OntheWilderSide

No person’s rights, privileges, or access to public services may be diminished, compressed or denied simply because they are experiencing homelessness .

Suffolk County and the Town of Riverhead need to adopt a Homeless Bill of Rights. Just like our community understands the need to protect the rights of other vulnerable groups — such as children and seniors — we also need to pay attention to how people are treated when they are experiencing homelessness.

A group of concerned neighbors who are community organizers, workers at service organizations for unhoused people, and others who have recently awakened to problems encountered by unhoused people, have gathered together to appeal to community members and leaders to be more fair and helpful.

One of our first projects as a group has been to work on a draft document for what a “Homeless Bill of Rights” might look like for Suffolk County and our local towns.

Your thoughts and comments are welcome at this blog. In addition, we would be so pleased if you would start a dialogue with any of your public officials. Another way to help would be to discuss this topic with friends and colleagues you know whose work relates to unhoused people: Many of them may already be aware of this project. Some of them may want to join our committee.

You can also direct comments and words of support to our new and developing group: Long Island Legislative Committee in Support of our Unhoused Neighbors. Our email address (with letters that don’t quite match up) is: lilcsun.forunhousedneighbors@gmail.com

Homeless Bill of Rights:
(A vision for Long Island governments. A proposal to Suffolk County and The Town of Riverhead)

No person’s rights, privileges, or access to public services may be diminished, compressed or denied simply because they are experiencing homelessness . For purposes of this section, “person experiencing homelessness” means any person who does not have a fixed or regular residence and who may live on the street or outdoors, in a homeless shelter or another temporary residence. Such a person has the same rights and privileges as any other resident of this state, and can expect these rights to be protected and respected. A person experiencing homelessness: 

(1) Has the right to use and move freely in public spaces, including, but not limited to, public sidewalks, public parks, public transportation and public buildings, in the same manner as any other person, and without discrimination on the basis of their housing status and without intimidation or harassment from anyone, including law enforcement officers, in the same manner as other persons. Non-hostile approach to architectural plans and design that promotes inclusivity and accessibility for all shall be promoted to this end;

(2) Has the right to equal treatment by all state and municipal agencies as related, but not limited, access to housing, healthcare, childcare, education, and social services, without discrimination on the basis of housing status, and shall not be made to believe they cannot apply for programs based on housing status or denied reasonable accommodations that they would otherwise be eligible for; 

(3) Has the right not to face discrimination while seeking or maintaining employment due to their lack of permanent mailing address, or their mailing address being that of a shelter or social service provider; 

(4) Has the right to emergency medical care free from discrimination based on their housing status; 

(5) Has the right to vote, register to vote, and receive documentation necessary to prove identity for voting without discrimination due to their housing status; 

(6) Has the right to receive equal treatment by state and municipal agencies, including the right to protection from disclosure of their records and information provided to homeless shelters and service providers to state, municipal and private entities without appropriate legal authority; and the right to confidentiality of personal records and information in accordance with all limitations on disclosure established by the Federal Homeless Management Information Systems, the Federal Health Insurance Portability and Accountability Act, and the Federal Violence Against Women Act; 

(7) Has the right to a reasonable expectation of privacy in their personal property, including tents, encampments, and any other dwellings free from unwarranted surveillance or intrusion to the same extent as personal property in a permanent residence, as well as the right to protection against the seizure or destruction of personal property, especially government documents and medication;

(7a) Has the right, by extension of item 7, to protection against encampment sweeps or forced relocation from dwelling site if alternate shelter is unavailable, or if the person experiencing homelessness is ineligible for placement in shelter as determined by the Ninth Circuit Court of Appeals (Martin v. City of Boise, 2019; Johnson v. City of Grants Pass, 2022);

(8) Has the right to access housing free from discrimination based on current housing status, to report and appeal housing discrimination including decisions related to shelter access. The U.S. Department of Housing and Urban Development (HUD) has clarified that discrimination against individuals with no permanent address or those whose address is that of a shelter or social service provider may constitute violations of the Fair Housing Act. 

-Draft proposal, updated and accurate as of July 4, 2023

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