Creating Communities That Thrive… reflections on leading a housing organization
On re-entry
Karen DuBois-Walton, Ph.D.
I recently had the opportunity to sit within a circle of women who were discussing the challenges of their re-entry after a period of incarceration. I was moved beyond measure by their honesty, their accountability and their insights into systems and situations that had led to their incarceration and their reflections on the system of mass incarceration and the challenges of re-entry. In honest conversations, these women spoke of the economic challenges and personal and interpersonal situations that led them to commit a criminal act. They spoke of services that they wish had existed at earlier points in their lives that may have addressed their need for education, job skills, employment, self-esteem and relationship skills that may have changed their trajectory. They longed for diversion programs that may have offered options for restorative justice, treatment for behavioral health issues and parenting programs. They offered thoughts on alternatives for parents who are convicted – alternatives that lessen the impact and trauma experienced by their children as a result of the separation. They spoke of what they wished the incarceration system had offered in terms of healthcare, treatment and wellness programs, education, job training and more that would actually serve to rehabilitate souls and prepare them for re-entry. And together we dreamed of a re-entry system that offered services, basic needs, employment, changed attitudes and forgiveness for those who had served their time.
These conversations are important as re-entry touches all of our communities. As many of 100 million US adults – nearly one-third of the population- has a criminal record of some sort according to the US Department of Justice’s Bureau of Justice Statistics[1]. The majority of these records are misdemeanor crimes not felonies. The New England states represent 5.3 million of these adults. Our mid-sized cities are home to a disproportionate number of returning adults. While CT specific statistics have been difficult to gather, it is known that New Haven welcomes home over 100 returning citizens each month who have completed their sentence or are on probation or parole[2].
New Haven was the first CT city to create a re-entry office within City Hall to specifically focus on the needs of this population. Early on lack of housing was identified as an important barrier to successful re-entry. Beginning in 2009, Elm City Communities/Housing Authority of the City of New Haven (ECC/HANH) began partnering with the City’s re-entry office to create housing opportunities specifically aimed at this population. Our initiative has grown over the years and remains rooted in the fundamental beliefs that “we are not our worst moments” and “everyone deserves opportunities”. Believing in both of these tenets, we have offered opportunities to house hundreds of returning citizens through initiatives that offer opportunities without sacrificing the security of our developments.
Long before the federal government offered guidance to housing professionals on the Fair Housing implications of the use of criminal background records in selecting residents[3], ECC/HANH had adopted revised screening protocols that removed the conviction history from becoming a barrier to accessing housing services. Beginning in 2009, ECC/HANH introduced pathways to housing that allowed returning individuals to be added to the lease of an existing household or access their own unit or voucher through specific set-aside waitlists for returning residents. Individuals housed through these pathways undergo a revised screening that does not deny them upon discovery of a criminal conviction. Instead, returning individuals apply through a process whereby they are able to provide evidence of their rehabilitation through attestations of a probation or parole officer, recommendation of employers or treatment providers and statements made on their behalf by individuals who could provide evidence of successful re-entry.
Rather than receiving a denial upon application, returning individuals are offered an opportunity to account for what had occurred in their past by offering testimony to what they had done subsequently and are currently doing to make a new start. In other words, they are offered an opportunity to be more than their worst moments. Through our revised criteria we are able to consider individuals with most any type of conviction excluding those that HUD requires we deny[4] and arson which we have chosen to deny.
By allowing individuals to join or re-join an existing lease we provide the most access to returning individuals. This conceptually provides access to over 6,000 units of housing[5] because any of our assisted families could request to add a family member to their lease. Individuals with a re-entry background are subject to our revised screening criteria which disregards most convictions (not the HUD mandatory nor arson) when the applicant can supply mitigating information such as positive employment history, verification from probation or parole, community service providers, treatment providers etc.
Additionally, beginning in 2009 we set aside a number of units within our portfolio that are specifically for the returning population. We assess this number annually seeking to grow our ability to set aside units. ECC/HANH partners with the City’s Fresh Start and Warren Kimbro Re-entry Programs (WRKP). These partner entities screen and prioritize families for our waitlist. We then house them according to that priority level and our availability of housing units or vouchers. Again, all families housed through this manner are subject to our relaxed screening criteria. They receive housing and supportive services. When they no longer need services they “graduate”, however, they keep their housing. Their graduation opens a space for a new family to be housed through our re-entry program. We expanded our ability to house residents by offering access to a set-aside number of housing choice vouchers. These vouchers are also issued in partnership with city entities including WKRP and Project Longevity[6].
