services as a result of being a victim of sexual abuse or domestic violence; or
- Is seeking the housing or services as a result of being a victim of sexual abuse or domestic violence.
- Provides that a housing developer or service provider that provides housing or services to female veterans in women-only facilities shall ensure that the housing or services shall provide supportive housing or services with a focus on, among others, treating the effects of military sexual abuse, trauma, or intimidation in a gender-specific manner.
- Makes legislative findings and declarations:
- The significant number of women veterans, as a percentage of all veterans, and as California’s share of the nation’s total population of women veterans.
- The statistical percentage of women veterans who have experienced military sexual trauma (MST).
- The life-changing consequences of MST on victims, including, for example, the increased risks post-traumatic stress disorder (PTSD) of becoming homeless following separation from the military.
- The need to ensure that women veterans, particularly those who have suffered MST and its negative consequences, receive women-centered treatment, which has been demonstrated to be “the most important factor contributing to their comfort” with federal veterans’ benefit services.
- Providing gender-specific treatment and housing, pursuant to this act:
- Serves a compelling state interest, which interest is providing the best possible treatment to female veterans, who have served our country and who now face additional hurdles that disproportionately affect female veterans over male veterans.
- Is substantially related to the achievement of those objectives.
Background
Veterans Housing and Homelessness Prevention Program. In November 2014, voters approved the VHHP Bond Act of 2014, also known as Proposition 41, which authorized the issuance of $600 million under AB 639.
The VHHP Program requires the Department of Housing and Community Development, Department of Veterans Affairs, and California Housing Finance Agency to establish and implement a program that focuses on veterans at risk of homelessness or experiencing temporary or chronic homelessness. This program will fund the acquisition, construction, rehabilitation, and preservation of affordable multifamily supportive housing, affordable transitional housing, affordable rental housing, or related facilities for veterans and their families to allow veterans to access and maintain housing stability.
Women Veterans. A recent report by the federal Government Accountability Office found that women veterans identifying themselves as homeless more than doubled, increasing by more than 140% from 2006 to 2010. During the same time frame, there was a 45% increase in homelessness for male veterans.
According to recently published research (March 2016) by the California Women’s Law Center: Women veterans are deterred from seeking veteran-only housing or are effectively being denied equal opportunity to use and enjoy such facilities because of conditions such as MST-related PTSD. These disabilities are exacerbated when women veterans who suffered MST are required to live in an environment that triggers their experience of being in the male-dominated military where they were assaulted or harassed. Women veterans have legitimate concerns about their mental and physical well-being living in such facilities because veteran-only housing providers fail to make gender-specific accommodations for MST-related disabilities.
Related/Prior Legislation
SB 384 (Leyva, 2016), in order to help meet the specific housing needs of underserved veterans, sets aside a percentage of any state funds being used to acquire, construct, rehabilitate or preserve multifamily housing units for underserved veterans. (Pending in Assembly Appropriations.)
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
According to the Assembly Appropriations Committee, this bill has no significant state fiscal impact.
American GI Forum of California
American Legion – Department of California
AMVETS – Department of California
California Association of County Veterans Service Officers
League of California Cities
National Association of Social Workers
Vietnam Veterans of American – California State Council
OPPOSITION: (Verified 8/11/16)
None received
ASSEMBLY FLOOR: 78-0, 8/11/16
AYES: Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Rendon
NO VOTE RECORDED: Roger Hernández, Low
8/12/16 13:23:57
**** END ****
Date of Hearing: August 3, 2016
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez, Chair
SBPCA Bill Id:SB 866
Author:(Roth) – As Amended Ver:June 16, 2016
Policy Committee: | Housing and Community Development | Vote: | 6 - 0 |
Veterans Affairs | 7 - 0 |
Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY: This bill authorizes a housing developer or service provider that provides housing or services under the Veterans Housing and Homeless Prevention Bond Act of 2014 (VHHP), to provide housing or services to veterans and their children in women-only facilities in limited instances, as specified. Specifically, this bill:
- Establishes the “Veterans Housing and Homeless Prevention Act of 2016: Proposition 41 Expenditures: Military Sexual Trauma (MST).”
- Defines, for specified purposes, “women-only facilities” as those that may house and provide services to female veterans only and their children, and may not house or provide services to any adult who is not a dependent of a female veteran.
- Provides that a housing developer or service provider may provide housing or services to female veterans and their children in women-only facilities in limited instances, specifically when a female veteran:
- Has suffered any form of sexual abuse, trauma, or intimidation or harassment while serving in the military and is seeking treatment for that sexual abuse, trauma, or intimidation or harassment; or
- Is seeking the housing or services as a result of being a victim of sexual abuse or domestic violence.
- Provides that a housing developer or service provider that provides housing or services to female veterans in women-only facilities must provide supportive housing or services with a focus on, among others, treating the effects of military sexual abuse, trauma, or intimidation in a gender-specific manner.
FISCAL EFFECT:
No significant state fiscal impact.
COMMENTS:
- Purpose. According to the author, "Women who were assaulted, raped, or sexually harassed during their service suffer from the effects of MST for years in the form of psychological, physical, and social problems. This is because MST victims have been found to suffer different and more severe mental health symptoms than civilian women who have been sexually assaulted. The United States Department of [Veterans Administration] VA has reported that approximately 1 in 4 female veterans report experiencing MST. After their service, female veterans continue to be at risk, with a rate of sexual assault that is 12 times higher than that for the general civilian female population. Making up only 4% of the Veteran Population, female veterans often report feeling intimidated in predominantly male facilities, where sexual assaults remain to be all too common. This concern for their own safety often leads women, especially those who have suffered from MST, to be deterred from accessing the housing and supportive services they need and deserve."
This bill seeks to ensure that female veterans are protected from the unintended but very real discrimination that results from the nature of male-centric veteran programs. While supporting equal rights for men and women under the law, this bill will ensure the laws meant to protect women now do not prevent the state from providing much needed and focused care to female veterans who are victims of MST.
- Background. AB 639 (Perez), Chapter 727, Statutes of 2013, established the VHHP, an initiative enacted by the voters as Proposition 41 at the 2014 primary election. The VHHP restructures $600 million of the $900 million in bonds approved by the voters for the CalVet Home Loan Program in 2008 and uses them instead to fund the acquisition, construction, rehabilitation, and preservation of affordable multifamily supportive housing, affordable multifamily transitional housing, or related facilities for veterans and their families.
