Anti-homelessness legislation

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Man sleeps on the street. Man sleeping on Canadian sidewalk.jpg
Man sleeps on the street.

Anti-homelessness legislation can take two forms: legislation that aims to help and re-house homeless people; and legislation that is intended to send homeless people to homeless shelters compulsorily, or to criminalize homelessness and begging.

Contents

International law

Since the publication of the Universal Declaration of Human Rights (Charter of the United Nations – UN) in 1948, the public perception has been increasingly changing to a focus on the human right to housing, travel and migration as a part of individual self-determination rather than the human condition. The Declaration, an international law reinforcement of the Nuremberg Trial Judgements, upholds the rights of one nation to intervene in the affairs of another if said nation is abusing its citizens, and rose out of a 1939–1945 World War II Atlantic environment of extreme split between "haves" and "have nots." Article 6 of the 1998 Declaration of Human Duties and Responsibilities declares that members of the global community have individual and collective duties and responsibilities to take appropriate action to prevent the commission of gross or systematic human rights abuses. [1] The modern study of homeless phenomena is most frequently seen in this historical context.

Laws regarding homeless people

Some laws about homeless people say the state should support or house homeless people.

United Kingdom

The 1834 Poor Law Amendment Act required parish unions to supply houses for workers but these unions purposely made these work houses unattractive in order to discourage workers from applying for housing. [2] This Act also made casual wards known as "spikes" available for those who needed temporary housing in return for their labor. [3] It was estimated that approximately 30,000 to 80,000 people used the spikes in the early 1900s in Great Britain. [3]

Under the Homeless Reduction Act 2017 unhoused persons should be able to access assistance from their council. Councils also must work to prevent people from becoming unhoused, and families with children will still be housed by councils. [4]

Part 7 of the Housing Act 1996 provides action to prevent homelessness and also to provide assistance to those who are threatened with homelessness. [5]

Wales

In 2014, a law was implicated which means that the councils must attempt to stop people becoming homeless in the first place. [6] Prior to this law, councils only had to assist unhoused persons labelled under 'priority', which included mostly families with young children. [7]

According to the charity Crisis, this law has increased council efficiency via more proficient services, including fewer families being placed into expensive emergency accommodation. [8]

Scotland

The Homelessness etc. (Scotland) Act 2003 was legislation passed by the Scottish Parliament that set the goal of providing permanent residence to those deemed unintentionally homeless. [9] Following, the Homeless Persons (Unsuitable Accommodation) (Scotland) Order 2004 was passed in 2004. This order made it so that, unless exceptional circumstances were present, any familial unit including children or an expectant mother was not placed in "unsuitable temporary housing". [9] Scotland's most recent anti-homelessness legislation is entitled The Housing Support Services (Homelessness)(Scotland) Regulations 2012, and it came into full effect on June 1, 2013. These regulations require local authorities to assist homeless people in a variety of ways, including help in adjusting to a new living situation, debt counseling and managing a personal budget. [10]

Since 2012, Scotland have gained some of the strongest homelessness rights in the world. [11] This is as a result of the insertion of having no distinction between the idea of 'priority' and 'non-priority' homeless, this creates an opportunity for anyone houseless to be entitled to at least temporary, and usually permanent accommodation. [12]

United States

The 1987 McKinney–Vento Homeless Assistance Act: A change created by the amendments of 1992 was the creation of the Access to Community Care and Effective Services and Support program (or ACCESS); this program was created in order to assist the homeless people who had both serious mental illness issues, as well as substance abuse problems and lasted a total of 5 years. [13]

The Fair Housing Act passed in 1968 was designed to protect those who were traditionally discriminated against by housing agencies because of their race, gender, religion, familial status, and disability. [14] Some states and cities also gave homeless people equal access to housing accommodations regardless of their income. Although this Act did not specifically refer to the homeless population, the main beneficiaries of this law were homeless individuals. [14]

The Americans with Disabilities Act of 1990, also known as the ADA states that people with disabilities must be given appropriate housing accommodations that meet their special needs. [14] Additionally, people with disabilities should be given the chance to interact with people who do not have disability. [14]

