Why Americans are moving in with strangers twice their age

Originally published in Vox on February 24, 2025.
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Denise Poirier was facing a pivotal moment. After teaching in Maine public schools for more than three decades, she was preparing to leave her career for what would likely be a lower-paying job, while also navigating other major changes: adjusting to life after the end of a 28-year marriage, downsizing from a house to a condo, and her third son moving out.

One afternoon, as Poirier listened to local news, she learned about Nesterly, an online platform matching older homeowners with younger renters seeking affordable housing. The company had just launched a statewide partnership and pitched a simple concept: In exchange for below-market rent, some tenants could help with light chores around the house.

“I’m a natural worrier about money; I just am that type of person,” Poirier told Vox. “With my youngest son moving out, I thought, ‘Hm, I have a little extra room.’ I’ve always liked young people — I taught high school and underresourced youth — and I thought maybe this could be a good way to supplement my income.”

Soon, she matched with Joseph Anzalone, a 20-year-old student at Southern Maine Community College who also juggled a full-time job at the Hyatt hotel in Portland. Poirier wasn’t looking for help with mowing or shoveling, just someone to keep their space clean and handle their own dishes. Anzalone was drawn to the idea of a quieter, off-campus space that, at $850 a month, cost hundreds less than a typical apartment in the area.

After signing a Nesterly agreement, which is like a rental lease but also includes expectations around shared spaces, quiet hours, guests, chores, and smoking, he moved in last August. “We got pretty close,” Anzalone told Vox. “We had fun watching the presidential debate, played debate bingo, and since my family lives in Florida, she invited me to Thanksgiving with hers.”

Poirier and Anzalone’s arrangement highlights a trend emerging across the country, one that harnesses changing demographics and an acute housing shortage. When Noelle Marcus, who would go on to found Nesterly, was studying urban planning at MIT, one statistic caught her attention: 54 million spare bedrooms sat empty each night in American homes. “And that’s using a very conservative methodology, only counting occupied housing units,” said Marcus. “That’s a lot of real estate.”

According to ApartmentList, about 60 percent of homes in the US now have at least one spare bedroom. The opportunity is particularly notable among “empty nest households” — Zillow reports roughly 21 million such homes where older residents living with no children have at least two extra bedrooms. And with baby boomers retiring and birth rates declining, census data projects that by 2030, adults over 65 will outnumber children under 18 for the first time in US history.

With a nationwide housing shortage and developers having largely abandoned building new entry-level homes, the idea of “unlocking” millions of unused bedrooms — through intergenerational home-sharing — is gaining traction. Between 2017 and 2022, the number of families sharing living spaces with non-relatives increased by more than 500,000, suggesting growing acceptance of the practice.

Melanie Lambrick for Vox

But the benefits can extend beyond just aiding young renters or seniors on fixed incomes: Advocates see intergenerational living as a powerful tool against social isolation. Studies examining the outcomes of such households are limited, but existing research finds that seniors often report feeling more connected and in better health than those living alone. For younger residents, particularly students from disadvantaged backgrounds, research suggests that their academic performance improves when living in mixed-age communities.

“I’ve seen situations where an 18-year-old kid is good friends with the 73-year-old retired Marine Corps sergeant, and you never would have predicted that but they’ve lived together for five to six years,” said Atticus LeBlanc, the CEO of Padsplit, another company founded to facilitate home-sharing arrangements.

Many home-sharing programs now actively encourage these cross-generational connections. “It’s really a win-win for everyone,” said Marci Alboher, a leader with CoGenerate, a nonprofit focused on bridging age differences. “It’s not just one generation showing up to serve and rescue another.”

Reviving an older idea

While multigenerational living among relatives has long offered a way for families to share resources and manage caregiving, intentional home-sharing between unrelated people traces its modern American roots to Philadelphia in the early 1970s.

That’s when Maggie Kuhn, forced to retire at age 65 from a job she loved at the Presbyterian Church, founded the Gray Panthers. The organization advocated for Social Security, Medicare, and against workplace age discrimination, and grew into a movement with 100,000 members across 30 states within its first decade.

As part of this work, Kuhn opened her Philadelphia home to “panther cubs” (younger activists), an experience that led her to establish the National Shared Housing Resource Center in 1980. That organization would go on to help establish hundreds of home-sharing programs across the US, fielding thousands of inquiries annually by the late 1980s. Kuhn viewed home-sharing as both a form of affordable housing and a way to combat social isolation.

