Housing as a Human Right - 2022 Advocates' Guide
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Housing as a Human Right
By Eric Tars, Legal Director, National with criminal penalties. This is not a rights-
Homelessness Law Center based approach to addressing homelessness
I
and housing insecurity. Indeed, thanks to
n 2021, we inaugurated a president and well-organized advocacy, the USICH, the
vice-president and HUD Secretary who have Department of Justice, and Housing and Urban
repeatedly affirmed “housing should be a Development have taken enforcement actions
right, not a privilege.” Rep. Cori Bush held the and adopted human rights language against the
nation’s conscience to account to extend the criminalization of homelessness.
eviction moratorium with a sleep-out on the steps
of the Capitol on the principle that housing is a While saying housing is a human right and
human right. And the U.S. Interagency Council on making it happen in policy are two different
Homelessness (USICH) stated the right to housing things, changing the rhetorical frame is
would be a “core value” of its new federal strategic important to changing the policy. Faced with
plan to end homelessness. unprecedented threats from the pandemic, but
also unprecedented opportunities to try to ensure
None of these steps should be taken for granted. we do not return to unacceptable pre-pandemic
They are a sign that we as advocates have shifted norms, housing advocates can use the human
the baseline of the conversation. And that shift right to housing framework to reframe public
has laid a strong basis for things like the eviction debate, craft and support legislative proposals,
moratorium and the unprecedented investments supplement legal claims in court, advocate in
in housing the Build Back Better Act. international fora, and support community
The human right to housing is a holistic organizing efforts. Numerous United Nations
and powerful frame, carrying the weight of (U.N.) human rights experts have recently visited
international law and tapping into our deep the United States or made comments directly
cultural understanding of the importance of bearing on domestic housing issues including
upholding human and civil rights. The human housing obligations during the COVID crisis,
right to housing frame is necessary because providing detailed recommendations for federal-
it addresses not only the affordability and and local-level policy reforms. In 2022, advocates
basic supply of housing, but interdependent must work to consolidate these gains and push
issues such as racial equity, public health, for action to accompany the rhetoric.
and educational opportunity. Pairing legal
standards with the popular resonance of the HISTORY
call for the human right to housing is how this In his 1944 State of the Union address, Franklin
holistic approach is uniquely able to prevent Roosevelt declared that the United States had
homelessness and housing instability from a Second Bill of Rights, including the right to a
happening in the future. decent home. In 1948, the United States signed
But there is danger, as the language of the right the Universal Declaration of Human Rights
to housing becomes more widespread, without (UDHR), recognizing adequate housing as a
reference to the strong international standards component of the human right to an adequate
which underpin it, it can become co-opted. standard of living.
Sacramento Mayor Darrell Steinberg introduced The UDHR is a non-binding declaration, so the
a city ordinance creating a so-called “right right to adequate housing was codified into a
to housing and obligation to use it” that re- binding treaty law by the International Covenant
defines housing to include tents and shelters, on Economic, Social, and Cultural Rights (ICESCR)
and threatens those who refuse to relocate in 1966. The United States signed the ICESCR,
NATIONAL LOW INCOME HOUSING COALITION 1–19and thus must uphold the “object and purpose” and human rights report on his mission to the
of the treaty, even though the U.S. has not yet U.S. This resulted in numerous with seven of
ratified it. The U.S. ratified the International the leading Democratic candidates for President
Covenant on Civil and Political Rights in 1992 (Senators Booker, Harris (D-CA), Sanders (D-
and the International Convention on the VT), and Warren (D-MA), former HUD Secretary
Elimination of All Forms of Racial Discrimination Castro, former Representative O’Rourke, and Tom
in 1994. Both recognize the right to be free from Steyer). And when Vice-President-Elect Harris
discrimination, including in housing, on the joined President-Elect Biden’s ticket, she brought
basis of race, gender, disability, and other status the housing as a right framing into his platform.
and emphasize the need for equitable policies
The rhetoric has now moved into the political
to make up for past discrimination. The U.S.
