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H 7286Housing

Property - Homeless Bill of Rights

This bill protects privacy in tents, mandates bathroom access, and requires sixty days' notice before clearing homeless encampments.

Introduced
Population
Affected
15
Email Legislator
Introduced Jan 23, 2026Committee House Judiciary

Plain-English Summary

This legislation amends the Rhode Island Homeless Bill of Rights to expand protections for individuals experiencing homelessness. It explicitly grants the right to access trash receptacles and toilet facilities. The bill establishes that temporary housing, such as tents, carries the same reasonable expectation of privacy as a permanent residence, protecting them from unreasonable searches. Additionally, it mandates that authorities provide sixty days' written notice and offer reasonable relocation alternatives before clearing encampments on public property. It also introduces a $2,500 fine for intentional violations and allows advocacy organizations to file lawsuits to enforce these rights.

For younger readers

This new rule helps people who do not have a house to live in. It says that if someone lives in a tent, it should be treated like their private bedroom, and police cannot just walk in without a good reason. It also says these people must be allowed to use bathrooms and trash cans. If the city wants to move a group of people living outside, they must give them sixty days of warning and help them find a new place to stay. If someone breaks these rules on purpose, they have to pay a fine.

Who & Where It Applies

Impacted groups
Homeless individualsPolice departmentsPublic works departmentsHousing advocacy organizationsMunicipal governments
Impacted communities
All

Constitutional & Fiscal Check

The bill expands Fourth Amendment-style protections to tents on public land. While expanding rights is generally constitutional, the mandate to provide "reasonable alternatives" before clearing encampments is vague and may invite litigation regarding due process and the definition of "reasonable." There is a potential conflict between the state's police powers to maintain public safety/sanitation and the newly granted property rights in temporary shelters on public land.

Estimated cost
Amount unknown
Estimated revenue
Amount unknown

Bill Analysis

Both viewpoints
For Progressives
  • Significantly expands civil liberties by legally recognizing tents as private residences, thereby protecting unhoused individuals from unreasonable searches and seizures by law enforcement.
  • Establishes strong procedural due process by requiring a sixty-day notice and the provision of reasonable housing alternatives before any encampment can be cleared, preventing immediate displacement.
  • Empowers advocacy organizations to sue on behalf of the homeless and directs fines from violations into housing stabilization services, ensuring accountability and funding for support systems.
  • While it provides procedural protections, the bill does not guarantee permanent housing, potentially leaving individuals in a cycle of temporary relocation rather than solving the root cause of homelessness.
  • The term "reasonable alternatives" for relocation is vague and could be interpreted loosely by authorities to offer inadequate shelter options that do not meet the dignity or safety needs of individuals.
  • Reliance on civil lawsuits for enforcement places a burden on non-profits and marginalized individuals to police state agencies, rather than establishing a proactive, state-led oversight commission.
For Conservatives
  • Mandates access to trash receptacles and toilet facilities, which could address public health concerns and improve sanitation in areas surrounding encampments.
  • Requires police and public works departments to adopt written policies, creating clear, codified guidelines for officers to follow, which may reduce ambiguity during enforcement actions.
  • Establishes a structured, legal framework for clearing encampments, potentially reducing chaotic ad-hoc removals and ensuring the state follows a documented process.
  • Severely restricts law enforcement by granting tents on public property the same privacy protections as private homes, effectively privatizing public spaces and hindering police investigations.
  • Imposes a mandatory sixty-day waiting period before clearing encampments, which allows illegal settlements to persist on public land for months, potentially negatively impacting local communities and businesses.
  • Creates significant financial liability for municipalities by allowing third-party organizations to sue and imposing fines, likely leading to expensive litigation funded by taxpayers.

Votes

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Full Bill Text

Changes to existing Rhode Island law · 38 additions · 4 deletions

SECTION 1. Sections 34-37.1-3 and 34-37.1-4 of the General Laws in Chapter 34-37.1 entitled "Homeless Bill of Rights" are hereby amended to read as follows: 34-37.1-3. Bill of Rights. No person’s rights, privileges, or access to public services may be denied or abridged solely because he or she is homeless. Such a person shall be granted the same rights and privileges as any other resident of this state. A person experiencing homelessness:

(1) Has the right to use and move freely in public spaces, including, but not limited to, public sidewalks, public parks, public transportation and public buildings, in the same manner as any other person, and without discrimination on the basis of his or her housing status;

(2) Has the right to equal treatment by all state and municipal agencies, without discrimination on the basis of housing status;

(3) Has the right not to face discrimination while seeking or maintaining employment due to his or her lack of permanent mailing address, or his or her mailing address being that of a shelter or social service provider;

(4) Has the right to emergency medical care free from discrimination based on his or her housing status;

(5) Has the right to access trash receptacles and toilet facilities (portable or permanent) in order that they can live in clean and sanitary conditions; (5)(6) Has the right to vote, register to vote, and receive documentation necessary to prove identity for voting without discrimination due to his or her housing status; (6)(7) Has the right to protection from disclosure of his or her records and information provided to homeless shelters and service providers to state, municipal and private entities without appropriate legal authority; and the right to confidentiality of personal records and information in accordance with all limitations on disclosure established by the Federal Homeless Management Information Systems, the Federal Health Insurance Portability and Accountability Act, and the Federal Violence Against Women Act; and (7)(8) Has the right to a reasonable expectation of privacy in his or her personal property to the same extent as personal property in a permanent residence, and the same right to privacy in his or her temporary housing, including tents, as a permanent residence. 34-37.1-4. Damages and attorney’s fees Damages, attorneys' fees and fines.

(a) An aggrieved individual or any organization that is chartered for the purpose of safeguarding individual civil liberties or combatting homelessness shall have the right to bring a civil action in the superior court to enforce the provisions of this chapter.

(b) In any civil action alleging a violation of this chapter, the court may award appropriate injunctive and declaratory relief, actual damages, and reasonable attorney’s fees and costs to a prevailing plaintiff.

(c) Any person intentionally violating any right recognized in this chapter may be fined two thousand five hundred dollars ($2,500) per violation.

(d) All fines collected shall be received by the Rhode Island department of housing and utilized for housing stabilization services or to address other issues related to homelessness.

SECTION 3. Chapter 34-37.1 of the General Laws entitled "Homeless Bill of Rights" is hereby amended by adding thereto the following sections: 34-37.1-7. Written policies required.

(a) All police and public works departments shall adopt written policies and procedures necessary to ensure that their respective departments fully comply with all requirements of this chapter and make them publicly available.

(b) Every police department policy, established pursuant to the provisions of this section, shall recognize the reasonable expectation of privacy that a homeless person has in their tent. Pursuant to the policy, no tent occupied by a homeless person shall be subject to an unreasonable search. 34-37.1-8. Encampments.

(a) Prior to any enforcement action to relocate or vacate persons occupying an encampment located on public property, at least sixty (60) days' notice to vacate shall be provided to persons staying in the encampment. The notice shall be in writing, state the basis and authority for the action, and apprise individuals how they may retrieve their personal property left at the encampment, in accordance with subsection (c) of this section.

(b) Reasonable alternatives for relocation shall be made available to all person occupying the encampment in collaboration with outreach workers, prior to any enforcement action conducted, pursuant to the provisions of subsection (a) of this section.

(c) Except to address health or safety hazards, any personal property found onsite shall be maintained by the enforcement agency for at least thirty (30) days after the enforcement action has been completed.

SECTION 4. This act shall take effect upon passage.