Kuhn’s ideas about intergenerational housing have found new urgency in West Philadelphia. The city’s historically Black neighborhood of Mantua is seeing more longtime residents pushed out as Drexel University expands nearby. Over the past decade, the area’s white population has increased by 73 percent, while rents have risen by 44 percent. Most concerning, there’s been a startling 454 percent increase in the number of households that spend more than half their incomes on rent.

In response, leaders, through the Mantua Civic Association, are partnering with Drexel to match students with older residents in the area. Again, the goal is twofold: helping longtime residents maintain or achieve homeownership while providing more affordable rental options for students.

This vision gained traction in 2021 when leaders received state and philanthropic funding to help existing Mantua residents make repairs on their duplexes so homeowners could start home-sharing. Now, leaders are partnering with a local developer to build a $60 million mixed-use project that will include 18 duplexes and triplexes specifically meant for intergenerational home-sharing. Older Mantua residents will buy the properties, and rent out some units to help cover their mortgages.

These home-sharing programs will recruit renters from Drexel’s longstanding community-based writing workshop, a free arts program for students and local Philadelphians. Leaders plan to incorporate journaling and storytelling sessions into their home-sharing model — called Second Story Collective — and already have their sights on expanding to university-adjacent areas beyond Philadelphia. In 2022, they received a $1 million National Science Foundation grant to explore replicating this model nationwide.

“Higher education is in crisis, and students and faculty are craving a new way of being more impactful,” said Rachel Wenrick, executive director for arts and civic innovation at Drexel’s community partnerships office. “This offers that, while bringing university resources to bear on solutions the neighborhood itself has identified.”

While such institutional partnerships show promise, sustaining intergenerational housing can be difficult. The model pioneered by Kuhn often struggled with sustainability and hundreds of home shares ultimately shut down after just a few years. Finding reliable renters that homeowners trusted, handling legal and administrative tasks, and collecting payments proved overwhelming. “The Gray Panthers had popularized intergenerational home-sharing with these same values of helping people age in place and creating more affordable housing options,” said Marcus of Nesterly. “But they were very labor intensive and paper-driven.”

Today, automated background checks and payments, secure messaging, and video call portals are supposed to modernize the process and make it more convenient than it was in the ’80s and ’90s. Yet technology itself can present new barriers, particularly for seniors who may struggle with both awareness of and access to online platforms.

Growth constraints

Savenia Falquist sees these challenges firsthand. As executive director of HomeShare Oregon — founded in 2021 to address the state’s housing crisis — she’s realized that digital solutions aren’t enough. “What I feel and where we’re going is we need to build capacity across the state to have coordinators in regions that go work directly with folks,” she told Vox. “They need help putting photos on their pages, and support to match those folks with renters.”

The barriers extend beyond technology. Alfa Hernandez, who directs a home-share program through the Homeless Intervention Services of Orange County, California, points to deeper concerns about safety. “Seniors like the idea of companionship, but even though we’re there to facilitate and do monthly check-ins and screenings, they’re more prone to identity theft and falling for scams, so I think that’s why there’s more fear to participate,” she told Vox.

Melanie Lambrick for Vox

Many still view sharing their private living space with strangers as a last resort. Just as ride-sharing in Uber or Lyft had to overcome being seen as weird or risky before becoming mainstream, home-sharing faces similar cultural barriers. Local regulation compounds these challenges — some communities still have outdated laws that enforce traditional nuclear family living arrangements. Their zoning codes define “family” as those related by blood, marriage, or adoption, with occasional exceptions for “domestic servants.” These restrictive rules can be wielded against not just home-sharing programs, but also larger, often immigrant, intergenerational families living together.

“The laws are enforced when people want them to be,” said LeBlanc of Padsplit. “If you have a neighbor who doesn’t want affordable housing in their neighborhood … then you absolutely see an issue with it.”

Advancing the future of home-sharing

Despite these barriers, several states have begun updating their housing policies. Over the past few years, Colorado, Iowa, Oregon, and Washington have all passed laws banning or restricting family-based occupancy limits. At the federal level, the Department of Housing and Urban Development took a step in 2021 by allowing housing vouchers to be used for shared housing arrangements.

