BILL ANALYSIS
SENATE JUDICIARY COMMITTEE
Martha M. Escutia, Chair
2001-2002 Regular Session
AB 2972 A
Assembly Member Aroner B
As Amended June 19, 2002
Hearing Date: June 25, 2002 2
Government Code; Health and Safety Code 9
GMO:cjt 7
2
SUBJECT
Discrimination: Housing for Homeless Youth
DESCRIPTION
This bill would exempt housing for homeless youths from
prohibitions against age discrimination, notwithstanding
state law or local ordinances, thus allowing homeless
youth-targeted housing to be developed.
This bill would articulate legislative policy to facilitate
and support the development and operations of housing for
homeless youths, and specify that the provision of housing
to homeless youth is authorized by the state, thus
occupying the field of regulation of housing for homeless
youth by any local public entity.
BACKGROUND
According to the author, youths between the ages of 18 and
24 are one of the fastest-growing segments of the homeless
population. This group consists of runaways, "throwaways,"
and those emancipated from foster care or other
institutional placement, with little or no provision for
housing, education and employment. These young adults are
ineligible for most youth services, and are therefore at
great risk when they enter adulthood - they are unable to
find housing because they do not have a job, and/or they
cannot find a job because they lack stable housing, skills,
and education. This vicious cycle, the author and
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proponents contend, increase the probability that these
homeless youth will progress into the ranks of homeless
adults.
Supporters of AB 2972 note a study by The Urban Institute
of California's programs addressing homelessness. The
study reveals that "between 24% and 50% of former foster
youth and probation youth become homeless within the first
18 months of emancipation and 27% of the overall homeless
population spent time in foster care."
This bill is intended to address the lack of housing,
services and assistance for the homeless youth.
CHANGES TO EXISTING LAW
Existing law prohibits discrimination on the basis of,
among other bases, age under any program or activity that
is conducted, operated, or administered by the state or any
state agency, is funded directly by the state, or receives
any financial assistance from the state. [Government Code
Section 11135.] Other provisions of state law and many
local ordinances affect housing for young adults who are
homeless or at-risk of homelessness [Cf. Sections 51, 51.2,
51.10 of the Civil Code (the Unruh Civil Rights Act),
Government Code Sections 11135, 12920, and 12955, and
Health and Safety Code Section 50800 et seq.]
Existing federal law prohibits housing providers receiving
U.S. Department of Housing and Urban Development (HUD)
housing assistance from using age as a criterion for
participation. The regulations governing 42 U.S.C. 6100 et
seq. however permit local laws and programs that need age
distinctions in order to promote specific social goals to
receive federally assisted payments and participate in
other funding aspects of housing development.
This bill would make legislative declarations and findings
regarding homeless youth, articulate the state's policy to
facilitate and support the development and operation of
housing for homeless youth, and expressly exempt the
provision of housing for homeless youth from statutory and
local ordinance prohibitions against unlawful age
discrimination.
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This bill would establish age as a criterion for
participating in, and admission to, supportive housing for
homeless youth and would declare that it is intended to
meet the requirements for exception from the Federal Age
Discrimination Act [42 U.S.Codes Section 6103(b)(2).]
This bill would exempt providers of emergency housing or
transitional housing from prohibitions against restricting
occupancy to persons 24 years of age or younger.
This bill would define "homeless youth," "at risk of
becoming homeless," and "housing for homeless youth."
COMMENT
1. Need for the bill
The author argues that youths between ages 18 years and
24 years are especially vulnerable because they face
serious difficulties at this critical point in their
development.
"Unlike youth under age 18, who may return to
family or stay in foster homes, over-age youth[s]
require longer-term aid that will lead to
independent living and self-sufficiency.
Existing shelters and homes for adults are
inadequate because youth[s] are vulnerable to
adult abuse and lack of services for
transitioning youth. Housing that targets this
population, alone, and serves their unique needs
will be safer than the adult alternatives and
will help a new generation avoid impending
homelessness."
While the need for this type of housing is supported by
findings and declarations contained in the bill, AB 2972
also addresses the problem posed by current federal and
state laws, as well as some local ordinances, that
prohibit discrimination on the basis of age by providers
of housing. As housing designed and targeted primarily
for seniors are exempted from those housing
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discrimination restrictions, this bill would exempt
housing developed and provided primarily for over-age
youth and would specifically allow providers of emergency
shelters and transitional housing to restrict their
availability to the 24 and under age group.
