The U.S. Supreme Court’s ruling in favor of Grants Pass, Ore., in June cleared the way for cities and states to enforce ordinances and laws that prohibit camping in public outdoor spaces.
So, what might the decision in Grants Pass v. Johnson mean for the city of Grants Pass and Oregon lawmakers? Potentially not much. In 2021, Oregon clarified (HB 3115) that “any city or county law that regulates the acts of sitting, lying, sleeping or keeping warm and dry outdoors on public property that is open to the public must be objectively reasonable as to time, place and manner with regards to persons experiencing homelessness.” That year, the Legislature also provided further guidance (HB 3124) for regulating camping.
Oregon Gov. Tina Kotek, a former Oregon House speaker and main sponsor of HB 3115 during her legislative tenure, issued a statement following the Supreme Court’s decision reiterating the intent of the bill and noting that, “Regardless of the Supreme Court’s decision, we must do all we can to address homelessness. This includes addressing the primary driver of homelessness: our lack of affordable housing.”
Nationwide, there is a shortage of 7.3 million rental homes affordable and available to renters with extremely low incomes.
Increasingly, states across the nation are struggling to safely reduce the number of people experiencing homelessness while navigating the public health implications of unregulated encampments and considerations regarding the use of public spaces. Many housing proponents have turned to increasing the supply of the nation’s affordable housing stock as a solution. Nationwide, there is a shortage of 7.3 million rental homes affordable and available to renters with extremely low incomes, according to the National Low Income Housing Coalition.
Given these shortages, how are states addressing the dual housing and homelessness crisis?
• States are mitigating the impact of homelessness by addressing the unique needs of people experiencing chronic, unsheltered homelessness. Unsheltered homelessness is associated with higher rates of chronic disease, serious mental health concerns and substance abuse, according to the National Library of Medicine. Policies to mitigate these significant impacts include expanding shelter services and improving coordinated responses.
New Jersey permits behavioral and mental health care providers to operate within homeless shelters. Utah requires the Division of Substance Abuse and Mental Health to create a long-term, statewide community treatment team plan that identifies current and future statewide needs, objectives and priorities.
• States are reducing homelessness by increasing access to vital documents and supporting housing voucher programs. Research from the Center on Budget and Policy Priorities shows that housing vouchers can reduce homelessness and other financial hardships. Additionally, a study from the UCLA Department of Economics found that housing vouchers can increase employment rates and cultivate long-term economic security.
However, a report by the U.S. Government Accountability Office illustrated that unsheltered people, who often lack permanent addresses and documents necessary for job applications, leases and government assistance programs, face unique barriers to accessing stable housing and employment.
To help people access vital documents, states such as Kentucky and South Dakota waive fees for birth certificates for individuals experiencing homelessness. States are also expanding housing voucher programs. Colorado provides housing vouchers and case management services to people ages 18-26 experiencing homelessness who were formerly involved in the foster care system. Hawaii prohibits housing discrimination based on source of income, including participation in Section 8 housing voucher programs.
• States are preventing homelessness with upstream strategies to keep people housed and increase housing supply. Some states are considering strategies such as establishing a tenant’s right to counsel and creating eviction mediation programs. Incentivizing construction and reducing housing costs can create affordable housing opportunities and reduce homelessness, according to data from The Pew Charitable Trusts.
Georgia authorizes the assessment and collection of an eviction mediation program fee in Clayton County, while Maryland extended the requirement that the state comptroller distribute abandoned property funds to a special fund for evictions counseling.
Florida is incentivizing housing construction by allocating over $200 million to a program that provides low-interest loans to affordable housing developers. The state also increased the total amount of tax credits available for affordable housing to $25 million annually.
The Grants Pass decision addresses one aspect of a much larger conversation about homelessness. State legislators have several options in their policy toolbelt to address housing insecurity, including strategies that reduce, mitigate and prevent homelessness.
For more housing and homelessness policy options, search NCSL’s Housing and Homelessness Legislative Database or explore NCSL’s Housing and Homelessness Toolkit.
Cameron Rifkin is a policy specialist and Heather Wilson is a project manager in NCSL’s Children and Families Program.