The conversation is expanding beyond just policy changes. Last spring, leaders in housing, finance, and social services convened for a Harvard University symposium on the future of intergenerational housing. Their October report emphasized design choices that could foster connection — even spaces as mundane as lobbies and stairwells are being reconsidered. In one New York City housing complex, the laundry room was placed next to the rooftop garden so that parents and grandparents could play with children, practice tai chi, or tend to gardening projects while washing their clothes.

Some jurisdictions are learning from parallel efforts. After California eased restrictions on accessory dwelling units in 2016, developers built over 80,000 new housing units over the next six years, providing a model that states like Massachusetts, Oregon, and Vermont have since followed. Marcus, of Nesterly, sees potential for similar momentum in home-sharing if more local governments create supportive policies. She points to the UK’s Rent a Room Scheme, where homeowners can earn tax-free rental income by renting rooms in their primary residence.

In Tampa, Florida, 61-year-old Quantia Hollowell shares a six-bedroom Padsplit home with five people. Though initially drawn to the more affordable rent, she’s formed an unexpected bond with Bennie, a housemate two decades her junior. Her “adopted son” drives her to medical appointments and helps with errands. “Bennie, he loves me and I love him,” she said. “Every day we hug each other.”

What started as a practical solution became something neither of them expected.

Can downtown office buildings become new affordable housing?

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A plot of land in Southern California could be a game-changer for the housing crisis

Originally published in Vox on September 12, 2024.
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Soaring prices put purchasing homes out of reach for most people, but building new housing is slow and expensive.

So far, most solutions to this housing crisis have focused on subsidizing prospective buyers. But what if there were a way to make housing cheaper at every step of the process: cheaper to build, cheaper to buy, and still affordable for the next resident?

In San Bernardino, a sunny California city located about 60 miles east of Los Angeles, a first-of-its-kind experiment is underway to test these ideas on a single plot of land. Think of it as an affordable housing policy trifecta: three different strategies to bring down housing costs — all at once.

The first innovation is to streamline manufacturing. About 90 percent of homes are built on the land they rest on, but in San Bernardino, manufacturers assembled a modest house — 1,462 square feet, three bedrooms — in a factory before transporting it to its final destination on Ramona Avenue.

The existence of a new moderately sized single-family house is itself a coup when most new homes far exceed 2,000 square feet. Back in the 1940s, nearly 70 percent of new homes were 1,400 square feet or less. Today, that number hovers around 10 percent because rising land and construction costs — along with arduous permitting regulations and a preference for larger projects from lenders and investors — have made smaller homes nearly impossible to build using traditional production techniques.

In the case of San Bernardino, not only are smaller houses less expensive for residents, but factory manufacturing further lowers the price by allowing developers to complete projects more quickly. Manufactured homes cost 45 percent less per square foot than their “site-built” counterparts, according to Freddie Mac.

The second innovation is an 800-square-foot accessory dwelling unit (ADU) located on the same plot of land, about 20 feet away from the house. The matching cream-colored unit provides two more bedrooms and bathrooms to another family, below market rate. In other words, the ADU increases affordable housing without requiring additional land, making more efficient use of the space.

The third innovation: the land itself is owned by a local affordable housing development group, which is using a community land trust to ensure that both the manufactured house and the ADU remain reasonably priced for generations. The community land trust, in effect, limits how much the homeowners could ever resell the property for when they’re ready to move on.

Dora Davila, a 42-year-old medical lab technician born and raised in San Bernardino, recently moved with her three children to the new manufactured home on Ramona Avenue. Her family had been living in an apartment, and despite months of searching, could find no houses available that were affordable.

“We were looking at mobile home parks but, the thing is, none of them had a yard and I wanted space for my kids,” she said.

Davila struck gold one day when she overheard a coworker talking about their sister, who had moved into the new ADU on Ramona Avenue this past winter. The developers were now looking for a family for the adjacent house. Davila immediately reached out to the housing development group, Neighborhood Partnership Housing Services, Inc.

“I was in the right place at the right time,” she told me. “It seemed too good to be true — there’s really no place that we could find something in our budget for our family.”

Dora Davila and her children outside their new home.

Dora Davila and her children outside their new home.Dora Davila

Neighborhood Partnership Housing Services had led a few other projects in southern California using factory-built housing, but never before on a community land trust. They broke ground in December 2022, and despite some construction delays, Andy Lopez, the project manager, suspects it would have taken at least nine more months to build on Ramona Avenue should they have tried to go the traditional site-built route. (It took about a year, but they’re estimating future projects could be completed in four to six months.)

