SAN JOSE – The homeless in one California city will face arrest if they refuse housing according to a recent city council meeting held in the city of San Jose.
The members of the San Jose City Council voted 9-2 on June 10 to criminalize being homeless if they refuse three offers of shelter, in violation of trespassing laws.
San Jose Mayor Matt Mahan, introduced the proposal, which is among the stricter anti-encampment laws introduced since the Supreme Court in 2023 made it simpler for cities to ban homeless people from camping on public property. According to Mahan, the City has adequate shelter and interim housing that the homeless can move into.
“We cannot expect to adequately treat mental illness, addiction, or unemployment effectively if someone is living outdoors,” said Vice Mayor Pam Foley during the meeting. “Stable shelter, whether through interim housing, safe parking, or safe sleeping sites, not only connects people with critical services and job training, but ultimately paves the way toward permanent housing.”
“When shelter becomes available, choosing not to fill those spaces only sets us back,” she said. “We must ensure that every opportunity to move people indoors is used to its fullest potential for both their sake and for the broader San Jose community’s well being.”
The city will not make arrests merely for refusing shelter, but, rather, for trespassing. The goal of the code of conduct revision is to enhance engagement with the homeless community.
Watch the full city council meeting here.
