What’s the Problem?
Homelessness in the United States is both widespread and perpetuating, driven by various complex factors. Among these, a stark connection is evident between individuals with prior criminal histories and their vulnerability to homelessness. While this correlation is not surprising, it is striking how little has been done to address this enduring issue.
Compelling statistical evidence underscores the high likelihood of homelessness among individuals with prior criminal records. The following is a mere glimpse into the expanding body of research in this domain:
- According to the Bureau of Justice Statistics, an estimated 600,000 to 650,000 incarcerated individuals are released from state and federal prisons each year.
- The Maryland Department of Public Safety and Correctional Services projects that in 2023, 1,856 formerly incarcerated individuals will return to low-income communities where resources are notably scarce.
- Remarkably, jails and detention centers release as many as ten times more people, potentially culminating in a combined release of up to 20,000 individuals.
- Formerly incarcerated individuals face a staggering tenfold higher risk of experiencing homelessness when compared to the general population (Couloute, 2018).
- Research by the National Low-Income Housing Coalition in 2021 indicates that formerly incarcerated individuals lacking stable housing are twice as likely to reoffend compared to those with stable housing.
Individuals released from state and federal prisons often lack the means to secure private housing independently or qualify for public housing. Furthermore, public housing authorities and federally assisted housing owners retain the discretion to deny housing to individuals evicted from federally assisted housing due to drug-related criminal activity or if they believe that a household member’s historical or current substance abuse poses a threat to the health, safety, or peaceful enjoyment of the premises for other residents, as stipulated by federal regulations. These potential discriminatory practices prompted HUD Secretary Marcia L. Fudge to initiate a review of housing policies on April 12, 2022.
In the absence of supportive legislation, a life spent on the streets and sleeping in public places remains the unfortunate norm, heightening the likelihood of negative interactions with law enforcement. This, in turn, perpetuates criminal activities driven by the imperative to survive, leading to extended periods of incarceration.
What’s the Proposal?
MAJR advocates for legislation that bars discriminatory practices preventing individuals from obtaining fair and affordable housing, whether it’s based on prior criminal histories or the presumption that such denials are essential for the overall well-being of society.
We support the Maryland Fair Chance in Housing Act 2024 that will be introduced by Delegate Adrian Boafo.
Alternatively, we propose the development of a bill modeled after (HB0577, titled “Human Relations – Discrimination in Housing – Reentry into Society Status”), or the endorsement of a “Housing First” bill modeled after Congresswoman Ayanna Pressley’s Massachusetts 7th District proposal, which deems “safe, stable, affordable housing” as a fundamental human right. This widely acclaimed bill has garnered local and national support, endorsed by organizations such as Justice 4 Housing, Vera Institute, National Consumer Law Center, National Housing Law Project, Center for Popular Democracy, Prison Policy Initiative, The Council for Incarcerated and Formerly Incarcerated Women and Girls, and National Low-Income Housing Coalition.
We propose the development of an additional bill to allocate funding (e.g. in the form of grants) toward the development of more transitional housing units across all 24 counties in Maryland, for the subset of returning citizen facing extreme challenges securing adequate housing after release (e.g. people that do not have have prior substance abuse and mental health diagnoses and people whose inclusion registries for past offenses bar them from certain transitional housing programs).
Will this Work?
Mandating fair and affordable housing for individuals with justice involvement will dismantle the troubling trajectory from incarceration to homelessness. This approach not only aids formerly incarcerated individuals in attaining stability but also fosters family reunification and diminishes incentives for further criminal activity.
Furthermore, the allocation of funds to expand accessible transitional housing facilities directly addresses the real-world hurdles faced by those in search of housing, particularly individuals lacking substance abuse or mental health issues, as well as those listed on registries. Importantly, this allocation ensures that rural communities receive vital resources to support successful reentry and reintegration efforts.
Status of the Legislation
HB0577 was introduced in a session of the Environment and Transportation Committee on February 3, 2023, by Delegates Diana M. Fennell and Darryl Barnes. The bill was withdrawn by its sponsors on February 27, 2023.
Maryland has yet to propose legislation earmarking funds for the development of more accessible transitional housing units. While it has successfully passed legislation to establish a Women’s Pre-Release Center, regrettably, the Pre-Release Center remains unrealized to this day.
Learn More!
Formerly Incarcerated People are Nearly 10 Times More Likely to be Homeless, (Couloute, 2018). National Low Income Housing Coalition (nlihc.org)
Housing Access for People with Criminal Records, (Johnson, 2021). Housing-Access-Criminal-Records.pdf (nlihc.org)
Maryland Department of Public Safety and Correctional Services. DPSCS – A Public Safety and Prince George’s County Partnership (maryland.gov)
Maryland General Assembly https://mgaleg.maryland.gov/mgawebsite/Legislation/Details/hb0577?ys=2023rs
Urban Institute, Five Charts That Explain the Homelessness-Jail Cycle—and How to Break It | Urban Institute
Massachusetts Housing First Act, Housing-FIRST-Act-2023-One-Pager.pdf (house.gov)
Maryland General Assembly, The Maryland Fair Chance in Housing Act 2024 – NewDEAL (newdealleaders.org)
