Policies to Protect Homeless People from Discrimination
Homeless Bill of Rights
A homeless bill of rights that explicitly protects homeless people from pervasive forms of discrimination is a powerful legal tool rapidly gaining in popularity across the nation. In addition to safeguarding homeless persons’ existing civil rights, a homeless bill of rights offers the opportunity to secure powerful new rights necessary to permanently end homelessness, such as a right to housing.
- In 2012, Rhode Island passed the first Homeless Bill of Rights, S. 2052.
- Since then, Connecticut and Illinois have followed suit with S. 896 and S. 1210, respectively.
- Puerto Rico, a U.S. territory, also passed a homeless bill of rights in 2007.
- Recently, there have been inspiring efforts in California (S. 608), Colorado (HB 15-1264), and Oregon (S. 629) to enact Right to Rest Acts, a unique and important homeless bill of rights model that prohibits the criminalization of homelessness.
- For more information on developing homeless rights legislation, please see “From Wrongs to Rights: The Case for Homeless Bill of Rights Legislation.”
Homeless People as Protected Class
Homeless people would be deemed members of a protected class and would be entitled to all of the rights and protections under such a designation.
- Several states and municipalities have added homeless status as a consideration towards enhanced sentencing for crimes, including Florida, Maryland, Washington, and Maine, as well as Cleveland and Cincinnati, and Washington, D.C.
- Federal efforts have also sought to address violence targeting the homeless, most recently the “Violence Against the Homeless Accountability Act of 2013”
- For additional examples and more information on hate crimes legislation, please see the National Coalition for the Homeless’ 2012 report on hate crimes.
Cleaning Public Places
Some municipalities target persons experiencing homelessness by conducting sweeps of areas where homeless individuals sleep, rest, and store belongings. During sweeps, police or city workers may confiscate and destroy belongings in an attempt to “clean up” an area. A policy that establishes procedures for disposing of property discovered during the cleaning of public spaces can ensure that the owners are afforded due process of law and provided with support by appropriate service provider agencies. For further information, please see the National Law Center on Homelessness & Poverty’s model policy for cleaning public spaces.
Police Interactions with Homeless People
A policy governing police interactions with homeless people can ensure that law enforcement personnel understand and are sensitive to the needs and rights of those experiencing homelessness. Such a policy should recognize that all persons, including people experiencing homelessness, have the right to be peacefully in any public place so long as their activities are lawful. This can also explicitly affirm that homelessness is not a crime. For further information, please see the National Law Center on Homelessness & Poverty’s sample model policy and police order.
