THE COUNCIL OF

THE CITY OF NEW YORK

COREY JOHNSON CITY HALL TELEPHONE

SPEAKER (212) 788-7210
NEW YORK, NY 10007

July 9, 2019

Submitted via www.regulations.gov

Office of General Counsel, Rules Docket Clerk

Department of Housing and Urban Development
451 7th Street SW, Room 10276
Washington, DC 20410-0500

Re: HUD Docket No. FR-6124-P-01, Comment in Response to Proposed Rule:

“Housing and Community Development Act of 1980: Verification of Eligible
Status”

Dear Sir/Madam:

As Speaker of the Council of the City of New York, I am submitting this comment
on behalf of the legislative body for the largest City in the United States. We are writing to
express our strong opposition to the U.S. Department of Housing and Urban
Development’s (HUD) proposed rule, Docket No. FR-6124-P-01, entitled Housing and
Community Development Act of 1980: Verification of Eligible Status, which would restrict
the use of federally-assisted housing covered under Section 214 for ineligible immigrants.
Specifically, the proposed rule would change the current eligibility scheme for recipients
of the rental assistance from HUD in the following ways:

 All recipients of rental assistance under the age of 62 would be required to submit
proof of eligible immigration status;1
 Any individual determined to be ineligible due to immigration status would not be
allowed to serve as primary leaseholder on a lease for which HUD rental assistance
was disbursed;2 and
 The current ability for households of mixed immigration status (“mixed
households”) to receive a prorated rental assistance disbursement would end, as
only households composed entirely of individuals with eligible immigration status
would be permitted to receive rental assistance. 3

1
Housing and Community Development Act of 1980: Verification of Eligible Status, 84 Fed. Reg. 20589
(proposed May 10, 2019) (to be codified at 24 C.F.R. part 5), https://www.govinfo.gov/content/pkg/FR-
2019-05-10/pdf/2019-09566.pdf.
2
Id.
3
Id.
 The proposed rule seeks to target the estimated 25,000 “mixed households”
currently receiving prorated HUD rental assistance, with at least one ineligible member.4
As stated, HUD intends for this rule to “better target” the disbursement of government
assistance to eligible individuals. However, the proposed rule runs contrary to HUD’s
mission of meeting the need for “quality affordable rental homes”5 and “building inclusive
and sustainable communities free from discrimination.”6 The proposed rule would
institutionalize discrimination by disproportionally affecting the most vulnerable members
of our community: children, the elderly, people with disabilities, and people of color. It
would also separate families, increase homelessness, exacerbate overcrowding, and
negatively impact the health, educational, and economic outcomes of our youngest New
Yorkers. We strongly oppose the proposed rule.

1. The proposed rule will have a disproportionate impact on children, the elderly,
people with disabilities, and people of color, and it violates HUD’s own
mandate.

Not only does this proposal target immigrant families, but it disproportionately
targets children, the elderly, people with disabilities, and people of color. Of the people
assisted by the programs affected by the proposed rule, 68 percent are children, elderly, or
people with disabilities. 7 Of the people in “mixed-status” families that would lose their
assistance, 95 percent are people of color, including 85 percent who are Hispanic/Latinx,
7 percent who are Black, and 2 percent who are Asian/Pacific Islander. 8 The proposed rule,
therefore, would discriminate on the basis of race, national origin, age, and immigration
status, disproportionately affecting our most vulnerable residents.

HUD is mandated by the Fair Housing Act to “administer the programs and
activities relating to housing and urban development in a manner affirmatively to further
the policies of” the Act.9 HUD has defined “affirmatively furthering fair housing” to mean
“taking meaningful actions, in addition to combating discrimination, that overcome
patterns of segregation and foster inclusive communities free from barriers that restrict
access to opportunity based on protected characteristics. Specifically…fostering and
maintaining compliance with civil rights and fair housing laws.” 10 By discriminating on
the basis of race, national origin, age, and immigration status, this proposed rule runs
counter to the Fair Housing Act’s mandate and HUD’s own definition of this mandate.

