Legislation Related to Homelessness

The following are news articles covering legislation specifically aimed to ease or eliminate homelessness. In addition, the League of Oregon Cities published a fantastic guide on the current legal situation regarding public spaces. It’s called the Guide to Persons Experiencing Homelessness in Public Spaces (June 2022 & Updated October 2022). It’s available at https://www.orcities.org/application/files/2316/6698/8851/LOCHomelessLegalGuideUpdated10-28-22.pdf.

The first section covers important court cases. We’re not attorneys but as we read newspaper articles the “Boise Case” is a ruling by the 9th Circuit Court of Appeals that basically says homelessness cannot be criminalized. As a result of that ruling many jurisdictions continued the “hammer” approach and simply moved the punishment to fines instead of jail time. The “Grants Pass” ruling (apparently being appealed) effectively shut down that strategy… for now. Read the details below.

If you are aware of additional information you would enjoy seeing listed here, send us a note with a description (and hopefully links)!

Court Cases (click on each tab )

Blake/Johnson v. City of Grants Pass

The lawsuit, brought by Oregon Law Center on behalf of the plaintiffs, built on the landmark 2018 decision by the Ninth U.S. Circuit Court of Appeals in Martin v. Boise, which declared it unconstitutional to punish people for sleeping outdoors in public spaces when there aren’t adequate and accessible shelter beds.¹ The original “short name” of the case was Blake v. City of Grants Pass. Due to the death of plaintiff Blake, the cause was subsequently called Johnson v. City of Grants Pass. The original case had multiple co-plaintiffs.

¹ See https://www.streetroots.org/news/2021/02/24/judge-struck-down-grants-pass-anti-camping-policy-campers-are-still-told-move-along and https://apnews.com/article/id-state-wire-or-state-wire-oregon-wa-state-wire-courts-da9bf56247cdb8a92b711e46e0d523b7.

Johnson v. City of Grants Pass (Appeal): Opinion - Sept 28, 2022

While not a completely accurate description, sometimes this case has been described as potentially expanding the Boise case, which involved criminal penalties for homeless sleeping/camping, to infractions (fines). A potential summary of the opinion states:

…the panel affirmed the district court’s ruling that the City of Grants Pass could not, consistent with the Eighth Amendment, enforce its anti-camping ordinances against homeless persons for the mere act of sleeping outside with rudimentary protection from the elements, or for sleeping in their car at night, when there was no other place in the City for them to go. The panel held that Martin applied to civil citations where, as here, the civil and criminal punishments were closely intertwined.

Read the opinion here.

Blake v. City of Grants Pass (Appeal): Opening Brief of Grants Pass - March 31, 2021

Read the brief here.

Plaintiffs are awarded the amount of $300,000, for their costs and attorney fees - October 5, 2020

“Plaintiffs are awarded the amount of $300,000, for their costs and attorney fees.” As I understand this (as a non-lawyer) this “disappears” if the City wins its appeal of the underlying case. The notice of appeal was filed October 8, 2020. I’m guessing if the City loses the appeal it will potentially be on the hook for additional plaintiffs fees.

Stating the obvious… this $300K, as well as the City’s own internal costs, could have been invested into actually solving the multiple problems associated with homelessness instead of trying to “fine” the problems away….

Read the agreement here.

Oregon judge: Cities cannot fine people for living outside - August 12, 2020

GRANTS PASS — An Oregon city has joined Boise in eliciting a precedent-setting court ruling that could change how cities nationwide cite and fine people living outside.

A U.S. judge decided last month that Grants Pass violated its homeless residents’ Eighth Amendment rights by excluding them from parks without due process and citing them for sleeping outside, The Oregonian/OregonLive reported.

The ruling builds on the landmark 2018 Martin v. City of Boise case that said cities cannot make it illegal for people to sleep or rest outside without providing sufficient indoor alternatives.

Grants Pass City Attorney Mark Bartholomew said the city plans to appeal.

Read the article here.

Houseless plaintiffs win in lawsuit against Grants Pass - July 23, 2020

In a town where no year-round emergency shelter is provided, people forced to sleep outside will have relief from punitive measures

by Emily Green | 23 Jul 2020

A federal judge on Wednesday issued an opinion in the class-action lawsuit homeless residents brought against the Southern Oregon town of Grants Pass, finding the town’s use of violations and fines to punish people for sleeping outside is unconstitutional.

This ruling has implications for other jurisdictions in Oregon that leverage violations and fines against people experiencing homelessness for sleeping outside when there is nowhere else for them to rest.

Read the Street Roots article here.

Blake v. City of Grants Pass: OPINION AND ORDER - July 22, 2020

CLARKE, Magistrate Judge. OPINION AND ORDER

The link below points to the Summary Judgment ruling issued July 22, 2020. The case is a class action lawsuit against the City of Grants Pass related to the issuance of citations related to homelessness in situations without adequate shelter. A couple of quotes from the judge’s conclusion are noteworthy:

“The holding in this case does not say that Grants Pass must allow homeless camps to be set up at all times in public parks. Just like in Martin, this holding in no way dictates to a local government that it must provide sufficient shelter for the homeless, or allow anyone who wishes to sit, lie, or sleep on the street at any time and at any place. See Martin, 920 F.3d 584, 617. Nor does this holding ‘cover individuals who do have access to adequate temporary shelter, whether they have the means to pay for it or because it is realistically available to them for free, but who choose not to use it.’ Id, at n. 8. The City may implement time and place restrictions for when homeless individuals may use their belongings to keep warm and dry and when they must have their belonging packed up. The City may also implement an anti-camping ordinance that is more specific than the one in place now.”

