New York City is one of just three municipalities with a right-to-shelter law. It came into being in 1981 when the city settled a class-action suit by attorney Robert Hayes. Hayes, the co-founder of the Coalition for the Homeless, argued that all homeless men had a right to shelter.
Subsequently, women and children were included through further case law. However, not everyone is comfortable staying in a shelter. Shelters can be overcrowded, unsanitary, and unsafe, particularly for vulnerable people. And they typically have rules that some find onerous or oppressive. (For example, curfews and restrictions on bringing in food.)
Now, New York City is officially enshrining the right of the unhoused to sleep outside into law. What does it mean, and is it a constructive step to address the city’s homelessness crisis?
NYC’s Homeless Bill of Rights
In April, the city council passed a landmark “Homeless Bill of Rights” introduced by Public Advocate Jumaane Williams with bipartisan support. In May, Mayor Eric Adams allowed it to become law, making New York City the first major US city to codify the right to sleep outside.
The move aligns NYC with several international human rights treaties and courts that regard the right to sleep outside as included in the right to life, dignity, and security. The bill grants homeless people other rights, too:
– The right to an interpreter
– The right to apply for rental assistance
– The right to diapers for parents with babies, and
– The right to be placed in a shelter consistent with their gender identity
It aims to decriminalize homelessness and protect the dignity and safety of unhoused New Yorkers.
Why Is the Bill Necessary?
While NYC has never expressly banned sleeping outside, the NYPD regularly “sweeps” homeless encampments. People are given a warning and enough time to move on. Failing that, their goods are gathered up and placed in a trash compacting truck.
In the past, Adams has defended these actions, stating residents’ hygiene and health is sufficient cause. In some cases, police can forcibly hospitalize homeless people for mental health reasons if they appear to be a danger to themselves or others. In other cities, including San Francisco and Los Angeles, laws have been passed that criminalize resting on sidewalks or setting up tents in public spaces.
These initiatives have effectively made it illegal to be unsheltered in cities, yet there’s no place to rest or leave your belongings. But, as Mark Horvath, CEO of Los Angeles-based nonprofit Invisible People, says, “It’s not like we can arrest our way out of this crisis.”
Criticism of the Bill
However, some advocates for people without housing are highly critical of the new law. Firstly, it’s not clear where people will actually be allowed to sleep. Other city laws still allow police to move people if they hinder traffic on sidewalks or streets, or if they take up multiple seats on the subway. And many public places, such as parks, are to remain closed overnight. Private property is also typically protected.
Deborah Padgett of New York University’s Silver School of Social Work is adamant that the law is a step backward. She believes housing should be made a right, not sleeping in the elements. Other experts agree the bill doesn’t address the real problem: the lack of affordable housing in the city. They argue that more energy and funds are necessary to craft permanent solutions for people experiencing homelessness.
It’s also unclear how homed citizens’ rights will be protected. What about New Yorkers who pay for accommodation in the city and don’t want tents on the sidewalks outside their homes? And what measures will be taken to ensure the safety and health of the public and those living exposed? The law also explicitly states that people have no cause for action against the city if these rights are not honored.
Other critics question the reasoning behind the law. They say existing shelters have been used to house a surge in migrants from other states and countries. And argue that homeless people aren’t choosing to sleep outside because they don’t like the shelters but because of a shortage of beds. They say the city is failing to deliver on the right to shelter.
Conclusion
The bill reflects homelessness’s complex and controversial nature as a social issue. It acknowledges that homeless people are not criminals but human beings who deserve respect and protection. It also challenges the notion that shelters are the only or best option for homeless people, or that sleeping outside is always a sign of failure or desperation.
However, it also raises concerns about whether people in need of housing will receive it, or serve as an excuse not to solve the shelter problem in the city. Ultimately, it highlights the need for more comprehensive, long-term solutions to end homelessness in New York City and beyond.