Already, one other California city is looking to replicate the San Bernardino model, and federal housing officials are excited by the idea. The lower-priced houses are built to meet the construction standards set by the US Department of Housing and Urban Development (HUD), meaning they get special financing options, and can be produced more efficiently at scale.

“Manufactured homes built into the HUD code are special because they are the one truly reliable means we have of lowering construction costs for new homes,” said Dan Hardcastle, a special policy adviser at HUD.

In August, HUD announced it would be expanding the types of housing units that could be built under its code, paving the way for manufactured duplexes, triplexes, and fourplexes.

Lopez says their goal is to combat misperceptions of manufactured housing, and to “show the community how attractive factory-built housing has become.” They know there’s still a stigma; many believe factory-built homes are dingy, clunky trailers on wheels, not regular places that look like any other home in a traditional neighborhood.

A local government caught wind of the idea

Palm Springs, California is a well-known travel destination and a luxurious retirement spot, drawing wealthy retirees from other expensive cities who have helped drive up housing prices to well above a million dollars on average.

But the average household income in Palm Springs is just about $67,000, making it very difficult for those who work in the city’s hospitality and tourism industries to buy homes.

Ariel Tolefree-Williams is an affordable housing administrator for the city, hired in early 2023 to launch new projects. She learned about the community land trust/manufactured housing pilot happening about 55 miles southeast in San Bernardino and wondered if Palm Springs could offer up its own vacant land for this model. She got in touch with Neighborhood Partnership Housing Services, and now the city is moving forward with projects on three plots of city-owned land, subdivided to build six manufactured single-family homes. Each home will rest on a community land trust also owned by the city, and be sold for roughly $170,000 to $200,000, a much more doable price for prospective families. If the project is successful, then Palm Springs plans to build more homes on other vacant properties.

A photo of a modest single-story home with carport and a front yard.

The accessory dwelling unit (ADU) at the Ramona Avenue Gateway demonstration project.NPHS Inc. and NPHS Community Land Trust

Tolefree-Williams said the projects allow the city to do something useful with its vacant single-family lots. Most housing developers are less interested in those, she explained, because they’re focused on bigger residential projects that can yield greater returns.

Some local residents initially objected when they heard manufactured homes were coming to Palm Springs. But Tolefree-Williams said concerns waned when constituents learned more about the building materials and the solar energy components. “We’re going to do a lot of community meetings and outreach in September to make sure folks understand it,” she added.

Challenges to expanding the model

A big barrier to expanding this model is the restrictive zoning codes written long ago to exclude factory-built homes from most areas.

“There are a lot of communities around the country that place restrictions on manufactured housing,” said Hardcastle, the special policy adviser at HUD. “I think you’re seeing this take off in California because they just have such high costs for purchasing and constructing homes.”

In other words, the state’s desperation has created an openness to unconventional ideas. But even in California there can be reticence to trying new things.

“There can be a lot of hold-up with obtaining various permits from the city, partly because they don’t really understand manufactured housing placed on permanent land — they’re used to it going into a [trailer] park,” said Jesse Ibarra, the chief business officer of Neighborhood Partnership Housing Services. “So we’ve had to do a lot of education with the permitting process.”

Another challenge can be finding enough special licensed contractors (known as c47 contractors) qualified to assemble manufactured homes to national standards.

Some people may be less enthusiastic about buying a house on a community land trust, since it would deny them the chance to maximize the money they could earn as their house increases in value. However, while community land trusts cap the amount of profit a homeowner can generate, owners still get to keep whatever they pay down on the mortgage when they sell.

“Some people see it as glorified rentership, but most folks see it as a much better deal than renting,” said Ibarra. “It can be a stepping stone to a bigger home, and you can save that money instead of giving it all to a landlord.”

While this San Bernardino pilot is now underway, there are some remaining kinks to iron out.

Neighborhood Partnership Housing Services plans to collect rent for the first few years and then eventually sell at least the single-family house to Davila, once they recoup their development costs. Their task will be to figure out exactly how to structure the agreement. Would Davila, or whoever else lived in the single-family house, also own the adjacent ADU and then lease that out to whomever they like? Or should that be kept under Neighborhood Partnership Housing Services’s purview? Put differently, should the first-time homeowner also become a landlord, or is that too complicated? And how does the community land trust piece fit in, if there are two units on one parcel? “We’re figuring all that out now,” said Lopez, the project manager.

