The Biden administration banned housing discrimination based on a person's sexual orientation and gender identity, but the gain in protections for the LGBTQ community could be tenuous.

President Joe Biden signed an executive order last year, directing the U.S. Department of Housing and Urban Development to prohibit discrimination under the Fair Housing Act.

Pam Bean, executive director of Montana Fair Housing, noted the protections were not put into place permanently under the law.

"It was done through executive order, so that can be changed very easily with the next round of elections and who becomes president," Bean pointed out.

Political rhetoric attacking the LGBTQ community ramped up in the lead-up to the midterm elections. In an assessment of the state's policies toward the community, the Movement Advancement Project rates Montana "low."

Bean observed discrimination toward LGBTQ people is still prevalent in the housing realm. She used the example of putting up decorations for the holidays, such as Christmas or Thanksgiving, which is not something a landlord typically receives a complaint about. But it is not always the case for someone who puts up a rainbow flag, for instance.

"Should someone display materials or decorations that involve sexual orientation and/or gender identity support or affiliation, suddenly they start experiencing corrective action notices, up to eviction," Bean noted.

Bean added discrimination has likely been rising as LGBTQ community members have felt more comfortable expressing themselves.

"There has been an increase," Bean reported. "And the increase has occurred because people are more open about their belief system than 'staying in the closet' that has had to occur historically."

Bean emphasized people who believe they have experienced discrimination based on their sexual orientation or gender identity can reach out to Montana Fair Housing or the U.S. Department of Housing and Urban Development.

High rent prices are draining the budgets of many Nebraska renters, who are paying between 30% and 50% of their income on rent.

In some parts of the state, this affects nearly half of renters - and evictions are on the rise. The first six months of 2023 saw almost 1,400 more eviction cases than at the same time in 2022.

Scott Mertz, director of the housing unit at Legal Aid of Nebraska, said tenants with financial difficulties and facing eviction will usually qualify for their services. He said they're often able to get people a "better outcome," which may allow them to stay in place.

"If that's not achievable," he said, "the next stage is a combination of how much time we can help somebody get to get somewhere else and avoid that court order - that judgment being on their record."

Mertz stressed that an eviction stays on a person's record for decades, which can limit future rental opportunities and lead to job loss, health problems and even homelessness. As of this week, Nebraska Investment Financing Authority has begun accepting applications for rental and utility assistance from people in a large part of the state.

NIFA Executive Director Shannon Harner said $48 million of COVID-related Emergency Rental Assistance Funds is available for people outside the Omaha and Lincoln areas, which received their ERA funds earlier. She said the money is to help stabilize households that are struggling to afford rent and utilities.

"In that application, they can apply for past-due rent, and up to three months of future rent," she said. "There are priority households that may be able to come back and request yet additional assistance beyond that, and those qualifications are at Nebraskarenthelp.org.

Information is also available through the NIFA call center at 844-429-6575.

Mertz said renters facing eviction need to know their rights, which includes how much notice they're entitled to.

"If you're in public housing; if you have your rent subsidized - typically what's called Section 8 - you should get 30 days," he said. "But also, in properties who are getting a federal benefit because their financing comes through federal programs, individuals should get the 30-day notice."

Nebraska law only requires that landlords give renters seven days' notice. Mertz said people at risk of eviction should call Legal Aid of Nebraska as early in the process as possible, to find out about their rights and whether they qualify for representation. The Statewide Accessline is 1-877-250-2016.


get more stories like this via email

A lack of housing options, mental-health challenges and a lack of connections and support have combined to drive an uptick in the number of foster youth facing homelessness in Louisville.

According to a new Kentucky Youth Advocates report, more than half of survey respondents experienced homelessness while waiting on an apartment or stable housing to become available.

Tatum Heath, 22, a foster-care alumni advocate with Kentucky's True Up Peer Network, explained that many young people are navigating a lifetime of trauma, which can make securing housing more difficult once they're no longer in the care of the state.

"It's hard for us to feel motivated when we haven't really ever felt that encouragement from family," Heath said. "A lot of us don't really have a mentor or a trusted adult to look up to for that motivation."

Former foster youths can wait up to six months for housing that will accept Section 8 vouchers. According to the report, slow processing of assistance payments for deposits and a lack of safe shelter options are contributing to more young people living on the street.

Foster-care alumni advocate Damareus Jackson-Martin now lives in his own apartment, but said the process wasn't easy "because that's usually what the difficulty is, they're just in fear of asking for help. So now they're struggling, more than they have to, when there's somebody who's out there willing to do the job."

Cynthia Schepers, a peer coach coordinator with Kentucky Youth Advocates, said resources are available to help navigate housing and other basic needs - but amid the pressures of adulthood, many former foster youths aren't aware of resources or don't seek them out.

"We need everybody in our community to reach out and find young adults who are disconnected from services," Schepers said, "and show them what options they have, because there is no 'one-size-fits-all' solution."

The report called for the state to ensure housing options for at least one year after youths leave foster care, encourage community drop-in centers to extend hours of operation, and create a 24-hour crisis hotline for foster alumni, among other solutions.

