Michigan ‘invoice of rights for the homeless’ to be launched as a part of bigger housing package deal

For folks experiencing homelessness, the trauma of shedding entry to housing is a significant burden that’s typically worsened by the limitations folks face when looking for housing, employment or entry public providers and medical care.
Of us experiencing homelessness typically face a Catch-22 when making use of for work with no everlasting deal with, together with discomfort in making use of utilizing the deal with for a shelter the place they might be residing, considerations of discrimination if an employer finds they’re residing in a shelter, and potential conflicts between working hours and shelter curfews, stated Kaitie Giza, the engagement supervisor for the Homeless Motion Community of Detroit.
So as to entry housing folks typically want a driver license or a start certificates to show their identification, Giza stated. Nonetheless, if somebody doesn’t have entry to these paperwork they may often want one doc to get one other.
“Each doc requires that you just want one other doc to entry it. And when you have none of these paperwork, then you definately simply really feel actually caught,” Giza stated.
Exercising primary rights like voting may also show troublesome. Whereas working a voting marketing campaign in 2020, Giza noticed plenty of limitations for unhoused folks registering to vote.
“The programs which are in place are, you would argue, deliberately or unintentionally arrange in a approach that makes it actually laborious for folk experiencing homelessness to vote, significantly round the necessity to have an deal with, the necessity to have an ID and sure issues alongside these strains,” Giza stated.
The unhappy truth is that we do form of see a necessity for these kinds of homeless invoice of rights as a result of folks experiencing homelessness have their rights infringed upon on a regular basis. Nonetheless, not at all times are they acknowledged in regulation or in follow that individuals even have these rights.
– Eric Tars, authorized director for the Nationwide Homelessness Regulation Middle
These points haven’t gone unnoticed by state lawmakers.
In July, state Rep. Emily Dievendorf (D-Lansing) reintroduced a invoice to create a “invoice of rights for the homeless” granting unhoused folks protections from discrimination based mostly on their housing standing, together with the best to equal remedy by all state and municipal businesses, freedom from discrimination in employment as a result of lack of a everlasting deal with, and the best to vote and obtain documentation essential to show identification for voting.
The invoice, Home Invoice 4919, states: “A person’s rights, privileges, or entry to public providers should not be denied or abridged solely as a result of the person is homeless or perceived as being homeless. A person who’s homeless shall be granted the identical rights and privileges as every other citizen of this state.”
In 2021, there have been 30,113 folks experiencing homelessness in Michigan based on an annual report on ending homelessness in Michigan. The report additionally discovered that Black, Indigenous and different folks of coloration have been extra prone to expertise homelessness.
In accordance with the Nationwide Alliance to Finish Homelessness’ 2023 State of Homelessness report, 8,206 in Michigan skilled homelessness on a given night time in 2022, with the Detroit, Kalamazoo, Lansing, Saginaw, Battle Creek areas and Lenawee County seeing increased numbers of individuals experiencing homelessness.
In Detroit, 26.7 folks out of each 10,000 are experiencing homelessness, the report stated.
Over the previous 15 years, Michigan’s complete homeless inhabitants decreased 71%, down from 28,295 people experiencing homelessness on an evening in 2007.
In neighboring Ohio, 10,654 folks skilled homelessness on a given night time in 2022 in comparison with 5,449 folks in Indiana and 9,212 folks in Illinois.
In January 2022, U.S. Division of Housing and City Improvement reported that roughly 582,500 folks in a single night time have been experiencing homelessness. Whereas 60% of these people have been in emergency shelters, secure havens or transitional housing applications, the remaining 40% didn’t have shelter.
Black and Indigenous folks have been additionally overrepresented amongst folks experiencing homelessness nationwide, based on the report.
“When there are communities which are significantly underneath assault, or susceptible attributable to discrimination or exclusion, we as human beings are unlikely to handle their wants and acknowledge all the distinctive obstacles that they encounter until we title it,” Dievendorf stated.