4
U.S. Department of Housing and Urban Development, Regulatory Impact Analysis, Housing and
Community Development Act of 1980: Verification of Eligible Status [Proposed Rule, Docket No: FR-
6124-P-01]. (April 15, 2019), https://www.regulations.gov/document?D=HUD-2019-0044-0002
[hereinafter HUD Analysis of Rule].
5
U.S. Department of Housing and Urban Development, Mission, https://www.hud.gov/about/mission (last
visited July 1, 2019).
6
Id.
7
Center on Budget and Policy Priorities, United States Federal Rental Assistance Fact Sheet (May 14,
2019), https://apps.cbpp.org/4-3-19hous/PDF/4-3-19hous-factsheet-us.pdf.
8
Alicia Mazzara, Demographic Data Highlight Potential Harm of New Trump Proposal to Restrict
Housing Assistance, CENTER ON BUDGET AND POLICY PRIORITIES (Jul. 1, 2019),
https://www.cbpp.org/research/housing/demographic-data-highlight-potential-harm-of-new-trump-
proposal-to-restrict-housing.
9
42 U.S.C.A. § 3608(e)(5).
10
24 C.F.R. § 5.152.
2
 HUD Secretary Ben Carson stated to the House Committee on Financial Services
that his rationale for this rule was that “you take care of your own first.” 11 This rhetoric is
xenophobic and racist. Immigrants are our own—they are our residents, our neighbors, our
healthcare workers, our teachers, and our restaurant owners. We are proud to live and serve
in a city of immigrants, home to approximately 3.2 million foreign-born City residents
from more than 150 countries, comprising 37 percent of the City’s population and 44
percent of the local workforce.12 Hard-working immigrants contribute to all industries in
New York City, own the majority of businesses in New York City, 13 and pay an estimated
$8 billion in City and State personal income taxes and approximately $2 billion in City
property taxes ever year.14 In 2017 alone, immigrants contributed an estimated $195 billion
to the City’s Gross Domestic Product (GDP), or about 22 percent of the City’s total GDP. 15
Immigrants are the backbone of New York City and our country and any attempt to
diminish their role in our society is economically unwise, and bears no resemblance to the
America we strive to be.

2. New York City proudly makes investments in breaking down barriers faced
by immigrant residents and the proposed rule disrupts our City’s
policymaking concerning our own residents.

Immigrants make up the fabric of New York City, with more than half—nearly 60
percent—of New Yorkers living in households with at least one immigrant member. 16 The
New York City Mayor’s Office of Immigrant Affairs (MOIA) estimates that more than one
million New Yorkers, including 277,000 children, live in families with at least one
undocumented person.17 Unique characteristics of households with at least one
undocumented person include:

 Childhood linguistic isolation, where all adults in the household speak a language
other than English;18
 Overcrowding, with more than 1 but less than 1.5 persons per room; and 19
 Rent-burden, where more than 30 percent of household income is spent on rent. 20

11
Zack Budryk, Housing authorities raise concerns about Trump plan to evict undocumented immigrants,
THE HILL (Jun. 18, 2019), https://thehill.com/regulation/other/449065-housing-authorities-raise-concerns-
about-plans-to-evict-undocumented.
12
New York City Mayor’s Office of Immigrant Affairs, State of Our Immigrant City: MOIA Annual Report
for Calendar Year 2018, at 9 (Mar. 2019),
https://www1.nyc.gov/assets/immigrants/downloads/pdf/moia_annual_report%202019_final.pdf
[hereinafter MOIA Annual Report 2019].
13
New York City Office of Comptroller Scott M. Stringer. (2017). Our Immigrant Population Helps Power
NYC Economy, at 9-11. (Jan. 2017), https://comptroller.nyc.gov/wp-content/uploads/documents/Our-
Immigrant-Population-Helps-Power-NYC-Economy.pdf.
14
Id. at 3.
15
New York City Mayor’s Office of Immigrant Affairs, State of Our Immigrant City, at 6 (Mar. 2018),
https://www1.nyc.gov/assets/immigrants/downloads/pdf/annual-report-2018.pdf.
16
MOIA Annual Report 2019, supra note 12, at 23.
17
Id.
18
Id. at 23-24.
19
Id. at 24.
20
Id. at 24.
3
 Like other jurisdictions around the country, New York City is making investments
in breaking down these and other barriers faced by our immigrant residents. For example,
New York City has developed a plan for fostering diverse, livable neighborhoods by
pursuing affordable housing and community development opportunities. 21 Strategies to this
end include investments to support new housing, ensuring the safety and habitability of
existing housing stock, reforming zoning and land use regulations to promote housing
creation, promoting senior, supportive, and accessible housing, refining city financing tools
and expanding funding sources for affordable housing, and creating quality jobs and
workforce development opportunities. 22

New York City has tackled homelessness by creating a program to help individuals
who are at imminent risk of entering the New York City shelter system overcome an
immediate housing crisis and achieve housing stability through support services to prevent
eviction, assistance obtaining public benefits, emergency rental assistance, education and
job placement assistance, and financial assistance.23 New York City has additionally made
investments to provide comprehensive health care to all residents, regardless of ability to
pay or immigration status,24 as well as investments in adult literacy programs 25 and
workforce development programs,26 to break down barriers faced by immigrant New
Yorkers and lift individuals out of poverty.