“There are many options available to Grants Pass to prevent the erection of encampments that cause public health and safety concerns without violating the Eight Amendment. The Court reminds governing bodies of the importance of empathy and thinking outside the box. We must try harder to protect our most vulnerable citizens. Let us not forget that homeless individuals are citizens just as much as those fortunate enough to have a secure living space.”

Read the ruling here.

Martin v. City of Boise

This leaves in place earlier rulings by the 9th Circuit that homeless persons cannot be punished for sleeping outside on public property in the absence of adequate alternatives. People experiencing unsheltered homelessness—at least in the 9th Circuit—can sleep more safely without facing criminal punishment for simply trying to survive on the streets.¹

¹ See https://nlchp.org/supreme-court-martin-v-boise/.

Supreme Court Lets Martin v. Boise Stand: Homeless Persons Cannot Be Punished for Sleeping in Absence of Alternatives - December 16, 2019

(December 16, 2019, Washington, DC) – This morning, the U.S. Supreme Court denied a petition by the city of Boise to review the case Martin v. Boise (formerly Bell v. Boise). This leaves in place earlier rulings by the 9th Circuit that homeless persons cannot be punished for sleeping outside on public property in the absence of adequate alternatives. People experiencing unsheltered homelessness—at least in the 9th Circuit—can sleep more safely without facing criminal punishment for simply trying to survive on the streets.

The Supreme Court’s decision, issued without comment, means the April 2019 ruling is binding in the 9th Circuit, covering nine states including most of the western states, and carries national influence….

Read the article here.

Martin v. City of Boise: Harvard Law Review - December 10, 2019

When should judges protect the people, and when should they defer to them? In countless contentious cases, courts have split: majorities invalidate laws to defend rights; dissents decry the decisions as undemocratic. Recently, in Martin v. City of Boise, the Ninth Circuit engaged in that familiar back-and-forth, this time sparring over the constitutionality of two city ordinances that banned sleeping and camping on public property. After a panel held that absolute bans violate the Eighth Amendment rights of homeless people, Judge Milan Smith, dissenting from a denial of rehearing en banc, accused his “unelected[] colleagues [of] improperly inject[ing] themselves into the role of public policymaking” and thereby creating chaos for “hundreds of local governments . . . and . . . millions of people.” But this fractious debate is belied by the panel’s narrow holding, which neither protected homeless people nor precluded democratic politics….

Read the [very legalistic] article here.

U.S. Court of Appeals for the Ninth Circuit: Martin v. City of Boise - PUBLISHED OPINION - September 4, 2018

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Appeal from the United States District Court
for the District of Idaho
Ronald E. Bush, Chief Magistrate Judge, Presiding
Argued and Submitted July 13, 2017
Portland, Oregon
Filed September 4, 2018
Before: Marsha S. Berzon, Paul J. Watford,
and John B. Owens, Circuit Judges.
Opinion by Judge Berzon;
Partial Concurrence and Partial Dissent by Judge Owens

Read the Court’s Opinion here.

Warren v. City of Chico

April 2022 update… Move in Day! … and one year later.

“Chico’s emergency non-congregate housing site began its operations Monday, opening for the first time as a result of the Warren v. Chico settlement agreement.

The site, composed of 177 microshelters from the company Pallet, opened at 7:30 a.m. Monday, a long awaited service to provide housing for unhoused people or those at-risk of homelessness in Chico.

The first occupant was at the site by 11 a.m.” See the story at https://www.chicoer.com/2022/04/25/chico-pallet-shelters-get-first-occupant/.

Here’s another story… one year later: https://www.actionnewsnow.com/news/local/a-look-at-chicos-pallet-shelter-one-year-after-opening/article_ca784c5a-e3e3-11ed-ae34-77ba81030e47.html.

Rick’s original comments….

Tends in Comanche Creek Greenway in Chico — Tents line both sides of the path through Comanche Creek Greenway in Chico. (Chico Enterprise-Record file photo – Matt Bates)

From my experience sometimes doing something, even if it’s not the best thing, has the potential to bring about a good thing. From this non-lawyer’s perspective, the Chico city council began “solving” homelessness with a “stick” approach. Unfortunately, that approach apparently ran afoul of the constitution (according to Boise decision)…. The story unfolds with a lawsuit from some of Chico’s unhoused population to a settlement agreement in which 50 to 177 Pallet shelters will be provided. Which may be a good thing. We’ll see over time how the site is managed.

