Temporary housing

Emergency housing typically offers temporary shelter for individuals released from incarceration without secured housing. However, some options, e.g., certain shelters, lack support services and basic amenities such as food or storage space. Many also require residents to leave during the day with all their belongings. With some exceptions to emergency housing that are specifically designed to assist people coming out of carceral settings, general shelters typically do not provide robust onsite services or refer individuals to critical services.

Examples of emergency housing for people leaving incarceration:

• Project Reconnect in Washington, D.C., provides low-barrier shelter to people aged 18 and over who are coming out jail or prison, and connects them to case management services.

• East Oakland Community Project’s Crossroads Shelter is the largest shelter in Alameda County, California. Serving formerly incarcerated people who are homeless, and connecting shelter residents to substance use treatment, mental health services, and housing search support for permanent housing.

Transitional housing offers a supportive environment for individuals recently released from incarceration. This form of housing typically offers short-term programmatic services and provides housing search assistance for longer-term permanent housing (Enterprise Community Partners, personal communication, March 3, 2023).

Examples:

• The First 72+ in New Orleans provides a critical bridge between incarceration and successful reentry. Residents can stay for up to 90 days rent-free, and they receive essential support including case management and help securing more permanent housing options, employment and other necessary services (C. Dinman and K. Orians, personal communication, July 13, 2023).

“We’re talking about guys that been locked up 15, 20, 25, 40 years some of them. The purpose of this place is to give them a place to get started. That’s why the name of this place is The First 72+ because those first 72 hours are so crucial. After that, we plan for the long term – getting out and staying out.” – Ben Smith, founder of First 72+

• Kingdom Builders Transitional Housing Program, in Oakland, California, presently offers 34 units of transitional housing and wrap-around assistance to formerly incarcerated adults and youth who are experiencing homelessness. Services include case management, employment assistance, counselling and life skills training to help residents establish stability and transition into independent living (L.J. Jennings, personal communication, June 16, 2023).

• The Fortune Academy (also known as “the Castle”) in New York City is a 93-unit emergency and transitional housing residence for people who are formerly incarcerated and justice-involved individuals, and is operated by The Fortune Society. All residents are connected to case managers who ensure they are engaged in a combination of education services, employment programming, substance use treatment, mental health treatment, and are supported in finding permanent housing and employment. There is no limit on length of stay for residents since many face barriers to finding permanent housing.

Halfway houses are mandated living situations for individuals who have been incarcerated and are required to complete the remainder of their sentences in a halfway house or residential reentry center. These facilities provide a highly structured and supervised environment with the stated goal of reducing recidivism. The Council of States Governments acknowledges the “relative paucity of research about the effectiveness of halfway houses in reducing recidivism and promoting successful reentry, and makes recommendations for future work” in this area. Due to limited information about the effectiveness of halfway houses, they are not discussed further in this toolkit.

Permanent housing

Permanent Supportive Housing (PSH) is housing that offers rental assistance and supportive services for people who would otherwise be homeless, and who meet certain eligibility criteria including demonstrating the need for some form of services due to a disability diagnosis. Residents are typically connected to case managers to ensure they remain engaged in the kinds of services that enable them to live as safely and independently as possible, including voluntary mental health treatment.

Permanent supportive housing is not time limited. While some permanent supportive housing residents may ultimately find that they are able to and would prefer to manage their individual constellation of needs on their own, tight housing markets and lack of affordable options may result in their continued residence in the PSH. 

PSH is provided in both congregate and scattered-site models. Congregate housing in particular creates a safe, stable community that enables easy access to service engagement and positive relationships.

Example of scattered-site permanent supportive housing:

• The nonprofit organization Who Speaks For Me?, based in Washington, D.C., runs the Housing For All (HFA) program, which is dedicated to providing housing (free or low-cost scatter-site apartments) for women and LGBTQ+ people who are returning citizens. HFA offers a monthly rent and cell phone subsidy, along with a $100 weekly stipend that tapers off over time. Moreover, HFA delivers comprehensive wrap-around services, including leadership development, job readiness training and financial literacy programs, all aimed at fostering the overall success and self-sufficiency of program participants (T. Nuevelle, personal communication, August 9, 2023).

Example of congregate permanent supportive housing:

• Hour Children in New York City provides communal, supportive housing for women in reentry and their children. Services are specifically aimed at supporting all members of the family in navigating the challenges of reunification.

