U.S. Reps. Pramila Jayapal and Maxwell Frost have introduced The Housing Not Handcuffs Act, a measure aimed at prohibiting the criminalization of homeless persons on public lands when there is nowhere else to go.
The Act prohibits federal agencies from arresting, ticketing, or otherwise criminalizing homelessness. The Housing Not Handcuffs Act is the first bill strictly aimed at stopping federal agencies from treating homelessness as a crime.
“Every single person in the richest country in the world should be able to have a roof over their head and a safe place to sleep, it’s that simple,” said Rep. Jayapal. “There is nowhere in this country where you can pay rent on a minimum wage salary. By criminalizing aspects of homelessness, cities and states across this country are only creating greater barriers for people to access housing—something that is already far too scarce. Fining people who already can’t afford to live makes no sense and will only result in longer-term homelessness.”
In 2024, homelessness increased by 18% nationwide, with a record high of 771,480 people experiencing homelessness. At the same time, there is a nationwide shortage of 200,000 shelter beds and a shortage of 7.1 million affordable and available rental homes.
Rep. Jayapal and Frost’s bill is a response to a ruling in the Supreme Court case City of Grants Pass v. Johnson that found local ordinances prohibiting public camping and sleeping, even when no shelter is available, do not violate the Eighth Amendment’s prohibition against cruel and unusual punishment. The Grants Pass decision allows cities to enforce anti-camping laws, even if they lead to the criminalization of homelessness when no alternative shelter exists.
“Since the Grants Pass decision, cities across the country have passed nearly 220 bills to criminalize homelessness, including in my own district. These policies don’t solve homelessness, instead they dehumanize our unhoused, saddle them with criminal records, and make it even harder for them to find stable housing. It’s a vicious cycle that the Housing Not Handcuffs Act seeks to end,” said Rep. Frost. “At a time when the cost of living is at an all-time high and Trump’s Big Ugly Bill will only help the rich get richer and the working poor get poorer—we’re fighting to make sure everyone has access to safe, decent, and affordable housing, not handcuffs.”
Since the Grants Pass ruling, more than 260 anti-homeless laws have been passed by cities and states. Criminalizing homelessness creates greater barriers to accessing housing. Typically, these punishments come with fines, which create further financial strain on people who can already not afford the basics, and may create a criminal record, making it more difficult to get a job or apply for housing.
The Housing Not Handcuffs Act will ensure that people who are homeless cannot be criminally or civilly punished for:
- Living on federal lands unless safe, decent, accessible shelter is available;
- Asking for or sharing food, water, money, or other donations in public places;
- Praying, meditating, or practicing religion in public spaces;
- Occupying a lawfully parked motor vehicle;
- Storing their possessions and enjoying privacy in their personal property to the same degree as property in a private dwelling.
The legislation is co-sponsored by Reps. Yassamin Ansari, Sylvia Garcia, Henry C. “Hank” Johnson Jr, Summer Lee, James P. McGovern, Eleanor Holmes Norton, Delia Ramirez, Jan Schakowsky, Shri Thanedar, Rashida Tlaib, and Nydia M. Velázquez.
Click here for more on The Housing Not Handcuffs Act.
