January 15, 2014 The Honorable Andrew Cuomo Governor of the State of New York New York State

Capitol Albany, New York 12247 Dear Governor Cuomo: We applaud your leadership promoting LGBT equality, tackling health disparities, and investing in affordable housing. We write to you with a concern that touches on all of these priority areas for your administration. Your leadership is needed now to change an anachronistic subsidy exclusion that discriminates against people living with HIV/AIDS. As members and allies of the LGBT community, we are grateful for your tireless effort and tremendous success in passing same-sex marriage in New York. We are confident that you will also want to stand with us in putting a stop to the discrimination against people living with HIV/ AIDS in affordable housing discrimination that disproportionately impacts low-income, LGBT people of color. We ask you to implement the 30% rent cap for people living with HIV/AIDS, a costneutral affordable housing protection, through Article VII language in the 2014 - 2015 Executive Budget. Background - People with AIDS Excluded from Affordable Housing Protection The primary housing program for poor New Yorkers living with HIV/AIDS is tenantbased rental assistance. As with other state housing programs for disabled people, residents with income from disability benefits are expected to contribute a portion of those benefits toward their rent. All state disability housing programs and all federally funded housing assistance cap the tenants rent contribution at 30% of income. Except one. The HIV/AIDS rental assistance program put in place in the 1980s excluded an affordable housing protection. What this means today is that disabled New Yorkers with an AIDS diagnosis who receive rental assistance are required to pay upwards of 70% or more of their federal disability income (SSI, SSDI or Veterans benefits) towards their rent. This forces people to choose between paying their rent and other essential needs like food, transportation and co-pays for life-saving medical care. For those evicted, the risks are even greater. Without stable housing, it is difficult for people living with HIV/AIDS to remain connected to medical care, adhere to treatment and practice HIV prevention. The consequences include high rates of housing loss, homelessness, and premature death among a vulnerable population. The Cost Savings This policy will pay for itself by preventing unnecessary costs associated with housing loss and homelessness. An analysis by Shubert Botein Policy Associates (SBPA) estimates that annual reductions in crisis and emergency housing costs for the 10,000

people currently at risk of homelessness who are living with HIV/AIDS will more than offset the estimated cost of implementing this policy. These reductions in emergency housing costs make this affordable housing protection cost-neutral or even a cost savings for City and State agencies responsible for the rental assistance program. Moreover, by reducing avoidable crisis healthcare costs and the risk of ongoing HIV transmission, SBPA estimates the policy will result in significant additional Medicaid savings. Legislative History Legislation addressing this issue passed the Assembly and the Senate in 2010, with only one Senator voting against it. Former Senator Thomas K. Duane spoke passionately about it on the Senate floor, convincing his colleagues Democrats and Republicans to pass the bill in the final hours of session. When advocates met with then-Governor Paterson, the Governor indicated that he was likely going to sign it into law. Only after a conversation with Mayor Bloomberg did the Governor veto it. Governor Paterson included this powerful statement in his veto message: This is my most difficult veto. I recognize, sadly, the history of the inadequacy of services government has brought to bear for those with HIV/AIDS. An affordable housing protection for homeless and at-risk people living with HIV/AIDS has strong bi-partisan support in the legislature. Senator Brad Hoylman and Assembly Member Robert Rodriguez are the current sponsors of the legislation (S3022/A7782). New York City Mayor Bill de Blasio also backs the legislation and pledged his support during his campaign to work with you on this common-sense fix to an existing housing subsidy. Current Opportunity HIV remains a severe crisis in both the LGBT community and communities of color. In NYC, a majority of new HIV diagnoses are among gay and bisexual men, with Black and Latino youth at highest risk. While HIV has touched every population and age group in New York, 79% of people living with HIV/AIDS in our state are people of color. Promoting stable and affordable housing is the foundation for effective HIV prevention, treatment and care and is therefore essential to ending the epidemic and addressing these disparities. We encourage you to seize this opportunity to end the unfair double standard that forces low-income and disabled people living with HIV/AIDS to pay more in New Yorks housing assistance programs. Sincerely,

Supporting 30% Rent Cap Legislation

Titles and organizational affiliations listed for identification purposes only

Elected Officials
New York State Senator Brad Hoylman

New York State Assembly Member Daniel O'Donnell

New York State Assembly Member Robert Rodriquez

New York City Council Member Daniel Dromm

New York City Council Member Corey Johnson

New York City Council Member Carlos Menchaca

New York City Council Member Ritchie Torres

Activists, Donors, and Allies

Richard Anderman

Stuart Appelbaum, RWDSU

Andy Cohen

Chris Collins Vice President and Director, Public Policy amFAR, The Foundation for AIDS Research

