Extracted text (via pymupdf)
10516 characters
Homelessness, the Grants Pass Decision, and Proposition 312 City Council Work Session January 23, 2025 Homelessness in Maricopa County Source: Maricopa Regional Homeless Management Information System (HMIS) • There are more people entering homelessness than leaving homelessness. • From October 2023 – September 2024, there were 19 new people experiencing homelessness for every 10 people finding housing. • There is still a significant number of new people entering homelessness each month. • In September 2024, 933 households experienced homelessness for the first time, averaging 948 households per month over the last year. • Over the past year, 31,201 unique people have been served through street outreach, emergency shelter, and transitional housing. • Maricopa County Point In Time count taking place on January 28th. Homelessness in Maricopa County • Breakdown of people experiencing homelessness (HMIS) • 2024 highest number of evictions in history (Maricopa County Justice Courts) Rank Year Evictions 1 2024 87,197 2 2005 83,687 3 2023 83,172 4 2006 82,472 5 2007 81,484 Homelessness in Chandler 310 296 300 353 291 326 288 301 310 344 372 297 0 50 100 150 200 250 300 350 400 Oct-23 Nov-23 Dec-23 Jan-24 Feb-24 Mar-24 Apr-24 May-24 Jun-24 Jul-24 Aug-24 Sep-24 • Served 906 unduplicated persons, including 248 persons in 65 families (23%) in a one-year period between October 2023 and September 2024. (HMIS) • Of the 9 encampments identified in the last one-year period, three were on commercial property, 4 were on Railroad property and 2 were on city property not for public use. Regional Collaboration • Participation in Regional Planning and Coordination • Continuum of Care Local Jurisdiction Collaborative (committee member) • Continuum of Care Lived Experience Collaborative (committee member) • Participation in Regional Activities • Coordinated Entry Access Point • Point-In-Time Count • Heat Relief Network • Participate in Statewide Evaluation Project of ADOH Flexible Funds Affordable Housing • New Construction of 407 affordable units • 135 for current families • 239 for new families • 135 additional units of public housing • 11 affordable scattered site units • 495 Housing Choice Vouchers • 10 VASH Vouchers Continuum of Homeless Services in Chandler Outreach and Engagement Temporary Accommodations Transitional Housing Permanent Housing Vouchers (EHV, VASH, HCV) Public Housing Affordable Housing Shared Housing Chandler Connect Heat Relief Operation Blue Ride Crisis Response ChangeUp Campaign Operation Open Door IHELP DV Shelter Tenant Based Rental Assistance (TBRA) Rapid Rehousing (RRH) Sober Living Navigation and Crisis Services Intensive Case Management and Housing Stability Services Wrap Around Services and Community Integration Community Navigation Team • 7 days/week, 13.5 hours/day • Outreach and Engagement (Chandler Connect) • Non-Congregate Shelter (Operation Open Door) • Support Court • Connections to Services and Housing • Sober Living • Professional Credentials Housing Stability Team • Landlord Recruitment and Engagement • Housing Search and Selection • Move-In Assistance • Furniture and Move-In Supplies • Moving Services • Housing Stability Case Management • Community Integration • Follow-Up Care Chandler Connect: FY 2023-2024 60, 10% 127, 21% 44, 7% 296, 48% 88, 14% 86% Housing Outcomes Diverted Institutional Setting Permanent Housing Shelter Other *199 households enrolled at year end **Other includes returned to street, unknown reason for exit, and death • Served 621 households, including 782 persons • 35% chronically homeless • 10% in the program over 365 days o 1 contact – 41% o 2-9 contacts – 57% o 10+ contacts – 2% Age Group Percentage Children under 17 14% Youth 18-24 7% Young Adult 24-34 16% Adult 35-54 42% Older Adult 55-61 10% Elderly 62+ 10% Operation Open Door: FY 2023-2024 59, 20% 171, 57% 54, 18% 8, 3% 6, 2% Housing Outcomes Diverted Permanent Housing Shelter Institutional Settings Other • Served 171 households, including 356 person • 98% positive outcomes 151, 42% 32, 9% 38, 11% 90, 25% 23, 7% 22, 6% Age Children 17 and Under Youth 18-24 Young Adult 25-34 Adult 35-54 Older Adult 55-61 Elderly 62+ Change-Up Campaign • Public awareness and fundraising Campaign • Reduces panhandling and foot traffic • Encourages use of services • Supports Chandler Homeless Programs • Receive average $8,500/year • ($53,000 since program began) • Collaboration with regional Smart Giving Campaign, increased local education Case Law Update • 2018 & 2019, Martin v. City of Boise – Unanimous decision finding that Boise’s prohibition against sleeping in public violates the Eighth Amendment’s prohibition on cruel and unusual punishment when there is no access to alternative shelter. Subsequent 9th Circuit cases confirm and even expand on this ruling. • Practical Application: • Homeless individuals > shelter beds = no enforcement • Individualized review for “practical” availability • Significant impediment to enforcement • 2024, City of Grants Pass v. Johnson – Eighth Amendment prohibition against cruel and unusual punishment does not prohibit enforcement of generally applicable laws regulating