The VHHP tasks the Department of Housing and Community Development (HCD) with administering the new funding program in collaboration with CalVet and explicitly restricts the use of bond proceeds to those housing units designated for veterans and their families. The focus of the program is on housing for veterans who are homeless or at risk for homelessness and in need of services such as mental health counseling, substance abuse treatment, job training, and physical therapy to address injuries.
According to HCD, the VHHP program already allows requests for funding women-only housing for applicants housing veterans with specific needs, if the applicant can demonstrate that such a restriction does not violate fair housing law that prohibits discrimination on the basis of gender. However, concerns exist that existing anti-discrimination law may hinder the ability to deliver women-centric housing and services under the VHHP program.
- Related Legislation. SB 384 (Leyva) also before this Committee today, requires, on or after January 1, 2017, that a percentage of state funds under the VHHP be reserved for underserved veterans.
Analysis Prepared by: Jennifer Swenson / APPR. / (916) 319-2081
Date of Hearing: June 28, 2016
ASSEMBLY COMMITTEE ON VETERANS AFFAIRS
Jacqui Irwin, Chair
SBPCA Bill Id:SB 866
Author:(Roth) – As Amended Ver:June 16, 2016
SENATE VOTE: 38-0
SUBJECT: Veterans housing
SUMMARY: Authorizes a housing developer or service provider that provides housing or services under the Veterans Housing and Homeless Prevention Bond Act of 2014 (VHHP), to provide housing or services to veterans and their children in women-only facilities in limited instances, as specified. Specifically, this bill:
- Establishes the “Veterans Housing and Homeless Prevention Act of 2016: Proposition 41 Expenditures: Military Sexual Trauma.”
- Defines, for specified purposes, “women-only facilities” as those that may house and provide services to female veterans only and their children, and shall not house or provide services to any adult who is not a dependent of a female veteran.
- Provides that a housing developer or service provider may provide housing or services to female veterans and their children in women-only facilities in limited instances, specifically when a female veteran:
- Has suffered any form of sexual abuse, trauma, or intimidation or harassment while serving in the military and is seeking treatment for that sexual abuse, trauma, or intimidation or harassment; or
- Is seeking the housing or services as a result of being a victim of sexual abuse or domestic violence.
- Provides that a housing developer or service provider that provides housing or services to female veterans in women-only facilities shall ensure that the housing or services shall provide supportive housing or services with a focus on, among others, treating the effects of military sexual abuse, trauma, or intimidation in a gender-specific manner.
- Makes legislative findings and declarations:
- The significant number of women veterans, as a percentage of all veterans, and also as California’s share of the nation’s total population of women veterans.
- The statistical percentage of women veterans who have experienced military sexual trauma (MST).
- The life-changing consequences of MST on victims, including, for example, the increased risks of post-traumatic stress disorder (PTSD) and of becoming homeless following separation from the military.
- The need to ensure that women veterans, particularly those who have suffered MST and its negative consequences, receive women-centered treatment, which has been demonstrated to be “the most important factor contributing to their comfort” with federal veterans’ benefit services.
- Providing gender-specific treatment and housing, pursuant to this act:
- Serves a compelling state interest, which interest is providing the best possible treatment to female veterans, who have served our country and who now face additional hurdles that disproportionately affect female veterans over male veterans.
- Is substantially related to the achievement of those objectives.
- Recognizes that PTSD is a serious condition and classified as a disability under the federal Americans with Disabilities Act (ADA), the federal Fair Housing Act (FHA), and the California Fair Employment and Housing Act (FEHA). As such, victims of MST-related PTSD have a disability and should be afforded a reasonable accommodation in the form of access to women’s only housing and supportive services for victims of MST.
EXISTING LAW:
- Establishes the VHHP, an initiative measure enacted by the voters as Proposition 41 at the June 3, 2014, primary election, authorizing $600 million in bonds for the acquisition, construction, rehabilitation, and preservation of affordable multifamily supportive housing, affordable multifamily transitional housing, or related facilities for veterans and their families (Military and Veterans Code Section 998.540, et seq.).
- Requires the California Housing Finance Agency (CalHFA), the Department of Housing and Community Development (HCD), and the Department of Veterans Affairs (CalVet), to work collaboratively to carry out the duties and functions of the VHHP (Military and Veterans Code Section 987.002).
- Requires the departments, to the extent feasible, to prioritize VHHP projects that combine housing and supportive services, including, but not limited to, job training, mental health and drug treatment, case management, care coordination, or physical rehabilitation.
- Declares it to be against public policy the practice of discrimination because of race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, or genetic information; and that every person has a civil right to be given the opportunity to seek, obtain, or hold employment and housing without facing discrimination based on these protected classes (Government Code Sections 12920-12921).
- Declares it unlawful, pursuant to FEHA, for any housing accommodation owner to inquire about; make known any preference or limitation as to; discriminate; or harass a person based on the person’s race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, or genetic information (Government Code Section 12955).
- Prohibits, under the Unruh Civil Rights Act, business establishments from discriminating on the basis of sex (including gender), race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, or sexual orientation, and provides civil remedies for violations of its provisions (Civil Code Section 51 et seq.)
FISCAL EFFECT: According to the Senate Committee on Appropriations:
- HCD does not anticipate a significant fiscal impact.
- CalVet estimates negligible costs to implement this bill.
COMMENTS:
There is a great deal of evidence and concern that the needs of women veterans are unique from those of men and that many existing veterans housing opportunities do not meet those needs. It is not clear nor has evidence been presented to this Committee what the reason is for the lack of such projects. However, one issue which repetitively arises is the ambiguous legality of gender segregated housing. It is logical that a developer might not want to embark on a development which has a known critical legal ambiguity and that the developer might choose to develop a project without that issue. This bill seeks to clarify for developers, veterans, and all other stakeholders, under what circumstances gender segregated housing is clearly legal, based on the current case law as well as state and federal code and regulations. Though other challenges may remain to meeting the unique needs of women veterans, this bill would clarify how gender segregated housing could work and present a clearer roadmap for developers and others considering such projects or evaluating them from a state or local government.
The Veterans Housing and Homeless Prevention Act of 2014 was created to expand housing and service options for veterans, cost-effectively leverage public dollars, reduce the number of homeless veterans and the attendant public costs, and place California at the forefront of our nation’s efforts to end veterans' homelessness by 2016. The focus of the VHHP Act is on housing for veterans who are homeless or at risk for homelessness and in need of services such as mental health counseling, substance abuse treatment, job training, and physical therapy to address injuries.
