AB20 - Homelessness: People First Housing Act of 2025.

Amended IN Assembly March 24, 2025 CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION Assembly Bill No. 20 Introduced by Assembly Member DeMaio December 02, 2024 An act relating to homelessness. An act to amend Section 1954.09 of the Civil Code, to amend Section 65660 of the Government Code, to amend Section 50216 of, and to add Chapter 22.5 (commencing with Section 26280) to Division 20 of, the Health and Safety Code, and to amend Sections 5960.31, 8255, and 15771 of, to repeal and add Section 8256 of, and to amend the heading of Chapter 6.5 (commencing with Section 8255) of Division 8 of, the Welfare and Institutions Code, relating to homelessness. LEGISLATIVE COUNSEL'S DIGEST AB 20, as amended, DeMaio. Homelessness: Housing First. People First Housing Act of 2025. (1) Existing law prohibits various conduct within certain distances of specified locations including schools and hospitals. Existing federal law, as established in City of Grants Pass, Oregon v. Johnson, authorizes the enforcement of generally applicable laws that regulate camping on public property. This bill would prohibit a homeless encampment from operating within 500 feet of a sensitive community area, including, but not limited to, a school, open space, or transit stop. The bill would prohibit a person from camping, as defined, in any public space, including a sidewalk, if a homeless shelter bed is available in the city where the public space is located. Existing (2) Existing law defines Housing First as the evidence-based model that uses housing as a tool, rather than a reward, for recovery and that centers on providing or connecting homeless people to permanent housing as quickly as possible and specifies the core components of Housing First. Existing law establishes the California Interagency Council on Homelessness to oversee the implementation of Housing First guidelines and regulations, and, among other things, identify resources, benefits, and services that can be accessed to prevent and end homelessness in California. Existing law requires a state agency or department that funds, implements, or administers a state program that provides housing or housing-related services to people experiencing homelessness or who are at risk of homelessness to revise or adopt guidelines and regulations to include enumerated Housing First policies. This bill would state the intent of the Legislature to enact legislation to reduce homelessness by ending the Housing First model, as specified. delete the requirement that a state agency or department revise or adopt guidelines to include Housing First policies, as described above, and would repeal related provisions requiring adherence to Housing First, as specified. The bill would instead authorize a state program to review the suitability of an applicant based on their housing readiness, as defined, and impose program rules and requirements related to sobriety, substance abuse, completion of treatment, mental health, participation in services, and compliance with program rules. The bill would require an agency or department to allocate state program funding according to a specified priority and would require the agency or department to issue regulations to local agencies to prioritize use of funds for state programs that include drug testing, mandatory treatment, and work requirements for program participants. The bill would require a state program to include a work program that provides paid work opportunities from private or governmental entities or volunteer opportunities serving the community. The bill would also prohibit a motel that accepts homeless assistance from the California Work Opportunity and Responsibility to Kids program for 20% or more of rented rooms during the year from receiving payments unless the motel is approved by the city council of the city in which the motel is located. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO YES Local Program: NO Bill Text The people of the State of California do enact as follows: SECTION 1. This act shall be known, and may be cited, as the People First Housing Act of 2025. SEC. 2. Section 1954.09 of the Civil Code is amended to read: 1954.09. (a) Notwithstanding paragraph (1) of subdivision (b) of Section 1954.091, shelter program participants shall not have their continued occupancy in a motel, hotel, or shelter program constitute a new tenancy and shall not be considered persons who hire pursuant to Section 1940 for the purposes of Section 1161 of the Code of Civil Procedure, if the shelter program meets all of the following requirements: (1) The shelter program adheres to the core components of Housing First, pursuant to subdivision (b) of Section 8255 of the Welfare and Institutions Code. (2) (1) The shelter program establishes, adopts, and clearly documents rules governing how and for what reasons a shelter program participant’s enrollment may be terminated and the shelter program operator discloses the termination policy to program participants in writing, in plain language, at the commencement of their occupancy. (A) Permissible reasons for termination shall include sexual assault, verbally or physically threatening behaviors, which rise to the level of a “direct threat” to persons or property, as defined in paragraph (3) of subdivision (b) of Section 12179 of Title 2 of the Code of California Regulations, physical violence to staff, hotel guests, or other program participants, direct observation of participant engaging in illegal activity onsite, or time limits established by the shelter program. (B) Terminations for reasons not stated in subparagraph (A) and any operational policies negotiated prior to the commencement of the shelter program shall be approved by the shelter program administrator and shared with their shelter program participants in a clearly labeled document. (C) The shelter program administrator shall endeavor to ensure terminations are performed by the shelter program operator in a trauma-informed manner utilizing a harm-reduction approach, and shall ensure that the termination policies and procedures of the hotel, motel, and shelter program, including the required grievance procedure, comply with all applicable disability laws, including requirements for reasonable accommodation. (D) The shelter program operator is exempt from providing a 30-day notice pursuant to subparagraph (A) of paragraph (3) if the shelter program participant has self-exited from the program. (E) If a shelter program participant will exit from the program due to time limits and the participant’s stay is extended for a period of less than 30 days beyond the original termination date, the shelter program administrator or shelter program operator may issue an amended termination notice with an additional period of time equal to the number of days of the program extension. (3) (2) The shelter program administrator establishes procedures regarding how a shelter program participant will be provided a written termination notice if a termination occurs and the shelter program operator discloses those procedures to shelter program participants in writing at the commencement of their occupancy. (A) The shelter program operator shall provide the termination notice to the participant at least 30 days prior to the proposed termination or, if the underlying cause