09/08/2023 17:43 Anti-homelessness legislation - Wikipedia

Anti-homelessness legislation
Anti-homelessness legislation can take two forms:
legislation that aims to help and re-house homeless people; and
legislation that is intended to send homeless people to
homeless shelters compulsorily, or to criminalize homelessness
and begging.

International law
Since the publication of the Universal Declaration of Human
Man sleeps on the street.
Rights (Charter of the United Nations — UN) in 1948, the
public perception has been increasingly changing to a focus on
the human right to housing, travel and migration as a part of
individual self-determination rather than the human condition. The Declaration, an international
law reinforcement of the Nuremberg Trial Judgements, upholds the rights of one nation to
intervene in the affairs of another if said nation is abusing its citizens, and rose out of a 1939–1945
World War II Atlantic environment of extreme split between "haves" and "have nots." Article 6 of
the 1998 Declaration of Human Duties and Responsibilities declares that members of the global
community have individual and collective duties and responsibilities to take appropriate action to
prevent the commission of gross or systematic human rights abuses.[1] The modern study of
homeless phenomena is most frequently seen in this historical context.

Laws supporting homeless people

Laws supporting homeless people generally place obligations on the state to support or house
homeless people.

United Kingdom

The 1834 Poor Law Amendment Act required parish unions to supply houses for workers but
these unions purposely made these work houses unattractive in order to discourage workers from
applying for housing.[2] This Act also made casual wards known as "spikes" available for those who
needed temporary housing in return for their labor.[3] It was estimated that approximately 30,000
to 80,000 people used the spikes in the early 1900s in Great Britain.[3]

Under the Homeless Reduction Act 2017 unhoused persons should be able to access assistance
from their council. Councils also must work to prevent people from becoming unhoused, and
families with children will still be housed by councils.[4]

Part 7 of the Housing Act 1996 provides action to prevent homelessness and also to provide
assistance to those who are threatened with homelessness.[5]

Wales

In 2014, a law was implicated which means that the councils must attempt to stop people
becoming homeless in the first place.[6] Prior to this law, councils only had to assist unhoused
persons labelled under 'priority', which included mostly families with young children.[7]
https://en.wikipedia.org/wiki/Anti-homelessness_legislation 1/8
09/08/2023 17:43 Anti-homelessness legislation - Wikipedia

According to the charity Crisis, this law has increased council efficiency via more proficient
services, including fewer families being placed into expensive emergency accommodation.[8]

Scotland

The Homelessness etc. (Scotland) Act 2003 was legislation passed by the Scottish Parliament that
set the goal of providing permanent residence to those deemed unintentionally homeless.[9]
Following, the Homeless Persons (Unsuitable Accommodation) (Scotland) Order 2004 was passed
in 2004. This order made it so that, unless exceptional circumstances were present, any familial
unit including children or an expectant mother was not placed in "unsuitable temporary
housing".[9] Scotland's most recent anti-homelessness legislation is entitled The Housing Support
Services (Homelessness)(Scotland) Regulations 2012, and it came into full effect on June 1, 2013.
These regulations require local authorities to assist homeless people in a variety of ways, including
help in adjusting to a new living situation, debt counseling and managing a personal budget.[10]

Since 2012, Scotland have gained some of the strongest homelessness rights in the world.[11] This
is as a result of the insertion of having no distinction between the idea of 'priority' and 'non-
priority' homeless, this creates an opportunity for anyone houseless to be entitled to at least
temporary, and usually permanent accommodation.[12]

United States

The 1987 McKinney–Vento Homeless Assistance Act: A change created by the amendments of
1992 was the creation of the Access to Community Care and Effective Services and Support
program (or ACCESS); this program was created in order to assist the homeless people who had
both serious mental illness issues, as well as substance abuse problems and lasted a total of 5
years.[13]

The Fair Housing Act passed in 1968 was designed to protect those who were traditionally
discriminated against by housing agencies because of their race, gender, religion, familial status,
and disability.[14] Some states and cities also gave homeless people equal access to housing
accommodations regardless of their income. Although this Act did not specifically refer to the
homeless population, the main beneficiaries of this law were homeless individuals.[14]

The Americans with Disabilities Act of 1990, also known as the ADA states that people with
disabilities must be given appropriate housing accommodations that meet their special needs.[14]
Additionally, people with disabilities should be given the chance to interact with people who do not
have disability.[14]

Laws criminalizing behaviors engaged in by homeless

people
Laws that criminalize homeless people generally take on one of five forms:[15]