Public housing

Public housing is government-subsidized rental housing for people with low incomes who meet the eligibility criteria determined by HUD. The application process may be complex, requiring income verification and strict screening for those with conviction records. Historically, tenant-selection criteria in most public housing prevented formerly incarcerated people from returning to their homes or moving in with family members. This forced many to reside with their families unofficially, placing their entire household at risk of eviction.

Several housing authorities have initiated programs to address this issue, including The New York City Housing Authority's (NYCHA) Family Reentry Pilot Program. In partnership with city agencies and nonprofits, NYCHA permits formerly incarcerated individuals to join their families in public housing on a probationary basis, offering case management services to facilitate successful reentry and, upon program completion, allows individuals to be added to the household's lease.

“It took a significant public education effort by NYCHA and partners to increase our application numbers, as people with justice histories initially feared coming out of the shadows.” – Erin Burns-Maine, Corporation for Supportive Housing.

A public housing authority in Syracuse, New York, entered into an innovative partnership with reentry service provider Center for Community Alternatives to create Freedom Commons. Freedom Commons provides diverse housing options for its residents, including emergency and transitional housing as well as permanent housing. The permanent housing includes both supportive housing for formerly homeless individuals with a criminal justice history and affordable housing for community members, regardless of their criminal justice involvement. The 54-unit building provides permanent housing that is made up of 1-, 2-, and 3-bedroom apartments, 43 of which rent to individuals or families whose annual income is no more than 50% of the AMI. The remaining 11 units are permanent supportive housing reserved for formerly homeless individuals and/or families who have had some involvement with the criminal legal system and whose income is at or below 30% of the AMI.

Conventional affordable housing

Affordable housing offers rental options for low-income individuals, including those with conviction histories. Supported by government subsidies in the form of vouchers, depending on eligibility, tenants pay a portion of their income (typically 30%) as rent.

For example, in New York City, The Fortune Society developed and operates Castle Gardens. This building offers 50 studio apartments with supportive services for formerly homeless people who have convictions, 13 supportive apartments for families in which one person was incarcerated, and 50 affordable apartments available to the rest of the community.

Market-rate housing

Ultimately, it is the goal of individuals transitioning from transitional or supportive housing to secure market-rate housing, signifying their realization of independent living. Yet, as discussed in Sections 3 and 4, people with past convictions encounter significant hurdles in securing private housing, whether it be affordable or market rate. Depending on the jurisdiction, housing providers might not be prohibited from rejecting applicants based on their criminal record, provided they undertake the personalized assessment mandated by the Fair Housing Act. As discussed earlier, the FHA prohibits the imposition of blanket bans against individuals with convictions.

People often face this type of discrimination even when they meet all tenancy requirements. This includes having sufficient income to pay rent or possessing a voucher that subsidizes their rent and guarantees payment to the landlord. Both short- and long-term rental subsidy programs can help these individuals manage housing costs as they transition to market-rate housing (Enterprise Community Partners, personal communication, March 3, 2023).

Some housing providers discriminate against people using vouchers, even when it is protected by local law. In New York City, the Human Rights Law has prohibited source of income discrimination in housing since 2008. Yet the practice continues to be widespread, leading to ongoing federal litigation against 77 property owners and real estate brokers, including some of the largest in the city.

There is no federal law that prohibits source of income discrimination, and in many areas it may disproportionately impact Black and brown people, which leads some to theorize that source of income discrimination could be a violation of the Fair Housing Act. A robust 2018 study conducted by the Urban Institute and commissioned by HUD found that source of income discrimination occurs more often in lower poverty areas, further embedding patterns of racial and economic segregation.

As discussed in Sections 1 and 2, many people with convictions, especially those who were formerly incarcerated, lack the financial resources to pay rent and must rely on rental assistance. Individuals who have been convicted face an uphill battle in combating the stigma associated with the complex interplay of poverty, race and justice system involvement. This stigma not only affects them but also reverberates throughout their families, communities and society at large.

Having an array of housing options that can meet formerly incarcerated people where they are in their journey not only promotes their individual stability and well-being, but also enhances public safety, strengthens the economy and promotes more diverse communities. To undo entrenched neighborhood segregation, break geographic patterns of incarceration, and foster socioeconomic equity, it is important that all types of housing be accessible to people who have been incarcerated.