Two items from the settlement agreement (Document 153-1):

(1) “In entering into this Agreement, Defendants are not admitting any wrongdoing, liability or legal violations on their part and are not conceding the validity of any of Plaintiffs’ legal theories or claims” and (2) “The City shall pay Plaintiffs’ counsel a total of $650,000, comprising payment for Plaintiffs’ claims for attorneys’ fees and costs.” I could be way off base here but I’m guessing the City, the defendant, wouldn’t agree to pay Plaintiffs’ counsel this sum without being concerned they would lose at trial. I could be wrong….

From the Chico Enterprise-Record:
“With Chico’s non-congregate emergency housing site now accepting residents, let’s take a look back at a few of the actions that set the stage.

First, when the Chico Police Department informed campers at Comanche Creek Greenway in April 2021 they’d have 72 hours to vacate, some residents in Chico sighed in relief, having become fed up with the sight of homeless people in the parks. Other Chico residents saw it as a violation of human rights without adequate shelter space available within city limits.

What followed the 72-hour notice became a winding, strenuous, and delayed legal process with a lawsuit that, while largely settled, still has a few sticking points in terms of operating the shelter….” Read the story here and the settlement here.

To see the latest court documents on this case click here (some are available below).

Click on each item below to expand (most recent at the top):

Document 153 - January 14, 2022 - Settlement Agreement

The parties reached a settlement agreement that included: (1) “Part of the settlement consists of measures already in motion, such as the emergency Pallet shelter site at the former BMX Park on Martin Luther King Jr. Parkway, which was paid for by Butte County and will be maintained by the city of Chico. This site will offer ‘at least 50, but no more than 177’ Pallet shelters for the unhoused” ; and “The settlement also calls for the city to pay the eight plaintiffs a total of $12,000, or $1,500 apiece, and to cover attorney fees totaling $650,000 for Legal Services of Northern California and other co-representatives in the case” (see).

The stipulated order is here and the settlement agreement is here.

Document 57 - April 16, 2021 - Chico's Answer to the Complaint

This is the city’s response (answer) to the initial complaint from the individuals experiencing homelessness. 2021-04-16 Warren v. City of Chico – Document 57 – Answer to complaint, 2021-04-16 Warren v. City of Chico – Document 57-1 – Answer to complaint – Mark Orme – city manager, and 2021-04-16 Warren v. City of Chico – Document 57-2 – Answer to complaint – Paul Ratto.

Document 1 - April 8, 2021 - Complaint

This is the original complaint filed by eight homeless individuals in Chico. It’s 31 pages long but well worth reading to see what life was like after the fires and the dramatic increase in homelessness. 2021-04-08 Warren v. City of Chico – Document 1 – Complaint

LA Alliance v. Los Angeles

At a time when record levels of resources are going to address LA’s homelessness crisis, the situation continues to spin out of control. Everyone agrees that the status quo is unacceptable – for the unsheltered and sheltered alike – yet our leaders keep trying the same solutions and getting the same results. The LA Alliance for Human Rights sued the City and County of Los Angeles to break this cycle and to compel our local leaders to act urgently and creatively to solve this crisis in all of our neighborhoods, from Downtown to Venice and from Hollywood to Northridge, just to name a few. —LA Alliance for Human Rights¹

¹ Retrieved June 25, 2021 from https://www.la-alliance.org/.

Last Updated on August 22, 2022

In March of 2020 the L.A. Alliance for Human Rights (and others) filed a Complaint against the City and County of Los Angeles (and others) concerning the overwhelming number of Angelenos experiencing homelessness. The Complaint begins “People are perishing in the streets at a rate of three per day while the City and County of Los Angeles have tried but failed to stem this tide of human tragedy. The numbers alone are staggering. There are 58,936 homeless individuals in Los Angeles County (“County”) and 36,300 in the City of Los Angeles’ (“City”)—an increase of 12 percent and 16 percent from just the prior year’s count, respectively.”

Just over a year later, April of 2021, the plaintiffs filed a Motion for Preliminary Injunction to compel certain actions (per Wikipedia, “An injunction is a… special court order that compels a party to do or refrain from specific acts”).

On April 20, 2021, the Court did indeed issue the injunction. In doing so it said “For decades in Los Angeles, the desperation of its citizens has been met with a yawn.” Among other things the Court ordered “Within no more than 90 days (i.e., on or before July 19, 2021), the City and County must offer and if accepted provide shelter or housing immediately to all unaccompanied women and children living in Skid Row; within 120 days (i.e., on or before August 18, 2021) to all families living in Skid Row; and within 180 days (i.e., on or before October 18, 2021) to the general population living in Skid Row.”

The defendants immediately filed a notice of appeal… in which they prevailed. The District Court continued to encourage the parties to reach a settlement agreement… which they accomplished in May-June of 2022. Based on the agreement the Court retains jurisdiction for five years.

To see the latest court documents on this case click here.

Click on each item below to expand (the most recent is at the top):

LA Alliance v City of LA - Document 460 - Quarterly Status Update - July 22, 2022

Last Updated on August 22, 2022

LA Alliance v City of LA – Document 460 – Quarterly Status Update – July 22, 2022

A. Exhibit A is the Homeless Roadmap Quarterly Report, which summarizes the type of interventions being developed in each Council District, the number of beds provided in each intervention, the status of each project, and the number of unsheltered Angelenos from each of the three target populations placed in each intervention.

