Unsheltered homelessness continues to rise nationwide due to a variety of factors. These include lack of affordable housing and the absence of a robust social safety net. However, instead of addressing the crisis, municipalities and states have instead enacted laws criminalizing activities people experiencing homelessness engage in. A report published by the National Homelessness Law Center (NHLC), Housing Not Handcuffs 2021, provides data on states that have laws in place that criminalize homelessness.

These laws are made up of three categories:

1. Sleeping, camping, lying and sitting, and vehicle restrictions.
2. Loitering and vagrancy.
3. Panhandling/begging.

The Report

The report finds that 48 states have at least one law criminalizing homelessness. Some states have as many as six. It also found the following:

• 25 states have laws restricting people experiencing homelessness from sleeping, camping, lying and sitting in public spaces and living in vehicles, such as South Dakota, California;
• 43 state have laws restricting loitering, loafing and vagrancy in public places or standing in roadways, such as New York, Alabama, Arizona, and Georgia;
• 29 states have laws restricting panhandling/begging in public spaces, such as Arkansas, Massachusetts, and New Jersey.

States that enact laws to criminalize homelessness have repeatedly failed to address the needs of un-housed people. The report encourages states to repeal statutes targeted at people experiencing homelessness and in their stead, divert resources to pursue constructive policies to end homelessness. Examples include investing in affordable housing and safety net programs.

You can find more details of this report here.

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