[FoCHAT] News Flash! Bill for Road Home Rights Passes Senate Committee Unanimously

Thu May 8 21:35:53 PDT 2008

Dear Concerned Citizens,

  Sen. Shephard's Bill 740 (Road Home Program Applicants Bill of Rights)  was reported out of Senate Committee on Local and Municipal Affairs  (passed unanimously) today! This is the first step on its journey to becoming, we hope, law. This is a comprehensive bill that offers remedies for many, but not all, major RH problems. Please note that if we make the bill too broad, it might lessen its chance of passage. This should not be the final attempt, by any means, to make the RH fairer.

  In the near future, we will need your help in contacting your legislators as it goes to the next steps for passage. It is by no means certain that this bill will become law. So, please be ready to help. We also must guard that it will not be stripped of its effectiveness any where along its journey.

  1. By these internet networks, we will give you in easy format the information you need to spend only 2-10 min in support of this bill, when it requires constituent input to help it become law.

  2. If any of you or your friends are lawyers who would like to offer us a very little pro bono help with this, please send me an email with "SB470 legal help" in the subject: mehrlich8 at yahoo.com. One of the CHAT members will organize this.

  3. If you would like to be especially active in enlisting support for this legislation, please send me an email with "SB470 passage help" in the subject: mehrlich8 at yahoo.com One of the CHAT members will organize this.

  The posted bill 
  http://www.legis.state.la.us/billdata/streamdocument.asp?did=480401 

  is missing many amendments that will be added to the text, most of which were already approved by the committee. We will update you on those via the CHAT newsletter.  (Sign on at a link at our website http://chatushom.com; you need only give your email address, which is shared with no one else. You will receive only a few informational emails a week). 

  If the bill becomes a law, this important 22-page document could give critical relief to thousands of applicants with grant problems, including dispute resolution and appeals problems.

  CHAT suggested the legislative approach and key elements in this bill to Sen. Shephard, who enthusiastically worked on this legislation. Frank Silvestri, CHAT Co-Chairman and a lawyer, gave major input into the bill and received help and insights from Davida Finger, staff attorney at Loyola Law Clinic, and myself. Without Frank's invaluable ideas and expertise, tens of thousands of applicants would have a much harder time with the RH. It was Frank who first suggested and developed a Road Home Bill of Rights, which was endorsed by 4 city councils, and adopted with minor modifications by the LRA as the Statement of Principles which you can read from a link on the first page of the RH web site. 

  Sen. Sheppard introduced and developed the excellent idea of the RH Inspector General in the bill. He and the legislative staff, especially Jay Lueckel,  did a fine job of shaping it. Tom Wade and Jerry Jones gave me very helpful answers to my many questions. The bill received extra help today from judicial-branch state officials in pointing out the need for some fine-tuning amendments that make it more workable.

  I am very grateful to Sen Shephard for his leadership in organizing the four town hall meetings on the Road Home program held in the last few months in addition to his sponsoring this bill. Those meetings were eye-openers and centered on the applicants' needs, which is rare for government-sponsored meetings.

  In addition, Sen. Sheppard gave a strong statement to the committee as he introduced his bill.

  The committee was excellent during the meeting. 

  In particular, it is so heartening that Sens. Cravins, Crowe, Gray and Lydia Jackson have signed on as co-sponsors of this bill. Wecan  all feel good about this level of government leadership that is constructively connecting with the needs of their constituents.

  It is most interesting to report that, contrary to the usual procedure when there is a major innovative bill, no one spoke in opposition to it.

  I want to sincerely thank the following individuals who interrupted their normal work and came to the Senate committee meeting at my request to support the bill and to show that this is broadly understood to be urgently needed.

  Davida Finger, Staff Attorney, Loyola University N.O. College of Law

  Seth Weingart   Hurricane Relief Specialist
  Greater New Orleans Fair Housing Action Center
  Internet: www.gnofairhousing.org

  Annie Clark
  PolicyLink

   Dominique Duval-Diop
  Senior Associate 
  PolicyLink
  www.policylink.org

  Juge, Allison S, Paralegal, CHAT 

  Alice Weiss, CHAT
  4/10
  Homer Branch, CHAT

  Here is the handout that I gave all the Senators on the committee.