for a proposed termination constitutes a “direct threat,” as defined in paragraph (3) of subdivision (b) of Section 12179 of Title 2 of the Code of California Regulations, the shelter program operator may remove the participant from the premises immediately, provided that the operator advises the participant of their right to utilize the grievance process described in paragraph (5). (B) The termination notice shall contain a clear, plain-language statement of the reason for the termination, shall notify the participant of their right to request a reasonable accommodation if they are a qualified person with a disability, and shall notify the participant of their right to utilize the grievance process described in paragraph (5). (C) The established procedures developed regarding participant guideline violations shall include an escalation continuum that incorporates documented warnings and documented shelter program operator staff and participant problem solving methods prior to instituting terminations from the shelter program. (4) (3) The shelter program operator shall provide an exit plan upon termination of a shelter program participant that includes referrals to any available local shelter service for which the participant is eligible and the shelter program operator shall make a good faith, reasonable effort to facilitate an intake for that participant in an available bed or unit. (A) The shelter program operator shall document good faith, reasonable efforts and shall make that documentation available upon request. (B) The shelter program administrator, in cases where the grievance process is utilized, shall determine whether the shelter program operator’s efforts constitute a good faith effort to facilitate a participant into an alternative available shelter site or program. (C) (i) The shelter program administrator shall make good faith efforts to provide reasonable transportation accommodations upon termination of a shelter program participant from a program or upon transfer of a shelter program participant to an alternative available bed or unit. (ii) In exigent circumstances that necessitate the presence of first responders, police, or fire department and render it infeasible to provide a termination letter at that time or coordinate a postexit plan, the shelter program operator shall create a termination letter that satisfies the above-described requirements and make that documentation available to participants within 24 hours of their request. (5) (4) The shelter program administrator shall establish a grievance process that complies with due process and the shelter program operator shall disclose the grievance process to occupants in writing, in plain language, at the commencement of their occupancy. (A) The grievance process shall give shelter program participants a right to due process appeal through the shelter program administrator if the shelter program participant believes they were or are being wrongfully terminated from the program, and shall inform shelter program participants on how to access and initiate the grievance process. (B) (i) Program participants shall be provided the opportunity to initiate the grievance process 30 days prior to their proposed termination date or at any point thereafter. (ii) In cases where participants are subject to immediate removal based on circumstances that present a “direct threat,” as defined in paragraph (3) of subdivision (b) of Section 12179 of Title 2 of the Code of California Regulations, participants shall be provided the opportunity to initiate the grievance process at the time of removal or at any point thereafter. (C) If, following the grievance process, the proposed termination is not carried out, any participant already removed shall be granted the right to resume their participation in the program. If the shelter program operator is unable to place the individual in the original site, the shelter program operator shall facilitate a placement for the individual in an alternative available motel, hotel, or shelter site. (b) Where a shelter program administrator is also the shelter program operator, the shelter program administrator is responsible for all of the duties described in subdivision (a). (c) For properties that are being converted from use as a motel or hotel, or from use as a shelter, interim housing, emergency shelter, or other interim facility to a permanent housing site, paragraph (2) shall not apply to occupants of the site from the date that the site receives a certificate of occupancy as a permanent housing site. SEC. 3. Section 65660 of the Government Code is amended to read: 65660. For purposes of this article: (a) “Low Barrier Navigation Center” means a Housing First, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. A Low Barrier Navigation Center may be non-congregate and relocatable. “Low Barrier” means best practices to reduce barriers to entry, and may include, but is not limited to, the following: (1) The presence of partners if it is not a population-specific site, such as for survivors of domestic violence or sexual assault, women, or youth. (2) Pets. (3) The storage of possessions. (4) Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms. (b) “Use by right” has the meaning defined in subdivision (i) of Section 65583.2. Division 13 (commencing with Section 21000) of the Public Resources Code shall not apply to actions taken by a public agency to lease, convey, or encumber land owned by a public agency, or to facilitate the lease, conveyance, or encumbrance of land owned by a public agency, or to provide financial assistance to, or otherwise approve, a Low Barrier Navigation Center constructed or allowed by this section. SEC. 4. Chapter 22.5 (commencing with Section 26280) is added to Division 20 of the Health and Safety Code, to read: CHAPTER 22.5. Homeless Encampments 26280. For purposes of this chapter, the following definitions apply: (a) “Camp” means set up or remain any place where bedding, a sleeping bag, or other material is used for bedding purposes, or any stove or fire is placed for the purpose of maintaining a temporary place to live. (b) “Encampment” means a collection of items used for temporary habitation outdoors, including, but not limited to, a tent or structure with a roof or upper covering, or that is enclosed by sides that is of sufficient size for a person to fit underneath or inside while sitting or lying down. (c) “Open space” means any parcel or area of land or water which is substantially unimproved and devoted to an open-space use, as defined in Section 65560 of the Government Code. (d) “Sensitive community area” includes, but is not limited to, a school, open space, or transit stop. 26281. A homeless encampment shall not operate within 500 feet of a sensitive community area, including, but not limited to, a school, open space, or transit stop. 26282. A person shall not camp in any public space, including a sidewalk, if a homeless shelter bed is available in the city where the public space is located. SEC. 5. Section 50216 of the Health and Safety Code is amended to read: 50216. For purposes of this chapter: (a) “Agency” means the Business, Consumer Services and Housing Agency. (b) “Applicant” means a continuum of care, city, county, or tribe. (c) “City” means a city or city and county [Text truncated for display. Full text available on Congress.gov.]