B. Exhibit B contains updated Council District Plans reflecting the current status of each Council District’s Interventions in Development to shelter people experiencing homelessness, and Possible Additional Interventions being contemplated for development.

C. Exhibit C is a report to City Council, dated May 20, 2022, which contains the Office of the City Administrative Officer’s funding recommendations for the City’s interventions.

D. Exhibit D is a report dated May 26, 2022, which contains the Office of the City Administrative Officer’s Amendments to the funding recommendations.

E. Exhibit E is a report dated May 26, 2022 from the Homelessness and Poverty Committee concerning the funding recommendations from the City Administrative Officer.

Read the documents: Cover, Exhibit A, Exhibit B, Exhibit C, Exhibit D, and Exhibit E.

LA Alliance v City of LA - Document 451 - Intervenors Appeal [Proposed Settlement Agreement] - July 13, 2022

Last Updated on August 22, 2022

LA Alliance v City of LA – Document 451 – Intervenors Appeal [Proposed Settlement Agreement] – July 13, 2022

Intervenors Los Angeles Community Action Network and Los Angeles Catholic Worker appeal the District Court’s “signoff” on the settlement agreement with the City.

Read the document here.

LA Alliance v City of LA - Document 445 - Settlement Agreement Approved - June 14, 2022

Last Updated on August 22, 2022

LA Alliance v City of LA – Document 445 – Settlement Agreement Approved – June 14, 2022

The District Court Judge approves the settlement agreement between the plaintiffs and the City of Los Angeles. The Court is to retain jurisdiction for five years.

Read the document here.

LA Alliance v City of LA - Document 434[-1] - Intervenors Objections to Stipulated Order of Dismissal [Proposed Settlement Agreement] - May 31, 2022

Last Updated on August 22, 2022

LA Alliance v City of LA – Document 434[-1] – Intervenors Objections to Stipulated Order of Dismissal [Proposed Settlement Agreement] – May 31, 2022

Intervenors Los Angeles Community Action Network and Los Angeles Catholic Worker, for many reasons, objected to the settlement agreement.

Read the 2-part documents here and here.

LA Alliance v City of LA - Document 426-1 - Motion to Dismiss with Attached Proposed Settlement Agreement - May 24, 2022

Last Updated on August 22, 2022

LA Alliance v City of LA – Document 426-1 – Motion to Dismiss with Attached Proposed Settlement Agreement – May 24, 2022

The parties filed a motion to dismiss with the settlement agreement attached. This agreement is with the City only.

Read the article here.

LA Alliance v City of LA – Document 408-1 – Preliminary Settlement Agreement – April 1, 2022

Last Updated on August 22, 2022

LA Alliance v City of LA – Document 408-1 – Preliminary Settlement Agreement – April 1, 2022

The parties filed a notice of preliminary settlement agreement with the details attached. This agreement is with the City only.

Read the article here.

LA Alliance v City of LA – Document 352 – Court of Appeals Opinion – September 23, 2021

Last Updated on August 22, 2022

LA Alliance v City of LA – Document 352 – Court of Appeals Opinion – September 23, 2021

Earlier this year the defendants appealed the District Court’s Preliminary Injunction to the 9th Circuit. The appellate court ruled “we VACATE the preliminary injunction order and REMAND” (send it back to the district court). It appears the parties went back to work in search of a settlement agreement.

Read the article here.

LA Alliance v City of LA – Document 330 – State Funding Addressing Homelessness – May 29, 2021

Last Updated on August 22, 2022

LA Alliance v City of LA – Document 330 – State Funding Addressing Homelessness – May 29, 2021

This is a mishmash of city & state documents — audit overviews, etc. — suggesting a less than stellar performance by government responding to the crisis. As an example, one letter (page 21-22 of pdf) from Ron Galperin, [City of Los Angeles] Controller, discusses the slow progress and escalating costs of the use of Proposition HHH bond funds to develop up to 10,000 supportive housing units. Mr. Galperin says building cost estimates skyrocketed to $531,000 per unit today (2019). “The cost of building many of these units exceeds the median sale price of a market-rate condominium in the City of Los Angeles and a single-family home in Los Angeles County.” Well done!

Read the article here.

LA County/City say proposed court order to house Skid Row’s homeless won’t stand - April 20, 2021

Last Updated on August 22, 2022

LA Alliance for Human Rights, et al. v. City of Los Angeles, et al. - Notice of Interlocutory Appeal - April 20, 2021

Last Updated on August 22, 2022

LA Alliance for Human Rights, et al. v. City of Los Angeles, et al. – Notice of Interlocutory Appeal – April 20, 2021

The Notice of Interlocutory Appeal was filed later the same day….

L.A. ordered by judge to provide shelter for entire homeless population on Skid Row by fall - April 20, 2021

Last Updated on August 22, 2022

L.A. ordered by judge to provide shelter for entire homeless population on Skid Row by fall – April 20, 2021

A federal judge overseeing a sweeping lawsuit about homelessness in Los Angeles on Tuesday ordered the city and county to find shelter for all unhoused residents of Skid Row within 180 days and audit any spending related to the out-of-control crisis of people living on the streets.

