Street people, houseless, unhoused, transients, vagrants – people without homes are often called many things, though hopefully we are moving away from more derogatory terms like “hobos” or “bums.” Homelessness is clearly a major problem in California. Laws aimed at dealing with the activities of homeless people are often called “vagrancy laws” or “anti-vagrancy laws,” or even “quality of life laws.”

Cities across the country are increasingly passing and enforcing these laws, according to the National Homelessness Law Center, which some people consider “criminalizing” homelessness. Other cities are taking an alternative approach focusing on helping homeless get off the streets, and many cities, like Los Angeles, are doing a mix of helping and penalizing. Many laws related to homelessness are made at the local level. See our Guide to Homelessness Laws in Los Angeles.

1. Shelter

Do people have a legal right to shelter in California?

In California there is no legal right to shelter, which means the government is not required to provide a place to sleep for every individual who needs one.

Some lawmakers are looking to create a right to shelter, as New York has. California lawmakers are also considering going even further with potentially a requirement for homeless people to accept the shelter.

If there are not enough shelters for homeless people, can they sleep on the streets?

As of June 2024, cities may enforce anti-camping laws and prevent people from sleeping or camping on the streets or sidewalks, even if the government does not provide enough shelters. Prior to the Supreme Court ruling of June 2024, court rulings held that cities may NOT prevent people from sleeping on the streets at night.¹Martin v Boise (2018) – 9th Circuit; Supreme Court let 9th circuit ruling stand That ruling is now overturned.

Since the recent Supreme Court decision, California Governor Gavin Newsom has issued an executive order requiring state agencies to remove homeless encampments across the state.

Are homeless people required to go into shelters?

No, but lawmakers are considering implementing this requirement.

2. Private Property

Are homeless people allowed on private property?

While the laws have been relaxed in terms of sleeping on the streets or in a car (see below), these laws do NOT apply to private property. That is, if any person (homeless or not), is on private property without permission of the owner, this is considered trespass. See more at our Guide to Laws for Homeowners in California.

3. Food donation

Is it illegal to donate food to a non-profit (or could I be sued for it)?

No, it is NOT illegal to donate food to a charity! In fact, laws protect you from liability if you donate food to a non-profit and it later causes harm to someone who handles or eats it, as long as you did not intend to do any harm.²Bill Emerson Good Samaritan Food Donation Act

4. Mental Health

Are there any laws related to the mental health or mental illness of homeless people?

See our Guide to Laws Related to Mental Health.

Resources

See more info on homelessness laws across the country at our Guide to Laws about Homelessness in the U.S., and at the National Homelessness Law Center

Photo credits:

Top photo by Max Pixel, Creative Commons Zero.