Housing Not Handcuffs
Ending the Criminalization of Homelessness in U.S. Cities
Homelessness remains a national crisis, as stagnated wages, rising rents, and a grossly insufficient social safety net have left millions of people homeless or at-risk. Although many people experiencing homelessness have literally no choice but to live outside and in public places, laws and enforcement practices punishing the presence of visibly homeless people in public space continue to grow. Homeless people, like all people, must engage in activities such as sleeping or sitting down to survive. Yet, in communities across the nation, these harmless, unavoidable behaviors are punished as crimes or civil infractions. This report – the only national report of its kind - provides an overview of criminalization measures in effect across the country and looks at trends in the criminalization of homelessness, based on an analysis of the laws in 187 cities that the Law Center has tracked since 2006. We also analyze trends in local enforcement, describe federal opposition to criminalization, and offer constructive alternative policies to criminalization laws and practices, making recommendations to federal, state, and local governments on how to best address the problem of visible homelessness in a sensible, humane, and legal way.
Housing Not Handcuffs: A Litigation Manual
This litigation manual provides an overview of legal theories that have been used successfully to challenge criminalization policies and practices, and it also sets forth several important considerations for bringing litigation on behalf of homeless people. In addition, it includes numerous summaries of cases that have been brought over the years to protect the civil and human rights of homeless people.
Recorded webinar & slides (2014; new resources forthcoming)
Slides from "Combating the Criminalization of Homelessness", NAEH conference, July 2014
Constructive Alternatives to Criminalizing Homelessness (2013) webinar slides
Getting the Justice Department on Your Side: A Guide to Filing a Complaint
In 2015, the U.S. Department of Justice (DOJ) filed a statement of interest in federal court arguing that it is unconstitutional to criminalize sleeping in public places without providing adequate shelter space in the area. While that case - Bell v. City of Boise - is now on appeal, the profusion of state and local laws facilitating abuse of homeless persons makes it likely that the DOJ will be looking for opportunities to use its enforcement powers of intervention or investigation in the future. You need not be an attorney to file a complaint, and this fact sheet provides some helpful tips to those looking to get the Justice Department on your side.
Racial Discrimination in Housing and Homelessness in the United States
A Report to the U.N. Committee on the Elimination of Racial Discrimination
The National Law Center on Homelessness & Poverty and Los Angeles Community Action Network filed this report, endorsed by over two dozen organizations and individuals, with the U.N. Committee on the Elimination of Racial Discrimination, calling on the Committee to express its concern and to recommend that the United States take the steps necessary to reduce racially discriminatory violations of housing rights as part of the process leading up to the review of the United States on its compliance with is obligations under the International Convention on the Elimination of All Forms of Racial Discrimination.
Homeless Persons Access to Injustice Fact Sheet
This fact sheet, describing the challenges faced by many homeless persons in their encounters with the criminal justice system, was presented at the April 1st, 2014 consultation on Access to Justice to over fifty representatives from the Departments of Justice, State, Housing & Urban Development, and the White House Office of Domestic Policy Council.
From Wrongs to Rights
The Case for Homeless Bill of Rights Legislation
There is a new legislative tool gaining momentum across the country: homeless bills of rights. This report surveys the common rights violations experienced by homeless Americans, describes homeless bills of rights enacted and proposed in several states, and provides advocates with guidance for pursuing similar legislation in their states.
Additional Resources: From Wrongs to Rights recorded webinar & slides.
A Place at the Table
Prohibitions on Sharing Food with People Experiencing Homelessness
Uncomfortable with visible homelessness in their communities and influenced by myths about homeless people’s food access, cities use food sharing restrictions to move homeless people out of sight, an action that often exacerbates the challenges people experiencing homelessness face each day just to survive. This report focuses on ordinances, policies, and tactics that discourage or prohibit individuals and groups from sharing food with homeless persons. The report also highlights constructive alternatives to food sharing restrictions, in the form of innovative programs that both adults and youth are implementing to share food with people experiencing homelessness in their communities.
A State-by-State Review of Laws Affecting Unaccompanied Youth
Each year, an estimated 1.6 million children and youth (ages 12-17) experience homelessness without a parent or guardian. unaccompanied homeless youth face numerous legal barriers that often complicate their attempts to meet the basic necessities of life on their own and prevent them from reaching out for assistance to state agencies and service providers that could otherwise help them. This report reviews the state of current law in 12 key issue areas that affect the lives and future prospects of unaccompanied homeless youth in all 50 U.S. states and 6 territories.
The Impact of September 11
An Ounce of Prevention
Programs to Prevent Homelessness in 25 States
This 2009 report summarizes homelessness prevention programs that reflect a range of approaches state government agencies or instrumentalities are using to assist individuals and families who experience unexpected or uncontrollable financial crises.
This program aired on 12/03/13 on WORT FM, Madison, Wisconsin.
Please click below to listen to the program.