We, as a city, have made these tangible commitments to support the development
of a productive populace that continues to contribute to the state and city’s fiscal health
and overall well-being. This proposed rule will inevitably disrupt and undermine our City’s
efforts. It cuts against New York City’s policies concerning affordable housing, public
health, poverty, and other efforts that help provide immigrant families with an equal
opportunity to live, work, and prosper in our City. This proposed rule will unequivocally
lead to increased displacement, homelessness, poverty, and decreased educational and
health outcomes.

3. The proposed rule will separate children from their families, increase
homelessness, and lead to other collateral consequences.

This proposed rule will force households to choose between moving out of existing
housing, becoming vulnerable to homelessness in order to maintain the family unit, and
separating their families by choosing for the ineligible individual(s) to leave. This is a
shockingly cruel choice to present to a family. HUD anticipates that if the rule were to go

21
NYC.gov, Housing New York: A Five-Borough, Ten-Year Plan (May 2014),
http://www.nyc.gov/html/housing/assets/downloads/pdf/housing_plan.pdf.
22
Id.
23
New York City Human Resources Administration, Homebase,
https://www1.nyc.gov/site/hra/help/homebase.page (last visited Jul. 1, 2019).
24
NYC.gov, ActionHealthNYC, https://www1.nyc.gov/site/doh/health/health-topics/actionhealthnyc.page
(last visited Jul. 1, 2019); NYC Care, https://www1.nyc.gov/nyc-resources/service/8342/nyc-care (last
visited Jul. 1, 2019).
25
New York City Council, City Council Announces Funding for Adult Literacy Programs (Oct. 23, 2018),
https://council.nyc.gov/news/2018/10/23/city-council-announces-funding-for-adult-literacy-programs/.
26
New York City Workforce Development Board, WIOA Local Plan for New York City 2017 to 2020 (Dec.
21, 2017), https://www1.nyc.gov/html/ohcd/downloads/pdf/Local-Plan-Complete.pdf.
4
into effect, there would be an exodus of “mixed families” from public housing. 27 The
agency predicts some family members may voluntarily leave households, but other
ineligible tenants with young children who are U.S. citizens would likely flee public
housing together, out of fear of the family being separated.28

Children of ineligible immigrants—many of them who are U.S.-born citizens—

may end up in the care of other family members or friends, or possibly even foster care.
According to HUD’s own analysis, 55,000 children who are U.S. citizens or lawful
permanent residents may be displaced as a result of this rule. 29 A 2016 brief from the United
States Interagency Council on Homelessness found that episodes of homelessness can
cause family separations, as child welfare caseworkers have reported that 10 percent of
children are removed from their home and placed in foster care due to inadequate
housing. 30

a. Displacement and separation of families and children in New York

State and New York City will increase the number of overcrowded and
rent-burdened households.

Relying on internal data, HUD provided an assessment of the proposed rule, stating
that it would disproportionally impact HUD rental assistance recipients in three states,
where 72 percent of “mixed families” are concentrated: California, Texas, and New York.31
In effect, approximately 3,000 New York State households, made up of approximately
13,000 tenants, would be affected, and more than half of these—6,600—could be
children.32 As the proposed HUD rule would necessarily lead to increased rates of
displacement, it would exacerbate the issues of overcrowding and rent burden in New York
State and New York City.

Immigrants suffer tremendously from the lack of affordable housing in New York
State, facing enormous rent burdens and overcrowding. 33 At least 80 percent of low-income

27
HUD Analysis of Rule, supra note 4, at 7.
28
Id.
29
Tracy Jan, HUD says 55,000 children could be displaced under Trump plan to evict undocumented
immigrants, WASHINGTON POST (May 10, 2019),
https://www.washingtonpost.com/business/2019/05/10/hud-says-children-could-be-displaced-under-trump-
plan-evict-undocumented-immigrants/?utm_term=.41d817ac8f9a.
30
U.S. Interagency Council on Homelessness, Ending Family Homelessness, Improving Outcomes for
Children (Jul. 2016),
https://www.usich.gov/resources/uploads/asset_library/Impact_of_Family_Homelessness_on_Children_20
16.pdf.
31
HUD Analysis of Rule, supra note 4, at 6.
32
According to data in HUD databases, 25,045 “mixed households” have at least one ineligible member.
Geographically, 12 percent of these “mixed households”—or approximately 3,000—are in New York State.
This equates to approximately 13,000 members of the 108,104 members who live in “mixed households.”
As HUD reports that 73 percent of the 75,930 households with eligible children and ineligible parents are
children, and 5 percent of the 6,008 households with ineligible children and eligible parents are children,
New York State is home to approximately 6,687 children in “mixed households.” Id. at 8.
33
Make the Road NY, Protecting Immigrant Homes: The Importance of Strengthening and expanding
tenant protections for immigrant New Yorkers (Apr. 2019) at 7, https://maketheroadny.org/wp-
content/uploads/2019/04/2019-MRNY-Protecting-Immigrant-Homes-Report_Near-Final.pdf.
5
immigrant-headed households are rent-burdened34 across New York City and New York
State.35 Immigrant New Yorkers also face substantially higher overcrowding rates36 than
New Yorkers writ large.37 Specifically, 15.9 percent of all immigrant-headed households
in New York State live in overcrowded conditions, compared with 9.6 percent of the
broader population. 38 For low-income households, 22.1 percent of immigrant-headed
households live in overcrowded conditions, compared to 15.6 percent of the broader
population.39 MOIA has reported that in New York City, 21.6 percent of immigrant New
Yorkers reside in overcrowded households, and this data point is unchanged from previous
years. 40 This number includes the approximately 8.6 percent of immigrant New Yorkers
who live in extremely overcrowded housing. 41 The prevalence of overcrowding is
particularly high among non-citizens and markedly lower among naturalized citizens. 42
The proposed rule, if enacted, could cause up to 13,000 tenants in New York City to
become displaced, further exacerbating the issues of overcrowding and rent burden in New
York City, specifically for immigrant families.