mainstream, with countless local, state, and
also ratified the Convention Against Torture in
federal officials stating their belief that housing
1994, protecting individuals from torture and
is a human right in 2021.What is needed now is
other cruel, inhumane, and degrading treatment,
to pair that rhetoric with accountability to the
including the criminalization of homelessness.
full scope of the standards of the human right to
More recently, the U.S. government supported, in adequate housing described below.
part, a recommendation from the Human Rights
Council in 2015 to “guarantee the right by all ISSUE SUMMARY
residents in the country to adequate housing, The human right to housing, as defined by
food, health and education, with the aim of international law, is a powerful framework
decreasing poverty, which affects 48 million that takes into account the current, imperfect
people in the country.” In October 2016, the U.S. reality, while also setting forth the numerous,
signed onto the New Urban Agenda, “commit[ing] interdependent and holistic pieces that are
to promote national, sub-national, and local required for the full realization of the right. It
housing policies that support the progressive promotes racial justice and housing justice,
realization of the right to adequate housing for and supports other human rights. The right to
all as a component of the right to an adequate housing includes negative and positive rights:
standard of living, that address all forms of for example, the government must refrain from
discrimination and violence, prevent arbitrary imposing cruel and unusual punishments,
forced evictions, and that focus on the needs of such as punishing individuals for sleeping or
the homeless, persons in vulnerable situations, sheltering themselves outdoors in the absence
low-income groups, and persons with disabilities, of adequate alternatives (negative right) but
while enabling participation and engagement of must also ensure adequate supply of affordable
communities and relevant stakeholders in the housing (positive right).
planning and implementation of these policies
including supporting the social production of According to the U.N. Committee on Economic,
habitat, according to national legislations and Social, and Cultural Rights, which oversees the
standards.” ICESCR, the human right to adequate housing
consists of seven elements: (1) security of
The U.S. has hosted several official and unofficial tenure; (2) availability of services, materials, and
visits from top U.N. human rights officers in infrastructure; (3) affordability; (4) accessibility;
recent years that garnered significant press, (5) habitability; (6) location; and (7) cultural
as well as meetings with high profile elected adequacy.
officials. In 2019, the National Law Center on
Homelessness and Poverty and others worked In the human rights framework, every right
with Senator Cory Booker’s (D-NJ) office to host creates a corresponding duty on the part of
a packed-room congressional briefing on the the government to respect, protect, and fulfill
U.N.’s special rapporteur on extreme poverty the right. Having the right to housing does not
mean that the government must build a house
1–20 2022 ADVOCATES’ GUIDEfor every person in America and give it to them in its implementation, in general, Scotland’s
free of charge. It does, however, allocate ultimate homelessness is brief, rare, and non-recurring.
responsibility to the government to progressively
realize the right to adequate housing, whether by FORECAST FOR 2022
devoting resources to public housing, universal Building on the success of 2021 in
vouchers, or renters tax credits, by creating mainstreaming the human right to housing into
incentives for the private development of the policy conversation, 2022 could be a breakout
affordable housing such as inclusionary zoning year for moving the right into practice.
or the Low-Income Housing Tax Credit, through
market regulation such as rent control, through On the positive side, increasing adoption of the
legal due process protections from eviction or language around the human right to housing
foreclosure, and upholding the right to counsel by presidential candidates and Members of
to enforce those protections and ensuring Congress indicates a comfort with this framing
habitable conditions through housing codes and and a potential for a mutually reinforcing cultural
inspections, or by ensuring homeless persons shift. Ambitious legislative proposals including
are not threatened with civil or criminal penalties the Build Back Better Act, Ending Homelessness
for sheltering themselves in the absence of Act, Housing is a Human Right Act, and others
adequate alternatives. Contrary to the current show a move toward a rights-based approach,
framework that views housing as a commodity to as opposed to one that accepts artificial budget
be determined primarily by the market, the right limitations as an excuse to not meet the need.
to housing framework gives advocates a tool for That said, the threat posed by COVID-19 and the
holding each level of government accountable if accompanying economic crisis, and (as of this
any of those elements are not satisfied. Crucially, writing) Congress’ failure to pass meaningful
the human rights framework states clearly longer-term measures to address housing
that the right to housing includes the right to inequality, could make things far worse before
participate in decisions on housing policy for they get better. Millions could lose their homes,
those directly impacted by those policies. Human with life-long consequences, and state and
rights also actively embraces “special measures” local budgets will be cut due to lost tax revenue.