“We frequently want it identified that this stuff are missing within the first place, as a result of if it’s not our expertise, we don’t know all of the locations that different folks can’t entry and don’t get pleasure from,” they stated.
Dievendorf’s invoice additionally notes that these aged 13 to 23 typically undergo from deprivation as a result of they’re homeless or are perceived as homeless.
Jennifer Erb-Downward, director of Housing Stability Applications and Coverage Initiatives at College of Michigan Poverty Options, stated an estimated 8% of youngsters in Michigan will expertise homelessness by the point they end elementary faculty, with roughly 1 in 10 Okay-12 college students experiencing homelessness. There are additionally stark racial disparities, with 1 in 7 Black college students and 1 in 7 Hispanic college students experiencing homelessness, she stated.
The proposed invoice of rights would grant unhoused folks entry to the next rights, with out discrimination based mostly on their housing standing:
- The precise to make use of and transfer freely in public areas, together with, however not restricted to, public sidewalks, public parks, public transportation and public buildings, in the identical method as every other particular person.
- The precise to equal remedy by all state and municipal businesses.
- Freedom from discrimination in employment as a result of lack of a everlasting mailing deal with or having a mailing deal with that could be a shelter or social service supplier.
- The precise to emergency medical care.
- The precise to vote, register to vote and obtain documentation essential to show identification for voting with out discrimination attributable to housing standing, if the person is a United States citizen.
- Safety from having information or data supplied to a homeless shelter or service supplier disclosed to state, municipal and personal authorities with out correct authorized authority, in addition to the best to confidentiality of private information and knowledge consistent with limits on disclosure established by necessities underneath a federal homeless administration data system, the Well being Insurance coverage Portability and Accountability Act of 1996 or the Violence In opposition to Girls Act of 1994.
- An inexpensive expectation of privateness within the particular person’s private property to the identical extent as private property in a everlasting residence.
- The precise for a homeless youth to be enrolled in class at once or discrimination due to housing standing.
If these rights are violated, people can take civil motion the place the court docket can award applicable injunctive and declaratory aid, precise damages and cheap lawyer charges and prices to the one who brings the case.
This coverage is a reintroduction of payments launched by former state Sen. Bert Johnson (D-Highland Park) in 2016 and 2017.
Eric Hufnagel, CEO of the Michigan Coalition In opposition to Homelessness, stated work on the payments started in 2015 by a gaggle of state, regional and native organizations pulled collectively at Johnson’s request to debate what a homeless invoice of rights would possibly seem like.
“The factor that we talked about collectively was making an attempt to deal with some laws that may not merely be aspirational … one thing that may be extra like aspirational ideas versus enforceable rights,” Hufnagel stated.
“We restricted it actually to: What can be the areas the place there may very well be some enforceable rights? The place might there be some mechanisms to just remember to can implement it, you can have adjudication, and so forth.,” Hufnagel stated.
Nonetheless, after Johnson resigned from the Legislature in 2018 the invoice was shelved, Hufnagel stated.

In accordance with Dievendorf, the invoice is an element of a bigger package deal of payments geared toward addressing housing, with the invoice of rights for the homeless standing alone. The package deal may even embody a set of payments which Dievendorf calls a renter’s invoice of rights, and one other package deal that can deal with housing challenges for migrant farm staff and home staff.
Erb-Downward stated this invoice takes a step ahead in recognizing that homelessness shouldn’t be criminalized.
“There’s actually no profit from making it in order that when you don’t have a house, you then are going through completely different authorized charges, you’re shedding your stuff. All of these issues are simply driving folks additional into poverty and making it tougher to reestablish secure and steady housing,” Erb-Downward stated.
“Each time we enact legal guidelines, or have insurance policies in place that function on constructions that criminalize poverty, we’re actually exacerbating already very, very troublesome conditions that persons are residing with and and we’re not fixing the underlying problem,” she stated.