By Ilana Newman for The Daily Yonder.
Broadcast version by Eric Galatas for Colorado News Connection for the Public News Service/Daily Yonder Collaboration

Kevin Connor spent a few months living in the Bridge Homeless Shelter transitional housing when he first moved to Cortez, Colorado, after getting out of La Plata County Jail. The Bridge has 12 transitional housing units with most residents paying under $200 a month for housing. 

After leaving the Bridge, Connor lived in a hotel for a bit but was paying more than $400 a week and found it unsustainable. After that, he lived in a storage room at one of his workplaces for four months. 

Connor couldn’t afford a rental in Cortez even while holding multiple jobs.

According to a housing needs assessment, presented at a city council meeting for the City of Cortez, Montezuma County, Colorado, has had the greatest rate of housing cost increases in the State of Colorado between 2018 and 2022 — 16% per year.

Most importantly, for people like Connor who need an affordable place to rent, there are very few rentals that fit the definition of “affordable housing,” which means that they are available for less than 30% of the area median income. In Cortez, for a one-person household, this is around $863, according to Colorado’s Baseline Assistance Tool. During the time of this reporting, the Daily Yonder was able to locate fewer than five rental offers on local rental websites that fit that price range.

In 2022, Colorado voted to approve Proposition 123, which modified the state’s affordable housing programs to create a State Affordable Housing Fund. Several hundred million dollars will be available for municipalities, counties, and tribes to implement affordable housing. To receive the funding, however, municipalities, counties, or tribes have to commit to raise their affordable housing by 9% in three years above a baseline number, determined by the Baseline Assistance Tool. 

Numbers Matter

The issue is that some of the data provided by the Baseline Assistance Tool is wrong. 

According to the tool, the town of Dolores (also in Montezuma County), which has a population of 805, has 334 available units, and 282 affordable units. But the Town of Dolores has 543 households, which would mean that half of the households in Dolores are living in affordable rentals, which is untrue. According to the Tool, this means that Dolores needs to create 30 new affordable units in the next three years.

“There’s not a place to put 30 units in Dolores,” said Shalako Powers, who is currently working on updating this incorrect data. “It’s confined by walls of the canyon on both sides and then a hill coming out on the west and a river canyon on the east. Where are you going to put 30 units in Dolores?”

Powers works for Region 9, the economic district that contains Montezuma County as well as the neighboring four counties that make up Southwest Colorado. Region 9 is a nonprofit community economic development corporation that works closely with the counties and cities on projects like housing, broadband, transit, and other types of economic development.

When Powers spotted the discrepancy in the data, which was originally presented in a publicly available spreadsheet, he worked with the Colorado Division of Housing to develop the Baseline Assistance Tool. Municipalities are required to use this data, but the Baseline Assistance Tool allows the user to adjust for inflation, housing size, and other variables. This means the number can get closer to what feels reasonable for municipalities to commit to. 

But even after committing to Proposition 123, municipalities are then only eligible for the money from the Affordable Housing Fund. Nonprofits, developers, or governments can apply for the grant but are not guaranteed funding. Powers is worried that even if the towns or counties in Southwest Colorado did commit to Proposition 123, they would not receive the funding. 

“Proposition 123 failed in Montezuma County,” said Powers in a Daily Yonder interview. “It did pass as a state but it failed here. My concern is that we’re going to see what we always see. The taxpayers of our rural areas aren’t going to get their money back in their tax refund and none of that money is gonna come back here to provide housing and the people here are just going to get screwed like they always do.” Powers referred to how Proposition 123 passed by 52.6% for the state of Colorado, but lost by 54% in Montezuma County, reflecting the community’s conservative-leaning politics and lack of belief in the solution behind Proposition 123. 

Powers thinks that cities and counties on the Front Range — where the population centers of Denver, Colorado Springs, and Boulder are located — will get the majority of the money because they have grant writers who can pursue it, compared to the more rural areas on the Western Slope where there are fewer staff able to pursue funding. Municipalities have until November 1, 2023, to submit their commitment to qualify for funding. 

A Universal Problem

In the days following the Daily Yonder interview, Connor secured housing – a $750 trailer in Cortez. But he said about the unit that “The entire park should have [been] condemned 20 years ago. These places are almost 50 year old dumps. I also think what I’m in right now was condemned at some point.”

Daniel Stern, communications and outreach manager for the Washington, D.C.-based Housing Assistance Council, said that other rural areas around the country are facing similar challenges around housing availability and affordability. The common issues he sees are lack of supply, aging supply, and a challenge with scaling construction in rural areas. 

“In a rural area, if you need 40 homes or a multi-family house, it’s harder to make that profitable for construction,” Stern said. “That’s why you see so much luxury construction because that’s what pencils out the most unless you use some of the federal programs that are built for building out affordable housing. But those programs… really, really work once you get to a certain scale and that scale is hard to achieve in rural areas.”


Ilana Newman wrote this article for The Daily Yonder.


get more stories like this via email