Kara Sears
Homelessness is not a choice, but a consequence of a lack of affordable housing, insufficient funding, and strained systems. Despite this, the criminalization of homelessness is increasing, with discriminatory laws and policies that punish people for essential activities like sleeping, sitting, or living in their cars. These laws do not address the root causes of homelessness and instead lead to higher incarceration rates, compromised public health and safety, and increased costs for taxpayers. While housing is a critical solution, it is not the only one; providing mental health care, substance use treatment, and other voluntary support services is also essential. Decriminalizing homelessness and investing in these solutions is key to helping people move off the streets and into stable living situations.
| Characteristics | Values |
|---|---|
| Cost | It can cost three times more to enforce anti-homeless laws than to find housing for people who don’t have it. Arresting and incarcerating unhoused people costs taxpayers $83,000 per person per year. |
| Effectiveness | Criminalization does not reduce the number of people experiencing homelessness. It breaks connections people had made with providers trying to help and exacerbates homelessness. |
| Police time | Criminalization is a waste of time for police officers who should be getting guns off the street, not moving people around them. |
| Imprisonment | Criminalization fills jails with people who are more likely to be victims of violent crime than perpetrators. |
| Treatment | Jails are not equipped to provide treatment for mental and substance use disorders. |
| Housing accessibility | Criminalization makes housing less accessible by limiting homeless people's access to services, housing, and jobs, while damaging their health, safety, and well-being. |
| Punishments | Punishments for homeless people include fines they cannot afford, jail time, and loss of jobs. |
| Health and well-being | The confiscation and destruction of property, and segregation in unsanitary and inhumane shelters and jails threaten the health and well-being of homeless people. |
| Harassment | Harassment of unhoused people makes homelessness worse. |
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What You'll Learn
Homelessness is not a crime
The United States Interagency Council on Homelessness has outlined seven principles for addressing encampments, with a focus on connecting people to housing or low-barrier shelters. One city saved $2.4 million and housed 1,000 people in a year by embracing Housing First, a model that pairs people with permanent housing without barriers. However, housing is not the only solution. To truly solve homelessness, we must provide voluntary support services such as mental health care and substance use treatment.
The punitive approach to homelessness is detrimental and counterproductive, making it harder for people to secure housing, find work, and access services. Arresting and incarcerating unhoused people is costly, with an annual taxpayer expense of $83,000 per person. Instead of criminalizing homelessness, we should invest in safe, stable, and affordable housing solutions.
Furthermore, the criminalization of homelessness can lead to the confiscation and destruction of personal property, segregation into unsanitary and inhumane shelters, and a limitation of access to public spaces and restrooms. These policies are discriminatory and threaten the health, well-being, and lives of those experiencing homelessness.
By shifting resources away from punitive measures, we can address the root causes of homelessness and provide the necessary support for people to thrive. It is time to stop treating homelessness like a crime and start treating it with compassion and effective solutions.
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Criminalization is costly and ineffective
Criminalization is costly for taxpayers, with the cost of arresting and incarcerating unhoused people under laws that criminalize homelessness reaching $83,000 per person per year. This punitive approach fuels mass incarceration, compromises public health and safety, and causes grave suffering. It also makes it harder for unhoused people to secure housing, find and maintain work, and access services.
Enforcing anti-homeless laws can be up to three times more expensive than providing housing for people who need it. Criminalization wastes police resources and diverts attention from more pressing issues, such as getting guns off the streets. It also perpetuates homelessness by limiting access to services, housing, and jobs, while damaging the health, safety, and well-being of those affected.
In addition, the criminalization of homelessness often results in the confiscation and destruction of personal property, including tents, bedding, medications, and other essential items. This further exacerbates the challenges faced by those experiencing homelessness and can lead to negative health outcomes.
Rather than criminalizing homelessness, communities should invest in real solutions, such as the Housing First approach, which focuses on connecting people to permanent housing without barriers or conditions. This approach has proven successful in several cities, reducing costs and helping to move people off the streets and into homes. By shifting resources away from criminalization and towards housing and supportive services, communities can effectively address homelessness and improve the well-being of those affected.
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Criminalization worsens the problem
Criminalization of homelessness is ineffective, expensive, and counterproductive. It does not reduce the number of people experiencing homelessness; instead, it breaks connections people have made with providers trying to help and exacerbates the problem.
In the US, homelessness is increasingly being criminalized. In 48 states, daily survival activities such as sleeping, eating, sitting, or living in a car have been outlawed. Camping bans have seen a 50% rise in the last 15 years, with nearly three-fourths of cities now imposing such bans. These laws are becoming tougher, with some punishing people with up to $5,000 in fines and jail time. This puts jobs at risk and makes it harder to find housing and employment.