Concerns exist that current anti-discrimination law may hinder the ability to deliver women-centric housing and treatment under the VHHP program. This bill is, in part, an attempt to address those concerns. Neither the administering agencies nor the Department of Fair Employment and Housing have produced legal analyses that clarify specifically where in law the various concerns are generated.
According to the California Women's Law Center:
Veteran-only supportive housing facilities are intended to couple access to medical and social services with permanent housing solutions, serving an essential function in helping veterans who have encountered difficulty adjusting to civilian life get back on their feet. Many veterans are confronted with mental and physical health issues resulting from their military service. For example, many women veterans who were the victims of military sexual trauma (MST) suffer from PTSD and other related disabilities. Supportive housing is intended to serve all veterans and to accommodate and serve veterans with disabilities, among others.
Women veterans, however, are deterred from seeking veteran-only housing or are effectively being denied equal opportunity to use and enjoy such facilities because of conditions such as MST-related PTSD. These disabilities are exacerbated when women veterans who suffered MST are required to live in an environment that triggers their experience of being in the male-dominated military where they were assaulted or harassed. Women veterans have legitimate concerns about their mental and physical well-being living in such facilities because veteran-only housing providers fail to make gender-specific accommodations for MST-related disabilities.
An important tenet of fair housing laws is that policies and practices – even those that are neutral and longstanding – must be modified in certain circumstances to accommodate the needs of residents with disabilities. To accommodate MST-related disabilities, veteran-only housing providers should offer women veterans the option of separate housing.
- At existing facilities, policies should be modified to permit women to be housed together on separate floors, or in separate wings or buildings.
- Housing developers seeking Prop 41 funds to develop new facilities should not be granted access to such funds unless they commit to providing appropriate health and safety accommodations for women veterans, including the option of separate housing.
The refusal of veteran-only permanent housing providers to make reasonable gender-specific safety and residential accommodations for MST- related disabilities constitutes discrimination under the fair housing laws. Providing such reasonable accommodations, including separate housing for women veterans, responds to bona fide disability-based needs and, therefore, does not offend other nondiscrimination provisions of those laws.
The option of separate housing at both existing and new veteran-only housing facilities would help provide women veterans with MST-related disabilities equal opportunity to use and enjoy those facilities. And when coupled with additional security measures that address safety concerns more generally, housing providers may meet their obligation to provide safe housing to all veterans.
According to the author:
SB 866 declares that providing gender-specific treatment and housing to veterans who are victims of military sexual trauma is a compelling state interest. As such, this bill would allow a housing developer or service provider to apply for Proposition 41 bond money with the intention of building a gender specific community that provides supportive services to treat MST. SB 866 will be narrowly tailored to ensure that gender specific treatment can be provided without violating gender discrimination housing laws.
REGISTERED SUPPORT / OPPOSITION:
Support
American Federation of State, County, and Municipal Employees, AFL-CIO
American GI Forum of California
American Legion – Department of California
AMVETS – Department of California
California Association of County Veterans Service Officers
National Association of Social Workers- California Chapter
Vietnam Veterans of American – California State Council
Opposition
None on File.
Analysis Prepared by: John Spangler / V.A. / (916) 319-3550
Date of Hearing: June 15, 2016
ASSEMBLY COMMITTEE ON HOUSING AND COMMUNITY DEVELOPMENT
David Chiu, Chair
SBPCA Bill Id:SB 866
Author:(Roth) – As Amended Ver:March 14, 2016
SENATE VOTE: 38-0
SUBJECT: Veterans housing
SUMMARY: Authorizes a housing developer or service provider that receives bond moneys under the Veterans Housing and Homeless Prevention Bond Act of 2014 (VHHP), to provide housing or services to veterans and their children in women-only facilities in limited instances, as specified. Specifically, this bill:
- Establishes the “Veterans Housing and Homeless Prevention Act of 2016: Proposition 41 Expenditures: Military Sexual Trauma.”
- Defines, for specified purposes, “women-only facilities” as those that may house and provide services to female veterans only and their children, and shall not house or provide services to any adult who is not a dependent of a female veteran.
- Provides that a housing developer or service provider that receives VHHP bond moneys may provide housing or services to female veterans and their children in women-only facilities in limited instances, specifically when a female veteran:
- Has suffered any form of sexual abuse, trauma, or intimidation or harassment while serving in the military and is seeking treatment for that sexual abuse, trauma, or intimidation or harassment; or
- Is seeking the housing or services as a result of being a victim of sexual abuse or domestic violence.
- Provides that a housing developer or service provider that provides housing or services to female veterans in women-only facilities shall ensure that the housing or services shall provide supportive housing or services with a focus on, among others, treating the effects of military sexual abuse, trauma, or intimidation in a gender-specific manner.
- Makes legislative findings and declarations:
- The significant number of women veterans, as a percentage of all veterans, and also as California’s share of the nation’s total population of women veterans.
- The statistical percentage of women veterans who have experienced military sexual trauma (MST).
- The life-changing consequences of MST on victims, including, for example, the increased risks of post-traumatic stress disorder (PTSD) and of becoming homeless following separation from the military.
- The need to ensure that women veterans, particularly those who have suffered MST and its negative consequences, receive women-centered treatment, which has been demonstrated to be “the most important factor contributing to their comfort” with federal veterans’ benefit services.
- Providing gender-specific treatment and housing, pursuant to this act:
- Serves a compelling state interest, which interest is providing the best possible treatment to female veterans, who have served our country and who now face additional hurdles that disproportionately affect female veterans over male veterans.
- Is substantially related to the achievement of those objectives.
- Recognizes that PTSD is a serious condition and classified as a disability under the federal Americans with Disabilities Act (ADA), the federal Fair Housing Act (FHA), and the California Fair Employment and Housing Act (FEHA). As such, victims of MST-related PTSD have a disability and should be afforded a reasonable accommodation in the form of access to women’s only housing and supportive services for victims of MST.
EXISTING LAW:
- Establishes the VHHP, an initiative measure enacted by the voters as Proposition 41 at the June 3, 2014, primary election, authorizing $600 million in bonds for the acquisition, construction, rehabilitation, and preservation of affordable multifamily supportive housing, affordable multifamily transitional housing, or related facilities for veterans and their families (Military and Veterans Code Section 998.540, et seq.).
