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AB-2405 Right to safe, decent, and affordable housing.(2019-2020)



Current Version: 09/01/20 - Enrolled         Compare Versions information image


AB2405:v93#DOCUMENT

Enrolled  September 01, 2020
Passed  IN  Senate  August 29, 2020
Passed  IN  Assembly  August 30, 2020
Amended  IN  Senate  August 20, 2020
Amended  IN  Senate  July 27, 2020
Amended  IN  Senate  July 07, 2020
Amended  IN  Assembly  June 04, 2020
Amended  IN  Assembly  May 04, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 2405


Introduced by Assembly Members Burke, Chiu, and Gonzalez
(Principal coauthor: Senator Wiener)
(Coauthors: Assembly Members Aguiar-Curry, Arambula, Bonta, Carrillo, Flora, Eduardo Garcia, Gipson, Irwin, Jones-Sawyer, Low, McCarty, Quirk-Silva, Luz Rivas, Santiago, and Wicks)
(Coauthor: Senator Lena Gonzalez)

February 18, 2020


An act to add Section 8258.1 to the Welfare and Institutions Code, relating to housing.


LEGISLATIVE COUNSEL'S DIGEST


AB 2405, Burke. Right to safe, decent, and affordable housing.
Existing law establishes the Department of Housing and Community Development in the Business, Consumer Services, and Housing Agency, and requires the department to administer various housing programs throughout the state, including programs that address the needs of homeless individuals and families, and to review local ordinances for the design, development, and operation of homeless shelters in cities and counties that have declared a shelter crisis.
Existing law also requires a state agency or department that funds, implements, or administers a state program that provides housing or housing-related services to people experiencing homelessness or at risk of homelessness to revise or adopt guidelines and regulations to incorporate the core components of Housing First, an evidence-based model that uses housing as a tool, rather than a reward, for recovery.
This bill would declare that it is the policy of the state that every individual has the right to safe, decent, and affordable housing, and would require the policy to consider homelessness prevention, emergency accommodations, and permanent housing, as specified. The bill would, among other things, require all relevant state agencies and departments, including, but not limited to, the Department of Housing and Community Development, the State Department of Social Services, and the Office of Emergency Services to consider that state policy when revising, adopting, or establishing policies, regulations, and grant criteria when those policies, regulations, and criteria are pertinent to advancing the guidelines listed as core components of Housing First. The bill would make these provisions operative on January 1, 2026, and would make implementation of these provisions subject to an appropriation of funds in the annual Budget Act for these purposes.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 The Legislature finds and declares all of the following:
(a) It is the intent of the Legislature in enacting this act to reaffirm the “Housing First” model as California’s approach to ending homelessness.
(b) It is further the intent of the Legislature to minimize trauma and treat all individuals experiencing homelessness with dignity during the process of implementing the “Housing First” model for those experiencing homelessness.
(c) It is further the intent of the Legislature that processes should minimize trauma and facilitate cultures of dignity and respect for all individuals because the prospect or state of homelessness is a traumatic experience that can further compound the very factors leading to homelessness.

SEC. 2.

 Section 8258.1 is added to the Welfare and Institutions Code, to read:

8258.1.
 (a) It is hereby declared to be an established policy of the state that every individual in California has the right to safe, decent, and affordable housing.
(b) This state policy shall consider all of the following components:
(1) Prevention of individuals from entering homelessness by providing assistance and services that include, but are not limited to, all of the following:
(A) Payment of rent and utility arrearages.
(B) Legal support for individuals facing eviction.
(C) Connection to services that would address factors that could lead to homelessness.
(2) If prevention assistance and services do not keep individuals from entering homelessness, emergency accommodation policies shall consider how to provide a clean and safe environment where individuals may reside until they can be placed in permanent housing, in accordance with, but not be limited to, all the following:
(A) To the extent feasible, emergency accommodations shall be in close proximity to the community where the individuals reside.
(B) Individuals shall be provided with access to supportive services.
(C) There shall be no preconditions for access to accommodations.
(D) Emergency accommodations shall be in compliance with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.).
(3) Individuals shall be placed in permanent housing, in accordance with the core components of Housing First, and that is in compliance with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.).
(c) All relevant state agencies and departments, including, but not limited to, the Department of Housing and Community Development, the Business, Consumer Services, and Housing Agency, the State Department of Social Services, the State Department of Health Care Services, and the Office of Emergency Services shall do all of the following:
(1) (A) Consider the state policy established by this section when revising, adopting, or establishing policies, regulations, and grant criteria when those policies, regulations, and criteria are pertinent to advancing the guidelines listed as core components of Housing First.
(B) Commit to preventing homelessness and getting individuals into housing by coordinating resources and practicing evidence-based housing interventions.
(C) Revise existing programs and services to identify individuals who are experiencing homelessness or housing instability, and utilize this information to connect individuals with housing resources at the state level.
(D) Ensure state-funded institutions do not discharge people without a temporary or permanent housing option, and support whatever it takes to make homelessness rare, brief, and nonrecurring.
(2) When implementing the policies, regulations, and grant criteria that are revised, adopted, or established in accordance with subparagraph (A) of, and the other requirements specified in, paragraph (1), ensure that individuals are treated with dignity and respect so that trauma is minimized throughout the process for those who are on the verge of experiencing homelessness or are in fact experiencing homelessness, and recognize and address the fear and anxiety that individuals have when facing the prospect, or state, of homelessness.
(3) (A) Establish a set of universal reporting requirements amongst relevant state programs to track homeless outcomes, including, but not limited to, the information required pursuant to Sections 50221 and 50222 of the Health and Safety Code.
(B) Where feasible, the reported information shall be provided to, and maintained within, the statewide Homeless Management Information System.
(d) Implementation of this section shall be subject to an appropriation of funds in the annual Budget Act for purposes of this section.
(e) This section shall become operative on January 1, 2026.