尝础贵尝础’蝉 LEIF?Program?engages and empowers law students who are historically underrepresented in public interest law. This cohort of summer law clerks participates in unique events and programs where they gain hands-on experience helping LAFLA clients, and complete a research project on a special area.
Aisha Khawaja chose to spend her summer fighting for the rights of people who are unhoused with 尝础贵尝础’蝉 Unhoused People’s Justice Project, which specializes in impact litigation and policy advocacy. She said, “My fellowship was a great experience, and I appreciate how supportive and resourceful the team was. My experience with LAFLA reminded me why I wanted to pursue law in the first place—working directly with communities in need.”
Aisha’s research project unpacked the impacts of what experts call “the criminalization of homelessness”—when cities and states enact policies to arrest, fine, or punish people for the ways they try to survive on the streets. She expertly debunked harmful myths about homelessness, explored alternative solutions that tackle the root of the issue, and offered some professional advice for those hoping to get involved. Check it out below!
The Criminalization of Homelessness
Aisha Khawaja, 91重口, Summer 2024
On April 22nd, 2024, the Supreme Court of the United States heard the case of Johnson v. Grants Pass, which argued that the city’s ordinances against public camping were a violation of the Eighth Amendment. On June 28th, the Supreme Court then announced its decision, holding that the enforcement of laws regulating camping on public property did not constitute “cruel and unusual punishment” prohibited by the Eighth Amendment. Homelessness is an issue that is not only prevalent in California, but across the states. As the cost of living steadily increases, many individuals struggle to both pay rent and afford basic living necessities on the current minimum wage. Yet when the topic of homelessness arises, many have a negative notion that unhoused individuals are solely to blame for their living situation. In addressing the common misconceptions, this paper will discuss the root causes of homelessness, criminalization, and solutions to permanently removing people from homelessness.
Homelessness: What Is It?
Homelessness is a term that most are familiar with but is defined in different ways. Commonly, homeless individuals are those that “lack a fixed, regular and adequate nighttime residence.” The Homeless Assessment Report from the U.S. Department of Housing and Urban Development found that 653,100 individuals were facing homelessness in 2023, with 60% staying in sheltered locations and 40% unsheltered in places that are not meant for human habitation. Looking at Los Angeles County specifically, the Los Angeles Homeless Services Authority 2024 Homeless Count found that 75,312 people are facing homelessness, with a total of 45,252 people from the City of Los Angeles alone.?
Today, most unhoused individuals are facing homelessness because of the high housing cost burdens, in addition to unsustainable wages. For example, to afford a studio apartment in Los Angeles, while earning a minimum wage of $17.28 an hour, an individual would need to work 66 hours a week; to afford a one bedroom, one would need to work 89 hours a week. Furthermore, individuals that are facing health issues are more at risk of falling into homelessness as the costs of health care can add an additional burden to their ability to pay rent. Lastly, individuals from marginalized communities, including victims of domestic violence, are often forced into homelessness due to lack of access to resources and fleeing emergency situations.
From common misconceptions to biases in the media, there are many myths regarding people who are unhoused that much of the common public fall susceptible to. At the surface level, many people believe that unhoused individuals are unhoused by choice and refuse the help they are offered, but often, when people do refuse shelter offered to them, the poor conditions of shelters are to blame. Many individuals are often forced to avoid shelters due to poor sanitary conditions, crime, strict policies, and sobriety requirements. Shelters often do not allow partners to stay together and require unhoused individuals to attend religious meetings to maintain shelter. Additionally, unhoused individuals staying in shelters fall victim to gender-based violence and discrimination based on their sexual orientation as well. People often overlook the fact that many of the unhoused population are homeless because they lack better options. Another misconception is that all homeless people are dangerous, drug users and suffering from mental health issues. Only a minority suffer from mental health issues, and only 30% report substance use disorders.
Solutions
It is evident that with the number of challenges unhoused individuals face, the best way to address these issues is to start with permanent housing. Many shelter and housing support programs often combine mental health treatment or requirements regarding drug use as prerequisites to finding permanent housing. But for community partners doing the work, the Housing First Initiative is arguably the best solution to ending homelessness. Housing First is a “homeless assistance approach that prioritizes providing permanent housing to people experiencing homelessness, thus ending their homelessness and serving as a platform for which they can pursue their personal goals and improve their quality of life.” The core belief behind this approach emphasizes that for individuals to pursue goals such as obtaining a job or attending substance use issues, they must first have basic necessities like food and a secure place to live. Elements include varying rental assistance and access to voluntary services to promote housing stability and well-being.?
Advice to Lawyers in the Non-Profit Realm
Regardless of one’s level of non-profit work, it is crucial to understand homelessness from a lens of compassion. Biases against the unhoused community are widespread and easy to carry on, but these misconceptions are what lead to criminalization rather than support and solutions. To properly support these communities, it is essential that community partners take the time to educate themselves and understand the true cause of homelessness, which is a lack of affordable and permanent housing. By taking these steps to educate oneself, community partners can then provide informed support to both dispel misconceptions about homelessness, while also advocating for better solutions. To effectively combat homelessness, the focus must shift from prioritizing encampment clean-ups and criminalization, to creating affordable housing for all.?