b. The proposed rule would further exacerbate homelessness in New York

City.

Driven by the affordable housing crisis, New York City has a significant homeless
population.43 HUD’s 2018 Annual Homelessness Assessment Report to Congress shows
that more than one in five people experiencing homelessness nationwide reside in either
New York City or Los Angeles.44 It additionally shows that one-quarter of all people in
families with children experiencing homelessness reside in New York City.45 New York
City’s homeless population in 2018 was 78,676.46 For comparison, there are more homeless
people in New York City than the entire population of Scranton, Pennsylvania. 47 HUD’s
2018 Report also found that, on a single night in January, there were 91,897 people
experiencing homeless in the state of New York.48 That number constituted 17 percent of
the country’s total homeless population.49 Furthermore, during the 2016-2017 school year,
an estimated 140,690 New York school children lived in shelters, on the street, doubled up

34
Rent-burdened households are defined as paying 30 percent or more of their household income on rent.
Extremely rent-burdened households are defined as paying more than 50 percent of household income on
rent.
35
Make the Road NY, supra note 33, at 8.
36
Overcrowding rates refer to the percentage of units with more than one person per room.
37
Make the Road NY, supra note 33, at 9.
38
Id.
39
Id.
40
MOIA Annual Report 2019, supra note 12, at 23.
41
Extremely overcrowded housing is defined as having more than 1.5 persons per room.
42
MOIA Annual Report 2019, supra note 12, at 23.
43
NYC.gov, Our current affordable housing crisis,
https://www1.nyc.gov/site/housing/problem/problem.page (last visited Jul. 1, 2019).
44
U.S. Department of Housing and Urban Development, The 2018 Annual Homeless Assessment Report
(AHAR) to Congress (Dec. 2018) at 18, https://files.hudexchange.info/resources/documents/2018-AHAR-
Part-1.pdf [hereinafter HUD 2018 AHAR].
45
Id. at 43.
46
Id. at 20.
47
U.S. Census Bureau, Quick Facts: Scranton Pennsylvania,
https://www.census.gov/quickfacts/scrantoncitypennsylvania (last visited Jul. 1, 2019).
48
HUD 2018 AHAR, supra note 44, at 14.
49
Id.
6
with other families, or in hotels or motels. 50 New York State’s homeless population is
disproportionately located in New York City, as the number of people in shelters each night
is large enough to be the ninth-largest city in the state of New York.51 A report by the
Coalition for the Homeless shows that in January 2019, an all-time record of 63,839 people
slept in New York City’s homeless shelters each night.52 This figure is expected to rise by
roughly 5,000 people by 2022. 53

The New York City Housing Authority (NYCHA) plays a critical role in addressing
homelessness, including by granting homeless New Yorkers a need-based preference to
become public housing residents.54 NYCHA’s efforts would be stymied by the proposed
rule, which would increase the homeless population. NYCHA is the greatest source of
housing for low-income and moderate-income New Yorkers: it comprises 83 percent of
the apartments in New York City with rents under $500 per month. 55 This is crucial for
keeping New York City’s low-income population sheltered. While the median rent for one-
bedroom apartments in New York City is at an all-time high of $2,980 per month,56 the
median annual income of a NYCHA household is a mere $17,088.57 Moreover, 40.8
percent of NYCHA families are supported by Social Security, Supplementary Security
Income benefits, pensions, veteran’s benefits, and other government programs. 58 The New
York City Center for Economic Opportunity additionally found that two-thirds of NYCHA
residents live in public housing developments surrounded by increasing or persistently
high-income neighborhoods.59 Put simply, it is a financial reality that people living in
NYCHA housing generally cannot afford to live elsewhere. It is unquestionable, therefore,
that this rule would exacerbate the homelessness crisis in New York City—and the
suffering of immigrant communities—if it went into effect. If mixed families do attempt
to stay in public housing by having the non-eligible member(s) vacate, HUD’s policy
would duplicate the effects of the humanitarian crisis at the border by ripping families
apart.