for historically-marginalized populations, Without a major COVID-relief package that adopts
including affirmative action or reparations. a human rights approach, it will be difficult to
France, Scotland, South Africa, and several “build back better”. It is precisely in this time of
other countries have adopted a right to housing ongoing economic hardship that a rights-based
in their constitutions or legislation, leading to approach to budgeting and policy decisions will
improved housing conditions. In Scotland, the help generate the resolve to protect basic human
“Homelessness Act of 2003” includes the right for dignity first, rather than relegating it to the status
all homeless persons to be immediately housed of an optional policy. The National Homelessness
and the right to long-term, supportive housing Law Center, together with many other housing
for as long as needed. The law also includes an and homelessness organizations (including
individual right to sue if one believes these rights NLIHC), launched the Housing Not Handcuffs
are not being met and requires jurisdictions Campaign in 2016 and the National Coalition for
to plan for the development of adequate Housing Justice in 2020, both of which call for
affordable housing stock. Complementary human right to housing policies in the U.S.
policies include the right to purchase public U.S. advocates also will have multiple
housing units and automatic referrals by opportunities for interaction with international
banks to foreclosure prevention programs to human right officials in 2022. The InterAmerican
help people remain in their homes. All these Commission on Human Rights held a hearing in
elements work together to ensure that the right 2021 on the situation of the right to housing in
to housing is upheld. Although challenges remain the U.S. and indicated it may schedule an official
NATIONAL LOW INCOME HOUSING COALITION 1–21visit. The U.N. Committee on the Elimination international legitimacy.
of Racial Discrimination will hold a hearing
Numerous national associations, including the
in August to review the U.S.’s report, which
American Bar Association, American Medical
discusses issues ranging from racial disparities
Association, American Public Health Association,
in housing to criminalization of homelessness.
and International Association of Official Human
Rights Agencies have passed resolutions
TIPS FOR LOCAL SUCCESS
endorsing a domestic implementation of the
Local groups wishing to build the movement human right to housing, which local groups are
around the human right to housing in the using as tools in their advocacy. In reaching out
United States can use international standards to religiously motivated communities, it may be
to promote policy change, from rallying slogans helpful to reference the numerous endorsements
to concrete legislative proposals. Groups like of the U.S. Conference of Catholic Bishops in
the #Moms4Housing use human rights to take favor of the human right to housing and to point
direct action like taking over vacant buildings out that Pope Francis called for the human
and to support broader local and statewide right to housing to be implemented during his
legislative advocacy. The UN has created model 2015 visit to the U.S. All of these can lead us to a
guidance for implementing the human right to future where housing is enjoyed as a right by all
housing, including policies to ensure it during Americans.
the COVID-19 crisis. Advocates can also hold
local governments accountable to human rights FOR MORE INFORMATION
standards by creating an annual Human Right
National Homelessness Law Center (formerly the
to Housing Report Card. Using international
National Law Center on Homelessness & Poverty),
mechanisms (like those described above) can
202-638-2535, https://homelesslaw.org/.
also cast an international spotlight on local
issues.
WHAT TO SAY TO LEGISLATORS
It is important for legislators and their staff (as
well as other advocates) to hear constituents
say that housing is a human right and ask for
them to say it too, and call for policies to support
it as such. This helps change the normative
framework for all of the housing issues that
we work on: because housing is a human right,
we need to extend the eviction moratorium;
because housing is a human right, we need to
fund universal vouchers; all this creates the
momentum for because housing is a human right,
we need to [insert your housing priority]. Tying
the concept to the United States’ origins and
acceptance of these rights in Roosevelt’s “Second
Bill of Rights,” polling data, and the growing
widespread acceptance by political leaders all
emphasize that it is a homegrown idea rather
than one imposed from abroad. On a somewhat
converse point, using the recommendations
made by human rights monitors can also
reinforce advocates’ messages by lending them
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