Laws criminalizing behaviors engaged in by homeless people

Laws that criminalize homeless people generally take on one of five forms: [15] [16]

England and Wales

The 1977 Housing (Homeless Persons) Act greatly restricted requirements for housing homeless people so that only individuals who were affected by natural disasters could receive housing accommodations from the local authorities. [18] This led to the rejection of the majority of homeless applications received by the local government. This Act also made it difficult for homeless individuals without children to receive accommodations provided by local authorities. [18]

Rough sleeping is viewed as a criminal offence under Vagrancy Act 1824. [19] Nowadays, this law is primarily used to move individuals without formal caution or arrest. [20]

United States

Homeless people find it harder to secure employment, housing, or federal benefits with a criminal record, and therefore penalizing the act of being homeless makes exiting such a situation much more difficult. They may face potential legal repercussions such as fines and jail time for seeking shelter in vehicles (Tennessee) and "loitering". [15] Although the court's opinion in Jones v. City of Los Angeles (see above) was vacated, the result suggests that criminalizing homelessness may be unconstitutional. Similarly, in response to growing reports of hate crimes, some state governments have proposed the addition of "people experiencing homelessness" to their hate-crimes statutes. [21]

One study in Colorado examined a common justification for anti-homelessness laws – that a "tough love" approach ultimately increased the death and suicide rate of the homeless population – and found that the homeless reported worse quality of life due to the laws. [22] Another study in California found that people experiencing extreme poverty face apathy, disrespect, and discrimination from police enforcing anti-homelessness laws, resulting in a reluctance to seek services and to engage with outreach when offered. [23]

Many municipalities in the US make it a crime to provide food or shelter to homeless people, [24] [25] with many more attempting to make it illegal for homeless people themselves to use tents or blankets while sheltering outside, or to use soap in public showers. [26] [27]

Europe

The European Court of Human Rights ruled that an anti-begging ordinance in Geneva violated human rights in the 2021 Lăcătuș v. Switzerland case. The plaintiff was from the Romani people in Romania and had been fined more than 400 euros for begging. [28]

Hungary

Hungary criminalizes homelessness and is addressed in its constitution, which is seen as part of a broader illiberal governance in the country. [29] Sleeping in a public space is illegal and violators can be fined or jailed. [30] One study found that the criminalization of homelessness increased tolerance for extralegal violence against homeless individuals. [31]

Anti-homeless architecture

Anti-homeless architecture is an urban design strategy that is intended to discourage loitering, camping, and sleeping in public. [32] While this policy does not explicitly target homeless people, it restricts the ways in which people can use public spaces, which affects the homeless population. [33]

Anti-homeless spikes on a shop ledge. Anti-homeless spikes.jpg
Anti-homeless spikes on a shop ledge.

This strategy can take many forms, including: [34]

These forms of architecture are also referred to as hostile architecture. They can make life for the homeless more difficult as they modify public spaces that would otherwise be accessible. Arguments are put forward that the resources spent on the upkeep and design of hostile architecture should instead spent on addressing the root causes of homelessness. [35]

The Oregon Department of Transportation placed large boulders in several locations to discourage illegal camping near freeways. [36] Anti-homeless spikes were installed in London, England, and New York City in order to make homeless activity more difficult. [33] [37] Anti-homeless architecture is a common tactic in major cities. Local governments often employ anti-homeless architecture practices following complaints from local business owners as the presence of homeless individuals lowers property prices and discourages business traffic. [38]

Critics of anti-homeless architecture claim that it targets an already vulnerable population, and that it hides the effects of homelessness, rather than meaningfully addressing it. [39]

Perception of homelessness and policy implications

United States

The authors of a 2017 study on homelessness stated that homeless people have a higher incidence of sickness, with their most common health problem being skin problems. Homeless people also have a lack of access to sanitation, leading to poor hygiene. These characteristics are noticeable and may trigger reactions of disgust from onlookers. This leads the general public to keep their physical distance from homeless people, and promotes exclusionary policies. As an example, these authors state that while the majority of the general public support subsidized housing for homeless individuals, they do not want that housing in their own neighborhood. [40]

