Reclaiming Housing as a Human Right - A Constitutional Imperative

Policy Proposal: Reclaiming Housing as a Human Right - A Constitutional Imperative

[*Draft Work in Progress]

Executive Summary

The policy proposal “Reclaiming Housing as a Human Right - A Constitutional Imperative” aims to:

  • Affirm housing as a fundamental right aligned with constitutional values.
  • Address the housing crisis by making housing accessible and affordable.
  • Protect property rights and market integrity while promoting economic freedom.
  • Combat homelessness with dignity, focusing on veterans, disaster victims, and those denied loans.
  • Foster innovation and enhance financing options in housing.

Historical Context

  • Legislative Background: Building on the U.S. Housing Act of 1937, this proposal acknowledges ongoing issues with housing affordability, homelessness, and property rights. [1][2][3]

In Light of These Observations

The escalating housing crisis in America demands a systemic overhaul to ensure that housing is recognized and treated as a fundamental human right, essential for the pursuit of life, liberty, and happiness. This proposal outlines actionable steps to address affordability, homelessness, exploitative market practices, and the housing needs of those displaced by natural disasters like fires, floods, hurricanes, and earthquakes, as well as the plight of hard-working Americans denied home buyer loans. It also challenges the unjust systems in place by government for property seizure due to unpaid taxes, which many argue violates our Bill of Rights. All these actions are aimed at honoring the principles of our constitutional republic. It is particularly poignant when we see our veterans, those who have served and defended our country, families uprooted by natural disasters, and those denied the right to homeownership, struggling with housing issues; this is a terrible injustice that must be rectified.

Policy Aims

1. Affirm Housing as a Fundamental Liberty
  • Legislation: Propose amendments or new laws explicitly recognizing housing as an extension of the right to life, liberty, and the pursuit of happiness, aligning with [Article 25.1 of the Universal Declaration of Human Rights][1:1] and [Article 5(e)(iii) of ICERD][2:1]. This policy supports the dignity of all Americans, including veterans, disaster victims, and those denied home loans, in line with our founding values.

  • Enforcement: Establish a minimal federal housing authority with oversight powers to ensure compliance with housing rights across states, modeled after the U.S. Housing Authority established by the [U.S. Housing Act of 1937][3:1], but with a focus on local control and self-governance.

2. Promote Economic Freedom through Affordability
  • Income-Based Rent Caps: Implement legislation to cap rent at a percentage of median income in each locality, ensuring housing costs do not exceed one-third of household income. This supports free market principles by removing barriers to economic mobility for all, including those recovering from disasters or denied loans.

  • Expand Cooperative Housing:

    • Non-Profit Housing Cooperatives: Encourage the formation of housing cooperatives where residents, including those displaced by disasters or denied traditional loans, collectively own and manage their housing, promoting community-led solutions and local governance, incentivized through tax breaks or grants.

    • Public Housing Development: Increase funding for public housing, focusing on mixed-income developments to avoid concentrated poverty, fostering environments where all can thrive, including veterans, disaster survivors, and those denied homeownership, reducing dependency on government assistance, and promoting economic diversity.

3. Combat Homelessness with Dignity and Responsibility
  • Reform Penalties for Homelessness: Advocate for the decriminalization of homelessness, focusing on solutions that respect individual dignity and personal responsibility, especially for veterans, disaster victims, and hardworking Americans.

  • Supportive Housing Programs: Enhance programs like Permanent Supportive Housing, integrating voluntary health services with housing to provide stability, encouraging personal agency through incentives for engagement rather than mandates, with priority for veterans, disaster victims, and those recovering from loan denials.

  • Emergency Housing: Establish more emergency shelters with pathways to permanent housing, not as handouts but as investments in human capital, promoting self-sufficiency and community integration, ensuring no one is left without shelter. See: Proposal for Waiving Building Codes for Tiny Homes, Sheds and Recreational Vehicles (RV) as Emergency Shelters

4. Protect Property Rights and Market Integrity
  • Limit Corporate and Private Equity Influence: Introduce regulations or taxes on large-scale investors to prevent the commoditization of housing, protecting the American dream of homeownership as an individual right, not just a corporate asset.

  • Anti-Predatory Practices: Strengthen laws against predatory lending and address the issue of hard-working Americans being denied home buyer loans. Also, reform property tax systems to prevent unjust seizures, which many see as violations of our Bill of Rights. Consider exemptions for medically disabled individuals, the elderly, and others disproportionately affected by these taxes.

5. Foster Innovation within Free Market Principles
  • Simplify Permitting: Streamline the zoning and permitting processes for innovative and affordable housing solutions, reducing bureaucracy while promoting individual initiative, local innovation, and resilience against future disasters.

