News & Analysis as of

Homeless Issues Local Ordinance

Sands Anderson PC

Public-Camping Ordinances Survive SCOTUS Challenge, Providing Certainty to Local Governments Policing Illegal Camping

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Public-camping ordinances across Virginia and the United States dodged a constitutional bullet that would have prohibited criminal penalties for violations those laws if the defendant did not have adequate access to shelter. ...more

Bricker Graydon LLP

Supreme Court Expands Available Government Strategies to Respond to Homelessness Crisis

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On June 28, 2024, the U.S. Supreme Court issued a decision in City of Grants Pass, Oregon v. Johnson finding municipal ordinances prohibiting camping on public property to be a constitutional exercise of local government...more

Tucker Arensberg, P.C.

U.S. Supreme Court Weighs In: Are Ordinances Used to Prohibit Homeless Encampments in Public Areas Unconstitutional?

In response to a class action suit by homeless people challenging several anti-camping ordinances in the city of Grant Pass, OR, the U.S. Supreme Court explored the contours of the Eighth Amendment (“8A”) of the U.S....more

Stoel Rives -  Ahead of Schedule

United States Supreme Court Lifts Restrictions on Public Camping Laws in the Ninth Circuit

Policymakers have several tools for addressing the rising issue of homelessness in their communities.  In City of Grants Pass, Oregon v. Johnson, No. 23-175603 (June 28, 2024), the U.S. Supreme Court (“Court”) had its first...more

Cozen O'Connor

Cozen Cities - May 22, 2024

Cozen O'Connor on

CHICAGO — Ordinance Requiring City Data Be Stored in U.S. Held in Committee- The Chicago City Council Committee on Economic, Capital & Technology Development held an ordinance requiring city data to “be processed, stored,...more

Rumberger | Kirk

Florida Develops Comprehensive Plan to Address  Camping and Sleeping on Public Property

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In an effort to address homelessness, effective October 1, 2024, the State of Florida implements its comprehensive plan to preempt local ordinances permitting public camping or sleeping, to provide standards for lawful...more

Sheppard Mullin Richter & Hampton LLP

Supreme Court Weighs Whether to Clarify Camping Bans and Homelessness Policies

Local ordinances prohibiting camping or sleeping outdoors have created widespread controversy. Affected cities and states contend that the two Ninth Circuit rulings on the issue are confusing and preclude them from...more

Coblentz Patch Duffy & Bass

What We're Reading, Watching, and Listening to: April 2023

A roundup of news and multimedia from the Unfamiliar Terrain team: San Francisco - S.F. housing production slows to crawl as state goals loom (San Francisco Chronicle): The Planning Department’s annual housing...more

Cozen O'Connor

Cozen Cities - March 22, 2023

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Chicago will begin testing parking enforcement technology and smart loading zones following an ordinance the City Council passed March 15. The technology will automatically issue tickets for parking or standing violations in...more

Goodwin

LA Measure ULA: A New Real Estate Transfer Tax on Residential and Commercial Properties Over $5 Million

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Measure ULA, also known as the “Homelessness and Housing Solutions Tax,” was a ballot measure in Los Angeles which was recently approved by voters in the 2022 Los Angeles County Midterm Elections. Measure ULA will impose a...more

Best Best & Krieger LLP

Ninth Circuit Revisits and Clarifies the Reach of Martin v. City of Boise

Court Invalidates City’s Attempts to “Evade” Martin - Over the last few years, courts have significantly narrowed the permissible scope of local regulation of public camping. The catalyst for this shift was Martin v. City...more

Akerman LLP

Housing Our Neighbors: A Blueprint for Housing and Homelessness

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On June 14th, 2022, New York City Mayor Eric Adams released his much-anticipated housing plan entitled “Housing Our Neighbors: A Blueprint for Housing and Homelessness.” In his announcement, Mayor Adams outlined his...more

Best Best & Krieger LLP

Court Prohibits Los Angeles City from Summarily Destroying Homeless Individuals’ “Bulky” Items

Ninth Circuit Affirms Lower Court’s Preliminary Injunction - The U.S. Ninth Circuit Court of Appeals decisions in Martin v. City of Boise and Lavan v. City of Los Angeles significantly altered how municipalities can...more

Best Best & Krieger LLP

Court Rules that City-Erected Structure at a Municipal Airport is Not “Shelter”

Decision in Compliance with Martin v. City of Boise - The last few years have seen a fundamental shift in how municipalities can lawfully regulate camping on public property. The spark for this shift was Martin v. City of...more

Proskauer - Proskauer For Good

Proskauer Virtual Volunteers Support LACBA’s Veterans Legal Service Project Clinic

Next week, Proskauer will headline the Los Angeles County Bar Association’s Veterans Legal Services Project (VLSP) clinic. Proskauer attorneys sponsor the clinic every November – but this year’s clinic will be very different....more

Allen Matkins

Sustainable Development and Land Use Update - November 2020

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California voters reject measure to expand rent control - Bullet SFGate – November 4 - Voters on Tuesday soundly rejected a ballot measure that would have let California cities expand rent control in a state where...more

Best Best & Krieger LLP

City Can’t Immediately Seize and Destroy “Bulky” Items Belonging to the Homeless Without a Warrant or Notice

Los Angeles Blocked From Enforcing Ordinance Allowing for the Immediate Seizure and Destruction of Large Personal Property Stored in Public. ...more

Tonkon Torp LLP

Is Portland Really Requiring Private Developers To Provide Campsites For The Homeless?

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Is Portland really requiring private developers to provide campsites for the homeless? To find out, we checked in with our Ear to the Ground Person on the Street (“ETTGPOTS”). Us: What the heck happened, that got so many...more

Best Best & Krieger LLP

Local Ordinances Cannot Permit Prosecution for Sleeping Outside on Public Property When No Shelter is Available - Ninth Circuit...

Cities cannot prosecute people criminally for sleeping outside on public property if they have no home or no other shelter to go to, the U.S. Ninth Circuit Court of Appeals ruled earlier this week. The court held that...more

Tonkon Torp LLP

Repurposing Jails and Other Innovative Solutions to the Growing Homelessness Problem

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If you live in Portland, Oregon, you might be “used to” seeing people sleeping in tents, people openly using drugs, people without shoes or proper clothing pushing carts with meager belongings through town, or people acting...more

Holland & Knight LLP

West Coast Real Estate Update: November 2016 #2

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California Appellate Court Overturns “Sham Guaranty” Defense - The single-purpose entity (SPE) has become a ubiquitous tool in commercial real estate acquisitions and financing in California. Lenders increasingly require...more

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