Restricting the public areas in which sitting or sleeping are allowed

Removing homeless people from particular areas
Prohibiting begging
Selective enforcement of laws
Selective creation of laws[16] (The French novelist Anatole France noted this phenomenon as
long ago as 1894, famously observing that "the law, in its majestic equality, forbids the rich as

https://en.wikipedia.org/wiki/Anti-homelessness_legislation 2/8
09/08/2023 17:43 Anti-homelessness legislation - Wikipedia

well as the poor to sleep under bridges".)[17]

England and Wales

The 1977 Housing (Homeless Persons) Act greatly restricted requirements for housing
homeless people so that only individuals who were affected by natural disasters could receive
housing accommodations from the local authorities.[18] This led to the rejection of the majority of
homeless applications received by the local government. This Act also made it difficult for
homeless individuals without children to receive accommodations provided by local
authorities.[18]

Rough sleeping is viewed as a criminal offence under Vagrancy Act 1824.[19] Nowadays, this law is
primarily used to move individuals without formal caution or arrest.[20]

United States

Homeless people find it harder to secure employment, housing, or federal benefits with a criminal
record, and therefore penalizing the act of being homeless makes exiting such a situation much
more difficult.[15] Although the court's opinion in Jones v. City of Los Angeles (see above) was
vacated, the result suggests that criminalizing homelessness may be unconstitutional. Similarly, in
response to growing reports of hate crimes, some state governments have proposed the addition of
"people experiencing homelessness" to their hate-crimes statutes.[21]

One study in Colorado examined a common justification for anti-homelessness laws  – that a
"tough love" approach ultimately improved the lives of homeless people  – and found that the
homeless reported worse quality of life due to the laws.[22] Another study in California found that
people experiencing extreme poverty face apathy, disrespect, and discrimination from police
enforcing anti-homelessness laws, resulting in a reluctance to seek services and to engage with
outreach when offered.[23]

Europe

The European Court of Human Rights ruled that an anti-begging ordinance in Geneva violated
human rights in the 2021 Lăcătuș v. Switzerland case. The plaintiff was from the Romani people
in Romania and had been fined more than 400 euros for begging.[24]

Hungary

Hungary is the only country where criminalization of homelessness is addressed in its

constitution, which is seen as part of a broader illiberal governance in the country.[25] Sleeping in a
public space is illegal and violators can be fined or jailed.[26] One study found that the
criminalization of homelessness increased tolerance for extralegal violence against homeless
individuals.[27]

Anti-homeless architecture
Anti-homeless architecture is an urban design strategy that is intended to discourage loitering,
camping, and sleeping in public.[28] While this policy does not explicitly target homeless people, it
restricts the ways in which people can use public spaces, which affects the homeless

https://en.wikipedia.org/wiki/Anti-homelessness_legislation 3/8
09/08/2023 17:43 Anti-homelessness legislation - Wikipedia

population.[29]

This strategy can take many forms, including:[30]

Reducing the number of sitting areas in public spaces

Installing bolts and spikes in flat surfaces in order to make
sleeping on them uncomfortable
Installing dividers on metal benches to prevent sleeping
Metal teeth and bars on ledges to prevent sitting
Boulders placed in parks to prevent homeless
encampments
Anti-homeless spikes on a shop
These forms of architecture are also referred to as hostile ledge.
architecture. They can make life for the homeless more difficult
as they modify public spaces that would otherwise be
accessible. Arguments are put forward that the resources spent on the upkeep and design of hostile
architecture should instead spent on addressing the root causes of homelessness.[31]

The Oregon Department of Transportation placed large boulders in several locations to discourage
illegal camping near freeways.[32] Anti-homeless spikes were installed in London, England, and
New York City in order to make homeless activity more difficult.[29][33] Anti-homeless architecture
is a common tactic in major cities. Local governments often employ anti-homeless architecture
practices following complaints from local business owners as the presence of homeless individuals
lowers property prices and discourages business traffic.[34]

Critics of anti-homeless architecture claim that it targets an already vulnerable population, and
that it hides the effects of homelessness, rather than meaningfully addressing it.[35]

Perception of homelessness and policy implications

United States

The authors of a 2017 study on homelessness stated that homeless people have a higher incidence
of sickness, with their most common health problem being skin problems. Homeless people also
have a lack of access to sanitation, leading to poor hygiene. These characteristics are noticeable
and may trigger reactions of disgust from onlookers who are inclined, at an evolutionary level, to
be pathogen-averse. This leads the general public to keep their physical distance from homeless
people, and promotes exclusionary policies. As an example, these authors state that while the
majority of the general public support subsidized housing for homeless individuals, they do not
want that housing in their own neighborhood.[36]