Criminalization fills jails with people who are more likely to be victims of violent crime than perpetrators and people who need treatment for mental health and substance abuse issues, which jails are not equipped to provide. It can cost three times more to enforce anti-homeless laws than to provide housing for those in need. Arresting and incarcerating homeless people costs taxpayers $83,000 per person per year. This punitive approach fuels mass incarceration, compromises public health and safety, and causes suffering.
The criminalization of homelessness can also make housing less accessible. A study of San Francisco's sweeps found that criminalization "perpetuates homelessness" by "systematically limiting homeless people's access to services, housing, and jobs, while damaging their health, safety, and well-being." Instead of criminalizing homelessness, cities should invest in solutions such as Housing First approaches, which prioritize pairing people with permanent housing without barriers or conditions.
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Housing First approaches are more effective
The Housing First approach has been successfully implemented in cities like Helsinki and Vienna in Europe, and in North American cities like Columbus, Ohio, Salt Lake City, Utah, and Medicine Hat, Alberta. These cities have witnessed dramatic reductions in homelessness due to the adoption of Housing First policies. For example, by embracing Housing First, one city saved $2.4 million and housed 1,000 people in a single year.
Housing First interventions are based on collaborative support networks that promote stability and eliminate factors that cause or prolong homelessness. These support systems address social and structural issues such as healthcare, education, family, children, employment, and social welfare. The Housing First Model has also been tailored to meet the needs of specific populations, such as individuals with disabilities and survivors of domestic violence experiencing homelessness.
In addition to being effective, Housing First approaches are also cost-saving. They reduce the use of costly public services like hospitals, jails, and emergency shelters. On the other hand, criminalizing homelessness is expensive and counterproductive. It fills jails with people who are more likely to be victims of crime than perpetrators and does not reduce the number of people experiencing homelessness. Instead, it breaks connections with service providers and exacerbates the conditions that lead to homelessness.
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Criminalization perpetuates racial disparities
Homelessness is closely intertwined with racism in the United States. Black people make up around 13% of the general population in the US, but they account for 40% of the homeless population. This disparity is a result of long-standing discriminatory housing and law enforcement policies. The criminalization of homelessness perpetuates a cycle of racial injustice and violates fundamental human rights.
Laws and policies that criminalize life-sustaining behaviors, such as sleeping or sitting in public spaces, further exacerbate racial disparities. Black individuals experiencing homelessness are more likely to receive citations than their white counterparts. This is due to the enforcement of minor law enforcement violations, which disproportionately affect African Americans. Criminalization results in fines that people cannot pay and criminal records, driving employment and housing out of reach. It shuffles people around cities, breaking connections with providers trying to help and exacerbating the conditions that lead to homelessness, such as health problems and racial disparities.
The criminalization of poverty deepens racial inequity. The rate of homelessness among people in jail is 11 times higher than in the community, and formerly incarcerated people are nearly 10 times more likely to experience homelessness. Black and Indigenous people are more likely to experience homelessness than other racial groups, and the criminalization of homelessness compounds their overrepresentation in the criminal legal system. For example, in Los Angeles County, Black people make up about 8% of the total population but 34% of the homeless population.
Instead of criminalizing homelessness, communities should invest in real solutions, such as the Housing First approach. This model pairs people with permanent housing without barriers or conditions, and it has been successful in helping people move off the streets and into homes.
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Frequently asked questions
We can and should end homeless criminalization laws. These laws are ineffective, expensive, and counterproductive, and they worsen the tragedy of homelessness.
Homeless criminalization laws are measures that prohibit basic life-sustaining activities, such as sleeping, camping, eating, sitting, or asking for money or resources in public spaces. These laws often result in fines, tickets, arrests, and jail time for people experiencing homelessness.
Homeless criminalization laws make it harder for individuals to access housing, find and keep jobs, and connect with service providers trying to help them. These laws also limit access to services, damage health and well-being, and increase the risk of incarceration.
Homeless criminalization laws are costly for communities, draining taxpayer dollars that could be invested in creating safe, stable, and affordable housing. These laws also compromise public health and safety and fuel mass incarceration.
Yes, the Housing First approach is an alternative that focuses on connecting people to permanent housing without barriers or conditions. This approach has been successful in saving costs and housing people. Additionally, providing voluntary supports like mental healthcare and substance use treatment is crucial in addressing homelessness.