In a fiery 110-page order, Judge David O. Carter slammed officials’ inability to restrain the unprecedented growth of homelessness that has seen encampments spread into nearly every neighborhood in the region.

Read the article here.

LA Alliance for Human Rights, et al. v. City of Los Angeles, et al. - Preliminary Injunction - April 20, 2021

Last Updated on August 22, 2022

LA Alliance for Human Rights, et al. v. City of Los Angeles, et al. – Preliminary Injunction – April 20, 2021

From the Conclusion of MINUTE ORDER IN CHAMBERS by Judge David O. Carter:

For decades in Los Angeles, the desperation of its citizens has been met with a yawn. Each day, newspaper headlines bring forth different cities and communities calling for action. Meanwhile, politicians measure success by how much money they have raised to combat homelessness. Service providers with clipboards endlessly approach homeless individuals with services and promises to return, yet are unable to provide sufficient shelter or housing. Bureaucrats create statistics trumpeting their efficiency and success to the public. But none of this has led to accountability or solutions. As Councilmember Mark Ridley-Thomas remarked, “the issue of homelessness is of insufficient importance to the decision makers of this region. Therefore, we have this languishing set of circumstances where we chase our tails day in and day out claiming that we’re doing things.”

While this is a 110 page document the provisions of the preliminary injunction start on page 105. The entire court document can be found here.

Note — the appeal was filed the following day….

‘Extraordinary’ homelessness hearing held in LA’s Skid Row - February 4, 2021

Last Updated on August 22, 2022

‘Extraordinary’ homelessness hearing held in LA’s Skid Row – February 4, 2021

LOS ANGELES (AP) — A hearing in a lawsuit seeking solutions for the homelessness crisis in Los Angeles was held Thursday not in a courthouse or via webcam, but at a shelter in the heart of the city’s Skid Row, the notorious section of downtown where thousands of people live on the streets in perilous conditions.

U.S. District Judge David Carter presided from a folding table under a large tent in the parking lot outside Downtown Women’s Center, where encampments line the surrounding sidewalks. The hearing was occasionally interrupted by loud music, honking car horns or shouts from people listening just outside the center’s gate.

“This is an extraordinary hearing,” Carter said, acknowledging the setting but also the scope of the problem facing the court.

Read the article here.

Oregon Legislation

The following point to important discussions regarding legislation impacting homelessness.

The Oregon State Legislature convenes annually in January in the state capitol of Salem. In odd years, sessions may last 160 days, often referred to as “long session.” During the “long session” the legislature approves a two-year state budget for the next biennium. In even years, a “short session” is held. A short session can last a maximum of 35 days.

By Year (click on each tab )

2022

HB 4013 - PASSED - Modifies eligibility requirements for organizations that may receive grants from unaccompanied homeless youth grant program

HB 4013 – Modifies eligibility requirements for organizations that may receive grants from unaccompanied homeless youth grant program

Signed into law by Governor Brown on March 23, 2022 with an effective date of June 3, 2022.

February 8th Staff measure summary “Directs the Oregon Department of Education (ODE) to establish a pilot program to assist school districts in preventing student homelessness with one-time housing assistance payments. Sunsets pilot January 2, 2023. Specifies criteria for organizations that provide services for unaccompanied homeless youth to be eligible for two-year grants from the Department of Human Services (DHS). Appropriates $437,500 to DHS for said grants. Expands tuition and fee waivers available for current and former foster youth, to include current and former homeless youth. Expands eligibility to access independent residence facilities currently available to unmarried persons, to include homeless youth, as defined, and appropriates $750,000 to DHS for this expansion. Appropriates $35,000 to DHS for grants to programs that assist homeless youth to apply for and access tuition and fee waivers and/or independent residence facilities. Directs DHS to include recommendations for legislation as specified and in consultation with Oregon Housing and Community Services (OHCS), to reduce the numbers of youth experiencing homelessness by at least 25 percent over a five-year period, as part of an existing report to the legislature that is due September 15, 2022. Sunsets this additional reporting requirement January 2, 2023. Takes effect on 91st day following adjournment sine die.”

The “Enrolled” version can be found here. View the legislative process on this item here.

HB 4123 - PASSED - Requires Oregon Department of Administrative Services to provide grants for certain coordinated homeless response systems

HB 4123 – Requires Oregon Department of Administrative Services to provide grants for certain coordinated homeless response systems

Signed into law by Governor Brown on March 23, 2022.

