In a move to address the ongoing homelessness crisis, California Governor Gavin Newsom issued an executive order on Thursday, setting clear guidelines for the removal of homeless encampments by state agencies and departments.
The order also encourages local governments to adopt similar policies.
The executive order mandates state agencies under Newsom’s authority to address homeless encampments on state property, establishing five explicit policies for their removal:
- Site Assessments: Determine whether a camp poses a danger to public health and warrants immediate removal.
- Reasonable Advance Notice: Provide advance notice to vacate where exigent circumstances warrant immediate removal.
- Standard 48-Hour Notice: Issue a standard 48-hour notice before removal actions.
- Communication with Service Providers**: Coordinate with service providers for outreach to individuals experiencing homelessness.
- Storage of Personal Property: Store personal property of homeless individuals for 60 days at the removal site.
Governor Newsom’s directive also urges local governments to utilize all available resources and infrastructure, including those provided by the state’s substantial investments in housing and intervention programs, to humanely remove encampments from public spaces.
The California Interagency Council on Homelessness is tasked with developing guidance and technical assistance for local governments adopting these policies.
The order extends to state agencies and departments under the executive branch, affecting lands controlled by the Department of Transportation, Parks and Recreation, and Fish and Wildlife. It is not binding on cities and local governments but serves as a model for local jurisdictions.
This action follows the US Supreme Court’s recent decision in City of Grants Pass, Oregon v. Johnson, which allowed governments to enforce bans on homeless encampments even when shelter space is unavailable. The court ruled that such bans do not violate the Eighth Amendment’s prohibition against “cruel and unusual” punishment.
Governor Newsom’s office released a statement highlighting the executive order’s policies, modeled after Caltrans’s efforts in clearing homeless encampments along state right of ways.
The statement stressed state Proposition 1 funding to expand behavioral health services and unprecedented investments to support communities:
“This executive order directs state agencies to move urgently to address dangerous encampments while supporting and assisting the individuals living in them – and provides guidance for cities and counties to do the same. The state has been hard at work to address this crisis on our streets. There are simply no more excuses. It is time for everyone to do their part.”
However, the ACLU has condemned the order, accusing the governor of displaying a “disregard for human dignity” and calling the measure a superficial fix to a systemic problem driven by skyrocketing housing costs.
As of 2023, it is estimated that over 180,000 people experience homelessness in California.
According to a University of California study, the state’s homeless population constitutes nearly a third of the nation’s homeless, despite California making up just 12 percent of the US population.
