Action Alert: Missouri Passes Legislation to make it Illegal to be without Housing

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Since our founding, NCH has opposed any measure that makes it a crime to be homeless in America. We oppose enforcing “no camping” initiatives when there is no other choice available to those who lose their housing. Shelters are full, we still have a Covid problem and there are no more motels available to keep people safe. What do you expect citizens of Missouri to do?

NCH urges the Governor to reject this callous effort to solve a social service issue by using law enforcement.

We oppose solving the affordable housing crisis for a select few in our community. We support a comprehensive solution that involves “housing for all” utilizing a “Housing First” strategy for every single person who loses their safe secure dwellings. The Missouri legislature passed HB 1606 that makes it illegal to be without housing.

  • Missouri legislators are focused on providing “tiny homes” as a solution to homelessness. While some may appreciate tiny homes as a transitional or even permanent living space, NCH advocates for a wide array of other permanent housing solutions.
  • The initiative does nothing to address or alleviate homelessness and goes back to old and tired enforcement laws that led to an increase in homelessness in the early 2000’s.
  • The initiative will simply move people from one side of the street to the other, or from one neighborhood to another, rather than providing real solutions. It’s the equivalent of rearranging the deck chairs on the Titanic as it sits now at the bottom of the Atlantic.
  • HB 1606 says that people who “camp” will be given a warning and then charged with a misdemeanor if they do not relocate. This will only increase the costs on the criminal justice system with more incarcerations and judicial costs associated with enforcing this law.
  • Our unhoused community will be ticketed and prosecuted, leaving them with arrest records and high fines that will only make it even more difficult to secure housing.
  • HB 1606 instructs local communities to set up wartime-style internment camps or tent cities to place all those without housing in one part of town designated by the local community.
  • The initiative will send us back to the old way of doing things, with massive congregate shelter that has shown to be dangerous during a pandemic or other public health emergency. 
  • Any program provided public funds must have access to mental health/substance abuse assistance. While this sounds wonderful, it is pretty depressing sitting in a tent and watching a society of wealth and expensive vehicles pass you by while going to Alcoholics Anonymous meetings. The punitive measures harbored by most “treatment” programs will only alienate and exclude more people than they help.
  • HB 1606 uses false data from the Point in Time Count as some sort of Census of homeless people and demands reductions or communities will lose state funding.
  • HB 1606 uses Point in Time Count as some sort of scientific count of the homeless population. It does not take into account that communities get a bonus for having smaller numbers compared to the year before. What community is going to engage in a truthful count when they are rewarded for stopping the second they get to the number they counted the year before?
  • The numbers cited by the authors of HB 1606 are a ONE day count of the number of homeless people. Every day in Missouri people become homeless. This number vastly understates the actual number of people in Missouri needing housing assistance. In addition, the scope of mental illness among the homeless population is vastly over- estimated. It is no where near 75% of the population when you consider that the majority of the homeless population are families with children.
  • The authors of HB 1606 are mischaracterizing it as an incentive to do better, while it will in actuality punish the social service community, those without housing, and those who want to help. It will do nothing to create more opportunities for housing Missourians
  • The state will mandate extensive background checks for anyone participating in these programs including criminal checks and forcing those asking for help to disclose their history of hospitalizations.
  • HB 1606 says that if a city allows camping the Missouri Attorney General has the power to intercede and charge the local municipality to prosecute those who illegal camp within the state.
  • Also, no community can bar a law enforcement officer from enforcing this law. It is martial law light. In the past every citizen would have objected to any state usurping their power and meddling in local government operations.
  • It is highly likely that one year after this law is initiated communities such as St. Louis, Kansas City, Springfield, Jefferson City, Columbia and even Branson will be under threat to lose their state funding for housing/homelessness because they will not be able to show any progress on reducing the numbers of homeless people.
  • The initiative is a smoke and mirrors policy where the outcome will be to pour more money into enforcement instead of housing.  Neighborhoods will see an increase in homelessness with no permanent solutions, as the Show Me State shows the nation how to make homelessness worse.
  • The plan is purported to offer a “comprehensive plan” to end long term homelessness but offers no details or additional funding to address the affordable housing crisis.