Davila understands she’s part of a housing experiment. She’s just happy to have a comfortable place her family can finally call home.

“The noise outside the windows, we don’t hear anything,” she said. “I haven’t slept this well in such a long time.”

Kamala Harris’s recent embrace of rent control, explained

Originally published in Vox on August 6, 2024.
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At her first major campaign rally since becoming the presumptive Democratic presidential nominee, Vice President Kamala Harris made a relatively unexpected promise.

Speaking in Atlanta to a crowd of 10,000 supporters, Harris pledged to “take on corporate landlords and cap unfair rent increases.”

Harris’s remarks to cap rents echoed a recent proposal from the Biden administration just two weeks earlier to limit rent hikes to 5 percent nationwide over the next two years for all landlords who own more than 50 units. (They estimate this would cover over 20 million units across the country.) The Biden plan — which would require congressional approval — would exempt not-yet-built units, so as to not discourage much-needed new housing. The two-year rent cap, Biden officials said, would serve as a way to drive down costs while new housing was under construction.

Harris’s seeming embrace of the Biden plan isn’t the first time she’s expressed support for rent control. In 2019, after Oregon adopted a then first-of-its-kind statewide rent control measure, she tweeted in praise of the bill signing. “No one should ever have to choose between paying their rent each month or feeding their children,” Harris wrote. As a senator, she also introduced legislation to offer tax relief to renters who earned less than $100,000 if they spent more than 30 percent of their income on rent and utilities.

Still, it wasn’t clear Harris was going to stick to a pro-renter position on the presidential campaign trail — she’s already abandoned several more left-wing stances she previously embraced while a candidate in 2020. Over the last ten days, Harris has rejected Medicare for All, distanced herself from a federal jobs guarantee, and said she would no longer oppose fracking.

But when it comes to affordable housing, Harris has so far stuck closely with the political playbook of the president, who started campaigning on lowering housing costs more aggressively this year.

Over 22 million households now spend more than a third of their income on rent, and home mortgage rates have soared since 2022.

Rent caps, however, have long been controversial among economists, most of whom argue that the policy hurts housing markets and ultimately limits supply, thus driving costs up further. A review of more than 200 empirical rent control studies released in March found a “wide range of adverse effects” for communities with rent caps, and that landlords were more likely to allow rent-capped units to fall into disrepair.

Still, a growing movement of housing activists has been pressing federal lawmakers to embrace the policy, citing the imminent threat of displacement many tenants face. More than 650,000 people in America experience homelessness on any given night, and federal data published in late 2023 showed a rise in homelessness in most states.

From a campaign perspective, rent caps poll quite well. In one May survey published by Navigator, a Democratic-aligned research group, pollsters found most voters overwhelmingly support cracking down on rent-gouging by corporate landlords, and cracking down on misleading rental fees. Measures to build more homes as a way to drive affordability were far less popular with voters, by contrast, than providing financial aid to renters and regulating rents.

The rent cap pledge didn’t come out of nowhere

Biden’s announcement in mid-July to embrace rent caps on “corporate landlords” came from mounting political pressure, and a sense that he needed to do more to court voters who were feeling badly about the economy and their daunting housing costs.

A Redfin-commissioned survey from February found almost two-thirds of homeowners and renters said that housing affordability made them feel negatively about the economy. Other surveys have suggested that many of the young people and voters of color who helped Biden win in 2020 were now wavering in their support for him, and those voters are more likely to be renters.

Activist pressure came largely from the Tenant Union Federation, a national group that seeks to mobilize renters to advocate for higher standards. This group, formerly known as the Homes Guarantee Campaign, had successfully pushed the Biden administration to release a non-binding “blueprint” for a renter’s bill of rights in January 2023, and since turned its sights to rent control. Activists were specifically interested in rent control Biden could enact without going through Congress, and homed in on the Federal Housing Finance Agency, which regulates the entities that issue billions in government-backed mortgages every year.

In January 2023, these activists helped push a Congressional letter, led by Democrats, asking Biden to take on corporate landlords and end “price gouging in the real estate sector.” The leaders proposed a suite of executive actions the government could take, with their top recommendation to direct the Federal Housing Finance Agency to establish new renter protections, including rent caps.