  • Funding for Renovation: Provide grants or low-interest loans for renovating existing properties, including those damaged by natural disasters, encouraging the American ethos of self-reliance and ingenuity.

6. Enhance Access to Financing
  • Non-Traditional Housing Loans: Develop or incentivize financial institutions to provide loans for non-traditional housing types or for those with stable income but non-standard credit profiles, reinforcing the principle that opportunity should be available to all, especially those who have served, been displaced, or denied loans.

  • Credit Union and Community Bank Support: Support local financial institutions which understand and serve community needs better, aligning with the federalist idea of local governance, particularly aiding in recovery efforts post-disaster and ensuring loan accessibility.

7. Community Engagement and Policy Implementation
  • Local and State Partnerships: Foster partnerships with local governments to tailor solutions to specific community needs, including disaster recovery and loan access, while ensuring federal guidelines are met, respecting states’ rights.

  • Public Participation: Engage communities in planning processes, reinforcing democratic values and ensuring housing policies serve community interests, including those of veterans, disaster victims, and those seeking homeownership, not just government agendas.

Addendum

This proposal not only seeks to rectify immediate housing crises but also aims to establish a sustainable framework where housing is accessible, affordable, and a recognized right for all Americans. By integrating human rights obligations with practical solutions in a way that promotes liberty, personal responsibility, and local governance, we can move towards a society where everyone has a home, thereby strengthening our constitutional republic.

Footnotes


  1. Universal Declaration of Human Rights ↩︎ ↩︎

  2. International Convention on the Elimination of All Forms of Racial Discrimination ↩︎ ↩︎

  3. U.S. Housing Act of 1937 ↩︎ ↩︎

2 Likes

Absolutely WONDERFUL policy proposal! I have seen countless posts across p4p forums arguing these same fundamental issues within America – posts are pretty heated (like stirred up hornets even). This proposal goes a long way in addressing these individual arguments surrounding the issue of property taxation, its discriminatory nature against property owners, and its adverse effects on our older and disabled population. Nice cohesive approach to a problem plaguing our wealth-constrained society. I love it! :face_with_monocle:

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Thank you @SueK,

Any additions to make it even better, or stronger, are welcome. I was also thinking of incorporating state examples as case studies and going more into the laws being violated and why it’s imperative to address them. There may be other areas that haven’t been touched upon, either, so I certainly want to improve upon this draft wherever possible.

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Please consider:

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OK, thank you @FastFred

I’ve incorporated your proposal into the In Light of These Observations section. Have a nice weekend!

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Thanks MUCH! We need to inform as many Citizens as possible. Citizens hopefully will become aware of the Root Cause of Our tax problems. Thank you so much for your help. Have a Blessed Day Fred Walker

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I have to disagree with sections of the proposal. Let me know if I’m misunderstanding something.

While it could be argued this way, it doesn’t mean people would be entitled to own a home or have the governments’ help obtaining one. Another example is the right to bear arms: just because it’s a right doesnt mean the government has to give you one, or help you buy one.

Income based rent caps - would the government be covering the difference between market rate and income rate? The only way rent caps can work effectively is if the government also caps the cost of everything else that is involved with real estate, such as the costs of anything that could break in a house, including the cost of insurance and skilled trades.

Otherewise, the landlord will not make enough money and will abandon the property in one way or another.

These costs are all tied to inflation - which is nearly 100% the federal governments’ fault. I’d like to see more punishments for this in every proposal on here.

Speaking to inflation, there’s a large number of people who are unfortunately relying on inflation of their home value as their retirement fund. How would this affect them?

2 Likes

Proposal for Waiving Building Codes for Tiny Homes, Sheds and Recreational Vehicles (RV) as Emergency Shelters

Introduction

In the aftermath of natural disasters, the urgent need for safe, economical, and efficient housing solutions becomes paramount. This paper proposes waiving standard building codes for connecting tiny homes and sheds used as emergency shelters to essential services such as electricity, water, and sewage lines. By allowing the onsite construction or installation of these shelters, we can facilitate faster recovery and improve resilience in disaster-affected areas. While this approach emphasizes expediency and accessibility, it also necessitates certain fire safety considerations to ensure the well-being of occupants. Following Hurricane Helene there were several teams of people who entered the affected areas and erected shelters and tiny home for people who had lost their homes which the local government wouldn’t allow to be occupied or used while rebuilding their homes.