- Requires the California Housing Finance Agency (CalHFA), the Department of Housing and Community Development (HCD), and the Department of Veterans Affairs (CalVet), to work collaboratively to carry out the duties and functions of the VHHP (Military and Veterans Code Section 987.002).
- Requires the departments, to the extent feasible, to prioritize VHHP projects that combine housing and supportive services, including, but not limited to, job training, mental health and drug treatment, case management, care coordination, or physical rehabilitation.
- Declares it to be against public policy the practice of discrimination because of race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, or genetic information; and that every person has a civil right to be given the opportunity to seek, obtain, or hold employment and housing without facing discrimination based on these protected classes (Government Code Sections 12920-12921).
- Declares it unlawful, pursuant to FEHA, for any housing accommodation owner to inquire about; make known any preference or limitation as to; discriminate; or harass a person based on the person’s race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, or genetic information (Government Code Section 12955).
- Prohibits, under the Unruh Civil Rights Act, business establishments from discriminating on the basis of sex (including gender), race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, or sexual orientation, and provides civil remedies for violations of its provisions (Civil Code Section 51 et seq.).
FISCAL EFFECT: According to the Senate Committee on Appropriations:
- HCD does not anticipate a significant fiscal impact.
- CalVet estimates negligible costs to implement this bill.
COMMENTS:
The VHHP: AB 639 (Perez), Chapter 727, Statutes of 2013, established the VHHP, an initiative enacted by the voters as Proposition 41 at the June 3, 2014 primary election. The VHHP restructures $600 million of the $900 million in bonds approved by the voters for the CalVet Home Loan Program in 2008 and uses them instead to fund the acquisition, construction, rehabilitation, and preservation of affordable multifamily supportive housing, affordable multifamily transitional housing, or related facilities for veterans and their families.
The VHHP tasks HCD with administering the new funding program in collaboration with CalVet and explicitly restricts the use of bond proceeds to those housing units designated for veterans and their families. The focus of the program is on housing for veterans who are homeless or at risk for homelessness and in need of services such as mental health counseling, substance abuse treatment, job training, and physical therapy to address injuries.
According to HCD, the VHHP program already allows requests for funding women-only housing for applicants housing veterans with specific needs, if the applicant can demonstrate that such a restriction does not violate fair housing law that prohibits discrimination on the basis of gender. However, concerns exist that existing anti-discrimination law may hinder the ability to deliver women-centric housing and services under the VHHP program.
Women-only veterans housing as a reasonable accommodation: In a recent white paper (“Women Veterans Must Have Equal Access to Veteran-Only Permanent Housing Facilities under the Fair Housing Laws,” March 2016), the Women’s Law Center contends that women veterans are deterred from seeking veteran-only housing because of conditions such as MST-related PTSD. A significant number of female veterans have suffered MST, and "their sexual trauma has left them with PTSD, depression or other psychological disabilities that are exacerbated when they are surrounded by men." Mental and emotional illnesses, such as PTSD, qualify as disabilities under federal and state law. The Women's Law Center contends that the failure to reasonably accommodate MST-related disabilities is unlawful housing discrimination, and separate housing is a reasonable and necessary accommodation for MST-related disabilities.
Need for this bill: According to the author,
"Women who were assaulted, raped, or sexually harassed during their service suffer from the effects of MST for years in the form of psychological, physical, and social problems. This is because MST victims have been found to suffer different and more severe mental health symptoms than civilian women who have been sexually assaulted. The VA has reported that approximately 1 in 4 female veterans report experiencing MST. After their service, female veterans continue to be at risk, with a rate of sexual assault that is 12 times higher than that for the general civilian female population. Making up only 4% of the Veteran Population, female veterans often report feeling intimidated in predominantly male facilities, where sexual assaults remain to be all too common. This concern for their own safety often leads women, especially those who have suffered from MST, to be deterred from accessing the housing and supportive services they need and deserve.
"MST victims are nine times more likely to exhibit PTSD symptoms than those who have not been sexually assaulted. Symptoms become exacerbated when female veterans who suffered MST live in an environment that triggers their experience in the male-dominated military where they were assaulted or harassed. Female veterans have legitimate concerns about their mental and physical well-being living in such facilities because veteran-only housing providers often fail to make gender-specific accommodations for female veterans with MST. When available, female veterans have reported that women centered treatment was the most important factor contributing to their comfort with VA services. California must ensure that women centered treatment is available under the housing built with Proposition 41 bonds.
"Currently, there is concern that issuing bonds to applicants who plan to include gender specific housing as part of their application would be a gender based discrimination that may violate the federal FHA, the California FEHA, as well as state and federal equal protection laws. Under California law, gender is a suspect classification, meaning that in order for the government to administer a program differently on the basis of gender, a compelling interest must justify the classification and the impact of the classification must be limited as narrowly as possible consistent with its proper purpose.
"California is only one of a handful of states that treat gender discrimination with this higher standard, showing how important California deems gender equality issues. SB 866 seeks to ensure that we protect female veterans from the unintended but very real discrimination that results from the nature of male-centric veteran programs. While supporting equal rights for men and women under the law, SB 866 will ensure the laws meant to protect women now do not prevent the state from providing much needed and focused care to female veterans who are victims of MST."
Related Legislation:
SB 384 (Leyva, 2015): Would require, on or after January 1, 2017, that a percentage of state funds under the VHHP be reserved for underserved veterans. SB 384 is pending in the Assembly Veterans Affairs Committee.
AB 639 (Chapter 727, Statutes of 2013): Established the VHHP, an initiative measure enacted by the voters as Proposition 41 at the June 3, 2014, primary election, authorizing $600 million in bonds for the acquisition, construction, rehabilitation, and preservation of affordable multifamily supportive housing, affordable multifamily transitional housing, or related facilities for veterans and their families.
