Journal Title
Journal of of Affordable Housing and Community Development Law
Volume
32
Issue
1
First Page
31
Document Type
Article
Publication Information
2023
Abstract
Demand for federally funded housing programs vastly outpaces supply. Moreover, the supply of those programs has been limited in their scope: namely, to U.S. citizens and certain legal residents. A patchwork of federal statutes and regulations, stitched together over years, made clear that undocumented individuals-a group estimated to number around 11,000,000 in 2022-are ineligible for various kinds of federally subsidized housing.
As a result, undocumented individuals-an already-vulnerable class of residents-were even more vulnerable to housing instability when the COVID-19 pandemic reached the United States in 2020. Ineligible for short term resources, such as unemployment benefits, as well as longer-term supports, such as housing choice vouchers, undocumented and other ineligible immigrants were poised to bear the brunt of the "eviction tsunami" that experts predicted would follow the economic disruptions of 2020.
But a funny thing happened on the way to the courthouse. Federal policy properly acknowledged housing instability as an acute crisis worthy of an expansive response inclusive of all residents, regardless of citizenship or authorization. American Rescue Plan Act of 2021 (ARPA) funding for emergency rental assistance (ERA) did not require recipients to demonstrate either U.S. citizenship or, critically, lawful presence. In this way, ARPA ERA funding mirrored other emergency funding programs, rather than flagship federal housing or income support programs.
Empowered to reach all members of their communities, states and cities conducted meaningful outreach with trusted stakeholders and facilitated streamlined assistance applications accessible to citizens, immigrants with lawful status, and undocumented residents alike. Even in jurisdictions with landlord-friendly eviction laws, public officials worked quickly and creatively to disburse ERA funds regardless of immigration status. These efforts, combined with eviction moratoria, expanded right to counsel in eviction proceedings, and undocumented individuals being overrepresented in essential workforce positions, contributed to a drop in evictions.
This equitable and inclusive approach to ERA eligibility should be a model for rental assistance programs well beyond the pandemic. As experts have noted, the eviction crisis in America predated the COVID-19 pandemic. And with the depletion of ARPA funding for ERA-as well as the expiration of eviction moratoria-evictions are rising once again across the country. The housing crisis remains a rolling, ongoing emergency for millions. Policymakers should continue to make aid available to all residents to mitigate the damage not only to individuals and families, but also to their communities.
Part I surveys eligibility requirements for federal housing and income assistance programs, establishing federal policy's baseline exclusion of undocumented residents from non-emergency programs that promote housing stability. Part II documents the shift towards expanded eligibility in COVID-19 relief programs and in ARPA, focusing on ERA's availability to non-citizens and undocumented residents. Part III highlights the city of San Antonio's effective approach to promoting, processing, and disbursing ERA funds. Part IV argues for the continued need for expansive ERA eligibility to combat housing instability beyond ARPA and the COVID-19 pandemic, as both inflation and limited housing supply impact residents regardless of immigration status.
Recommended Citation
Gregory M. Zlotnick, Facing Emergencies with Equity: Adopting ARPA's Emergency Rental Assistance Eligibility and Documentation Standards for Undocumented Individuals as a Model for Housing Stability, 32 J. Affordable Hous. & Cmty. Dev. L. 31 (2023).