It is particularly appalling that this rule would increase youth homelessness. Of

households with mixed immigration status, 70 percent consist of eligible children and

50
Center on Budget and Policy Priorities, New York Federal Rental Assistance Fact Sheet (May 14, 2019),
https://apps.cbpp.org/4-3-19hous/PDF/4-3-19hous-factsheet-ny.pdf.
51
Coalition for the Homeless, State of the Homeless 2019 (Apr. 2019) at 1,
https://www.coalitionforthehomeless.org/wp-content/uploads/2019/04/StateOfThe-Homeless2019.pdf.
52
Id.
53
Id.
54
New York City Housing Authority, Priority Codes for Public Housing (April 2018),
https://www1.nyc.gov/assets/nycha/downloads/pdf/NYCHA-Priority-Codes-Revised-04-1-2018.pdf (last
visited Jul. 1, 2019).
55
New York City Housing Authority, NYCHA 2.0 Part 1: Invest to Preserve, at 4,
https://www1.nyc.gov/assets/nycha/downloads/pdf/NYCHA-2.0-Part1.pdf (last visited Jul. 1, 2019).
56
Valeria Ricciulli, NYC one-bedroom rents hit $2,980/month, an all-time high, CURBED NEW YORK (Jun
3, 2019), https://ny.curbed.com/2019/6/3/18650949/nyc-rent-prices-zumper-report.
57
New York City Housing Authority, supra note 55 at 4.
58
New York City Housing Authority, NYCA 2019 Fact Sheet (Mar. 2019),
https://www1.nyc.gov/assets/nycha/downloads/pdf/NYCHA-Fact-Sheet_2019.pdf.
59
New York City Center for Economic Opportunity, Findings at a Glance: Highlights from the Report
“The Effects of Neighborhood Change on NYCHA Residents” (May 2015),
https://www1.nyc.gov/assets/nycha/downloads/pdf/nns_policy_brief.pdf.
7
ineligible parents.60 HUD’s own Regulatory Impact Analysis found that housing assistance
to 19,000 mixed families could be terminated since it is likely that a family with dependent
children will prefer to leave the assisted housing as a family, rather than be separated from
one another.61 Indeed, HUD assumes that most mixed households would leave HUD’s
assisted housing if the proposed rule is implemented. 62 HUD has further recognized that
“homelessness could arise for a household, if they are unable to find alternative housing,
for example in tight housing markets.”63 New York City has a notoriously tight housing
market: the citywide rental vacancy rate in 2017 was only 3.63 percent. 64 As a result, it is
a near certainty that HUD’s proposed rule would result in thousands of homeless children.
The data supporting this is clear and contained in HUD’s own analysis. This is deeply
immoral and indefensible.

c. Displacement of families, overcrowding, rent burden, and

homelessness will result in further collateral consequences for families
and children.

The proposed rule would inevitably lead to housing insecurity, 65—which would in
turn necessarily lead to collateral consequences for displaced families. For example,
research indicates a strong correlation between housing and health outcomes, with studies
showing that no amount of healthcare can substitute for stable housing. 66

i. Overcrowded housing poses health and safety risks, and puts

individuals at risk for homelessness.

This proposed rule would increase stress on households by threatening the stability
of existing home environments. Residents forced to live in crowded living conditions in
order to make ends meet often do so at great risk to personal health and safety. 67 Research
has linked overcrowding with poor health and the spread of infectious diseases, including
respiratory infections and asthma, as well as anxiety and other mental health problems. 68
Crowded conditions have also been shown to hurt cognitive and behavioral development
in children and impinge on studying and sleep, leading to problems that endure throughout
life. 69 Furthermore, overcrowding is a major trigger of homelessness. 70 In a November
2014 report on family homelessness published by the New York City Independent Budget

60
HUD Analysis of Rule, supra note 4, at 8.
61
Id.
62
Id.
63
Id.
64
New York City Rent Guidelines Board, 2018 Housing Supply Report (May 24, 2018),
https://www1.nyc.gov/assets/rentguidelinesboard/pdf/18HSR.pdf
65
For the purposes of this comment, this term is defined as high housing costs, poor housing quality,
unstable neighborhoods, overcrowding, and especially homelessness.
66
National Health Care for the Homeless Council, Homelessness & Health:
What’s the Connection? (Feb. 2019), https://www.nhchc.org/wp-content/uploads/2019/02/homelessness-
and-health.pdf.
67
Kirk Semple, When the Kitchen Is Also a Bedroom: Overcrowding Worsens in New York, N.Y. TIMES
(Feb. 29, 2016), https://www.nytimes.com/2016/03/01/nyregion/overcrowding-worsens-in-new-york-as-
working-families-double-up.html.
68
Id.
69
Id.
70
Id.
8
Office (IBO), it was noted that from 2002 to 2006, crowding was the most common
eligibility determination invoked by families entering the shelter system. 71

ii. Homelessness leads to increased mortality, chronic health

conditions, and poor health and educational outcomes for
families and children.

