Twelve Vermonters experiencing homelessness who were scheduled to be booted from the state’s Covid-19 motel voucher program on Monday can remain until lawsuits over recent changes in the program are decided, Judge Christina Reiss ruled Friday in federal court.
The 12 people all attested they are disabled but have not yet been verified by the state. They include five people who have provided documentation that the state says is insufficient and seven people who have submitted no documentation.
“Participants who self-attest to having a disability and are otherwise eligible shall be entitled to remain in [general assistance] housing until the court renders a decision on Plaintiffs’ motion for a temporary restraining order/preliminary injunction,” Reiss wrote in her decision.
A total of 37 people had originally applied to extend their stay at motels due to a disability. In addition to the 12 people whose documentation is at issue, the state has deemed 12 people eligible — up from eight earlier this month, according to Sean Brown, commissioner of the Department for Children and Families.
Another 13 people found other arrangements, he said.
Earlier this summer, the Vermont Agency of Human Services and the Department for Children and Families began winding down Covid-19-related programs that allowed Vermonters experiencing homelessness to stay in hotels and motels.
On July 1, about 700 Vermonters lost eligibility to remain in the motels and were pushed out. About 1,400 other people, including those with children, disabilities, or are escaping dangerous or life-threatening situations, can remain until Sept. 23.
Vermont Legal Aid went to court to challenge the eligibility changes, filing a class action lawsuit in state court June 28, hoping to block the July 1 changes and to allow disabled people to prove their disability, making them eligible to stay in motels until the September date. The case was moved to federal court June 30, on request of the Agency of Human Services and Department of Children and Families.
Legal Aid alleges that the state agencies did not follow proper legal channels when changing the motel program eligibility requirements regarding disabled Vermonters, making them invalid. But Brown said the state’s actions were above board.
“We believe that we’re implementing the law as directed by the Legislature,” Brown said in an interview.
Still, Brown acknowledged he’s concerned about where people are supposed to go when they are no longer eligible for motel vouchers.
Brown reported that, as of Monday morning, only 15 shelter beds were available across the state.
However, he anticipates that significant funding earmarked for affordable housing in the state’s budget, some $190 million, will make a difference.
“The pandemic has really put a spotlight on this issue,” he said. “Our hope is that as many of the [housing] investments can be targeted and brought to the market as soon as possible. We want them to come to market as quickly as possible in areas where we see the greatest need as well.”
A month of litigation has left a lot up in the air, but for now, those who self-attested a disability, with or without confirmation from a health care provider, are allowed to remain in the program created for Vermonters with nowhere else to go.
Vermont Legal Aid declined to comment Monday on the ongoing litigation.