We have experienced great success in housing individuals and families through these initiatives as measured by lease compliance, improved employment rates and household income, and low recidivism and eviction rates. We attribute the success to these hallmarks of our program:
- Relaxed screening criteria so that people are not ruled out due to their criminal background
- No automatic denials (except for a few crimes that we are required to deny); instead everyone is given the opportunity to explain their situation
- Ability to join the lease of an existing household
- Dedicated units and set aside preferential waitlists for our units and vouchers
- Supportive services provided for all our families
- Partnerships with others who prioritize individuals on the waitlist and seek to house the most in need first
Finally, there are families who simply move their way through our waitlist process without the assistance of the re-entry program providers. For families that include an individual with a reentry background, we offer assistance here as well. In seeking to ensure that criminal background does not become a barrier to accessing our housing services, we have implemented a system where applicants called off one of our regular waitlists are notified as they reach the top of the waitlist. If upon background screening a conviction is revealed that falls within our “additional review period” (now a 3 to 5 year lookback for most things), they are sent a notice for additional review. Applicants may come in with or without an advocate for a review meeting. We consider the same mitigating factors that we use for our re-entry programs during this review. Applicants who successfully satisfy our review criteria move forward in the application process. Applicants who do not are then sent a letter of intent to deny. Applicants may disagree with that decision and afford themselves of the grievance procedure. Through this revised screening process many individuals whose conviction history is older than 5 years are never subjected to further screening and those with more recent histories can take advantage of the opportunity to explain their circumstances rather than receive an automatic denial for housing services.
While the average recidivism rate over 5 years in CT has hovered around 50 percent[7], ECC/HANH has shown much more optimistic results with our re-entry housing population. 66% of our returning residents are employed and have maintained their employment for more than 6 months. Each year between 33% and 50% have met all goals and graduate from the supportive services component of the program. To date, less than 10% have reoffended and left the program- a percentage significantly lower than the statewide average 5 year recidivism rate.
While ECC/HANH was ahead of most other CT housing providers in adopting these measures, it is surprising that more have not adopted our best practices. Given our track record of success with this population and more recent Federal guidance under the Obama Administration which has made clear the Fair Housing implications of relying on criminal background records to deny housing, all CT housing providers should be significantly revising their approach to background screening. Federal guidance outlines how the reliance on criminal history has a discriminatory and disparate impact effect on protected classes and may well represent a Fair Housing violation. Housing providers are well advised to look at their screening and admission policies to ensure alignment with the federal guidance.
CT policy makers have an opportunity to use their role to ensure that policies are updated. Many housing providers look to CT CHFA and Department of Housing for needed develop and operating resources for their affordable housing portfolio. CHFA and DOH should revise their funding awards to require compliance with Federal guidance on Fair Housing as it relates to criminal background screening. Funding awards should not be made to developers and operators who fail to meet this standard.
Further, needed housing resource needs to be devoted to providing housing opportunities for the re-entry population. All the efforts that ECC/HANH have made have been within its already too limited allocation of affordable housing resources. CT and Federal policy makers must be called upon to adequately invest in basic needs resources of affordable housing and to ensure that within that allocation the Fair Housing implications of housing the re-entry population are met.
And finally as a community, we must all counter the myth that housing cannot be obtained if you have a criminal background. This can be accomplished by sharing accurate information re. those housing providers like ECC/HANH who have already made needed changes and by pressuring other housing managers who have not yet complied to address the discriminatory processes that they employ. We should do this as a community because it is the law, and it is the right and moral thing to do. We must all continue to recognize the humanity in others knowing that none of us are our worst moments and all of us deserve opportunities to thrive.
I thank these brave women who shared such personal aspects of their stories. They reinforced my belief that we are doing the right work at ECC/HANH and challenged me to find ways to serve more and more returning families. They sparked powerful ideas for systems change that might realign investments into greater resource for efforts like ours to build communities that support healthy development; that reform our incarceration system into a system that actually rehabilitates; and that create environments into which people can return and be accepted without forever wearing a label created by actions conducted in their worst moment.
Karen DuBois-Walton is the Executive Director/President of the Elm City Communities/Housing Authority of the City of New Haven, CT. Trained as a clinical psychologist, Dr. DuBois-Walton has led the agency since 2008 integrating progressive housing policy, community development and social service provision in ways that create communities of opportunity for low-income residents in the City of New Haven. ECC/HANH’s vision is a New Haven where every resident has a safe and decent home that they can afford and opportunities to fulfill their goals.
[1] https://www.ncjrs.gov/pdffiles1/bjs/grants/244563.pdf
[2] http://www.phillytrib.com/news/new-haven-program-guides-those-released-from-prison/article_be648112-cd5f-53b6-8a40-d4f2b9d2790d.html
[3] US HUD Office of General Counsel Guidance on Application of Fair Housing Act Standards to the Use of Criminal Records by Providers of Housing and Real Estate-Related Transactions, April 4, 2016.
[4] HUD mandatory denials include anyone placed on the sex offender registry and those convicted of manufacturing methamphetamines on public housing property.
[5] This includes over 2,000 public housing units and over 4,000 Housing Choice Vouchers.
[6] Project Longevity is a federal, state and local partnership that seeks to intervene with individuals engaged in gang violence through a message of policing and supportive services.
[7] “The Criminal Population in New England: Records, Convictions, and Barriers to Employment.” New England Public Policy Center, Federal Reserve Bank of Boston, March 2017.