Many states are trying to find legislative solutions for homeless people, especially in the most urban areas.
Both Colorado and Tennessee offer different solutions.
Like most major cities in the US, Nashville and Denver have seen dramatic increases in housing costs in recent years. They also have a shortage of affordable options that has pushed out low-income residents. According to the most recent federal data, Denver was second only to Los Angeles and New York in terms of the number of people who are experiencing sheltered homelessness. Many people who were already living on the margins of society saw their livelihoods irreversibly affected by the 2020 pandemic. The recent rise in inflation has made it even more difficult for them to keep up with the rising cost of basic goods.
A growing number of families and individuals have been taking to the streets as a result. This has triggered a variety of responses.
A Tennessee law that went into effect July 1, made it a crime for homeless people in Tennessee to camp on parks or other public property. Advocates say this is “unprecedented.” The Democratic Governor of Colorado has meanwhile signed the Tennessee law. Jared Polis signed two bills into law that create campuses for people who are looking to get help with their homelessness transition. These campuses will provide housing, mental health care services, and job training.
We see the communities reacting in one of two ways to all this. The first is to show empathy and concern for fellow residents and citizens who are losing their homes. The second is to pretend it’s their fault and use the criminal justice system and legal systems to discourage bad behavior,” Eric Tars, legal director of the National Homeless Law Center (a nonpartisan organization advocating for housing rights, said.
Although homelessness in the U.S. declined modestly between 2021 and now, government data shows that experts such as Tars believe the numbers were probably undercounted due delays and other effects of the pandemic. People of color are more likely to be homeless than white people. This problem is particularly acute in major cities. According to the U.S Department of Housing and Urban Development’s most recent Annual Homeless Assessment Report in 2021, more than half of those experiencing sheltered homelessness were living in the 50 largest cities.
The city governments have been largely responsible for tackling homelessness, as it is a problem that is primarily found in urban areas. Many cities suspended or refused enforcement of existing laws against homeless encampments during the pandemic. Cities have been able to take down the pandemic, and the state governments have taken steps to reduce homelessness, though their approaches have varied widely.
Tennessee’s law makes it a felony to camp overnight in parks, under overpasses, or on highways. You could be sentenced to up to six years imprisonment and a felony conviction can result in one’s vote being revoked.
Tennessee Governor. Tennessee Governor.
Nashville’s Metro Development and Housing Agency discovered that 1,916 people in Nashville were experiencing homelessness during their point-in-time survey. This is a five percent drop from 2020. According to the latest federal data, 3,443 Tennesseeans were experiencing sheltered homeless.
Advocates for homeless claim that the bill is unique in its criminalization of homelessness. Many people point out several bills that penalize homeless people for sleeping in public places. However, none of them were able identify any laws that threaten felony charges. They believe that this could further ruin lives and lead to more prison time.
It does not solve the problem of homeless people. It actually exacerbates the problem. It’s truly unprecedented, according to what we know. It makes a situation that isn’t the person’s fault into something that has lifelong consequences,” Donald Whitehead, the executive Director of the National Coalition for the Homeless (a nonpartisan advocacy organization), said. People with felonies on their record can’t access subsidized housing and are not eligible for certain jobs. This can make an already difficult situation even worse, and it is not the person’s fault.
Tars of the National Homeless Law Center highlighted data that showed it was impossible for anyone working 40 hours per week at a minimum wage job to afford a two bedroom apartment in any state. This trend is compounded by inflation and the lingering effects of the pandemic.
He said, “They want that system to deter camping behavior, which they believe is negative behavior. But the root cause of that is that people need somewhere for sleep at night, so you can’t stop that behavior.”
Rep. Ryan Williams and state Sen. Paul Bailey, both of which represent largely rural areas, were not available for comment by NBC News. Gov. Lee’s communications director didn’t respond to emails or phone calls.
In recent years, other states have attempted to criminalize homelessness. Pew Charitable Trusts’s Stateline outlet found nine bills that were introduced in six states in the last two years. These bills ban permanent homeless encampments and penalize cities or municipalities who fail to enforce them. They also make it a misdemeanor, punishable in certain cases by fines upto $5,000 and a month imprisonment.
Despite recent state action, it was city governments that have been left to deal with homelessness and the surge in encampments.
In New York City, Mayor Eric Adams has taken steps to clear encampments from the streets and increased police enforcement to stop homeless people sleeping on the subway. Los Angeles officials have also done the same. Whitehead’s group estimates 65 cities, counties and municipalities have laws that criminalize or mandate the systematic elimination of homeless camps.
Officials in Colorado have adopted a different approach. The state’s Democratic governor signed two bills last week that allocated nearly $100 million for the creation of two campuses to aid people in transition from homelessness to their homes.
One bill uses grant money from American Rescue Plan Act to fund $45 million for the repurposing and rehabilitation of a campus of juvenile detention centers located 30 miles southwest of the city. It will provide support housing, treatment and job training services, as well as transitional housing. Another bill, also funded by ARPA money funds a $50m grant program for a second campus.
“There is a deeply-rooted belief among many of you that we, as a state, have to uphold that belief that housing is an human right,” stated state Rep. Imanjodeh who is the lead sponsor of the second bill. “Even if you aren’t homeless in Colorado, there is always a chance that there will be an encampment near you.”
According to the Metro Denver Homeless Initiative, 32,233 people have accessed services related homelessness between June 30, 2021 and July 1, 2020. This is a double increase in 2021. Around 13,000 people lived in unsheltered outdoor conditions at one point during this period.
Other states and cities have also used ARPA money to address homelessness, but not as much as Colorado. This includes California, which spends billions each year on homelessness relief, but has very little to show for it.
Jodeh, who represents parts of the Denver suburbs, acknowledged lawmakers would not have been able to enact such sweeping measures without federal money, but that tackling homelessness more comprehensively was a top policy priority for the Democratic-controlled Legislature and the governor, even before the funds were made available.
She stated that it had been an issue for some time, and with rising housing prices and Covid, as well as our inattention to mental health, it was “spiraling”. Colorado identified homelessness as a top priority in ARPA funding. As such, they wanted to do something new for Colorado that was not just a band-aid.
Jodeh admitted that the states need to do more to address the problem, but it is difficult without federal dollars.
She said that states should not criminalize this behavior at all.
