Criminalising homelessness is not just cruel: it’s costly, too

An officer from the Sheriff's Department and a social worker walk the homeless encampment in Anaheim, California in February 2018. Image: Getty.

Increasingly, local laws punish Americans who are homeless.

By severely restricting or even barring the ability to engage in necessary, life-sustaining activities in public, like sitting, standing, sleeping or asking for help, even when there’s no reasonable alternative, these laws are essentially persecuting homeless men, women and children.

As law professors who study how laws can make homelessness better or worse, we encourage cities, suburbs and towns to avoid punishing people who live in public and have nowhere else to go. One big reason: these “anti-vagrancy laws” are counterproductive because they make it harder to escape homelessness.

Many paths to not having a home

Why do at least half a million Americans experience homelessness at any time?

Researchers find that most people who become homeless have nowhere to live after being evicted, losing their jobs or fleeing an abusive partner.

Many emergency homeless shelters are perpetually full. Even those with beds to spare may enforce rules that exclude families, LGBTQ youth and people with pets.

And when homeless people can stay in shelters, often they may only spend the night there. That means they have to go somewhere else during the daytime.

More laws

As the number of people facing homelessness increases, local residents are demanding that their elected officials do something about the homeless people they encounter in their daily lives. The leaders of cities, towns and suburbs are often responsive.

But more often than not, municipalities don’t address the underlying problems that cause homelessness by, say, providing sufficient permanent housing, affordable housing or shelters with minimal barriers to entry. Instead, criminalising homelessness is growing more popular.

Over the last decade, city-wide bans on camping in public have increased by 69 percent while city-wide panhandling bans rose by 43 percent, according to the National Law Center on Homelessness and Poverty.

Advocates such as the American Civil Liberties Union frequently challenge these laws in court. Judges often strike down such laws on the grounds that they violate constitutionally protected rights, such as the freedom of speech or due process.

Still, more and more communities keep trying to outlaw homelessness.


Criminalising homelessness is ineffective

Not only do we and other legal experts find these laws to be unconstitutional, we see ample evidence that they waste tax dollars.

Cities are aggressively deploying law enforcement to target people simply for the crime of existing while having nowhere to live. In 2016 alone, Los Angeles police arrested 14,000 people experiencing homelessness for everyday activities such as sitting on sidewalks.

San Francisco is spending some US$20 million per year to enforce laws against loitering, panhandling and other common conduct against people experiencing homelessness.

Jails and prisons make extremely expensive and ineffective homeless shelters. Non-punitive alternatives, such as permanent supportive housing and mental health or substance abuse treatment, cost less and work better, according to research one of us is doing at the Homeless Rights Advocacy Project at Seattle University Law School and many other sources.

But the greatest cost of these laws is borne by already vulnerable people who are ticketed, arrested and jailed because they are experiencing homelessness.

Fines and court fees quickly add up to hundreds or thousands of dollars. A Sacramento man, for example, found himself facing $100,000 in fines for convictions for panhandling and sleeping outside. These costs are impossible to pay, since the “crimes” were committed by dint of being unable to afford keeping a roof over his head in the first place.

And since having a criminal record makes getting jobs and housing much harder, these laws are perpetuating homelessness.

Joseph W. Mead, Assistant Professor, Cleveland State University and Sara Rankin, Professor of Lawyering Skills, Seattle University.

This article was originally published on The Conversation. Read the original article.

 
 
 
 

A new wave of remote workers could bring lasting change to pricey rental markets

There’s a wide world of speculation about the long-lasting changes to real estate caused by the coronavirus. (Valery Hache/AFP via Getty Images)

When the coronavirus spread around the world this spring, government-issued stay-at-home orders essentially forced a global social experiment on remote work.

Perhaps not surprisingly, people who are able to work from home generally like doing so. A recent survey from iOmetrics and Global Workplace Analytics on the work-from-home experience found that 68% of the 2,865 responses said they were “very successful working from home”, 76% want to continue working from home at least one day a week, and 16% don’t want to return to the office at all.

It’s not just employees who’ve gained this appreciation for remote work – several companies are acknowledging benefits from it as well. On 11 June, the workplace chat company Slack joined the growing number of companies that will allow employees to work from home even after the pandemic. “Most employees will have the option to work remotely on a permanent basis if they choose,” Slack said in a public statement, “and we will begin to increasingly hire employees who are permanently remote.”

This type of declaration has been echoing through workspaces since Twitter made its announcement on 12 May, particularly in the tech sector. Since then, companies including Coinbase, Square, Shopify, and Upwork have taken the same steps.


Remote work is much more accessible to white and higher-wage workers in tech, finance, and business services sectors, according to the Economic Policy Institute, and the concentration of these jobs in some major cities has contributed to ballooning housing costs in those markets. Much of the workforce that can work remotely is also more able to afford moving than those on lower incomes working in the hospitality or retail sectors. If they choose not to report back to HQ in San Francisco or New York City, for example, that could potentially have an effect on the white-hot rental and real estate markets in those and other cities.