But the public also maintains concern for homeless people, supporting increases in federal
spending on homelessness programs. In fact, when surveyed, the public supports spending on
homelessness over other social problems by consistently putting homeless people in the top third
of their spending priorities.[37]

https://en.wikipedia.org/wiki/Anti-homelessness_legislation 4/8
09/08/2023 17:43 Anti-homelessness legislation - Wikipedia

Respondents to surveys also feel that 55% of homeless people are addicted to drugs or alcohol, and
that 45% of homeless people have been to jail before. The majority of U.S. residents surveyed also
think that homeless people make neighborhood worse, and that their presence brings down the
profitability of local businesses.[37]

See also
Begging § Legal restrictions
Criminalization
Discrimination against homeless people
Food Not Bombs § 2011 Florida feeding bans
Homelessness
Housing First
Sit-lie ordinance
Vagrancy law

References
1. "Declaration of Responsibilities and Human Duties" (http://globalization.icaap.org/content/v2.2/
declare.html). Globalization. Vol. 2, no. 2. November 2002.
2. Lund, Brian (2016). "Homelessness politics". In Lund, Brian (ed.). Housing politics in the
United Kingdom. Power, planning and protest (1st ed.). Bristol University Press. pp. 207–232.
doi:10.2307/j.ctt1t89499.12 (https://doi.org/10.2307%2Fj.ctt1t89499.12). ISBN 978-1-4473-
2710-3. JSTOR j.ctt1t89499.12 (https://www.jstor.org/stable/j.ctt1t89499.12).
3. Kennett, Patricia; Becker, Saul (2003). "The production of homelessness in Britain".
Comparing social policies. Exploring new perspectives in Britain and Japan (1st ed.). Bristol
University Press. pp. 173–190. doi:10.2307/j.ctt1t89g4j.16 (https://doi.org/10.2307%2Fj.ctt1t89
g4j.16). ISBN 978-1-84742-565-2. JSTOR j.ctt1t89g4j.16 (https://www.jstor.org/stable/j.ctt1t89g
4j.16).
4. "Homelessness legislation | Crisis UK" (https://www.crisis.org.uk/ending-homelessness/law-an
d-rights/homelessness-legislation/). Crisis.
5. "Homelessness code of guidance for local authorities" (https://www.gov.uk/guidance/homeless
ness-code-of-guidance-for-local-authorities/overview-of-the-homelessness-legislation).
6. "Homelessness legislation | Crisis UK" (https://www.crisis.org.uk/ending-homelessness/law-an
d-rights/homelessness-legislation/). Crisis.
7. "Homelessness legislation: Crisis UK" (https://www.crisis.org.uk/ending-homelessness/law-and
-rights/homelessness-legislation/).
8. "Homelessness legislation | Crisis UK" (https://www.crisis.org.uk/ending-homelessness/law-an
d-rights/homelessness-legislation/). Crisis.
9. Homelessness statistics in Scotland:2006-07 > Part 1 (http://www.scotland.gov.uk/Publication
s/2007/10/30092316/1) The Scottish Government Publications, accessed March 30th 2008
10. Scottish Government (2013-06-03). "HOUSING SUPPORT DUTY TO HOMELESS
HOUSEHOLDS - GUIDANCE FOR LOCAL AUTHORITIES" (https://www.gov.scot/Publication
s/2013/06/3279/2). www.gov.scot. Retrieved 2017-11-26.
11. "Homelessness legislation | Crisis UK" (https://www.crisis.org.uk/ending-homelessness/law-an
d-rights/homelessness-legislation/). Crisis.
12. "Homelessness legislation | Crisis UK" (https://www.crisis.org.uk/ending-homelessness/law-an
d-rights/homelessness-legislation/). Crisis.

https://en.wikipedia.org/wiki/Anti-homelessness_legislation 5/8
09/08/2023 17:43 Anti-homelessness legislation - Wikipedia