camping on public property. Arizona Proposition 312 • Ballot measure approved in November 2024, codified in A.R.S. § 42-17451, effective January 1, 2025 – December 31, 2035. • Allows a property owner to seek reimbursement of city property taxes in the amount of documented, reasonable expenses incurred to mitigate the effects of a city: • adopting and following a policy, pattern or practice declining to enforce existing laws prohibiting illegal camping, obstructing a public thoroughfare, loitering, panhandling, urinating or defecating in public, consuming alcoholic beverages in public, or possessing or using illegal substances; or • maintaining a public nuisance. • Potential litigation. Enforcement will be key. Existing Ordinances/Tools in Chandler • Parks – Chapter 31 • Park hours are 6:00 a.m. to 10:30 p.m. • Camping or overnight parking is allowed by permit only • Public Right-of-Way – Chapter 46 • May not obstruct a public place, highway, street, sidewalk, alley or other public right-of-way without a permit • Miscellaneous Offenses – Chapter 11 • Obstructing police officers; defacing public or private property, dumping; urinating or defecating on sidewalks or public places or parks • Trespass – A.R.S. §§ 13-1502-1504 • Currently no urban camping or transit ordinance in Chandler City Code What Are Other Cities Doing? Cities with an Urban Camping Ordinance/Ban Cities with a Transit Ordinance Avondale (obstruction of streets or sidewalks) Gilbert (2014) Glendale (proposed Jan 2025) Goodyear (Nov 2024) Mesa (Dec 2024) Phoenix (revised Oct 2024) Peoria (general camping regs, 2005-06 era) Scottsdale (revised Aug 2024) Surprise (revised Nov 2024) Tempe (strict enforcement of 2018 ban) Mesa (one hour time limit) Phoenix (one hour time limit) Tempe (one hour time limit) Peoria (within misc. provisions) Gilbert (one hour time limit) Opportunities and Considerations • Transit Facilities: bus stops, transit stations and parking lots • Camping: citywide, not just parks (i.e., urban camping) • Special Considerations: • Removal or destruction of personal belongings is subject to 4th Amendment Search and Seizure protections • Continue to take a housing/services first approach to homelessness Transit Trends • Began tracking issues in May 2024 • Weekly damages = $335, total to date = $8,030 • Approximately 3 shelters per week need extensive clean- up/repair • Majority of camping at less than 20% shelters • 8 of 86 reported incidents involved camping Impact of Camping at Bus Shelters Damage: • Bodily fluids/chemical spills • Graffiti • Broken/damaged plexiglass • Missing back panels Usage and Operations: • Personal belongings/gear hinder normal use of facility • Added complexity for routine cleaning • More common outside of 8 a.m. – 5 p.m. hours Impact of Camping at Park and Ride • Use of the building and facilities as shelter • Bus Operator and Passenger Safety/ Comfort • Access to Seating/ Boarding Areas • Overnight and RV Parking • Vehicle repair • Time Limitation ➢One hour maximum time limit at transit stops • Late Night Operation ➢Transit stops are closed when bus service is not in operation • Personal Property ➢Property left at transit facilities would be considered abandoned • Overnight Parking ➢Prohibited at Park and Ride facilities Proposed Transit Ordinance • Penalties • Isolated Incident = Civil Infraction • Habitual Offenders = Class 1 Misdemeanor Proposed Transit Ordinance - Enforcement • Add to Chapter 11 of Chandler City Code (Misc. Offenses) • Define “Urban Camping” • Prohibit urban camping as follows: • On public property (as defined), except as expressly permitted • At City buildings, facilities, parking lots or structures • Within 500 feet of the boundary of a school, childcare facility, shelter, or City park • Exceptions: • Permission from the City, emergencies, or disaster/emergency relief camps Proposed Urban Camping Ordinance • Class 1 misdemeanor • Warning issued prior to citation • Offender can accept social services in lieu of citation with agreement of Police Department • May include community restitution, education or treatment Proposed Camping Ordinance Penalties Enforcement Considerations • Property – subject to 4th Amendment protections against unreasonable search and seizure • Case law in multiple circuit courts is consistent on basic protections • If City removes property (i.e., cleans up camps or removes individuals), City may have to provide notice to owner and must determine if the items left behind are trash or property • Property must be stored so that owners have a reasonable opportunity to retrieve Next Steps • Continue to take a “services/housing first” approach to homelessness • Ensure continued operational and fiscal viability of homelessness and housing services • Assess budget considerations related to enforcement • Prepare draft urban camping and transit ordinance(s) and solicit targeted public comment – Underway • Return to City Council for consideration and action on final proposed ordinance(s) • March 27, 2025, Council Meeting • Educate community (e.g., signage) on new laws and provide appropriate training to staff on new policies and procedures • Effective date of July 1, 2025 Thank You