Compared to the general housed population, people without homes are more
severely impacted by the social determinants of health, 72 leading to increased mortality,
chronic health conditions, mental illness, substance use, and risky health behaviors. 73 For
example, individuals who are homeless are three to six times more likely to suffer serious
illness and injury than the general population, with higher risk and severity of upper
respiratory infections, heart disease, hypertension, gastrointestinal problems, and
HIV/AIDS.74 They are also more likely to face extreme poverty resulting in an inability to
obtain and maintain housing, pay for health services, and afford basic daily necessities like
food and clothing. 75 Homelessness creates new health problems and exacerbates existing
ones.76 The link between housing and health is so critical that people who are homeless
have higher rates of illness and die on average 12 years sooner than the general U.S.
population.77 Living on the street or in crowded homeless shelters exposes people to
communicable diseases, violence, malnutrition, and harmful weather exposure. 78 As a
result, families without stable housing are more likely to rely more regularly on emergency
services, including hospital emergency rooms. 79

Children’s health and wellbeing is particularly vulnerable to the impact of housing

instability and homelessness.80 Specifically, housing insecurity places children at risk of
exposure to adverse childhood experiences, including emotional abuse, physical abuse,
sexual abuse, emotional neglect, physical neglect, household domestic violence, household
mental illness, household substance use, parental separation or divorce, having a parent or
family member incarcerated, economic hardship, community violence, bullying, foster
care, and discrimination. 81 For example, housing-insecure children and families report
71
Office of the New York City Comptroller Scott M. Stringer, NYC Housing Brief: Hidden Households
(Oct. 2015), https://comptroller.nyc.gov/wp-content/uploads/documents/Hidden_Households.pdf.
72
The World Health Organization (WHO) defines social determinants of health as “the circumstances, in
which people are born, grow up, live, work and age, and the systems put in place to deal with illness.” They
demonstrate that health outcomes are influenced by multiple factors, including: 1) neighborhood and built
environment; 2) health and health care; 3) social and community contexts; 4) education; and 5) economic
stability. National Health Care for the Homeless Council, Social Determinants of Health: Predictors of
Health among People without Homes (Oct. 2016), https://www.nhchc.org/wp-
content/uploads/2011/09/fact-sheet_2016_social-determinants-of-health1.pdf.
73
Id.
74
Institute for Children, Poverty & Homelessness, Effects of Homelessness on Families and Children (Sept.
2015), at 113, https://www.icphusa.org/wp-content/uploads/2015/09/Effects-of-Homelessness.pdf.
75
National Health Care for the Homeless Council, supra note 72.
76
National Health Care for the Homeless Council, supra note 66.
77
Id.
78
Id.
79
U.S. Interagency Council on Homelessness, supra note 30.
80
Id.
81
National Health Care for the Homeless Council, Homelessness & Adverse Childhood Experiences: The
health and behavioral health consequences of childhood trauma (Feb. 2019), https://www.nhchc.org/wp-
content/uploads/2019/02/aces-fact-sheet.pdf.
9
instances of physical and emotional abuse, financial exploitation, and sex-trafficking while
staying in shelters, on the streets, and “doubled-up” with acquaintances, family, or
strangers.82

HUD has additionally recognized that children born into or experiencing

homelessness at an early age face many risks including physical, psychological, and
emotional harm. 83 The Center on the Developing Child at Harvard University, which has
studied the impact of early adversity on children’s development, has found that these risks
can lead to destructive changes in brain structure and functioning over time, leading to
lifelong problems.84 In fact, research shows that adverse childhood experiences are directly
tied to developmental delays and increased risk of a range of adult health problems,
including diabetes, hypertension, cardiovascular disease, stroke, obesity, and some forms
of cancer.85 Furthermore, childhood stress as it relates to homelessness is also attributed to
developmental delays, mental health problems, poor cognitive outcomes, and depression, 86
as well as chronic and acute health issues, poorer educational outcomes, and increased
exposure to intimate partner and family violence.87 Children’s health suffers significantly
due to homelessness, as children who are homeless not only have poorer overall health, but
also limited access to ongoing health and dental care. 88 Homeless children suffer from
chronic illnesses, including heart disease and neurologic disorders, and acute illnesses such
as minor upper respiratory infections at twice the rate of the general ambulatory
population.89 Due to poor nutrition, they are seven times more likely to experience iron
deficiencies, which can lead to anemia, and are more prone to asthma. 90