    Why Is Passage of  SB740 for Rights for Road Home Applicants Essential?  5/8/08

  ·         The following rights for Road Home (RH) applicants are formally RH policy but have often been denied to homeowners by ICF; the state executive branch has failed to correct these problems

  Ø       Many applicants are still being denied access to their complete files by the ICF and still told that they cannot have access to their own data (in contradiction to RH Policy #189G).

  Ø       Many applicants are still being denied written notice of award amounts, dispute resolution decisions, and appeals decisions (in contradiction to RH Policy #189G).

  Ø       All applicants have not been given notice that they are entitled to a written description of the current status of their application and details of missing information; a field review appraisal of any previously rejected homeowner-supplied appraisals; and details about their dispute resolution status and outcomes (in contradiction to RH Policies #188G, 189A, and 100C). 

  ·         Applicants need a right to de novo appeals under improved appeals procedures and with a copy of their file so that they can know exactly what mistakes they are appealing

  Ø       LRA has said that they will not do this even though RH policy provides for extending new appeals if the RH has a “significant” pro-applicant policy change (as stated in RH Policy100C)

  Ø       Many applicants have been given confusing information about appeals & missed their appeal deadline 

  Ø       There has been a chilling effect on appeals that has dissuaded applicants from appealing, e.g., applicants are prohibited from applying for “elevation incentives” if they are currently in appeals 

  Ø       Many applicants missed the chance to appeal because their dispute resolution was left in limbo precluding them taking the next step of a formal appeal
  The state has given extensions to ICF since Aug. 1, 2007, to prove that they don't owe a fine for up to thousands of applicant disputes resolution that are unaccounted.

  Ø       Feb. 6, 2008 LA Legislative Audit: “We took a sample of 33, or 4%, of the 777 [dispute resolution] issues to determine how they were closed. We could not determine how 27 of the 33 (82%) files were closed because the comments did not provide sufficient details.”

  ·         Applicants should not have to pay back grant money for RH mistakes because:
  Ø       this disaster was unprecedented & the grants are often insufficient for rebuilding
  Ø      the high error rate of ICF: more than half of applicants who did appeals won an average >$30,000 
  Ø      the difficulty that applicants have had in trying to get explanations of their award amounts
  Ø       the complexity of the rules for grant determination and their changing applications.

  ·         If this legislation does not pass, many 1000’s of applicants will remain shortchanged on their grant  & will lose homeownership, not return to Louisiana, or have great financial hardship

  LRA should report monthly to the Senate about how the funds are being spent. 
  The RH program expires on June 11, 2009, and yet so many applicants have been shortchanged or wrongfully denied a grant with inadequate attempts at correction & further constriction of rules and services.
  For example, Easter Seal services for handicapped was discontinued, law services for indigent applicants is at risk, and applicants who sold at a loss were told that they probably will get not grant even though many sold because of mold and health problems.

  From one of 1100 responses to our online survey (chatforfairness.org): “Something needs to be done about the ICF and something needs to be done immediately to help the citizens of Louisiana. We have been flooded and storm ravished over and over again. when is it going to stop. DOES ANYONE CARE about the injustice........”

  CHAT supports the passage of SB740 provided that the legislature insures its final wording affords due process and equal protection to all persons, natural or legal, who may be affected by its passage.

  Melanie Ehrlich and Frank Silvestri, Co-Chairmen of the Citizens’ Road Home Action Team (CHAT; http://chatushome.com)

  Since the bill was reported out of committee this morning the Louisiana Housing Alliance (representing 113 organizations) has agreed to support the bill.  We encourage more organizations to support it. One of the CHAT members will organize this.

  Lastly, I want to thank the many coreCHAT members who attend our meetings and form the backbone of our organization. As usual, Wed. evening we had a lively meeting at which this bill was unanimously endorsed by those present.  I am proud of coreCHAT members who have stuck with our group for many months and some for well over a year. Some of these people keep coming and helping and encouraging even though they received their RH grant with no outstanding issues long ago.

  Best wishes and enjoy the re-affirming feeling associated with today's outcome in the Senate Committee on Local and Municipal Affairs!

  Melanie Ehrlich
  Founder, CHAT

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