A homeless couple lives out of a tent at the Richmond Coliseum in July 2021 while waiting to be taken to a hotel in Sandston. Photo by: ALEXA WELCH EDLUND, TIMES-DISPATCH
Richmond Times Dispatch, July 28, 2024, by Brian Koziol and Kelly King Horne
Last month, the U.S. Supreme Court issued its decision for City of Grants Pass v. Johnson. That decision stated that regulations passed by state and local governments that penalize individuals for sleeping in public spaces do not constitute “cruel and unusual punishment” under the Eighth Amendment.
Specifically, state and local governments can now forcibly remove people experiencing homelessness from public areas even if there are not adequate shelter programs available in those communities. It does not take a constitutional scholar to see how this decision can set a dangerous precedent.
Homeless encampments are not a viable solution and are often unsafe for people who reside in them. When we talk with people sleeping outside, they share that if they could afford it, they would prefer housing. However, criminalizing homelessness rather than finding sustainable and supportive solutions is not the answer.
There are approximately 600,000 homeless citizens in the United States, according to federal data, and over 6,500 in Virginia. While we have made considerable progress over the years using evidence-based, housing-focused solutions to reduce homelessness in our state by 28% since 2010, there is still more to be done. Currently, homeless service providers in Virginia are serving more people than ever before, but the need for their services is unfortunately rising.
A troubling flaw with the Grants Pass decision is that it will potentially change our focus away from what has worked in our communities across the commonwealth. Localities may now be tempted to shift away from proven strategies that address homelessness to criminalizing sleeping outside.
Tickets, arrests or fines do nothing to address the underlying cause of homelessness, such as economic hardship and the lack of affordable housing. We have already seen this play out in places like Boise, Idaho, and Fort Collins, Colorado, where people experiencing homelessness are being fined or jailed for sleeping in public spaces. These individuals are among our country’s most vulnerable, so fining them or putting them in jail just creates a snowball effect that could harm that individual’s ability to find sustainable employment or housing.
In Virginia, we spend approximately $230 million a year on affordable housing and homelessness programs, which is only a fraction of the $1.5 billion we spend a year on our prison system. Despite the rising cost of housing in the commonwealth, our state’s total investment in homeless services has only increased by $675,000 in over a decade. When we invest more resources in helping people secure stable housing, that action has a greater positive impact on our society than putting people behind bars because they cannot afford housing. Localities should target incarceration as a response to activities that threaten public safety.
In light of the Grants Pass decision, we must collectively come together to ask our federal, state and local elected officials to invest more in affordable housing and homeless services. This includes universal rental assistance for the lowest-income households, public housing repair and preservation, expansion of the National Housing Trust Fund, eviction and homelessness prevention programs, and voluntary supportive and emergency services.
At the state level, the governor and members of the Virginia General Assembly must increase the budget for affordable housing and homelessness programs during the 2025 session.
We all feel the squeeze of higher housing prices. It’s particularly challenging for low-wage workers and people with disabilities. For every $100 increase in rent, there is an average 9% increase in homelessness. In total, housing priorities received $27.45 million and $17.325 million in additional funding in fiscal years 2025 and 2026, respectively. If we tripled these investments over the course of the next several years, we could reduce the affordable housing crisis and cut the number of those experiencing homelessness in Virginia by half.
Investments in affordable housing would help parents raise their families, help students perform better in school, help increase our region’s workforce, and help people with disabilities get the care they need.
Finally, we need to call on our local governments to do their part to humanely respond to individuals experiencing homelessness in their jurisdictions by partnering with local homeless service providers. We need local governments to increase investments in homeless services programs that have a proven track record of getting people off the street and on a pathway to permanent homes. We also need localities to streamline permitting, cut fees, change their zoning to accommodate a wider variety of housing types, and figure out other ways to incentivize affordable housing options.
The recent decision by Henrico County to establish a $60 million affordable housing trust fund is an excellent example of how localities can lead the way in dedicating financial resources and reduce regulatory burdens for those looking to create more housing options for citizens. This is a model that can be replicated across the state.
Affordable housing and homelessness are complex and difficult issues, but they are solvable. Incarcerating our most vulnerable neighbors is just going to make it worse.