For this and many other reasons, NCH opposes HB 1606 and we urge the Governor to veto this bill that will only criminalize the status of being without housing in Missouri.

Here is a letter that NCH sent to US Department of Housing and Urban Development Secretary Fudge: 

Dear Secretary Fudge:
We contacted your office early in the administration to complain about the growing number of sweeps of encampments in the United States urging the Department of Housing and Urban Development to act to stop this horrible practice of making it illegal to be without housing.  We asked that HUD condemn these policies and act to restrict federal dollars going to criminalizing of those without housing. It is ridiculous that local jurisdictions would take in millions of dollars for homelessness in rescue dollars to house the population while turning around and issuing tickets and throwing away the valuables of those who fled the shelters to live outside.  We understand that you and others spoke out against sweeps especially when they fly in the face of Center for Disease Control recommendations. We saw governors in Texas and now Tennessee (TN SB 1610) pass legislation forcing local communities to enforce “anti-camping” ordinances and allows the state to intervene if the local jurisdiction is not criminalizing homelessness fast enough.   Unfortunately, Congress has not given HUD the ability to halt the proliferation of sweeps in the US since we now have 66 cities are regularly sweeping those who live outside.  
We contacted your office about Iowa legislation 252 passed into law in 2021 that is a direct attack on the Housing Choice Voucher program.  This piece of legislation strikes local laws in three communities that do not allow landlords to discriminate based on how a tenant will pay the rent.  NCH thought it was important to defend a federal housing program which helps lift a disproportionate number of minority members of our community out of homelessness.  We again thought it was a betrayal of the partnership established over the last 40 years for one state to attack a federal program that helps solve a housing crisis while also accepting millions in federal funding to build and develop affordable housing.  We have yet to hear any public comments condemning the state of Iowa for this horrible piece of legislation.  
We write to you today regarding a bill that passed the Missouri (HB 1606) that the Governor is contemplating signing that is a direct assault on HUD policies and programs.  We urge you to intervene and respectfully ask the Governor to veto this bill.  We ask that you let him know how this will impact HUD funding before June 30 or the bill will become law.  Please inform the Governor of Missouri that this new law is inconsistent with any of the Consolidated Plans approved by the state and nor can it ever be consistent with those plans since it conflicts with Congressionally approved HUD policies.  This new law will result in people living in places not fit for human habitation for an indeterminate amount of time.  Please inform the Governor that this potential law is extremely harmful to those without housing, the social service community and the local governments who could lose all state funding as a result of this law.  The National Coalition for the Homeless sees a sharp rise in homelessness in Missouri as a direct result of this law’s implementation. 
If this law goes into effect, we recommend that you present a time line for reversal of this law or declare that HUD funding would be in jeopardy.  This is a direct attack on housing first policies and the long tradition of working to get homeless people into safe, decent housing. It perverts the Point in Time count into a census that Missouri will measure the success of the local homeless service providers, and if they fail to reduce the numbers they will lose state funding.  This was never the intention of the Congressional mandate to provide a point-in-time count. It is also a direct assault on the 30 year history of partnership between the federal and state governments in addressing the affordable housing crisis.   We urge you to intervene to stop this assault on federal policies.  If this law is allowed to stand other states will adopt similar positions and HUD funding will be misused to force people into internment camps.  The time to act is now. 

By Eva Lyons, NCH Intern Spring 2022

Similar to many other cities during the pandemic, Pittsburgh saw a large increase in the number who fled the shelters and could not find other housing so began living outside. Much of this trend is out of the cities hand, except for how they choose to react to this crisis or minimize it. Pittsburgh is the largest city within Allegheny County. Allegheny County prioritized those without housing to keep them safe during the pandemic. Other cities such as Cleveland, OH, and Santa Fe, NM, went down the same path, but most other cities adopted a law enforcement strategy to homelessness. Because unhoused individuals have many chronic health conditions they are at higher risks of getting COVID-19. There are far fewer places to isolate, which has caused an increasing number of people living on the streets in freezing temperatures.

Allegheny County took a more hands on approach and worked to keep everyone safe. They utilized every federal resource they could find, assembled unprecedented amounts of funding to get people inside. They adopted a prevention strategy, and tried connecting people to available services. In looking at models from the pandemic, we believe that Pittsburgh can serve as a template for other government entities to model in response to a health crisis as well as a better strategy for dealing with the emergency of homelessness.