As it relates to educational outcomes, children experiencing homelessness are less

likely to have positive outcomes over the course of their lives. 91 They are nine times more
likely than their peers to repeat a grade, and less likely to graduate from high school, as
grade repetition is linked to increased rates of dropping out of high school. 92 High school
dropouts have higher unemployment rates, lower earnings, are twice as likely to live in
poverty, face incarceration rates 62 times higher than college graduates, and end up costing
taxpayers an average of $292,000 over a lifetime.93 The proposed rule is detrimental to the

82
Id.
83
HUD Analysis of Rule, supra note 4, at 9 n.8.
84
Center on the Developing Child at Harvard University, The Impact of Early Adversity on Children’s
Development (InBrief) (2007), https://developingchild.harvard.edu/resources/inbrief-the-impact-of-early-
adversity-on-childrens-development/.
85
Center for the Developing Child at Harvard University, Five Numbers to Remember about Early
Childhood Development (2017), https://46y5eh11fhgw3ve3ytpwxt9r-wpengine.netdna-ssl.com/wp-
content/uploads/2017/11/Five-Numbers-to-Remember-About-Early-Childhood-Development-updated-
1.pdf. See, generally, id.; National Health Care for the Homeless Council, supra note 81; Institute for
Children, Poverty & Homelessness, supra note 74.
86
U.S. Interagency Council on Homelessness, supra note 30.
87
Institute for Children, Poverty & Homelessness, supra note 74, at 111.
88
Institute for Children, Poverty & Homelessness, supra note 74, at 113.
89
Id.
90
Id. Asthma—which affects one-third (33%) of homeless children in New York City shelters (compared
with 13.0% of children citywide)—is endemic in old, crowded buildings with high exposure to smoke and
other allergens. Id.
91
U.S. Interagency Council on Homelessness, supra note 30.
92
U.S. Interagency Council on Homelessness, supra note 30.
93
Jason M. Breslow, By the Numbers: Dropping Out of High School, FRONTLINE (Sept. 21, 2012),
https://www.pbs.org/wgbh/frontline/article/by-the-numbers-dropping-out-of-high-school/.
10
health and wellbeing of American children, and in the long-run, will prove to be financially
detrimental as well.

4. The proposed rule will result in increased costs for New York City.

In addition to the unacceptable moral cost, the financial cost of homelessness in

New York City is staggering. By forcing families to leave the only home they can afford,
HUD’s proposed rule would increase New York City’s spending on its homeless
population.

New York City provides shelter for a tremendous volume of individuals who lack
stable housing. The City set a disturbing record in Fiscal Year 2018, when an all-time
record 133,284 unique individuals spent at least one night in a shelter run by the New York
City Department of Homeless Services. 94 The City set another unfortunate record in
February 2019, with the number of single adults sleeping in shelters each night peaking at
18,212.95 This represents a 150 percent increase from 2009. 96 In Fiscal Year 2018, it cost
an average of $47,000 to provide emergency shelter to a single adult. 97 Over the past
decade, the number of homeless families increased from 9,600 to more than 15,000. 98 In
Fiscal Year 2018, it cost an average of $81,700 to provide emergency shelter to a family. 99

The City’s share of the cost to provide shelter to homeless New Yorkers grew by
nearly $800 million from 2011 to 2018.100 Notably, between Fiscal Years 2011 and 2018,
the City paid 92 percent of the increased shelter costs not covered by the federal
government.101 The Planned Fiscal Year expenditures for city agencies working to address
homelessness is $3.5 billion. 102

One of HUD’s goals is, ostensibly, to save money. However, HUD admits in its
Regulatory Impact Analysis that “some studies have found that the costs associated with
homelessness could range from $20,000 to $50,000 per person per year.”103 HUD rightly
recognizes that a massive expense arises from “the provision of transitional shelters and
community supports, emergency services, health care, and criminal justice system.” 104 This
is particularly true in New York City, where our homeless shelter system costs over $2.3
billion per year.105

The thousands of residents displaced by HUD’s misguided proposal would

contribute to the City’s high shelter fees and emergency services costs. This is completely

94
Coalition for the Homeless, supra note 51, at 5.
95
Id.
96
Id.
97
Id. at 22.
98
Id. at 1.
99
Id. at 22.
100
Id.
101
Id.
102
New York City Department of Homeless Services, Interagency Homelessness Accountability Council
(IHAC) 2018 Report (2018), https://www1.nyc.gov/assets/dhs/downloads/pdf/2018_ihac_final_report.pdf.
103
HUD Analysis of Rule, supra note 4, at 16.
104
Id.
105
Coalition for the Homeless, supra note 51, at 1.
11
avoidable. It is important to note that, while current law permits mixed households to
receive federal housing assistance, the amount of assistance they receive is prorated.106
This means that undocumented persons are not receiving financial assistance from HUD. 107
This policy would increase expenses for New York City without reducing them for the
federal government, all while forcing families into homelessness and attacking the dignity
of New York City’s immigrant population. The proposed rule thus values the continued
xenophobic demonization of immigrants more than it values fiscal gain.