The invoice’s inclusion of short-term housing in describing homelessness is crucial, Erb-Downward stated.
“I believe it’s crucial that we push again on this concept of who’s homeless. We have to really actually take a look at our state and actually take a look at who’s struggling and it’s a widespread problem. A lot, a lot bigger than the variety of people who find themselves actually residing on the road,” she stated.
Homelessness is way broader than people who find themselves residing on the road, and it consists of folks residing in short-term shelters and “doubled-up” conditions the place somebody could be sofa browsing or staying with an acquaintance or relative, Erb-Downward stated.
She additionally praised the inclusion of a proper to schooling for youth experiencing homelessness, which is a part of federal regulation. Whereas college students who’re unhoused have a proper to equal entry to schooling, there are nonetheless circumstances the place youth are denied enrollment on account of their housing standing.
Whereas this invoice is essential, the way in which it might be applied as a regulation is vital, Erb-Downward stated.
“If this regulation is handed, are we working within the spirit of the regulation? Not simply to the phrase of the letter of the regulation, however is that this really one thing the place we’re implementing our different legal guidelines, guidelines and insurance policies in a approach that ensures the dignity of people who find themselves experiencing housing instability,” she stated.
Eric Tars, authorized director for the Nationwide Homelessness Regulation Middle, stated folks experiencing homelessness are sometimes denied the identical rights and privileges as different members of the general public.
“The unhappy truth is that we do form of see a necessity for these kinds of homeless invoice of rights as a result of folks experiencing homelessness have their rights infringed upon on a regular basis. Nonetheless, not at all times are they acknowledged in regulation or in follow that individuals even have these rights,” Tars stated.
In Michigan, a number of native governments have taken latest actions relating to homelessness.
‘A carnival for the wealthy’: GR residents slam proposed ordinances concentrating on unhoused folks
The Grand Rapids Metropolis Fee confronted robust criticism from residents over ordinances they stated focused unhoused folks.
The ordinances, which handed in July, penalize a person for “accosting” somebody by an ATM or whereas they’re consuming or consuming outside, and would permit the town to confiscate “extra” or unattended private property saved in parks or on sidewalks. The American Civil Liberties Union (ACLU) of Michigan had urged Mayor Rosalynn Bliss and metropolis commissioners to reject the ordinances, which, together with a present metropolis ordinance banning folks from tenting in a single day in public parks, the ACLU stated are unconstitutional.
In Kalamazoo, residents criticized the town for concentrating on unhoused folks after indicators have been posted on the Kalamazoo Mall and in metropolis parks saying people with bedding, sleeping baggage or different private belongings might face penalties for dwelling or sleeping in these locations for greater than two hours, MLive reported.
“There appears to be a push nationally within the unsuitable route that we’re seeing increasingly criminalization of homelessness,” Giza stated. “We’re seeing increasingly ways in which of us are being punished for being in public areas and arrested.”
Whereas Michigan’s proposed invoice of rights is much like different payments of rights for the homeless handed in Connecticut, Rhode Island and Illinois, the non-discrimination language used on this invoice doesn’t grant unhoused folks any extra rights than the remainder of the general public, Tars stated.
“This principally simply says that if the general public has the best to sleep within the park, then homeless folks have the best to sleep within the park however it doesn’t say you’ll be able to’t ban them from sleeping within the park,” Tars stated.
Erb-Downward raised comparable considerations about how the regulation shall be applied. In New York, the place she labored previous to shifting to Michigan, houseless folks have a proper to shelter. Nonetheless, it is usually unlawful to sleep in a public library, she stated.
Dievendorf defined that whereas this invoice wouldn’t grant somebody the best to reside in a library and wouldn’t forestall municipalities from banning folks from sleeping on the road, it does guarantee folks can transfer by the streets freely. It additionally asks {that a} houseless particular person have a proper to privateness and their very own property.
“We all know that oftentimes municipalities, in considering that there’s good intent behind it, will throw away the belongings of houseless of us, transfer them to a different piece of property the place they’re much less seen,” Dievendorf stated.