If passed, the author and proponents state, this bill
would provide a green light to over-age youth housing
programs that currently face federal and state law
barriers.
2. Statutes that prohibit age discrimination in housing
effectively bar development of housing programs targeted
at youth population
Under the existing federal Age Discrimination Act, it is
not unlawful to take action otherwise prohibited if, in
the program or activity, such action reasonably takes
into account age as a factor necessary to the normal
operation or the achievements of any statutory objective
of such program or activity. Further, the ADA specifies
that it shall not apply to any program or activity
established under authority of any law that (1) provides
any benefits or assistance to persons based upon the age
of such persons; or (2) establishes criteria for
participation in age-related terms or describes intended
beneficiaries or target groups in such terms. [42 U.S.C.
Section 6103.]
State law parallels the ADA in almost every respect. The
Fair Employment and Housing Act, as well as the Unruh
Civil Rights Act, prohibit discrimination or distinctions
in state-assisted programs and activities on the basis of
age, except that programs for those under 18 and over 65
are exempted to achieve goals articulated in statute.
In California and across the country, many housing
developments and programs for senior citizens have
received federal and state assistance even though they
are targeted at a specific age group. Each statute,
regulation or local ordinance has been carefully crafted
to establish the specific social goal that would be
promoted or achieved by using age as a distinction for
participants of a program or recipients of assistance.
While it may be said that there is still a shortage of
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senior citizen housing in the state, it can also be said,
according to proponents of AB 2972, that there is no
housing available to the homeless youth of the state,
where the programs and activities are targeted to assist
homeless youth to transition into productive adult
living.
AB 2972 would provide the statutory recognition of the
social goals to be achieved by exempting housing
providers that restrict their programs and activities to
over-age youth (between 18 years and 24 years of age)
from the ADA, the FEHA, the Unruh Civil Rights Act, and
local ordinances prohibiting discrimination in housing
based on age.
Further, by declaring that it is the state policy to
facilitate and support the development and operation of
housing for homeless youth and by expressly authorizing
housing for homeless youth, the bill would occupy the
field of regulation of housing for homeless youth.
Thus, programs to provide transitional housing services
only to homeless youth under age 24 may receive federal
and state funds and may deny any other applicant for the
same services to another person in a different age
bracket. This is very important, according to
proponents, so housing that offers specialized services
targeted to the needs of these homeless youth may be
developed.
In San Francisco, for example, the Coalition on
Homelessness states that the need for affordable housing
for youth is especially acute. "We see young people
entering into adulthood as homeless as an outgrowth of
the over-all housing crisis. The shrinkage of public
housing stock, the unaffordability of residential hotels
and complete lack of living wage jobs in our area has
intensified this problem. The rents in our area have not
dropped in any way that would be meaningful to young
adults struggling to leave poverty. If these economic
conditions are coupled with abusive family situations for
some, then this cycle is even more critical."
3. Definitions
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a. Homeless youth
This bill would define "homeless youth" as a person
who is either: (1) at least 18 years of age but not
older than 24 years, and who is homeless or at risk of
becoming homeless, has run away from home, or is no
longer eligible for foster care on the basis of age;
or (2) a person less than 18 years of age who has been
emancipated and who is homeless or at risk of becoming
homeless.
Those who fall in the first group (between 18 and 24
years of age) are youth who have become ineligible for
foster care because of age. Since the law does not
permit payment for foster care for those over 18, many
foster children are getting evicted from their foster
care homes when they reach their 18th birthday. Also,
there are many homeless youth from homes where the
parents or guardians abuse substances, or from
families that experience persistent poverty.
Proponents state that many are abused physically,
emotionally, or sexually and they all "share one thing
in common - the lack of affordable housing with
appropriate supports and services." Proponents also
contend that these young people are often exposed to
physical and sexual abuse by the adults they encounter
in homeless shelters.
Those who fall in the second group, however, are
"emancipated minors" by definition. This group
consists of minors who have been released from the
authority of their parents or guardians because (1)
the minor has entered into a valid marriage, whether
or not the marriage has been dissolved, (2) the minor
is on active duty with the Armed Forces of the United
States, or (3) the minor has been declared emancipated
by a court. To be emancipated by a court, a minor has
to show that he or she is at least 14 years of age,
that he or she willingly lives separate and apart from
his or her parents or guardian with the consent or
acquiescence of the parents or guardians, that he or
she is in charge of his or her own financial affairs,
and the minor's source of income is not illegal or
criminal activity. A court must find that
emancipation of a minor is in the best interest of the
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minor. An emancipated minor may be as young as 14
years old.