13. Steadman, Henry J.; Cocozza, Joseph J.; Dennis, Deborah L.; Lassiter, Margaret G.;
Randolph, Frances L.; Goldman, Howard; Blasinsky, Margaret (2002). "Successful program
maintenance when federal demonstration dollars stop: the ACCESS program for homeless
mentally ill persons". Administration and Policy in Mental Health. 29 (6): 481–493.
doi:10.1023/a:1020776310331 (https://doi.org/10.1023%2Fa%3A1020776310331).
PMID 12469702 (https://pubmed.ncbi.nlm.nih.gov/12469702). S2CID 6409067 (https://api.sem
anticscholar.org/CorpusID:6409067).
14. "Preventing and Alleviating Homelessness". Homelessness Handbook. Homelessness
Handbook (1 ed.). Berkshire. 2007. pp. 291–338. ISBN 9781933782034. JSTOR j.ctt1jd952s.9
(https://www.jstor.org/stable/j.ctt1jd952s.9).
15. Amster, Randall (2008). Lost in Space: The Criminalization, Globalization, and Urban Ecology
of Homelessness. New York: LFB Scholarly. ISBN 978-1-59332-297-7. OCLC 221150739 (http
s://www.worldcat.org/oclc/221150739).
16. Cunningham, Kelly (1999). Out of Sight—Out of Mind?. DIANE Publishing. p. 90. ISBN 978-0-
7881-8276-1.
17. France, Anatole (1894). "VII" (https://fr.wikisource.org/wiki/Le_Lys_rouge_-_VII). Le lys rouge
(in French). "Ils y doivent travailler devant la majestueuse égalité des lois, qui interdit au riche
comme au pauvre de coucher sous les ponts"
18. Becker, Saul (2017). "Homelessness". In Lund, Brian (ed.). Understanding housing policy
(Revised 3rd ed.). Bristol University Press. pp. 155–178. doi:10.2307/j.ctt1t89dc6.14 (https://do
i.org/10.2307%2Fj.ctt1t89dc6.14). JSTOR j.ctt1t89dc6.14 (https://www.jstor.org/stable/j.ctt1t89
dc6.14).
19. Sturge, Georgina; Cromarty, Hannah; Ryan, Joe (8 June 2021). "Rough Sleepers:
Enforcement Powers (England)" (https://commonslibrary.parliament.uk/research-briefings/cbp-
7836/).
20. Sturge, Georgina; Cromarty, Hannah; Ryan, Joe (8 June 2021). "Rough Sleepers:
Enforcement Powers (England)" (https://commonslibrary.parliament.uk/research-briefings/cbp-
7836/).
21. Lichtblau, Eric. "Attacks on Homeless Bring Push on Hate Crime Laws" (https://www.nytimes.c
om/2009/08/08/us/08homeless.html). Retrieved 2018-06-15.
22. Robinson, Tony (January 2019). "No Right to Rest: Police Enforcement Patterns and Quality of
Life Consequences of the Criminalization of Homelessness". Urban Affairs Review. 55 (1): 41–
73. doi:10.1177/1078087417690833 (https://doi.org/10.1177%2F1078087417690833).
ISSN 1078-0874 (https://www.worldcat.org/issn/1078-0874). S2CID 157576791 (https://api.se
manticscholar.org/CorpusID:157576791).
23. Welsh Carroll, Megan; Flanigan Carroll, Shawn; Gutierrez III, Nicolas (June 2022). "Black
Lives Experiencing Homelessness Matter: A Critical Conceptual Framework for Understanding
How Policing Drives System Avoidance among Vulnerable Populations" (https://doi.org/10.108
0%2F10999922.2022.2090779). Public Integrity. 25 (3): 285–300.
doi:10.1080/10999922.2022.2090779 (https://doi.org/10.1080%2F10999922.2022.2090779).
24. "ECtHR: penalising begging in blanket manner breaches human dignity and privacy rights" (htt
ps://eulawlive.com/ecthr-penalising-begging-in-blanket-manner-breaches-human-dignity-and-p
rivacy-rights/). EU Law Live. 19 January 2021. Retrieved 27 October 2021.
25. Udvarhelyi, Éva Tessza (2014). " "If we don't push homeless people out, we will end up being
pushed out by them": The Criminalization of Homelessness as State Strategy in Hungary: The
Criminalization of Homelessness in Hungary". Antipode. 46 (3): 816–834.
doi:10.1111/anti.12068 (https://doi.org/10.1111%2Fanti.12068).
26. Zakim, Deena A. (2014). "Housing over Handcuffs: The Criminalization of Homelessness in
Hungary" (https://heinonline.org/HOL/LandingPage?handle=hein.journals/sujtnlr37&div=9&id=
&page=). Suffolk Transnational Law Review. 37: 135.

https://en.wikipedia.org/wiki/Anti-homelessness_legislation 6/8
09/08/2023 17:43 Anti-homelessness legislation - Wikipedia

