Mayor introduces right to housing, obligation to accept for unhoused city residents

Sacramento (Nov. 15, 2021) Sacramento Mayor Darrell Steinberg Monday proposed that the City of Sacramento adopt a first-in-the-nation right to housing and obligation to accept housing if offered.

The right would take effect January 1, 2023, for every unsheltered resident who was previously housed for at least one year in the city limits. Each person offered at least two forms of shelter or housing would have an obligation to accept one, or they could be moved from their camping site.

The proposed ordinance went to the City Council on Tuesday, Nov. 16 at 5 p.m. for an initial discussion and referral to the Law & Legislation Committee. Mayor Steinberg stressed that he will continue working with housing advocates, the business community, neighborhood representatives and his colleagues in the weeks ahead to refine the measure.

Mayor Steinberg has long been a leader in mental health and homelessness policy in the state of California. He co-chaired Gov. Newsom’s Council of Regional Homeless Advisors, whose chief recommendation was that the state establish a legally enforceable mandate on all levels of government to bring unsheltered people indoors.

Watch the full council discussion here.

“When something matters in our society, we make it a requirement,” Mayor Steinberg said. “It’s not optional for government to provide a free public education to children. It’s not optional for us to provide services to the developmentally disabled. In California, it’s not optional that we eliminate greenhouse gas emissions from our state’s supply of electricity.

A former motel converted to permanent supportive housing in south Sacramento

So why is it not mandatory for government at all levels to provide housing to the tens of thousands of people living on our streets, under bridges and along riverbanks? We haven’t treated housing as an essential life need. We have to stop treating housing as an economic commodity.”

An estimated 11,0000 people are experiencing homelessness in the City of Sacramento. Most of them are living outdoors, exposed to severe weather, crime and other dangers. Unsheltered homelessness poses a direct and immediate threat to the health, safety and welfare of the city and its residents, including the business owners and community members who are suffering from the spillover effects of encampments.

The average homeless person has a lifespan of 47, compared with 77 for the population as a whole.

In the past four years the City has gone far beyond what any previous administration ever did in terms of providing services and emergency shelter to our unhoused neighbors. It has also dedicated tens of millions of dollars to building more permanent supportive housing. In August, the City Council adopted the Comprehensive Siting Plan to Address Homelessness, which designated 20 priority sites around the city for more than 5,000 safe spaces, beds and roofs.

Despite all of this, the crisis of homelessness has worsened. Contributing factors include the 2019 ruling in Martin v. City of Boise, which restricts the ability of jurisdictions to enforce local anti-camping laws if they do not have enough shelter beds to offer those living outdoors. The Covid pandemic is also believed to have caused more people to become homeless after losing their jobs. The County Public Health Officer also instructed local governments not to disrupt camps during the pandemic for fear of spreading Covid-19.

Mayor Steinberg’s proposed ordinance would require the City to meet the numeric goals of the siting plan by Jan. 1, 2023, the same date that the right to housing would take effect for Sacramento’s unsheltered residents.  

Mayor Steinberg makes closing remarks after the council discussion and public comment on the initial draft of the right to housing ordinance.

The definition of “housing” would include permanent dwellings, such as a house, apartment, or hotel room as well as temporary shelters, including tents, RVs, trailers or tiny homes in City-approved locations. Temporary housing would qualify only if the placement includes a plan for each person to attain permanent housing.

The ordinance would not impose criminal or civil penalties for those who refuse, but simply allow the city to enforce a prohibition on camping.

“It is imperative that we bring people indoors and into safer spaces to get them the help they need,” the mayor said. “You can’t help someone when they’re living under a bridge.”

When the City has met the requirements for establishing sufficient housing, it may at the City Manager’s discretion establish no-camping zones of up to 500 feet around homeless shelters, City-approved camping sites, tiny home villages and other formers of emergency and transitional housing to ensure the safety of the residents and to prevent impacts on the surrounding neighborhoods.

After the ordinance takes effect, any unsheltered city resident may file suit in Sacramento Superior Court seeking an order to compel compliance.

The ordinance would direct the City Council to hold a full public hearing in October 2022 to assess the City’s progress toward meeting the housing goals of the comprehensive plan. If the Council concludes that the City and its jurisdictional partners have made substantial progress in meeting the intent and requirements of the comprehensive siting plan, the Council shall consider voting to continue the effective date of the ordinance beyond January 1, 2023.

(Updated Nov. 17 to reflect the presentation at City Council on Nov. 16)