Staff summary as of February “Directs the Oregon Department of Administrative Services (DAS) to provide grants to local governments and nonprofit corporations to create a coordinated homeless response system, including a central office and point of contact, representative advisory board, and plans for coordination with any local continuum of care organization. Requires grant moneys be used for staffing, communication, community engagement, policy development and technical assistance efforts. Requires grantee to adopt, within one year, a five-year strategic plan addressing funding needs and goals for: increasing or streamlining resources for people at risk of or experiencing homelessness in the service area; incorporating national best practices; eliminating racial disparities within homeless services; and creating pathways to permanent and supportive housing. Requires grantees to report to the Housing Stability Council within Oregon Housing and Community Services, and one or more interim committees of the Legislative Assembly no later than November 15, 2023 and September 15, 2024 on the grantee’s adopted plan and related opportunities, challenges, and needs related to regional coordinated homeless services and planning. Directs each coordinated homeless response system to develop partnerships with certain local and regional stakeholders, including: homeless and housing service providers; legal aid; law enforcement; and other educational and social service providers. Appropriates $8 million from General Fund to DAS for the establishment of coordinated homeless response systems by the following jurisdictions, named partners and other parties to each grant agreement: $1 million to Benton County; $1 million to Coos County; $1 to Deschutes County; $1 million to Lincoln County; $1 million to the Mid-Columbia Community Action Council; $1 million to Polk County; $1 million to Tillamook County; and $1 million to Umatilla County. Repeals provisions of Act January 2, 2025. Declares emergency, effective upon passage.”

The “Enrolled” version can be found here. View the legislative process on this item here.

HB 4051 - PASSED - Extends sunset of Task Force on Homelessness and Racial Disparities until January 2, 2026

HB 4051 – Extends sunset of Task Force on Homelessness and Racial Disparities until January 2, 2026

Signed into law by Governor Brown on March 23, 2022.

Staff summary as of Feb 14 “Extends sunset date for Task Force on Homelessness and Racial Disparities to January 2, 2026. Directs Task Force to provide a report identifying implementation pathways for changes to the state’s funding structure, modifications for contracting processes, and solutions regarding eligibility and funding of services for individuals experiencing homelessness and housing insecurity. Directs Task Force to deliver reports to an interim committee of the Legislative Assembly by September 15, 2022 and March 31, 2023, and allows Task Force to deliver additional reports outside of the dates identified. Extends date, from July 1, 2022 to July 1, 2023, by which a local government must approve an application for development of land for an emergency shelter, subject to the terms and conditions provided by chapter 18, Oregon Laws 2021. Clarifies that a local government shall allow affordable housing and may not require a zoning change or conditional use permit on property that is: owned either by a public body or nonprofit corporation organized as a religious corporation; or is zoned for commercial use, to allow religious assembly, or as public land. Takes effect on 91st day following adjournment sine die.”

The website for the task force is here (accurate as of August 23, 2022).

The “Enrolled” version can be found here. View the legislative process on this item here.

SB 1539 - increasing access to schools by homeless students

SB 1539 – increasing access to schools by homeless students

“In committee upon adjournment” March 4, 2022.

Summary as of Feb 8 “Directs Oregon Department of Education (ODE) to establish pilot program that awards grants to school districts that have a significant population of homeless students. Specifies eligibility criteria. Requires ODE to select seven districts that will receive grants. Requires districts to report annually on uses of grant funds. Requires that grant moneys be sourced from Statewide Education Initiatives Account and to provide direct assistance to homeless students. Prescribes funding formula for distribution of grants based on average daily membership (ADM) of homeless students in districts. Requires ODE to report annually to interim legislative committees on uses of grant funds beginning November 1, 2022. Becomes operative July 1, 2022. Sunsets July 1, 2025. Requires ODE and the Department of Human Services (DHS) to jointly report to interim legislative committees on homeless student
demographics and uses of grant funds for 2022-2023, 2023-2024, and 2024-2025 school years. Declares emergency, effective on passage.”

Establishes pilot program to provide funding to school districts for purposes of increasing access to schools by homeless students and improving academic achievement of homeless students.

The latest version can be found here. View the legislative process on this item here.

2021

HB 2006 – PASSED! Relating to housing; declaring an emergency – 81st OREGON LEGISLATIVE ASSEMBLY–2021 - February 2, 2021

Last Updated on May 13, 2021

HB 2006 – Relating to housing; declaring an emergency – 81st OREGON LEGISLATIVE ASSEMBLY–2021

Signed into law by Governor Brown on May 12, 2021! From my understanding this legislation “trumps” local zoning for the placement of shelters (read the details). Building codes must still be followed (e.g. structure must be built to allow overnight sleeping).

The Summary from the Legislative Website (read the law itself for the legislation that was actually passed). “Defines ’emergency shelter.’ Requires local governments to allow siting of qualifying emergency shelters by qualifying entities notwithstanding land use laws and regulations. Sunsets requirement July 1, 2022. Expands description of transitional housing accommodations to include motor-vehicle camping. Removes three-vehicle limit on motor-vehicle camping on religious institution property.] Expands motor-vehicle camping that political subdivisions may allow. Expands uses of Emergency Housing Account to include developing technical assistance regarding emergency shelters or transitional housing accommodations. Authorizes Housing and Community Services Department to use Emergency Housing Account to fund grants and technical assistance for organizations to develop or operate low-barrier emergency shelters, develop supportive facilities or provide rapid rehousing services and support. Authorizes Oregon Department of Administrative Services to distribute funds to develop navigation centers that must be operating on or before July 1, 2022. Declares emergency, effective on passage.”

As of May 12, 2021, the “Enrolled” version can be found here. View the legislative process on this item here.