Alan Cumming

Michael Czaczkes Co-President, Lambda Independent Democrats of Brooklyn

Marjorie Dove Kent Executive Director, Jews for Racial Economic Justice

Erin Drinkwater Executive Director, Brooklyn Community Pride Center

Kevin Finnegan Political Director, 1199/SEIU

Harvey Fierstein

Jennifer Flynn Managing Director, Health GAP

Jason Franklin Executive Director, Bolder Giving

Tracie Gardner Director of State Policy, The Legal Action Center

Howard Gertler Film Producer & Production Manager

Cynthia Greenberg President, Kolot Chayeinu/Voices of Our Lives

Mark Harrington Executive Director, Treatment Action Group

Anne Hess

Hugh Hogan Executive Director, North Star Fund

Craig Kaplan

Charles King CEO, Housing Works

Tom Kirdahy

Rabbi Sharon Kleinbaum Senior Rabbi, Congregation Beit Simchat Torah

Sally Kohn Television commentator and columnist

Leah Hunt-Hendrix Sister Fund

M. Dru Levasseur Attorney

Rabbi Ellen Lippmann Rabbi, Kolot Chayeinu/Voices of Our Lives

Jim Lister VOCAL-NY Action Fund

Kelsey Louie Chief Operating Officer, Harlem United Community AIDS Center, Inc.

Seth M. Marnin Attorney

Michael Mallon President, Lesbian and Gay Democratic Club of Queens

Christine Marinoni

Matthew McMorrow Co-President, Lambda Independent Democrats of Brooklyn

Terrence McNally

Cynthia Nixon

Pauline Park President of the Board of Directors & Acting Executive Director, Queens Pride House

Ai-jen Poo Director, National Domestic Workers Alliance

Billy Porter

Regina Quattrochi CEO of Bailey House

Allen Roskoff President Jim Owles Liberal Democratic Club, Co-Author Nation's First a Gay Rights Bill

Nathan Schaefer Executive Director, Empire State Pride Agenda

Melissa Sklarz President, Stonewall Democrats NYC

Jessie Spector Executive Director, Resource Generation

Peter Staley AIDS Activist

Sean Strub Executive Director, Sero Project

Glennda Testone Executive Director Lesbian, Gay, Bisexual & Transgender Community Center

Urvashi Vaid

Dan W. Tietz Executive Director, AIDS Community Research Initiative of America

Jason L. Walker HIV/AIDS Housing Advocacy Network Coordinator VOCAL-NY (Formerly the NYC AIDS Housing Network NYCAHN)

Randi Weingarten President, American Federation of Teachers

Maggie Williams Member, Resource Generation Board Member, North Star Fund

Billy Wimsatt President, Gamechanger NetworkS

Sarah Abbot National Organizer, Resource Generation

Bela August-Walker Associate Professor of Law, Roger Williams University School of Law

Ilana Berger Director of Capacity Buiding, Center for Popular Democracy

Sarah Jenny Bleviss

Naomi Braine Associate Professor, Sociology Dept, Brooklyn College

Amy Cohen Community Organizer

Rachel Cohen

T. Richard Corcoran President of Alouette, Inc. Board member, Health Global Access Project (Health GAP)

BC Craig

Amanda Devecka-Rinear National Campaigns Director, National People's Action

Ejeris Dixon Community Organizer, Communities United for Police Reform

Jesse Ehrensaft-Hawley Co-Director, Global Action Project

Kenyon Farrow US and Global Health Policy Director, Treatment Action Group

Emmaia Gelman NYU American Studies Department

Elspeth Gilmore Former Executive Director, Resource Generation

Imani Keith Henry Activist, Writer, Performer Peoples Power Assembly

Bob Lederer Co-producer/co-host, Health Action, WBAI Radio

Matthew Lesieur Director of Public Policy, Village Care

Carl Lipscombe Attorney, The Bronx Defenders

Sharonann Lynch

Dirk McCall Board member, Stonewall Democratic Club

Nikki Morse Director of Development, Jews for Racial and Economic Justice

Megan Mulholland Co-Direcotr, Queerocracy

Ann Northrop Co-host, Gay USA

Cori Parish Deputy Directory, North Star Fund

Peter Rider

John Riley Co-producer/co-host, Out-FM, WBAI Radio

Mariana Ruiz Firmat Campaign Director

James Schaffer Member, Resource Generation Member, Jews for Racial and Economic Justice

Lee Schere Member, Jews for Racial and Economic Justice

Sarah Shulman Writer

Michael Tikili

Sherry Wolf Author, Sexuality and Socialism: History, Politics and Theory of LGBT Liberation