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Property - Homeless Bill of Rights

This bill requires government agencies to provide a 20-day written notice before removing homeless encampments, with some safety exceptions.

Introduced56 Yea13 Nay6 Not voting
Population
Affected
15
Introduced Feb 27, 2026Committee House Municipal Government & Housing

Plain-English Summary

This bill amends the state's Homeless Bill of Rights to require government agencies to provide at least 20 days' written notice before forcibly removing homeless encampments on public property. The notice must be posted directly on the encampment and shared with the state's housing office. However, the 20-day notice is not required if the encampment poses an immediate public safety or health risk, is located in an active construction zone, or interferes with scheduled infrastructure work or environmental hazards. Moving the encampment to a nearby spot on the same or adjacent lot does not require a new notice.

For younger readers

Sometimes people who do not have homes set up tents or temporary shelters outside, which is called an encampment. This bill says that before the government can force people to leave an encampment on public land, they usually have to give the people a written warning 20 days ahead of time. The government also has to tell the state's housing office. But, if the camp is in a dangerous place, like a construction zone or an area with health risks, the government can remove it right away without waiting 20 days.

Who & Where It Applies

Impacted groups
Homeless individualsState housing agenciesMunicipal governmentsLaw enforcement officersSocial workers
Impacted communities
All

Constitutional & Fiscal Check

None Likely. The bill regulates the government's own procedures for removing encampments on public property and provides additional due process protections (notice) before removal. It does not appear to infringe on free speech, due process, or protection from unreasonable searches and seizures; rather, it formalizes a process to better protect the personal property of unhoused individuals.

Estimated cost
Amount unknown
Estimated revenue
None

Bill Analysis

Both viewpoints
For Progressives
  • Establishes a mandatory 20-day notice period before forcibly removing homeless encampments, providing vulnerable individuals time to find alternative shelter or connect with social services.
  • Requires notices to be shared with the Executive Office of Housing and Regional Access Points, facilitating outreach and increasing the likelihood that displaced individuals receive housing assistance.
  • Formalizes protections for the unhoused within the state's Homeless Bill of Rights, recognizing the dignity of individuals living in encampments by preventing sudden, unannounced evictions in most circumstances.
  • Includes several broad exceptions (such as "health concerns" or "infrastructure repairs") that could be exploited by authorities to bypass the 20-day notice and immediately evict unhoused individuals.
  • Does not provide a mandate or funding for alternative housing or shelter placements once the 20-day notice period expires, ultimately still resulting in the displacement of vulnerable people.
  • Prevents the 20-day notice period from resetting if occupants move to a contiguous lot, which could lead to swift evictions for people who simply shifted their tents slightly to comply or find safety.
For Conservatives
  • Ensures that encampments can be immediately cleared without a 20-day notice if they pose a public safety or health concern, prioritizing the safety and order of the broader community.
  • Protects public infrastructure and economic activity by allowing immediate removal of encampments that interfere with active construction sites or scheduled maintenance.
  • Prevents individuals from gaming the system by stipulating that moving an encampment to a contiguous lot does not reset the 20-day notice requirement, ensuring evictions can proceed efficiently.
  • Creates a burdensome 20-day waiting period for municipalities trying to clear public spaces of illegal encampments, potentially prolonging public nuisances.
  • Expands the "Homeless Bill of Rights," which conservatives may view as creating special privileges for individuals unlawfully occupying public property rather than enforcing existing trespassing laws.
  • Requires additional bureaucratic steps, such as notifying the Executive Office of Housing and Regional Access Points, which increases the administrative burden and costs for local law enforcement or removing agencies.

Votes

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Full Bill Text

2 versions
Changes to existing Rhode Island law · 20 additions

SECTION 1. Chapter 34-37.1 of the General Laws entitled "Homeless Bill of Rights" is hereby amended by adding thereto the following section: 34-37.1-7. Encampments.

(a) Prior to the forcible removal of encampments on public property, the removing agency shall provide at least twenty (20) days written notice to the occupants stating the timeframe to vacate the encampment, which shall be done by the posting of the notice on the encampment itself, and shall provide a copy of such notice to the executive office of housing ("EOH") and the Regional Access Points identified and listed by the EOH, unless:

(1) Such encampments are located within a state or federal right of way and there is an immediate public safety need for the removal of the encampment; or

(2) Such encampments are located in or directly adjacent to an active construction site; or

(3) The encampment interferes with scheduled public infrastructure repairs, maintenance or inspections; or

(4) The encampment is on or near an area which has environmental hazards; or

(5) There is otherwise an immediate and documented public safety or health concern regarding the location of the encampment.

(b) An encampment is defined as a temporary shelter erected outdoors in public spaces not meant for human habitation which may be inhabited by an individual or individuals, and such term refers to both individuals and their respective personal belongings.

(c) The movement of an encampment by the occupants to another area on the same lot, or a contiguous lot after a written notice is given to that same encampment in subsection (a) of this section shall not require a new notice or new notice period prior to removal.

SECTION 2. This act shall take effect on October 1, 2026.