HB 2008 - PASSED! - Relating to affordable housing provided by religious organizations

HB 2008 – Relating to affordable housing provided by religious organizations

Signed by Governor Brown on July 14, 2021.

Staff summary as of June 9 “Provides tax exemption for property of religious organization held or used solely to provide affordable housing to low income households, conditional on 60 year affordable housing covenant. Restricts conditions that local governments may place on development of affordable housing provided by religious nonprofit corporations and expands zoning where such housing must be allowed. Prohibits application of automatic six year sunset. Takes effect on 91st day following adjournment sine die.”

The “Enrolled” version can be found here. View the legislative process on this item here.

HB 2367 Failed to Pass - Establishes Oregon Right to Rest Act - 81st OREGON LEGISLATIVE ASSEMBLY--2021

Last Updated on August 23, 2022

HB 2367 – Establishes Oregon Right to Rest Act – 81st OREGON LEGISLATIVE ASSEMBLY–2021

As the bill was introduced:

Relating to rights of persons experiencing homelessness.

It is declared to be the public policy of Oregon to guarantee persons experiencing homelessness participation in the social and economic life of this state, remunerative employment, use of and free movement within public spaces, participation in and receipt of the benefits of the services, programs and activities of state government and local governments and housing accommodations of the person’s choice, without discrimination.

As of Jan 11, 2021, the “Introduced” version can be found here. At the end of the legislative session the bill was “In committee upon adjournment.” View the ongoing legislative process on this item here. Click on the “Text” tab to see text of the bill as it moves from the process.

HB 2544 - PASSED! - Authorizes... two-year grants to organizations that provide services to unaccompanied homeless... - 81st OREGON LEGISLATIVE ASSEMBLY--2021 - January 11, 2021

Last Updated on August 23, 2022

HB 2544 – Authorizes… two-year grants to organizations that provide services to unaccompanied homeless… – 81st OREGON LEGISLATIVE ASSEMBLY–2021

As the bill was introduced:

Authorizes Department of Human Services to award two-year grants to organizations that provide services to unaccompanied homeless youth and to organizations that operate host home projects for unaccompanied homeless youth. Sunsets grant programs on July 1, 2023. Requires department to submit reports on host home project grant program to interim committees of Legislative Assembly relating to housing, homeless youth services and high school education. Appropriates moneys to department for statewide assessment and grants. Takes effect on 91st day following adjournment sine die.

The “Enrolled” version can be found here. View the ongoing legislative process on this item here. Click on the “Text” tab to see text of the bill as it moves from the process.

HB 3004 - Failed to Pass - ...additional weights [i.e. homeless students]... to distribute State School Fund moneys - 81st OREGON LEGISLATIVE ASSEMBLY--2021 - January 21, 2021

Last Updated on June 26, 2021

HB 3004 – …additional weights [i.e. homeless students]… to distribute State School Fund moneys – 81st OREGON LEGISLATIVE ASSEMBLY–2021

As the bill was introduced:

Provides additional weight for students who are homeless for purposes of calculating distributions of State School Fund moneys to school districts. Declares emergency, effective July 1, 2021.

As of Feb 12, 2021, the “Introduced” version can be found here. View the ongoing legislative process on this item here. Click on the “Text” tab to see text of the bill as it moves from the process.

HB 3026 - PASSED! Relating to identification card fees [for homeless] - 81st OREGON LEGISLATIVE ASSEMBLY--2021 - January 21, 2021

Last Updated on June 26, 2021

HB 3026 – Relating to identification card fees [for homeless] – 81st OREGON LEGISLATIVE ASSEMBLY–2021

Signed by the Governor June 11, 2021. As the bill was introduced:

Directs Department of Transportation to waive fee for issuing, renewing or replacing identification card if person who is issued card is experiencing homelessness. Becomes operative January 1, 2022. Declares emergency, effective on passage.

As of June 25, 2021, the “Enrolled” version can be found here. View the ongoing legislative process on this item here. Click on the “Text” tab to see text of the bill as it moves from the process.

HB 3115 - PASSED! Oregon could limit bans on homeless camping - February 2, 2021

Two bills curbing camping regulation clear Oregon Legislature – June 9, 2021

The bills require local governments to give more notice before clearing encampments and set limits on anti-camping policies.

Local governments throughout Oregon will be required to give at least three days’ notice before clearing homeless camps, under a bill headed to Gov. Kate Brown….

…the state Senate approved the final passage of another bill dealing with unsheltered homelessness: House Bill 3115, which sets state restrictions for how cities can enforce anti-camping laws.

Read the article here.

Last Updated on February 5, 2021

Oregon could limit bans on homeless camping – February 2, 2021

Cities and counties around Oregon would be unable to enact sweeping laws banning homeless people from camping on public land, under a bill introduced by House Speaker Tina Kotek Tuesday.

Instead, under House Bill 3115, local governments would be required to adopt policies that are “objectively reasonable” in regulating when, where and how people can live outdoors in the midst of a worsening housing crisis. If cities enforced more restrictive measures, impacted homeless people could sue to stop them.

Read the entire article here at Oregon Public Broadcasting.