But the public also maintains concern for homeless people, supporting increases in federal spending on homelessness programs. In fact, when surveyed, the public supports spending on homelessness over other social problems by consistently putting homeless people in the top third of their spending priorities. [41]

Respondents to surveys also feel that 55% of homeless people are addicted to drugs or alcohol, and that 45% of homeless people have been to jail before. The majority of U.S. residents surveyed also think that homeless people make neighborhood worse, and that their presence brings down the profitability of local businesses. [41]

See also

Related Research Articles

<span class="mw-page-title-main">Homelessness in the United States</span>

In the United States, the number of homeless people on a given night in January 2023 was more than 650,000 according to the Department of Housing and Urban Development. Homelessness has increased in recent years, in large part due to an increasingly severe housing shortage and rising home prices in the United States.

<span class="mw-page-title-main">Anti-discrimination law</span> Legislation designed to prevent discrimination against particular groups of people

Anti-discrimination law or non-discrimination law refers to legislation designed to prevent discrimination against particular groups of people; these groups are often referred to as protected groups or protected classes. Anti-discrimination laws vary by jurisdiction with regard to the types of discrimination that are prohibited, and also the groups that are protected by that legislation. Commonly, these types of legislation are designed to prevent discrimination in employment, housing, education, and other areas of social life, such as public accommodations. Anti-discrimination law may include protections for groups based on sex, age, race, ethnicity, nationality, disability, mental illness or ability, sexual orientation, gender, gender identity/expression, sex characteristics, religion, creed, or individual political opinions.

<span class="mw-page-title-main">Homeless women in the United States</span>

Out of 10,000 female individuals 13 are homeless in the United States. Although studies reflect that circumstances vary depending on each individual, the average homeless woman is 35 years old, has children, is a member of a minority community, and has experienced homelessness more than once in their lifetime.

<span class="mw-page-title-main">McKinney–Vento Homeless Assistance Act</span> Federal law in the United States

The McKinney–Vento Homeless Assistance Act of 1987 is a United States federal law that provides federal money for homeless shelter programs. It was the first significant federal legislative response to homelessness, and was passed by the 100th United States Congress and signed into law by President Ronald Reagan on July 22, 1987. The act has been reauthorized several times over the years.

<span class="mw-page-title-main">Homelessness in England</span> Overview of homelessness in England

In England, local authorities have duties to homeless people under Part VII of the Housing Act 1996 as amended by the Homelessness Act 2002. There are five hurdles which a homeless person must overcome in order to qualify as statutory homeless. If an applicant only meets the first three of these tests Councils still have a duty to provide interim accommodation. However an applicant must satisfy all five for a Council to have to give an applicant "reasonable preference" on the social housing register. Even if a person passes these five tests councils have the ability to use the private rented sector to end their duty to a homeless person.

A reasonable accommodation is an adjustment made in a system to accommodate or make fair the same system for an individual based on a proven need. That need can vary. Accommodations can be religious, physical, mental or emotional, academic, or employment-related, and law often mandates them. Each country has its own system of reasonable accommodations. The United Nations use this term in the Convention on the Rights of Persons with Disabilities, saying refusal to make accommodation results in discrimination. It defines a "reasonable accommodation" as:

... necessary and appropriate modification and adjustments not imposing a disproportionate or undue burden, where needed in a particular case, to ensure to persons with disabilities the enjoyment or exercise on an equal basis with others of all human rights and fundamental freedoms;

<span class="mw-page-title-main">Homelessness in the United Kingdom</span> Overview of homelessness in the United Kingdom

Homelessness in the United Kingdom is measured and responded to in differing ways in England, Scotland, Wales and Northern Ireland, but affects people living in every part of the UK's constituent countries. Most homeless people have at least a modicum of shelter but without any security of tenure. Unsheltered people, "rough sleepers", are a small minority of homeless people.