Double-referred: SB 866 was also referred to the Committee on Veterans Affairs, where it will be heard should it pass out of this committee
Committee Amendment: Service providers are not permitted to use VHHP bond moneys for providing services. The Committee may wish to consider the following amendment to clarify this issue:
On page 3, in line 10, strike out "receives bond money" and insert:
provides housing or services
REGISTERED SUPPORT / OPPOSITION:
Support
American GI Forum of California
American Legion – Department of California
AMVETS – Department of California
California Association of County Veterans Service Officers
California Primary Care Association
League of California Cities
National Association of Social Workers- California Chapter
Vietnam Veterans of American – California State Council
Opposition
None received
Analysis Prepared by: Rebecca Rabovsky / H. & C.D. / (961) 319-2085
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB |
THIRD READING
Bill No: SB 866
:
SENATE VETERANS AFFAIRS COMMITTEE: 4-0, 4/12/16
AYES: Nielsen, Hueso, Allen, Roth
NO VOTE RECORDED: Nguyen
SENATE APPROPRIATIONS COMMITTEE: 6-0, 5/9/16
AYES: Lara, Beall, Hill, McGuire, Mendoza, Nielsen
NO VOTE RECORDED: Bates
DIGEST: This bill authorizes a housing developer or service provider that receives bond moneys under the Veterans Housing and Homeless Prevention Bond Act of 2014 (VHHP), to provide housing or services to veterans and their children in women-only facilities in limited instances, as specified.
Existing law:
- Enacts the VHHP, also known as Proposition 41, which authorizes the issuance of $600 million in general obligation bonds to provide multifamily housing to veterans pursuant to the VHHP.
- Requires specified state departments to collaborate in establishing and implementing VHHP housing programs that focus on veterans at risk for homelessness or experiencing temporary or chronic homelessness. (Department of Housing and Community (HCD), Department of Veterans Affairs (CalVet, California Housing Finance Agency (CalHFA))
- Requires the departments, to the extent feasible, to prioritize VHHP projects that combine housing and supportive services, including, but not limited to, job training, mental health and drug treatment, case management, care coordination, or physical rehabilitation.
- Prohibits discrimination in housing based on race, color, religion, sex, sexual orientation, marital status, national origin/ancestry, familial status (households with children under age 18), source of income, disability, and age.
This bill:
- Establishes the “Veterans Housing and Homeless Prevention Act of 2016: Proposition 41 Expenditures: Military Sexual Trauma.”
- Defines, for specified purposes, “women-only facilities” as those that may house and provide services to female veterans only and their children, and shall not house or provide services to any adult who is not a dependent of a female veteran.
- Provides that a housing developer or service provider – that receives VHHP bond moneys – may provide housing or services to female veterans and their children in women-only facilities in limited instances, specifically when a female veteran:
- Has suffered any form of sexual abuse, trauma, or intimidation or harassment while serving in the military and is seeking treatment for that sexual abuse, trauma, or intimidation or harassment, or (B) is seeking the housing or services as a result of being a victim of sexual abuse or domestic violence; or
- Is seeking the housing or services as a result of being a victim of sexual abuse or domestic violence.
- Provides that a housing developer or service provider that provides housing or services to female veterans in women-only facilities pursuant to paragraph (1) shall ensure that the housing or services shall provide supportive housing or services with a focus on, among others, treating the effects of military sexual abuse, trauma, or intimidation in a gender-specific manner.
- Makes legislative findings and declarations:
- The significant number of women veterans, as a percentage of all veterans, and also as California’s share of the nation’s total population of women veterans.
- The statistical percentage of women veterans who have experienced military sexual trauma (MST).
- The life-changing consequences of MST on victims, including, for example, the increased risks post-traumatic stress disorder (PTSD) of becoming homeless following separation from the military.
- The need to ensure that women veterans, particularly those who have suffered MST and its negative consequences, receive women-centered treatment, which has been demonstrated to be “the most important factor contributing to their comfort” with federal veterans’ benefit services.
- Providing gender-specific treatment and housing, pursuant to this act:
- Serves a compelling state interest, which interest is providing the best possible treatment to female veterans, who have served our country and who now face additional hurdles that disproportionately affect female veterans over male veterans.
- Is substantially related to the achievement of those objectives.
Background
Veterans Housing and Homelessness Prevention Program. In November 2014, voters approved the VHHP Bond Act of 2014, also known as Proposition 41, which authorized the issuance of $600 million under AB 639 (J. Perez, Chapter 727, Statutes of 2013).
The VHHP Program requires CalHFA, HCD, and CalVet to establish and implement a program that focuses on veterans at risk of homelessness or experiencing temporary or chronic homelessness. This program will fund the acquisition, construction, rehabilitation, and preservation of affordable multifamily supportive housing, affordable transitional housing, affordable rental housing, or related facilities for veterans and their families to allow veterans to access and maintain housing stability.
More specifically, the program is intended to:
- Leverage public, private, and nonprofit funding sources;
- Prioritize projects that combine housing and supportive services, including but not limited to: job training, mental health, drug treatment, case management, care coordination, or physical rehabilitation; and
- Ensure that program guidelines and terms provide requirements or scoring criteria to advance applicants with that combine permanent or transitional housing, or both, with supportive services for veterans, or for partnering with housing developers or service providers that offer housing or services to veterans.
Unique Needs of Women Veterans. A recent report by the federal Government Accountability Office found that women veterans identifying themselves as homeless more than doubled, increasing by more than 140% from 2006 to 2010. During the same time frame, there was a 45% increase in homelessness for male veterans.
For female veterans, especially those who have suffered from military sexual trauma, living in a housing facility that houses mainly men poses serious safety and health risks. Women do not feel comfortable or safe in these facilities. Most (about 60%) of transitional housing facilities do not allow young children. This limitation, combined with the safety risks of living in male dominated facilities, makes finding housing for female veterans with children nearly impossible. SB 384 seeks to eliminate some of these barriers by ensuring that funding is available for housing for underserved veterans — allowing construction of facilities that serve this vulnerable population.
In a recent white paper (“Women Veterans Must Have Equal Access to Veteran-Only Permanent Housing Facilities under the Fair Housing Laws,” March 2016), the California Women’s Law Center stated:
“Veteran-only supportive housing facilities are intended to couple access to medical and social services with permanent housing solutions, serving an essential function in helping veterans who have encountered difficulty adjusting to civilian life get back on their feet. Many veterans are confronted with mental and physical health issues resulting from their military service. For example, many women veterans who were the victims of military sexual trauma (MST) suffer from PTSD and other related disabilities. Supportive housing is intended to serve all veterans and to accommodate and serve veterans with disabilities, among others.
Women veterans, however, are deterred from seeking veteran-only housing or are effectively being denied equal opportunity to use and enjoy such facilities because of conditions such as MST-related PTSD. These disabilities are exacerbated when women veterans who suffered MST are required to live in an environment that triggers their experience of being in the male-dominated military where they were assaulted or harassed. Women veterans have legitimate concerns about their mental and physical well-being living in such facilities because veteran-only housing providers fail to make gender-specific accommodations for MST-related disabilities.”