New Yorkers have limited options for housing. It is both unconscionable and
unaffordable for the government to take those options away.

5. HUD’s own analysis of the proposed rule reveals that there are no benefits to
offset the increased costs.

Under the proposed rule, HUD would be forced evict up to 108,000 people
receiving benefits, most of whom, according to HUD, are some of the most reliable tenants
when it comes to paying rent on time. 108 The proposed rule, if enacted, would require public
housing administrators to verify the immigration status of every resident every year, as
well as issue eviction notices and potentially go through battles with individual families. 109
HUD’s Chief Operating Officer has stated that HUD would “bear the brunt of the expense
of having to completely evict and go through the court action of having to evict these
families” and that HUD would be “on the hook for having to pay for that.”110 For cities like
Los Angeles, where at least 30 percent of public housing occupants are households that
could be caught in the crosshairs of this policy, the enforcement would cost nearly $10
million. 111

In addition, in HUD’s own analysis of the proposed rule, HUD states that the
removal of prorated subsidies would cost HUD an estimated $193 million to $227 million
annually to serve the same number of individuals. This means that Congress would either
need to significantly increase funding to the public housing and Housing Choice Voucher
programs or serve significantly fewer households. 112 HUD admits that in the most likely
scenario, HUD would have to reduce the quantity and quality of assisted housing in
response to higher costs.113 Given that our city is currently in the midst of a housing
crisis,114 decreasing the quantity of housing and providing families with substandard
housing is unacceptable and contrary to HUD’s mission. 115 Furthermore, all of the
aforementioned costs will trickle down to taxpayers.

106
HUD Analysis of Rule, supra note 4, at 5-6.
107
Id.
108
Zack Budryk, supra note 11.
109
Id.
110
Id.
111
Id.
112
HUD Analysis of Rule, supra note 4, at 3.
113
Id.
114
NYC.gov, supra note 43 (“New York City's shortage of affordable housing has reached a crisis point.”).
115
U.S. Department of Housing and Urban Development, supra note 5 (HUD states its mission is to “meet
the need for quality affordable rental homes”).
12
 By HUD’s own admission, there is no fiscal benefit associated with this proposed
rule, which begs the question: what exactly is the benefit of this proposed rule? Who would
benefit from it? This proposed rule would make thousands of families homeless or tear
them apart. It would exacerbate overcrowding and rent burden. It would increase
homelessness. It would result in increased mortality and poor health and educational
outcomes for families and children. It would increase costs for localities and taxpayers. In
short, it would be disastrous.

There is no evidence that taking away a family’s housing benefits anyone. On the
other hand, housing assistance can change the course of a family’s life. To better
understand how housing assistance can help lift households out of poverty and
consequently impact health, we can turn to HUD’s own five-year Family Options Study.116
This study shows that providing families experiencing homelessness with access to a
permanent housing subsidy can lead to significant spillover effects, including dramatic
reductions in family separations, domestic violence, psychological distress, food
insecurity, and school mobility. 117 For example, this study shows that when compared to
their peers whose families were on the wait list for subsidized housing, children living in
subsidized housing were more likely to be food secure, less likely to be seriously
underweight, and more likely to be classified as “well” on a composite indicator of child
health. 118

HUD’s own analysis of the proposed rule is evidence enough of why it is a cruel
and problematic proposal. We, the Council of the City of New York, are strongly opposed
to this proposed rule. It will harm our city’s residents irreparably. It will increase poverty
and homelessness. It is also unjust, discriminatory, and runs counter to our city’s and our
country’s values. We, as a legislative body representing over 8 million people, value the
immigrants that make our City great. We urge you to do the same by abandoning this
proposed rule.

Sincerely,

COREY JOHNSON
Speaker

116
U.S. Department of Housing and Urban Development, The Family Options Study,
https://www.huduser.gov/portal/family_options_study.html (last visited Jul. 2, 2019). The Family Options
Study was a multi-site random assignment experiment designed to study the impact of various housing and
services interventions for homeless families. HUD launched the Family Options Study in 2008 in response
to Congressional direction and with the goal of learning more about the effects of different housing and
services interventions for homeless families. Id.
117
U.S. Department of Housing and Urban Development, Family Options Study: 3-Year Impacts of
Housing
and Services Interventions for Homeless Families, at iv (October 2016),
https://www.huduser.gov/portal/sites/default/files/pdf/FamilyOptionsStudy_final.pdf.
118
U.S. Interagency Council on Homelessness, supra note 30.
13