Abigail Horn, Deputy Director of the Office of Community Services for Allegheny County, and Andy Halfhill, Administrator for Homeless Services for Allegheny County shared that the Health Department played an important and positive role in protecting their homeless population. The Health Department met regularly with homeless providers to determine best practices. They also sent staff to check out the shelters and determine next best steps following any health checks. Ms. Horn shared that they were very hands-on and active within the community.

Allegheny County tried to take advantage of every single resource they had available to help their homeless population during these troubling times of the pandemic. They worked to be very nimble and to meet any needs that came along. One of Allegheny County’s main successes was their focus on getting the Safe Haven Hotel running and available for isolation and quarantine spaces. Families and youth could utilize these spaces which also included single adults. This effort helped to deconcentrate people from congregate single shelters. Part of these spaces were designated to move people who were deemed “higher risk individuals” into a safer space. They also were able to utilize rooms in the winter for winter shelter overflow. These efforts started within the first year of the pandemic, showing where the county’s priorities rightfully laid.

Another great success from the county involves how they used the funding and resources they had hosted community discussions to figure out the priorities and then used the dollars coming in from the federal government to prioritize the needs. They decided to focus on their most vulnerable community members with chronic health conditions who had no where else to stay. They used their funding to provide hygiene centers and toilets to larger encampments. Furthermore, the county pushed to help get everyone vaccinated and tested. They sent medical professional out to the streets, and they offered a space to isolate and quarantine at the Safe Haven Hotel.

Outreach in Pittsburgh

Rather than clearing encampments and displacing individuals, they brought resources to those sleeping rough in Pittsburgh. County officials passed along essential resources and compassion that they hoped would build trust to bring people inside. Historically, Pittsburgh has been really respectful, working with outreach teams and educating their police on the best ways to interact with the diverse homeless population. Police are paired with street outreach who get to take the lead with issues or concerns facing homeless individuals. Furthermore, police defer to street outreach teams to help with clean up when residents request and to help pick up trash. This helps ensure that people’s belongings are not being thrown out.

The county’s funding was also used to help families with the technology barriers for online schooling. They provided additional resources, such as cellphones, laptops, and hotspot access to those in need. These resources also helped families and individuals access the internet and online services to contact doctors and other essential providers. Additionally, IPads were provided to the Safe Haven Hotel to help the people living there temporarily. Allegheny County has long- term efforts in place to serve their homeless sector, as this crisis was here before the pandemic and will be here afterwards until something major is done.

They keep their street outreach teams active throughout the year doing health checks and connecting people to housing and hygiene services. These outreach teams play a huge role in the county. They helped connect unhoused individuals to the Safe Haven Hotel as needed. Allegheny County has worked to get the emergency resources they were given on the streets as quickly as possible. During the pandemic, they worked to show that they were using the federal recovery dollars in a strategic and meaningful purpose.

Both state and national entities came through strongly to support the county’s efforts, enabling them to focus on supportive services that saved people’ lives. This includes an extremely robust eviction prevention program. This program kept the surge in homelessness that was seen across the nation to a minimum in Allegheny County. This program was essential because it provided more ways to keep people in their affordable housing and prevent them from joining the homeless population.

Ms. Horn shared that it was not the amount of funding that needs to increase if local communities are prioritizing their funding in a similar way to Allegheny County; instead, she shared what would help the most would be for government at all levels to provide more affordable housing. Ms. Horn shared, “It is hard for people to successfully leave the system because they cannot find safe, stable, and affordable housing when they leave, and I know that is the same across the nation.”

There are currently a lot of programs for veterans, youth, and families. This covers many of the subpopulations of homeless people, however, there are huge groups that fall through the cracks. Ms. Horn and Mr. Halfhill shared that the sub-population increasing the greatest are those with long term stays without housing and those with behavioral health issues. They would like to focus next on creating better connections between homeless individuals and behavioral health services. Allegheny County used the resources at their disposal to help keep their homeless population safe before, during, and after the pandemic. The models in Pittsburgh/Allegheny County can work in other cities to keep our homeless neighbors safe and while the appropriate housing is developed to lower the numbers.