<span class="mw-page-title-main">Homelessness</span> Lacking stable, safe, functional housing

Homelessness, also known as houselessness or being unhoused or unsheltered, is the condition of lacking stable, safe, and functional housing. It includes living on the streets, moving between temporary accommodation with family or friends, living in boarding houses with no security of tenure, and people who leave their homes because of civil conflict and are refugees within their country.

<span class="mw-page-title-main">Discrimination against homeless people</span> Unfavorable treatment of homeless persons

Discrimination against homeless people is the act of treating homeless people or people perceived to be homeless unfavorably. As with most types of discrimination, it can manifest in numerous forms.

<span class="mw-page-title-main">Right to housing</span> Economic, social and cultural right

The right to housing is the economic, social and cultural right to adequate housing and shelter. It is recognized in some national constitutions and in the Universal Declaration of Human Rights and International Covenant on Economic, Social and Cultural Rights. The right to housing is regarded as a freestanding right in the International human rights law which was clearly in the 1991 General Comment on Adequate Housing by the UN Committee on Economic, Social and Cultural Rights. The aspect of the right to housing under ICESCR include: availability of services, infrastructure, material and facilities; legal security of tenure; habitability; accessibility; affordability; location and cultural adequacy.

The Homeless Bill of Rights refers to legislation protecting the civil and human rights of homeless people. These laws affirm that homeless people have equal rights to medical care, free speech, free movement, voting, opportunities for employment, and privacy. Legislation of this type is currently being debated at the state level in the United States. Over 120 organizations in five different states have shown public support for a Homeless Bill of Rights and are working towards its implementation. A Homeless Bill of Rights has become law in Rhode Island, Connecticut and Illinois and is under consideration by several other U.S. states, including California, Delaware, Minnesota, Missouri, Oregon, Tennessee, and Vermont.

<span class="mw-page-title-main">Homelessness in the San Francisco Bay Area</span>

The San Francisco Bay Area comprises nine northern California counties and contains five of the ten most expensive counties in the United States. Strong economic growth has created hundreds of thousands of new jobs, but coupled with severe restrictions on building new housing units, it has resulted in a statewide housing shortage which has driven rents to extremely high levels. The Sacramento Bee notes that large cities like San Francisco and Los Angeles both attribute their recent increases in homeless people to the housing shortage, with the result that homelessness in California overall has increased by 15% from 2015 to 2017. In September 2019, the Council of Economic Advisers released a report in which they stated that deregulation of the housing markets would reduce homelessness in some of the most constrained markets by estimates of 54% in San Francisco, 40 percent in Los Angeles, and 38 percent in San Diego, because rents would fall by 55 percent, 41 percent, and 39 percent respectively. In San Francisco, a minimum wage worker would have to work approximately 4.7 full-time jobs to be able to spend less than 30% of their income on renting a two-bedroom apartment.

<span class="mw-page-title-main">Hostile architecture</span> Civic design intended to leave out certain populations

Hostile architecture is an urban-design strategy that uses elements of the built environment to purposefully guide behavior. It often targets people who use or rely on public space more than others, such as youth, poor people, and homeless people, by restricting the physical behaviours they can engage in.

<span class="mw-page-title-main">Homelessness in South Africa</span> Overview of homelessness in South Africa

Homelessness in South Africa dates back to the apartheid period. Increasing unemployment, lack of affordable housing, social disintegration, and social and economic policies have all been identified as contributing factors to the issue. Some scholars argue that solutions to homelessness in South Africa lie more within the private sphere than in the legal and political spheres.

<span class="mw-page-title-main">Homelessness in Florida</span>

According to the United States Interagency Council on Homelessness, as of January 2017, there are an estimated 32,190 homeless individuals in Florida. Of this high number, 2,846 are family households, 2,019 are unaccompanied young adults, 2,817 are veterans, and an estimated 5,615 are individuals experiencing chronic homelessness. According to a January 2020 count, this figure was 27,487 on any given day, a decrease from previous years. According to the U.S. Department of Housing and Urban Development, as of December 2022, the estimate for homeless individuals has dropped to 25,959, about 5% of the total U.S. population. This is in spite of fears that moratorium's on evictions ending could lead to an increase in the homeless population.