Thus, the policy the state will adopt, if AB 2972
passes, will encompass those who are homeless because
they have been suddenly released from the state's
care, as well as those who are homeless because at one
time they were emancipated by a court from their
parents and subsequently were not able to transition
into independent living as adults.
b. At risk of becoming homeless
The bill would define the phrase "at risk of becoming
homeless" as "facing eviction or termination of one's
current housing situation."
Again, this could apply to a minor in foster care who
has reached her 18th birthday and has been notified by
the foster parents that she must move out of the
foster home, as well as to an emancipated 15-year old
who has decided that living on her own was too
difficult and has returned home only to find her
parents, who consented to her being emancipated in the
first place, seeking to evict her out of their house.
c. Housing for homeless youth
AB 2972 would define this term to mean "emergency,
transitional, or permanent housing tied to supportive
services that assist homeless youth in stabilizing
their lives and developing the skills and resources
they need to make a successful transition to
independent, self-sufficient adulthood."
By definition, therefore, the housing that would be
provided to homeless youth is envisioned to be more
than the provision of physical shelter, to encompass a
gamut of services that will help these youth gain a
better footing as they step out into the adult world.
This is similar to the policy that promotes the
development of senior citizen housing that also
incorporates programs and activities that would be
conducive to their continued independent living as
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they age and become less and less able to take care of
themselves.
4. Bill would not affect rules on discrimination against
families with children
AB 2972 provides that it would not affect the rules
relating to discrimination against families with
children. These families, which may be composed of
over-age youths covered by this bill (between 18 and 24
years old) who have children, would be admitted to all
housing programs and activities that would be developed
and funded under the state's housing programs.
5. Regulations for emergency or transitional housing to
be amended
This bill would require the Department of Housing and
Community Development to revise its Emergency Housing and
Assistance Program (EHAP) regulations dealing with the
provision of emergency shelter or transitional housing
and services. The regulations call for an equitable
distribution of funds, delegation of authority to local
boards, and guidance to local boards so that reasonable
standards of inclusiveness, accountability,
nondiscrimination and integrity are preserved.
The regulations are also to ensure that emergency shelter
and services will be provided on a
first-come-first-served basis, nor may any individual be
denied shelter or services because of an inability to
pay. Further, the regulations are not to be construed to
preclude a provider of emergency shelter or transitional
housing from restricting occupancy on the basis of sex.
Under the EHAP, local governments and nonprofit agencies
receive grants for emergency shelters, transitional
housing and supportive services for homeless individuals
and families. Funds may be used for site acquisition and
the construction of new facilities, as well as the
rehabilitation, renovation, or expansion of existing
facilities, equipment purchase, vouchers, operational
costs, and direct and indirect client services. Each
county receives an allocation according to a formula.
The EHAP regulations specifically permit shelters or
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transitional housing facilities to serve single sex
populations. There are no other exemptions.
This bill would add, to the exemption that permits
housing facilities to serve single sex populations, the
provision of emergency shelter or transitional housing
offered exclusively to persons 24 years of age or
younger, pursuant to the policy supporting housing for
homeless youth that this bill would enact. Supporters
who are shelter providers state that this exemption is
justified because it can be quite harmful to mix their
clients with older populations.
Support: California Alliance of Child and Family Services;
The Stuart Foundation; California Youth Connection
(CYC); NAMI California; Larkin Street Youth
Services; Coalition on Homelessness; United Friends
of the Children; California Coalition for Youth
(CCFY); JERICHO: A Voice for Justice
Opposition: None Known
HISTORY
Source: Author
Related Pending Legislation: AB 1354 (Rod Pacheco, Chapter
46, Statutes of 2002) grants
EHAP-providers of emergency shelter
and transitional housing the same
exemption from the prohibition
against discrimination on the basis
of age, so that the provider may
restrict occupancy to persons age 24
years or younger. The rationale for
this bill was that homeless youth in
this age category are more likely to
be sexually abused than the general
population.
Prior Legislation: None Known
Prior Vote: Asm. H. & C.D. (Ayes 7, Noes 1);
Asm. Appr. (Ayes 24, Noes 0);
Asm. Flr. (Ayes 71, Noes 0)
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