Rationale for Waiving Building Codes

1. Accelerated Recovery Process

Natural disasters often displace large populations and overwhelm existing housing resources. By permitting the rapid deployment of tiny homes, sheds and allowing RV use , communities can quickly provide shelter to those in need. The flexibility to bypass standard building codes allows for:

  • Rapid Installation: Onsite construction or assembly can significantly reduce the time required to provide emergency housing.
  • Cost-Effective Solutions: Lower regulatory hurdles can decrease costs associated with permitting and inspections, enabling more funds to be directed towards recovery efforts.

2. Adaptability and Community Resilience

Tiny homes, sheds and RVs can be tailored to meet the specific needs of displaced individuals and families. Their adaptability makes them suitable for various environments and conditions, fostering community resilience. Additionally, these structures can support:

  • Diverse Living Arrangements: Families can choose configurations that best suit their needs, whether single-room shelters or multi-functional spaces.
  • Local Resource Utilization: By allowing onsite construction, communities can utilize local materials and labor, further promoting economic recovery.

Essential Connections for Tiny Homes, Sheds and RVs

1. Connecting to the Electrical Grid

While waiving standard building codes, it is essential to address electrical safety. Key considerations include:

  • Heavy-Duty Wiring: Ensuring all electrical wiring is sufficiently robust to handle heating loads, particularly if electric heating systems are installed.
  • Fire Safety: Establishing guidelines for the safe installation of heating appliances, including adequate separation from combustible materials to prevent fire hazards.

2. Water Supply and Backflow Prevention

Access to clean water is crucial for any shelter. The proposal includes:

  • Connection to Water Lines: Allowing direct connections to municipal water supplies to ensure availability of potable water.
  • Backflow Prevention: Mandating the installation of backflow valves to prevent contamination of the municipal water supply, safeguarding public health.

3. Sewage Disposal

Efficient waste management is vital for maintaining hygiene and public health. The proposal advocates for:

  • Connection to Sewage Lines: Enabling tiny homes, sheds and RVs to connect to existing sewage systems to facilitate proper waste disposal.
  • Alternative Waste Solutions: In locations where sewage connections are not feasible, promoting the use of composting toilets or other environmentally friendly waste management systems and grey water systems.

Fire Safety Considerations

While waiving certain building codes, it is imperative to incorporate fire safety measures to protect occupants. Proposed safety measures include:

  • Heat Stove Regulations: Establishing guidelines for the installation of wood stoves and other heating devices, ensuring adequate clearance from flammable materials.
  • Smoke Detectors: Recommending the installation of smoke detectors and carbon monoxide alarms in all shelters to enhance occupant safety.
  • Emergency Exits: Ensuring tiny homes, sheds and RVs have clear and accessible emergency exits to facilitate safe evacuation in case of fire.

Conclusion

Waiving traditional building codes for tiny homes, sheds and R Vs used as emergency shelters can significantly enhance the recovery process following disasters. By allowing rapid and cost-effective solutions for housing, communities can better support displaced individuals while ensuring essential services are connected safely. With appropriate fire safety considerations and guidelines for electrical, water, and sewage connections, we can create a framework that prioritizes both speed and safety in rebuilding efforts. This approach not only addresses immediate shelter needs but also fosters long-term resilience in disaster-prone areas.

1 Like

Added to section 3, thank you, @DiveMaster

The Department of Veterans Affairs can absolutely stop veteran homelessness. They give VA grants to various businesses worth $500,000.00 for rental and financial assistance, which compromises veteran’s privacy and medical records. These businesses will get that VA grant money and request record releases from the veteran. They want to know everything about the veteran from financial history to VA medical records and service records when their records should be protected by the VA. The VA has to start protecting veterans from this invasion of privacy by paying veterans housing assistance, like The Department of Defense pays active duty military. This is called Basic Allowance for Housing (BAH) and it’s paid monthly based on the rental market rate. Many veterans used to get it, but no longer get it because they’re not on active duty. The Department of Veterans Affairs can start turning those VA grants into BAH instead of sending Millions of dollars to random businesses that they don’t thoroughly check. The VA doesn’t know if these businesses are safeguarding records, if computers settings protect users from identity theft gaining unauthorized access to downloaded DD214s, records, and financial records, whether interview processing rooms meet privacy requirements so people waiting in the hallways or waiting room don’t hear HIPAA protected information. Once the VA issues that money to a business, the VA has no idea what they’re doing. The VA has to protect veterans better. BAH, will end veteran homelessness. We don’t see homeless in active duty military because of BAH and Base housing. They need to give veterans BAH and create veterans base affordable housing connected to the VA installations for veterans wanting to live on or near the VA hospital. Connecting veterans housing to the VA hospital will allow veterans with transportation concerns to easily access the VA hospital. This should be done all over the United States. Not all veterans want to live on the VA, so BAH should help them with their housing needs while preserving their privacy. No business has any business in veteran’s VA records for the purposes of rental assistance.