<span class="mw-page-title-main">Homelessness in the United States by state</span>

Homelessness in the United States has differing rates of prevalence by state. The total number of homeless people in the United States fluctuates and constantly changes, hence a comprehensive figure encompassing the entire nation is not issued, since counts from independent shelter providers and statistics managed by the United States Department of Housing and Urban Development vary greatly. Federal HUD counts hover annually at around 500,000 people. Point-in-time counts are also vague measures of homeless populations and are not a precise and definitive indicator for the total number of cases, which may differ in both directions up or down. The most recent figure for 2019, was 567,715 individuals nationally that experienced homelessness at a point in time during this period.

<span class="mw-page-title-main">Homelessness in Colorado</span>

Homelessness is a growing problem in Colorado and is considered the most important social determinants of health. Homelessness is very difficult for many Coloradoans to escape due to the continuous increase in costs for housing in Colorado, along with mental health treatments and other factors. When people are forced to live without stable shelter, they are then exposed to a number of risk factors that affect physical and mental health. Although it is difficult to pin point any one cause of homelessness, there is a complicated combination of societal and individual causes.

<span class="mw-page-title-main">Homelessness in California</span>

The United States Department of Housing and Urban Development estimated that more than 181,399 people were experiencing homelessness in California in January 2023. This is one of the highest per capita rates in the nation, with 0.46% of residents estimated as being homeless. More than two-thirds of homeless people in California are unsheltered, which is the highest percentage of any state in the United States. 49% of the unsheltered homeless people in the United States live in California. Even those who are sheltered are so insecurely, with 90% of homeless adults in California reporting that they spent at least one night unsheltered in the past six months.

<span class="mw-page-title-main">Homelessness in New Mexico</span> New Mexico, US

Homelessness is a serious issue throughout the state of New Mexico. Through a demographic examination it becomes evident that New Mexico has a high proportion of ethnographies that are currently and historically socioeconomically disadvantaged. Native Americans as a proportion of the US population represent the second highest amongst all States with only Alaska having a higher ratio, while it also has a large Hispanic population. Homelessness is a direct cause from an individual not being able to provide themselves with the most basic of necessities to maintain a healthy life hence having a higher proportion of individuals in poverty places a greater risk of an individual becoming homeless.

41.18, also known as Los Angeles Municipal Code, Section 41.18(d), is an ordinance in Los Angeles prohibiting by law that there will be no "sitting, lying, or sleeping, or ... storing, using, maintaining, or placing personal property in the public right-of-way."