Related/Prior Legislation
SB 384 (Leyva, 2016) in order to help meet the specific housing needs of underserved veterans, sets aside a percentage of any state funds being used to acquire, construct, rehabilitate or preserve multifamily housing units for underserved veterans. (Pending Assembly Veterans Affairs)
AB 639 (J. Pérez, Chapter 727, Statutes of 2013), authorized issuance of $600 million in general obligation (GO) bonds to fund the acquisition, construction, rehabilitation, and preservation of multifamily supportive housing, affordable transitional housing, affordable rental housing, and related facilities for veterans and their families, and was approved by the voters at the June, 2014, statewide election.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
According to the Senate Appropriations Committee:
- The HCD does not anticipate a significant fiscal impact.
- The CalVet estimates negligible costs to implement this bill.
American GI Forum of California
American Legion – Department of California
AMVETS – Department of California
California Association of County Veterans Service Officers
League of California Cities
National Association of Social Workers
Vietnam Veterans of American – California State Council
OPPOSITION: (Verified 5/10/16)
None received
5/11/16 15:12:38
**** END ****
SENATE COMMITTEE ON
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
SB 866 (Roth) - Veterans housing
Version: | Policy Vote: |
Urgency: | Mandate: |
Hearing Date: | Consultant: |
This bill does not meet the criteria for referral to the Suspense File.
Bill Summary:
This bill authorizes a housing developer or service provider that receives bond moneys under the Veterans Housing and Homeless Prevention Bond Act of 2014 (VHHP) to provide housing or services to female veterans and their children in women-only facilities in limited instances, as specified.
Fiscal Impact:
- The Department of Housing and Community does not anticipate a significant fiscal impact.
- The Department of Veterans Affairs (CalVet) estimates negligible costs to implement this bill.
Background:
In November 2014, voters approved the VHHP Bond Act, also known as Proposition 41, which authorized the issuance of $600 million in general obligation bonds to provide multifamily housing to veterans. The program will fund the acquisition, construction, rehabilitation, and preservation of affordable multifamily supportive housing, affordable transitional housing, affordable rental housing, or related facilities for veterans and their families to allow veterans to access and maintain housing stability.
The law requires the Department of Housing and Community, Department of Veterans Affairs, and the California Housing Finance Agency to collaborate in establishing and implementing VHHP housing programs that focus on veterans at risk for homelessness or experiencing temporary or chronic homelessness. These departments are, to the extent feasible, to prioritize VHHP projects that combine housing and supportive services including, but not limited to, job training, mental health and drug treatment, case management, care coordination, or physical rehabilitation.
A recent report by the federal Government Accountability Office found that women veterans identifying themselves as homeless more than doubled, increasing by more than 140 percent from 2006 to 2010. During the same time, there was a 45 percent increase in homelessness for male veterans.
According to the author, the VA has reported that approximately 1 in 4 female veterans report experiences military sexual trauma (MST). Concern for their own safety often leads women, especially those who have suffered from MST, to be deterred from accessing the housing and supportive services they need and deserve. California must ensure that women-centered treatment is available under the housing built with Proposition 41 bonds.
Existing law prohibits discrimination in housing based on race, color, religion, sex, sexual orientation, marital status, national origin/ancestry, familial status, source of income, disability, and age. This law may hinder the ability to deliver women-centric housing and treatment under the VHHP program.
Proposed Law:
This bill authorizes a housing developer or service provider that receives bond moneys under the VHHP to provide housing or services to female veterans and their children in women-only facilities in limited instances in which a female veteran has either (1) suffered any form of sexual abuse, trauma, or intimidation or harassment while serving in the military and is seeking treatment for that sexual abuse, trauma, or intimidation or harassment, or (2) is seeking the housing or services as a result of being a victim of sexual abuse or domestic violence.
Housing or services provided, as described above, are required to have a focus on treating the effects of military sexual trauma, or intimidation in a gender-specific manner.
Related Legislation:
SB 384 (Leyva, 2015) in order to help meet the specific housing needs of underserved veterans, sets aside a percentage of any funds being used to acquire, construct, rehabilitate, or preserve multifamily housing units for underserved veterans. SB 384 is pending in the Assembly Veterans Affairs Committee.
AB 639 (Chapter 727, Statutes of 2013) authorizes issuance of $600 million in general obligation bonds to fund the acquisition, construction, rehabilitation, and preservation of multifamily supportive housing, affordable transitional housing, affordable rental housing, and related facilities for veterans and their families, if approved by voters.
Staff Comments:
According to the Department of Housing and Community, the VHHP program already allows and accommodates requests for funding women-only housing for applicants housing veterans with specific needs, if the applicant can demonstrate that such a restriction does not violate fair housing law that prohibits discrimination on the basis of gender.
This bill is, in part, an attempt to address the concerns that existing anti-discrimination law may hinder the ability to deliver women-centric housing and treatment under the VHHP program by authorizing the existence of these types of homes in limited instances. The Women’s Law Center argues military sexual trauma victims who suffer from post-traumatic stress disorder, depression, and other mental health illness qualify as “disabled” under the fair housing laws and are entitled to their protections. However, to the extent an application for women-only facilities is submitted, the Department of Housing and Community would likely conduct a review by legal staff to ensure compliance with fair housing laws, which is consistent with current practice without the enactment of this bill. Therefore, it is unlikely that this bill would result in significant workload to the department that is beyond what already exists under current law. The department indicates that no funding requests for women-only housing have been received out of the 45 projects awarded to date. These projects comprise of 3,345 rental housing units, of which over 1,500 are VHHP units.
-- END --
SENATE COMMITTEE ON
Senator Jim Nielsen, Chair
2015 - 2016 Regular
Bill No: Hearing Date: 4/12/16
Author: | Roth | ||
Version: |
| ||
Urgency: | Fiscal: | ||
Consultant: | |||
Subject:
DESCRIPTION
Summary:
Authorizes a housing developer or service provider that receives bond moneys under the Veterans Housing and Homeless Prevention Bond Act of 2014 (VHHP), to provide housing or services to veterans and their children in women-only facilities in limited instances, as specified.
