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Since the 1980s in the United States, as a continuum of care has developed to respond to the day-to-day needs of individuals and families who are homeless, very little attention has been paid to the civil rights issues involving shelter, housing, and service providers and the rights of homeless people themselves. Often, the law has the effect of protecting entrenched interests, thereby magnifying the advantage of those who have accumulated wealth or power. But civil rights laws, which are designed to provide equal opportunity and to prohibit discrimination by public and private entities, have had a great leveling effect. More vigorous enforcement of fair housing laws could both expand the supply of housing for homeless people and dramatically reshape the way such housing is operated.

Poverty and Disability Contribute to Homelessness

While many social problems may be entangled in the issue of homelessness, one of the most critical problems is the nation's general scarcity of affordable housing. Whether a person's homelessness is described as situational or chronic, poverty has likely been a major ingredient in losing one's permanent housing. Rental housing in many cities is entirely out of reach for individuals and families who rely on welfare, disability, or veterans’ benefits to survive. Starting in the 1970s, as the federal government reduced its financial support for subsidized housing and as redevelopment claimed previously affordable housing in the private sector, more and more people with mental and physical disabilities and addiction disorders fell into homelessness. By 1992, a federal task force on homelessness estimated that at least one-third of homeless people had severe disabilities.

What Kind of Housing and Services Do Homeless Individuals and Families Need?

Because of the failure (or inability) of the mainstream rental housing market to accommodate homeless individuals and families, many social service agencies have entered the housing business, becoming landlords. Their choice of housing models has profound implications for providers and homeless people under the Fair Housing Act. To the extent that a larger institutional model is chosen, it is more difficult to argue that such housing belongs in residential neighborhoods. To the extent that shelter, transitional, and supportive housing congregate people on the basis of homelessness or disability status, the housing becomes identifiable as a place for people with social problems. On the other hand, approaches that emphasize smaller programs and scattered-site housing that mixes homeless and disabled people with mainstream residents are less likely to engender community opposition and more likely to help clients achieve reintegration into the community.

When homelessness came to public consciousness in the 1980s, it was thought to be a state of temporary dislocation, and the public policy response clearly accepted that premise. By the early 1990s, it was clear that, for many people, homelessness was not just structural or situational, but might continue for months or years. The “continuum of care” approach promoted the development of a wide array of housing models and services to help people who had hit bottom to reconnect with housing and employment. Often this approach has required people to move from one place of residence to another, eventually graduating back to independent housing if they can convince their caseworkers that they are responsible enough to do so.

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