References

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  2. ↑ Lund, Brian (2016). "Homelessness politics". In Lund, Brian (ed.). Housing politics in the United Kingdom. Power, planning and protest (1st ed.). Bristol University Press. pp. 207–232. doi:10.2307/j.ctt1t89499.12. ISBN   978-1-4473-2710-3. JSTOR   j.ctt1t89499.12.
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  5. ↑ "Homelessness code of guidance for local authorities".
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  9. 1 2 Homelessness statistics in Scotland:2006-07 > Part 1 The Scottish Government Publications, accessed March 30th 2008
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  15. 1 2 Amster, Randall (2008). Lost in Space: The Criminalization, Globalization, and Urban Ecology of Homelessness. New York: LFB Scholarly. ISBN   978-1-59332-297-7. OCLC   221150739.
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  17. ↑ France, Anatole (1894). "VII". Le lys rouge (in French). Ils y doivent travailler devant la majestueuse égalité des lois, qui interdit au riche comme au pauvre de coucher sous les ponts
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  19. ↑ Sturge, Georgina; Cromarty, Hannah; Ryan, Joe (8 June 2021). "Rough Sleepers: Enforcement Powers (England)".
  20. ↑ Sturge, Georgina; Cromarty, Hannah; Ryan, Joe (8 June 2021). "Rough Sleepers: Enforcement Powers (England)".
  21. ↑ Lichtblau, Eric (8 August 2009). "Attacks on Homeless Bring Push on Hate Crime Laws". The New York Times. Retrieved 2018-06-15.
  22. ↑ Robinson, Tony (January 2019). "No Right to Rest: Police Enforcement Patterns and Quality of Life Consequences of the Criminalization of Homelessness". Urban Affairs Review. 55 (1): 41–73. doi:10.1177/1078087417690833. ISSN   1078-0874. S2CID   157576791.
  23. ↑ Welsh Carroll, Megan; Flanigan Carroll, Shawn; Gutierrez III, Nicolas (June 2022). "Black Lives Experiencing Homelessness Matter: A Critical Conceptual Framework for Understanding How Policing Drives System Avoidance among Vulnerable Populations". Public Integrity. 25 (3): 285–300. doi: 10.1080/10999922.2022.2090779 .
  24. ↑ "Pastor Facing Criminal Charges After Giving Homeless People Shelter In Ohio Church". HuffPo.
  25. ↑ ""Criminalizing the Samaritan": Why cities across the US are making it illegal to feed the homeless". Salon.
  26. ↑ "The Supreme Court will decide whether local anti-homeless laws are 'cruel and unusual'". PBS.
  27. ↑ "Surfside's attempt to criminalize soap is latest attack on homeless people". Miami Herald.
  28. ↑ "ECtHR: penalising begging in blanket manner breaches human dignity and privacy rights". EU Law Live. 19 January 2021. Retrieved 27 October 2021.
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  31. ↑ Faragó, Laura; Ferenczy-Nyúl, Dávid; Kende, Anna; Krekó, Péter; Gurály, Zoltán (2021). "Criminalization as a justification for violence against the homeless in Hungary". The Journal of Social Psychology. 162 (2): 216–230. doi:10.1080/00224545.2021.1874257. PMID   33470185. S2CID   231653347.
  32. ↑ Chellew, Cara (2019-06-13). "Defending Suburbia: Exploring the Use of Defensive Urban Design Outside of the City Centre". Canadian Journal of Urban Research. 28 (1): 19–33. ISSN   2371-0292.
  33. 1 2 Petty, James (2016). "The London Spikes Controversy: Homelessness, Urban Securitisation and the Question of 'Hostile Architecture'". International Journal for Crime, Justice and Social Democracy. 5: 67–81. doi: 10.5204/ijcjsd.v5i1.286 . ProQuest   2269385649.
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  35. ↑ "Rough sleeping: Call to ban 'anti-homeless' benches". BBC News. 9 March 2019.
  36. ↑ Monahan, Rachel (June 19, 2019). "Oregon Officials Deter Portland Homeless Campers With a Million Dollars' Worth of Boulders". Willamette Week. Retrieved December 6, 2020.
  37. ↑ Legro, Michelle (November 1, 2018). "The City That Will Never Let You Sleep". Topic.
  38. ↑ Waters, Rob (February 18, 2019). "No Place Left to Go: Business Districts Keep Homeless Populations on the Move". nextcity.org. Retrieved 2020-12-06.
  39. ↑ Andreou, Alex (2015-02-18). "Defensive architecture: keeping poverty unseen and deflecting our guilt". the Guardian. Retrieved 2020-12-06.
  40. ↑ Clifford, Scott; Piston, Spencer (June 2017). "Explaining Public Support for Counterproductive Homelessness Policy: The Role of Disgust". Political Behavior. 39 (2): 503–525. doi:10.1007/s11109-016-9366-4. hdl: 2144/31477 . S2CID   151539353.
  41. 1 2 Link, Bruce G.; Schwartz, Sharon; Moore, Robert; Phelan, Jo; Struening, Elmer; Stueve, Ann; Colten, Mary Ellen (August 1995). "Public knowledge, attitudes, and beliefs about homeless people: Evidence for compassion fatigue?". American Journal of Community Psychology. 23 (4): 533–555. doi:10.1007/BF02506967. PMID   8546109. S2CID   26492219. ProQuest   1295917392.
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