Last Updated on June 26, 2021

HB 3115 – Relating to the regulation of public property with respect to persons experiencing homelessness; declaring an emergency – 81st OREGON LEGISLATIVE ASSEMBLY–2021

The Governor signed this legislation June 23, 201. As the bill was introduced:

Provides that local law regulating sitting, lying, sleeping or keeping warm and dry outdoors on public property that is open to public must be objectively reasonable as to time, place and manner with regards to persons experiencing homelessness. Creates affirmative defense to charge of violating such local law that law is not objectively reasonable. Creates cause of action for person experiencing homelessness to challenge objective reasonableness of such local law. Authorizes court to award attorney fees to prevailing plaintiff in such suit in certain circumstances. Declares emergency, effective on passage.

HB 3124 – PASSED! – Increases time that written notice must be posted before removal of homeless individuals from established camping site – 81st OREGON LEGISLATIVE ASSEMBLY–2021 - February 9, 2021

Two bills curbing camping regulation clear Oregon Legislature – June 9, 2021

The bills require local governments to give more notice before clearing encampments and set limits on anti-camping policies.

Local governments throughout Oregon will be required to give at least three days’ notice before clearing homeless camps, under a bill headed to Gov. Kate Brown….

…the state Senate approved the final passage of another bill dealing with unsheltered homelessness: House Bill 3115, which sets state restrictions for how cities can enforce anti-camping laws.

Read the article here.

Last Updated on June 26, 2021

HB 3124 – Increases time that written notice must be posted before removal of homeless individuals from established camping site – 81st OREGON LEGISLATIVE ASSEMBLY–2021

Signed by the Governor June 23, 2021. As the bill was introduced:

Increases time that written notice must be posted before removal of homeless individuals from established camping site. Increases categories of persons to whom unclaimed personal property from camping site may be given. Requires written notice to state how individuals may claim personal property removed from camping site. Requires that unclaimed personal property be stored in orderly fashion. Authorizes donation of unclaimed property to tax exempt charitable corporation. Provides that local law that is more specific or provides greater protections to homeless individuals subject to removal from established camping site preempts contrary provisions of section. Declares emergency, effective on passage.

SB 8 - PASSED! - Requires local governments to allow development of certain affordable housing on lands not zoned for residential uses

SB 8 – Requires local governments to allow development of certain affordable housing on lands not zoned for residential uses

Signed into law by the Governor June 23, 2021.

Staff summary as of May 25 “Requires local governments to allow, without requiring a zone change or conditional use permit, the development of affordable housing projects on lands inside an urban growth boundary not zoned for residential use, subject to certain zoning, property ownership, and land use requirements. Restricts development on land zoned for industrial use to properties that are publicly owned and adjacent to lands zoned for residential use or school use, and prohibits development on lands designated for heavy industrial use. Clarifies that affordable housing units remain affordable for no less than 30 years, and are made available for ownership or rental to families earning 80 percent or less of the area median income, or that the average of all units on a property serve families earning 60 percent or less of the area median income. Establishes increased density maximums for projects in areas zoned for residential use. Allows applicants to obtain attorney fees in prevailing appeals before the Land Use Board of Appeals (LUBA).”

The “Enrolled” version can be found here. View the legislative process on this item here.

2020

Kotek sponsors bill to help homeless - Oregon Capitol Insider - February 14, 2020

“Oregon cities struggling with homelessness are expected to be one of the biggest beneficiaries under legislation sponsored by House Speaker Tina Kotek. But not every city official fully supports the idea measure with worries that it could limit local governments’ control over where homeless shelters are built.”

Read the article here.

For those of you who want to get involved and/or track the progress of House Bill 4001 go to https://olis.leg.state.or.us/liz/2020R1/Measures/Overview/HB4001. Here is a staff summary of the proposed bill – https://olis.leg.state.or.us/liz/2020R1/Downloads/MeasureAnalysisDocument/53196.

Nationwide Legislation and/or Court Ruling

Judge strikes down Alabama laws against panhandling – March 14, 2023

I’m constantly amazed how jurisdictions keep trying unconstitutional laws and then get rebuked by the courts….

“MONTGOMERY, Ala. (AP) — A federal judge last week struck down Alabama laws against panhandling, ruling that the statues are unconstitutional.

U.S. District Judge W. Keith Watkins issued the order Friday permanently enjoining the state from enforcing the laws against begging and pedestrian solicitation. The ruling came after the Alabama Law Enforcement Agency conceded that the appellate court ruled similar laws violate a person’s right to free speech….” See more at https://apnews.com/article/alabama-panhandling-law-unconstitutional-e6c1188aa552760be9d0b82ec9711a51.

“I am only one; but still I am one. I cannot do everything; but still I can do something; and because I cannot do everything, I will not refuse to do the something that I can do.”

~Edward Everett Hale

“To end homelessness, a community-wide coordinated approach to delivering services, housing, and programs is needed.” —National Alliance to End Homelessness

“One thing is certain: There is almost always resistance from individuals and organizations seeking to defend the status quo.” —Housing First: Ending Homelessness, Transforming Systems, and Changing Lives

“… middle-class values cannot be imposed on those who have had no access to middle-class comforts.” —Lloyd Pendleton