As a child when asked to clean my room, I would gather all of my scattered toys, games, and other nick-nacks, put them in a pile in the corner, and heaved a blanket on top. If you couldn’t see the mess, then it didn’t exist. But of course, this made no sense and similarly, the hallmarks of a strong civil society require transparency and honesty even when it’s unpleasant as the homelessness crisis in NYC is. Embracing this philosophy, NYC’s Mayor Adams decided to bring homeless people out of the shadows and the shelters by bestowing them with the right to sleep outside in at least some public places when he recently allowed the Homeless Bill of Rights to pass. It’s been said that “sunlight is…the best of disinfectants” and the double entendre couldn’t be more true or apropos than it is to the recent passing of the Homeless Bill of Rights. Moreover, the bill represents a significant departure from past practices that often involved police clearing homeless encampments as they arise i.e., usually dozens each week.
According to the bill’s sponsor, Public Advocate Jumaane Williams, no new rights are being created and, it is true, that there are no laws against sleeping outside in public places per se but there are a fair amount of restrictions. In fact, on any given night, several thousand people rough sleep on New York City’s streets and subways. In a recent NY Times article, it was reported that the city’s Law Department declined to answer questions about what is and is not legal in the realm of sleeping outdoors. Why? According to a spokesman from the Law Department, its “primary obligation is to advise client officials and agencies,” and providing advice to the media on these topics “would not be consistent with that obligation.” Hmmm…
New York City is, of course, not unique in its struggles with a sizable homeless population and in determining the most humane, safe, and favorable policies for all relevant stakeholders. Los Angeles recently passed anti-camping measures and bolstered this decision by outlawing tents within 500 feet of schools and banning sitting, lying, sleeping, or storing personal property that would disrupt traffic flow on streets, sidewalks, and bike lanes. Even one of, if not, the most progressive state, Oregon, couldn’t muster support for the “Right to Rest” proposal that would have allowed homeless people to use public spaces without time limitations. Portland is, however, attempting to set up municipally run campsites while restricting camping elsewhere as a compromise.
So, how would the provision in the Homeless Bill of Rights to sleep outdoors work in practice? Privately owned spaces are off-limits, streets and sidewalks must remain unobstructed, most parks close at 1 a.m. and don’t allow entrance until 6 a.m. and there are rules against setting up campsites. Lying down on benches or seats on subway trains is forbidden but often unenforced; still, I don’t think anyone is looking to populate subway stations with homeless people as a path forward under the new Bill of Rights. Instead of shirking its responsibility, the City’s Law Department (or some other agency) at some point will have to provide sufficient clarity on the rules regarding the details as to where and under what circumstances one can sleep outdoors.
NYC’s obligation to shelter those who ask for it stems from a 1981 court decision—the so-called right to shelter mandate. However, with more than 70,000 migrants entering NYC since the spring and the homeless population jumping by nearly 80% since May 2022, shelters are nearing a breaking point prompting city officials to seek a court-ordered exemption from the shelter mandate saying it “lacks the resources and capacity to establish and maintain sufficient shelter sites.” As a result, Mayor Adams did not have much of a choice but to allow the Homeless Bill of Rights to pass into law as there is an insufficient number of shelter sites for the recent influx and, moreover, they are expensive to operate, putting significant dents in an already stretched budget. With politics, motivations driving policy are ambiguous and this was likely a decision made out of necessity rather than compassion. But whether the bill turns out to be a “sensible…response to unprecedented homelessness” as described by Taysha Milagros Clark, a policy and data analyst for the Coalition for the Homeless in New York City, remains to be seen. Establishing the specifics for a homeless person’s right to sleep outdoors is critical for all New Yorkers as the safety of its residents is at stake, including the homeless themselves who may be most at risk. City-sponsored and operated outdoor encampments may be the best option but are officials up to the task? Also, let’s not let our pursuit of a compassionate policy fail to take into account quality-of-life issues that have the tendency to make cities shine with swagger or sink ignominiously if ignored. Nor should we overlook the many underlying causes of homelessness such as a lack of affordable housing, domestic violence, job loss, hazardous housing conditions, drug addiction, and mental illness, according to NYC’s Coalition for the Homeless. It’s a new day for all of us in paradise.
Basic Facts About Homelessness: New York City - Coalition For The Homeless. (2023, February 8). Coalition for the Homeless. https://www.coalitionforthehomeless.org/basic-facts-about-homelessness-new-york-city/ Newman, A. (2023, May 28). Is It Legal to Sleep Outside in NYC? A Bill Aims to Clarify. The New York Times. https://www.nytimes.com/2023/05/26/nyregion/nyc-homeless-camp-bill-of-rights.html Mays, J. C. (2023, May 24). New York City Asks for Relief From Its Right-to-Shelter Mandate. The New York Times. https://www.nytimes.com/2023/05/23/nyregion/right-to-shelter-nyc.html#:~:text=Right%20to%20Shelter%3A%20Mayor%20Eric,accommodate%20all%20those%20in%20need
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