By July 2023, a new letter from Democratic senators directly urged the Federal Housing Finance Authority to enact “limits against egregious rent hikes” in properties with government-backed mortgages.

While most economists have long warned about negative effects of rent control, tenant activists and their progressive allies in academia and law have been working to challenge perceptions that rent control inevitably hurts housing markets. They point to the debate around the minimum wage, where for decades economists argued that raising the wage would invariably hurt workers and the economy, yet more recently researchers have determined that such increases can actually be effective at boosting living standards for low-wage workers with little to no impact on job loss.

Advocates argue that empirical studies are similarly challenging the conventional wisdom that rent control limits new construction or the overall supply of housing, and they point to examples in New JerseyMassachusettsMinneapolis, and California to make their case.

In a letter the Tenant Union Federation sent to the Federal Housing Finance Agency last fall, activists noted that 182 cities and municipalities across the country had some form of rent regulation as of 2018, and California, like Oregon, had passed new statewide rent limits in the last five years.

Despite successfully pushing federal lawmakers to embrace potential new renter protections and even rent control, Biden and, so far, Harris have declined to go as far as the Tenant Union Federation wants. Some activists, for example, oppose the idea that rent caps would be temporary and exempt new units. The president also declined to endorse a plan that relied solely on his own executive power.

“The whole fact that [Biden] went to Congress to deal with it is messed up,” Elizabeth Olvera Perez, a tenant and leader in the Louisville Tenants Union, told the Nation recently.

Tara Raghuveer, the director of the National Tenant Union Federation, praised Harris’s announcement in Atlanta, acknowledging that it had not been a given that it would be a priority for the vice president. “Rent caps are a winning issue,” Raghuveer tweeted. “Candidates up and down ballot should take heed.”

Most economists remain against rent control

Skeptics of rent caps point to St. Paul, Minnesota, as a cautionary tale.

In November 2021, St. Paul voters approved a ballot measure to cap annual rent increases at 3 percent for most apartments in the city, beginning in May 2022. (The city council loosened this policy in September 2022, to exempt new development for 20 years.)

Developers and investors sounded the alarm, and a year into the experiment, the federal housing department reported that new building permits in St. Paul had plummeted nearly 50 percent compared to a year before, while those in nearby Minneapolis were up 16 percent.

St. Paul planning officials said they weren’t jumping to any conclusions about whether rent control was responsible for the declining construction, and reported their own permitting numbers were somewhat higher. (Tenant activists also argue it’s too soon to legitimately assess the policy’s impact.)

Still, opponents and conservative intellectuals say St. Paul is confirming their worst fears that rent control will make housing more expensive in the aggregate, even if it provides relief to some existing renters in the short term.

Conservatives characterize Biden and Harris’s new embrace of rent control as further evidence that the administration is against landlords. Writing in City Journal, Manhattan Institute senior fellow Judge Glock argued that he doubts the Biden administration’s proposal would actually be limited to just two years. “Almost all rent control laws make such promises; governments often can’t help themselves and keep expanding the laws’ reach anyway,” he said, pointing to New York City’s experience.

Even some prominent liberals have come out against the Biden administration’s new embrace of rent caps.

“Rent control has been about as disgraced as any economic policy in the tool kit,” Jason Furman, the top economic adviser to the Obama administration, recently told the Washington Post. “The idea we’d be reviving and expanding it will ultimately make our housing supply problems worse, not better.”

Colorado’s Democratic governor, Jared Polis, echoed the criticism, saying Biden’s plan “would lead to less affordable housing being built and substantially increase housing costs.”

Legislative tea leaves suggest that Congress is likely to move forward with some sort of federal housing package next year. If Democrats sweep in November, and Harris continues to champion rent control, a national rent-cap policy looks a lot more likely. Whether that takes the form of a broad restriction on corporate landlords, or something more targeted to properties with government-backed mortgages is less clear. However, if Republicans retain control of at least the House or Senate, then the odds of rent caps being passed through Congress are virtually nonexistent.

Tenant activists, meanwhile, will continue to pressure Biden, and Harris, to use presidential executive authority to limit rent hikes. At this point, it’s unclear whether Harris would embrace such a move if she wins the election, even as her boss has thus demurred. The Harris campaign did not return a request for comment.

What a big new Supreme Court decision could mean for homeless Americans

Originally published in Vox on June 28, 2024.
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The Supreme Court has issued its long-awaited ruling in Grants Pass v. Johnson, the most significant legal challenge to the rights of homeless people in decades.