Existing law:
- Enacts the VHHP, also known as Proposition 41, which authorized the issuance of $600 million in general obligation bonds to provide multifamily housing to veterans pursuant to the VHHP.
- Requires specified state departments to collaborate in establishing and implementing VHHP housing programs that focus on veterans at risk for homelessness or experiencing temporary or chronic homelessness. (Department of Housing and Community-HCD, Department of Veterans Affairs-CalVet, California Housing Finance Agency-CalHFA)
- Requires the departments, to the extent feasible, to prioritize VHHP projects that combine housing and supportive services, including, but not limited to, job training, mental health and drug treatment, case management, care coordination, or physical rehabilitation.
- Prohibits discrimination in housing based on race, color, religion, sex, sexual orientation, marital status, national origin/ancestry, familial status (households with children under age 18), source of income, disability, and age.
This bill:
- Establishes the “Veterans Housing and Homeless Prevention Act of 2016: Proposition 41 Expenditures: Military Sexual Trauma.”
- For specified purposes, defines “women-only facilities” as those that may house and provide services to female veterans only and their children, and shall not house or provide services to any adult who is not a dependent of a female veteran.
- Provides that a housing developer or service provider – that receives VHHP bond moneys – may provide housing or services to female veterans and their children in women-only facilities in limited instances, specifically when a female veteran:
- Has suffered any form of sexual abuse, trauma, or intimidation or harassment while serving in the military and is seeking treatment for that sexual abuse, trauma, or intimidation or harassment, or (B) is seeking the housing or services as a result of being a victim of sexual abuse or domestic violence; or
- Is seeking the housing or services as a result of being a victim of sexual abuse or domestic violence.
- Provides that a housing developer or service provider that provides housing or services to female veterans in women-only facilities pursuant to paragraph (1) shall ensure that the housing or services shall provide supportive housing or services with a focus on, among others, treating the effects of military sexual abuse, trauma, or intimidation in a gender-specific manner.
- Makes legislative findings and declarations:
- The significant number of women veterans, as a percentage of all veterans, and also as California’s share of the nation’s total population of women veterans.
- The statistical percentage of women veterans who have experienced military sexual trauma (MST).
- The life-changing consequences of MST on victims, including, for example, the increased risks post-traumatic stress disorder (PTSD) of becoming homeless following separation from the military.
- The need to ensure that women veterans, particularly those who have suffered MST and its negative consequences, receive women-centered treatment, which has been demonstrated to be “the most important factor contributing to their comfort” with federal veterans’ benefit services.
- Providing gender-specific treatment and housing, pursuant to this act:
- Serves a compelling state interest, which interest is providing the best possible treatment to female veterans, who have served our country and who now face additional hurdles that disproportionately affect female veterans over male veterans.
- Is substantially related to the achievement of those objectives.
BACKGROUND
Veterans Housing and Homelessness Prevention Program
According to a federal agency report to the Congress:
- A veteran is 50 percent more likely to be homeless than a nonveteran. Although only eight percent of adults in the United States are veterans, federal surveys suggest that veterans represent up to 16 percent of America’s homeless population.
- According to one major point-in-time survey, on a given night nearly half of homeless veterans were concentrated in just four states: California, Florida, Texas, and New York – even though only 28 percent of all veterans were located in those same four states.
In November 2014, voters approved the VHHP Bond Act of 2014, also known as Proposition 41, which authorized the issuance of $600 million under AB 639.
The VHHP requires CalHFA, HCD, and CalVet to establish and implement a program that focuses on veterans at risk of homelessness or experiencing temporary or chronic homelessness. This program will fund the acquisition, construction, rehabilitation, and preservation of affordable multifamily supportive housing, affordable transitional housing, affordable rental housing, or related facilities for veterans and their families to allow veterans to access and maintain housing stability.
More specifically, the Act requires the program to:
- Leverage public, private, and nonprofit funding sources;
- Prioritize projects that combine housing and supportive services, including but not limited to: job training, mental health, drug treatment, case management, care coordination, or physical rehabilitation; and
- Ensure that program guidelines and terms provide requirements or scoring criteria to advance applicants with that combine permanent or transitional housing, or both, with supportive services for veterans, or for partnering with housing developers or service providers that offer housing or services to veterans.
Unique Needs of Women Veterans
A recent report by the federal Government Accountability Office found that women veterans identifying themselves as homeless more than doubled, increasing by more than 140% from 2006 to 2010. During the same time frame, there was a 45% increase in homelessness for male veterans.
For female veterans, especially those who have suffered from military sexual trauma, living in a housing facility that houses mainly men poses serious safety and health risks. Women do not feel comfortable or safe in these facilities. Most (about 60%) of transitional housing facilities do not allow young children. This limitation, combined with the safety risks of living in male dominated facilities, makes finding housing for female veterans with children nearly impossible. SB 384 seeks to eliminate some of these barriers by ensuring that funding is available for housing for underserved veterans — allowing construction of facilities that serve this vulnerable population.
In a recent white paper (“Women Veterans Must Have Equal Access to Veteran-Only Permanent Housing Facilities under the Fair Housing Laws,” March 2016), the Women’s Law Center stated:
“Veteran-only supportive housing facilities are intended to couple access to medical and social services with permanent housing solutions, serving an essential function in helping veterans who have encountered difficulty adjusting to civilian life get back on their feet. Many veterans are confronted with mental and physical health issues resulting from their military service. For example, many women veterans who were the victims of military sexual trauma (MST) suffer from PTSD and other related disabilities. Supportive housing is intended to serve all veterans and to accommodate and serve veterans with disabilities, among others.
Women veterans, however, are deterred from seeking veteran-only housing or are effectively being denied equal opportunity to use and enjoy such facilities because of conditions such as MST-related PTSD. These disabilities are exacerbated when women veterans who suffered MST are required to live in an environment that triggers their experience of being in the male-dominated military where they were assaulted or harassed. Women veterans have legitimate concerns about their mental and physical well-being living in such facilities because veteran-only housing providers fail to make gender-specific accommodations for MST-related disabilities.”
Equal Opportunity/Anti-Discrimination Law
In November 1996, California voters approved Proposition 209, also known as the “California Civil Rights Initiative,” which prohibits the State from using race and gender conscious decision-making in the areas of public employment, public education, and public contracting or procurement.
The Fair Employment and Housing Act, which includes the California Family Rights Act, prohibits harassment and discrimination in employment on the basis of numerous specified attributes, including sex, gender, gender identity, and gender expression.