“What we all know works greatest shouldn’t be making an attempt to push houseless of us out of sight and out of thoughts, however as a substitute, routinely bringing the sources that they want So as to get to the foundation of their homelessness, to the locations the place the homeless of us are,” they stated.
Oftentimes, unhoused persons are carrying all the pieces they’ve, Dievendorf stated. Whereas lawmakers can think about bright-line checks for tips on how to decide if an encampment has been deserted, houseless folks’s belongings shouldn’t be taken or thrown away if folks don’t like the way it seems to be when unhoused folks don’t have anyplace else to place it, Dievendorf stated.
“Once we get rid of what they left at their camp as a result of we need to make it look nicer or as a result of we’re making an attempt to discourage folks from residing there, we’ve got taken their life. We’ve taken their complete life,” Dievendorf stated.

Tars advocated for approaches with stronger language, just like the Proper to Relaxation Acts proposed in states like California, Oregon and Colorado, which grants folks the best to relaxation in public areas if there aren’t personal areas to relaxation in. These insurance policies additionally embody provisions permitting somebody to sleep and reside of their car.
“It’s stronger language. It really preserves that proper to survival,” Tars stated.
“It doesn’t create particular rights for folks experiencing homelessness. Anyone can use it,” Tars stated.
Tars additionally listed a proposed constitutional modification in California that may acknowledge housing as a human proper for instance of insurance policies lawmakers ought to work in the direction of.
Tars and Hufnagel additionally raised questions concerning the invoice’s language that enables unhoused folks to take civil motion if their rights within the invoice are violated.
“That query of civil motion, I believe is a type of items that should be talked about just a little bit extra. What would that imply? How might that really occur?” Hufnagel stated.
“From a sensible standpoint, you’re saying that someone must file a swimsuit towards someone. I don’t understand how sensible that’s for the common particular person to have the ability to try this. Would that be one thing that may be class motion fits towards a municipality or a enterprise, and so forth.? I don’t know what that may seem like. That must be mentioned and thought out,” Hufnagel stated.
Tars famous that within the states which have already handed homeless payments of rights much like the one proposed in Michigan haven’t seen a lot use in taking authorized motion.
“Whether or not it’s as a result of folks aren’t conscious of their rights or can’t entry them as a result of they don’t have entry to [legal] counsel. Entry to counsel is assured in legal circumstances, however not in civil circumstances and so discovering someone simply to convey a case can be troublesome,” Tars stated.
Dievendorf stated the housing package deal deliberate for the autumn will embody a proper to authorized help or a proper to counsel. The state additionally elevated funding for authorized help providers in its state normal authorities funds for Fiscal Yr 2024, as a result of these providers are at capability, Dievendorf stated.
When working to empower people to entry authorized providers, Dievendorf stated it’s essential to convey sources to the parents who want it, advocating for hubs the place unhoused folks can entry providers like short-term housing, meals advantages, social safety and psychological well being providers.
There’s actually no profit from making it in order that if you do not have a house, you then are going through completely different authorized charges, you are shedding your stuff. All of these issues are simply driving folks additional into poverty and making it tougher to reestablish secure and steady housing.
– Jennifer Erb-Downward, director of housing stability applications and coverage initiatives at College of Michigan Poverty Options
If there’s a location the place somebody can go to obtain help for all the issues that could be a problem to them, then there can be much less and fewer folks coming again in want of emergency housing as they care for these wants, Dievendorf stated.
“One of many issues that we will guarantee is offered at these places is data on the truth that they do have authorized rights, have been this invoice to be handed. And the authorized assist can be free,” they stated.
“I’ll say the principle concern I’ve heard from of us is defending houseless of us received’t care for homelessness. And my reply is sure, you’re proper. But it surely’s one factor that’s completely mandatory and that’s why we’re going to be doing all the issues to be able to make sure that we’re altering the way in which we deal with homelessness.”