Data from Zumper, an online apartment rental platform, suggests that some of the priciest rental markets in the US have already started to soften. In June, rent prices for San Francisco’s one- and two-bedroom apartments dropped more than 9% compared to one year before, according to the company’s monthly rent report. The figures were similar in nearby Silicon Valley hotspots of San Jose, Mountain View, Palo Alto.

Six of the 10 highest-rent cities in the US posted year-over-year declines, including New York City, Los Angeles, and Seattle. At the same time, rents increased in some cheaper cities that aren’t far from expensive ones: “In our top markets, while Boston and San Francisco rents were on the decline, Providence and Sacramento prices were both up around 5% last month,” Zumper reports.

In San Francisco, some property owners have begun offering a month or more of free rent to attract new tenants, KQED reports, and an April survey from the San Francisco Apartment Association showed 16% of rental housing providers had residents break a lease or unexpectedly give a 30-day notice to vacate.

It’s still too early to say how much of this movement can be attributed to remote work, layoffs or pay cuts, but some who see this time as an opportunity to move are taking it.

Jay Streets, who owns a two-unit house in San Francisco, says he recently had tenants give notice and move to Kentucky this spring.

“He worked for Google, she worked for another tech company,” Streets says. “When Covid happened, they were on vacation in Palm Springs and they didn’t come back.”

The couple kept the lease on their $4,500 two-bedroom apartment until Google announced its employees would be working from home for the rest of the year, at which point they officially moved out. “They couldn’t justify paying rent on an apartment they didn’t need,” Streets says.

When he re-listed the apartment in May for the same price, the requests poured in. “Overwhelmingly, everyone that came to look at it were all in the situation where they were now working from home,” he says. “They were all in one-bedrooms and they all wanted an extra bedroom because they were all working from home.”

In early June, Yessika Patapoff and her husband moved from San Francisco’s Lower Haight neighbourhood to Tiburon, a charming town north of the city. Patapoff is an attorney who’s been unemployed since before Covid-19 hit, and her husband is working from home. She says her husband’s employer has been flexible about working from home, but it is not currently a permanent situation. While they’re paying a similar price for housing, they now have more space, and no plans to move back.

“My husband and I were already growing tired of the city before Covid,” Patapoff says.

Similar stories emerged in the UK, where real estate markets almost completely stopped for 50 days during lockdown, causing a rush of demand when it reopened. “Enquiry activity has been extraordinary,” Damian Gray, head of Knight Frank’s Oxford office told World Property Journal. “I've never been contacted by so many people that want to live outside London."

Several estate agencies in London have reported a rush for properties since the market opened back up, particularly for more spacious properties with outdoor space. However, Mansion Global noted this is likely due to pent up demand from 50 days of almost complete real estate shutdown, so it’s hard to tell whether that trend will continue.

There’s a wide world of speculation about the long-lasting changes to real estate caused by the coronavirus, but many industry experts say there will indeed be change.

In May, The New York Times reported that three of New York City’s largest commercial tenants — Barclays, JP Morgan Chase and Morgan Stanley — have hinted that many of their employees likely won’t be returning to the office at the level they were pre-Covid.

Until workers are able to safely return to offices, it’s impossible to tell exactly how much office space will stay vacant post-pandemic. On one hand, businesses could require more space to account for physical distancing; on the other hand, they could embrace remote working permanently, or find some middle ground that brings fewer people into the office on a daily basis.

“It’s tough to say anything to the office market because most people are not back working in their office yet,” says Robert Knakal, chairman of JLL Capital Markets. “There will be changes in the office market and there will likely be changes in the residential market as well in terms of how buildings are maintained, constructed, [and] designed.”

Those who do return to the office may find a reversal of recent design trends that favoured open, airy layouts with desks clustered tightly together. “The space per employee likely to go up would counterbalance the folks who are no longer coming into the office,” Knakal says.

There has been some discussion of using newly vacant office space for residential needs, and while that’s appealing to housing advocates in cities that sorely need more housing, Bill Rudin, CEO of Rudin Management Company, recently told Spectrum News that the conversion process may be too difficult to be practical.

"I don’t know the amount of buildings out there that could be adapted," he said. "It’s very complicated and expensive.

While there’s been tumult in San Francisco’s rental scene, housing developers appear to still be moving forward with their plans, says Dan Sider, director of executive programs at the SF Planning Department.

“Despite the doom and gloom that we all read about daily, our office continues to see interest from the development community – particularly larger, more established developers – in both moving ahead with existing applications and in submitting new applications for large projects,” he says.

How demand for those projects might change and what it might do to improve affordable housing is still unknown, though “demand will recover,” Sider predicts.

Johanna Flashman is a freelance writer based in Oakland, California.