Sacramento mayor’s ‘right to housing’ plan for the homeless likely moving forward
Mayor Darrell Steinberg’s long-awaited proposal for Sacramento to become the first city in the country to adopt a legal “right to housing” will likely move forward in some capacity following a City Council discussion on Tuesday.
If the City Council eventually approves the ordinance, the city would be required starting in 2023 to create enough shelter and housing for the homeless. If it fails to do so, homeless individuals could sue the city. The ordinance would also require unhoused people to accept housing or shelter when offered two different types. If they do not, their camp could be cleared, even if it’s on public property.
That provision was met with strong criticism from homeless advocates. Steinberg said clearing camps would not be the focus. Instead, the motivation behind the plan is to create a “strong push” to hold the city accountable on creating new affordable housing.
“I understand the fear ... that this is just a hidden way to deal with the tent encampment issue and clean up the city,” Steinberg said during Tuesday night’s council meeting. “My motive is not to make life harder for people, it’s to get people indoors because I think living outdoors in these tent encampments is horrible.”
Many council members praised the mayor for the idea Tuesday, though they also raised questions. The only council member who raised strong opposition to the idea Tuesday was Councilman Jeff Harris, who said the ordinance would result in lawsuits against the city.
“I’ll be honest, I don’t like this ordinance,” said Harris, who represents East Sacramento and the River District. “I have spoken to the city attorney and this does expose us to substantial risk ... we will end up in court.”
No vote was taken on the proposal Tuesday. The council’s Law and Legislation Committee plans to discuss the topic next, though a date is not yet scheduled. The ordinance would require approval by the full council in order to be adopted.
Aside form housing, the two options offered to homeless people could include spaces at congregate shelters, Safe Ground sanctioned tent encampments, hotel rooms, tiny homes and trailers. All options would need to provide help for guests to find permanent housing. Steinberg proposed an amendment to the ordinance that would allow the homeless to bring their pets, partners and possessions.
The city’s Department of Community Response would enforce the ordinance, Steinberg said. There would be no police involvement, fines or citations. The ordinance would apply to people who were housed in the city for at least one year before becoming homeless.
The ordinance would clarify how city staff should comply with the Martin v. Boise court decision, Steinberg said. That ruling already bars municipalities from citing people for camping on public property unless a shelter bed is offered to them, but it’s interpreted in different ways, Steinberg said.
Opposition from homeless advocates
Bob Erlenbusch, executive director of the Sacramento Regional Coalition to End Homelessness, said Monday he supported the ordinance in general, but after reading the details, he changed his position.
“We feel it is counterproductive to try to circumvent the Boise decision via this draft ordinance, when that same energy could be refocused into creating enough income-based housing to end and prevent homelessness in our community,” Erlenbusch wrote in a letter to the council Tuesday.
Joe Smith, advocacy director for Loaves and Fishes, the largest homeless organization in the city, said there there are still unanswered enforcement questions.
“(The draft ordinance) says if a person does not choose either of the options presented to them, they will not be criminalized or fined, but they will be told they cannot remain where they are,” Smith told the council. “This is vague. Where will they go? What will be offered to them? Who will and how will they be compelled to move?”
All shelter beds are typically full on any given night in Sacramento, and it can take years to move to the top of wait lists for affordable housing. The ordinance would not take effect until 2023 in order to give the city time to create more shelter beds and housing. The council in August adopted a siting plan with about 20 new sites for shelters, tiny home villages and Safe Ground sanctioned tent and parking sites. None of the 20 sites have yet opened, though the city has added more inventory to its motel voucher program.
The ordinance would require the city to create 5,125 beds, roofs and safe camping spaces, the number in the siting plan, by Jan. 1, 2023. The locations of the sites could change.
An estimated 45,580 new housing units, including 16,769 for low-income residents, are needed in the city by 2029, according to a state-mandated report. Once enough affordable housing is built, staff would only offer housing, not shelter, before clearing homeless camps, the draft ordinance says.
In October, if the council decides it’s making “substantial progress” on housing, it could push back the start date for the ordinance later than Jan. 1, 2023, the draft ordinance says.