Under the Unruh Civil Rights Act, all persons are entitled to full and equal accommodations, advantages, facilities, privileges, or services in all business establishments, including both private and public entities. The Unruh Civil Rights Act protects all persons against arbitrary and unreasonable discrimination by a business establishment.
Some debate has occurred within the women’s and veterans’ advocacy communities that existing anti-discrimination law may hinder the state’s ability to accommodate the needs of women veterans with MST-caused disabilities by permitting veteran-only housing providers to provide the option of separate housing for women veterans.
However, others have opined that the failure of housing providers to grant equal access to veteran-only permanent housing to women veterans, who have incurred disabilities as a result of military sexual trauma, constitutes disability discrimination. The Women’s Law Center says:
Both federal and state law prohibits discrimination in housing, including discrimination based on disability. For example, the federal Fair Housing Act and its amendments (the “FHA”) were enacted to provide for fair housing throughout the United States. The FHA has a broad reach and encompasses the owner, operator and manager of any covered property, as well as those involved in the design or construction of covered housing. The FHA has two important tenets: (1) a mandate not to discriminate and (2) an affirmative duty to accommodate the needs of protected classes to ensure that they have equal access to housing facilities. Specifically, the FHA makes it unlawful “[t]o … make unavailable or deny, a dwelling to any person because of race, color, religion, sex, familial status, or national origin” or “make unavailable or deny, a dwelling to any buyer or renter because of a handicap.” A “handicap,” more commonly referred to as a “disability,” is defined as “a physical or mental impairment which substantially limits one or more of such person’s major life activities.” Mental and emotional illnesses, such as depression and PTSD, qualify as disabilities for purposes of the FHA. Thus, MST victims who suffer from PTSD, depression and other mental health illnesses qualify as “disabled” under the fair housing laws and are entitled to their protections.
The FHA defines discrimination to include the “refusal to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford [a disabled] person equal opportunity to use and enjoy a dwelling.” A reasonable accommodation is one that is necessary to give a resident an equal opportunity to use and enjoy a dwelling. It is “reasonable” when the requested accommodation imposes neither an undue financial or administrative burden on the housing provider, nor causes a fundamental alteration in the housing provider’s business operation. Such accommodation is “necessary” if, without the accommodation, a person will be denied an equal opportunity to use and enjoy the dwelling. And where the accommodations are both reasonable and necessary to ensure equal access, the FHA requires housing providers to cover the costs of these accommodations.
Female veterans with MST-related disabilities do not currently have equal opportunity to use and enjoy veteran-only housing facilities absent the option of separate housing . . . .
The Women’s Law Center argues that “separate housing is a reasonable and necessary accommodation for MST-related disabilities,” noting that “(t)he option of separate housing is a reasonable accommodation because it can be implemented on an individual facility basis and does not necessarily require costly or substantial changes to the housing facility’s operations.”
COMMENT
- Author Comments:
“Women who were assaulted, raped, or sexually harassed during their service suffer from the effects of MST for years in the form of psychological, physical, and social problems. This is because MST victims have been found to suffer different and more severe mental health symptoms than civilian women who have been sexually assaulted. The VA has reported that approximately 1 in 4 female veterans report experiencing MST. This translates to a rate of sexual assault 12 times higher than that for the civilian female population. Making up only 4% of the Veteran Population, female veterans often report feeling intimidated in predominantly male facilities, where sexual assaults remain to be all too common. This concern for their own safety often leads women, especially those who have suffered from MST, to be deterred from accessing the housing and supportive services they need and deserve.
“MST victims are nine times more likely to exhibit PTSD symptoms than those who have not been sexually assaulted. Symptoms become exacerbated when female veterans who suffered MST live in an environment that triggers their experience in the male-dominated military where they were assaulted or harassed. Female veterans have legitimate concerns about their mental and physical well-being living in such facilities because veteran-only housing providers often fail to make gender-specific accommodations for female veterans with MST. When available, female veterans have reported that women centered treatment was the most important factor contributing to their comfort with VA services. California must ensure that women centered treatment is available under the housing built with Proposition 41 bonds.”
- Committee Comments:
Concerns exist that existing anti-discrimination law may hinder the ability to deliver women-centric housing and treatment under the VHHP program. This bill is, in part, an attempt to address those concerns. Neither the administering agencies nor the Department of Fair Employment and Housing have produced legal analyses that clarify specifically where in law the various concerns are generated.
- What, if any, is the relevance of the California Constitution (Article 1, § 31), which states, in part:
“The State shall not discriminate against, or grant preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin in the operation of public employment, public education, or public contracting.
And also states:
“Nothing in this section shall be interpreted as prohibiting bona fide qualifications based on sex which are reasonably necessary to the normal operation of public employment, public education, or public contracting.”
- Does the VHHP Program constitute a form of public contracting?
- Do the gender-specific health needs of disabled women veterans, who are MST victims, constitute a bona fide qualification based on sex that may justify gender-specific, disability-related policy responses, including housing segregated by gender, by the State?
- How do evolving legal definitions of gender identity and gender expression factor into this bill’s policy concerns?
- Do the concerns represent a potential conflict between (i) a requirement to prohibit gender discrimination and (ii) a requirement to act affirmatively and without resource discrimination in meeting the needs of disabled persons? If so, are there any relevant precedents that may help devise a balancing test?
- Related Legislation
SB 384 (Leyva, pending Assembly, 2015) in order to help meet the specific housing needs of underserved veterans, sets aside a percentage of any state funds being used to acquire, construct, rehabilitate or preserve multifamily housing units for underserved veterans.
AB 639 (J. Pérez, Ch. 727, Stats. 2013), authorizes issuance of $600 million in general obligation (GO) bonds to fund the acquisition, construction, rehabilitation, and preservation of multifamily supportive housing, affordable transitional housing, affordable rental housing, and related facilities for veterans and their families, if approved by the voters at the June, 2014, statewide election. (As Proposition 41, the measure was approved by the voters 65.4% to 34.6 %.)
POSITIONS
Sponsor: Author
Support: National Association of Social Workers
Oppose: None received
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Discussed in Hearing
3MIN
Assembly Standing Committee on Veterans Affairs
4MIN
Senate Floor
2MIN
Senate Standing Committee on Appropriations
5MIN
Senate Standing Committee on Veterans Affairs
Bill Author
Bill Co-Author(s):