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House Co-Sponsorship Memoranda
House of Representatives
Session of 2015 - 2016
Regular Session
MEMORANDUM
| Posted: | March 3, 2015 02:19 PM |
|---|---|
| From: | Representative Vanessa Lowery Brown |
| To: | All House members |
| Subject: | CLARIFYING ELIGIBILITY FOR FEDERALLY-ASSISTED HOUSING |
| In the near future, I intend to introduce legislation amending the Pennsylvania Housing Authorities Law for the purpose of defining the term of ineligibility regarding certain applicants for federally-assisted housing. As many of you are aware, federal statute (42 U.S.C. § 13661) governs housing authorities and their ability to deny certain applicants for federally-assisted housing due to a previous criminal conviction. However, federal law also states that after the expiration of a “reasonable period” of time, a housing authority may consider sufficient and compelling evidence as is necessary to determine that an applicant has abstained from engaging in criminal activity for the purpose of approving their admission to federally-assisted housing. At first glance, it would seem as if this statute provides formerly convicted persons with an adequate form of recourse. However, due to the ambiguity of the phrase “reasonable period,” the law essentially grants housing authorities broad discretion in interpreting and defining what “reasonable” means. The impetus for this legislation is the multitude of Pennsylvanians, both within my district and beyond, who have lamented their frustration at the fact that they are being denied admission to federally-assisted housing due to a criminal conviction that they incurred decades prior. These individuals, who oftentimes were immature and misguided youths during the commission of their initial offense, have wholly paid their debt to society and have for years led productive and honest lives. Nevertheless, at the discretion and whim of any given housing authority, I have found that many of those affected, whom are of advanced age (i.e., in their 50’s, 60’s and even 70’s) and decades removed from their offenses, are still unjustly saddled with a seemingly inextinguishable debt to society. In light of this occurrence, what this legislation proposes to do is to further define the term “reasonable,” as it is applicable in our Commonwealth in the following manner: “Any period of time that is indicative of successful rehabilitation or active abstention from the engagement in criminal activity not to exceed ten years following the most recent conviction or period of confinement resulting from the conviction of an applicant that is sixty-two years of age or older or that does not exceed twenty-years following the most recent conviction or period of confinement resulting from the conviction of any otherwise eligible applicant.” It is also important to note that the provisions of this legislation would not be applicable to individuals who are subject to lifetime registration under Pennsylvania’s sex offender registration program, as is expressly prescribed by federal law. Therefore, I ask that you please join me in wielding Pennsylvania’s discretion in a manner that further incentivizes the rehabilitation and productivity of its formerly convicted citizens. If you should have any questions or concerns regarding this legislation, please contact Brandon J. Flood at (717) 772-6955 or bflood@pahouse.net. |