27. Faragó, Laura; Ferenczy-Nyúl, Dávid; Kende, Anna; Krekó, Péter; Gurály, Zoltán (2021).
"Criminalization as a justification for violence against the homeless in Hungary". The Journal of
Social Psychology. 162 (2): 216–230. doi:10.1080/00224545.2021.1874257 (https://doi.org/10.
1080%2F00224545.2021.1874257). PMID 33470185 (https://pubmed.ncbi.nlm.nih.gov/334701
85). S2CID 231653347 (https://api.semanticscholar.org/CorpusID:231653347).
28. Chellew, Cara (2019-06-13). "Defending Suburbia: Exploring the Use of Defensive Urban
Design Outside of the City Centre" (https://cjur.uwinnipeg.ca/index.php/cjur/article/view/164).
Canadian Journal of Urban Research. 28 (1): 19–33. ISSN 2371-0292 (https://www.worldcat.or
g/issn/2371-0292).
29. Petty, James (2016). "The London Spikes Controversy: Homelessness, Urban Securitisation
and the Question of 'Hostile Architecture' " (https://doi.org/10.5204%2Fijcjsd.v5i1.286).
International Journal for Crime, Justice and Social Democracy. 5: 67–81.
doi:10.5204/ijcjsd.v5i1.286 (https://doi.org/10.5204%2Fijcjsd.v5i1.286). ProQuest 2269385649
(https://search.proquest.com/docview/2269385649).
30. Hu, Winnie (2019-11-08). " 'Hostile Architecture': How Public Spaces Keep the Public Out
(Published 2019)" (https://www.nytimes.com/2019/11/08/nyregion/hostile-architecture-nyc.htm
l). The New York Times. ISSN 0362-4331 (https://www.worldcat.org/issn/0362-4331).
Retrieved 2020-12-06.
31. "Rough sleeping: Call to ban 'anti-homeless' benches" (https://www.bbc.co.uk/news/uk-wales-4
7468203). BBC News. 9 March 2019.
32. Monahan, Rachel (June 19, 2019). "Oregon Officials Deter Portland Homeless Campers With
a Million Dollars' Worth of Boulders" (https://www.wweek.com/news/city/2019/06/19/oregon-offi
cials-deter-portland-homeless-campers-with-a-million-dollars-worth-of-boulders/). Willamette
Week. Retrieved December 6, 2020.
33. Legro, Michelle (November 1, 2018). "The City That Will Never Let You Sleep" (https://www.top
ic.com/the-city-that-will-never-let-you-sleep). Topic.
34. Waters, Rob (February 18, 2019). "No Place Left to Go: Business Districts Keep Homeless
Populations on the Move" (https://nextcity.org/features/view/no-place-left-to-go-business-distric
ts-keep-homeless-populations-on-move). nextcity.org. Retrieved 2020-12-06.
35. Andreou, Alex (2015-02-18). "Defensive architecture: keeping poverty unseen and deflecting
our guilt" (https://www.theguardian.com/society/2015/feb/18/defensive-architecture-keeps-pove
rty-undeen-and-makes-us-more-hostile). the Guardian. Retrieved 2020-12-06.
36. Clifford, Scott; Piston, Spencer (June 2017). "Explaining Public Support for Counterproductive
Homelessness Policy: The Role of Disgust". Political Behavior. 39 (2): 503–525.
doi:10.1007/s11109-016-9366-4 (https://doi.org/10.1007%2Fs11109-016-9366-4).
hdl:2144/31477 (https://hdl.handle.net/2144%2F31477). S2CID 151539353 (https://api.semant
icscholar.org/CorpusID:151539353).
37. Link, Bruce G.; Schwartz, Sharon; Moore, Robert; Phelan, Jo; Struening, Elmer; Stueve, Ann;
Colten, Mary Ellen (August 1995). "Public knowledge, attitudes, and beliefs about homeless
people: Evidence for compassion fatigue?". American Journal of Community Psychology. 23
(4): 533–555. doi:10.1007/BF02506967 (https://doi.org/10.1007%2FBF02506967).
PMID 8546109 (https://pubmed.ncbi.nlm.nih.gov/8546109). S2CID 26492219 (https://api.sema
nticscholar.org/CorpusID:26492219). ProQuest 1295917392 (https://search.proquest.com/doc
view/1295917392).

External links
Constitutional Problems with Criminalization Measures (https://web.archive.org/web/20110727
124707/http://wiki.nlchp.org/display/Manual/Criminalization+Constitutional+and+Human+Right
s+Framework) National Law Center on Homelessness and Poverty.

Retrieved from "https://en.wikipedia.org/w/index.php?title=Anti-homelessness_legislation&oldid=1166258004"

https://en.wikipedia.org/wiki/Anti-homelessness_legislation 7/8
09/08/2023 17:43 Anti-homelessness legislation - Wikipedia

https://en.wikipedia.org/wiki/Anti-homelessness_legislation 8/8