In a 6-3 decision written by Justice Neil Gorsuch, the Supreme Court ruled that cities enforcing anti-camping bans, even if homeless people have no other place to go, does not violate the Eighth Amendment’s prohibition on cruel and unusual punishment. Gorsuch was joined by the rest of the court’s conservatives, including Chief Justice John Roberts.

“The Constitution’s Eighth Amendment serves many important functions, but it does not authorize federal judges to wrest those rights and responsibilities from the American people and in their place dictate this Nation’s homelessness policy,” the opinion read.

Friday’s ruling has huge implications for cities and people experiencing homelessness nationwide. It strikes a fatal blow to two Ninth Circuit decisions — the Grants Pass v. Johnson case and its 2018 predecessor Martin v. Boise — that have shaped cities’ responses to homeless encampments.

Leaders from dozens of cities and states — both liberal and conservative — have been hoping the US Supreme Court would overturn the Martin and Grants Pass decisions, which they claimed were incorrectly decided and left governments hamstrung and incapable of safely managing their communities.

Many groups representing the rights of unhoused people, in turn, argued there was no reason for the US Supreme Court to reconsider the rulings, and warned that doing so will make it both easier to criminalize people experiencing homelessness and much harder to land them permanent housing later on.

The Supreme Court declined to hear a challenge to Martin in 2019, but pressure mounted on the high court as the nation’s homelessness crisis grew worse, especially in the Western states under the Ninth Circuit’s jurisdiction.

Over 650,000 people in America experience homelessness on any given night, and roughly 40 percent of those individuals are sleeping outside on the streets, in cars, parks, train stations, and other places not designed primarily for people. Federal data published in late 2023 showed a rise in homelessness in most states.

Homelessness advocates immediately denounced the ruling, warning that it will make things worse and further marginalize vulnerable Americans.

The Grants Pass decision undoubtedly marks a significant setback to the constitutional rights of homeless people, and local governments will feel more confident passing punitive policies with the Supreme Court’s blessing.

But it will not end the political battles over tent encampments. It only concerns what cities can do, and not what they should do.

Conservatives want clearing homeless tent encampments to be non-discretionary

Those who want cities to be more aggressive in clearing homeless tent encampments are celebrating.

Theane Evangelis, the lead counsel for the city of Grants Pass, Oregon, praised the Court for “restor[ing] the ability of cities on the frontlines of this crisis to develop lasting solutions that meet the needs of the most vulnerable members of their communities, while also keeping our public spaces safe and clean.” She said she hopes that years from now this moment is recognized as “the turning point in America’s homelessness crisis.”

But even though overturning Martin and Grants Pass would make it easier for cities to clear out tent encampments, local governments still hold considerable discretion over whether they should do so.

And especially in liberal cities, where leaders may be more inclined to leave people experiencing homelessness alone (or come under more pressure from advocates to do so), some conservatives have long felt additional legislative and legal action would be needed to actually force cities to act.

“Many cities have used Martin as an excuse, you know, they throw up their hands and say, ‘Our hands are tied,’” said Ilan Wurman, a law professor at the University of Minnesota who hoped the Supreme Court would overturn the decisions. “We don’t think that was a fair reading, that you can’t enforce your camping bans, and reversing Grants Pass would take that argument away [from cities]. But it still doesn’t require them to do anything at that point.”

Instead, Wurman and others have been promoting public nuisance lawsuits as a way to force cities to disband tent encampments. These types of lawsuits can be based on things like loud noise or air pollution, but also things like unsanitary conditions or other health hazards. Importantly, private citizens have the right of action to bring public nuisance claims.

The first successful example of this strategy was in 2022 against the city of Phoenix, Arizona, when Wurman and colleagues sued for a declaration that a downtown homeless encampment on city property constituted a public nuisance. More than 1,000 people had moved to this encampment — known as “the Zone” — and the plaintiffs pointed to the crime, defecation, drug use, theft, and other safety hazards there that threatened public health. Arizona state law defines “[a]ny place, condition or building that is controlled or operated by any governmental agency and that is not maintained in a sanitary condition” as a “public nuisance … dangerous to the public health.”

A judge ruled in favor of the plaintiffs last year, declaring “the Zone” a public nuisance, and ordered Phoenix to address the situation. The encampment is now cleared, but the city is appealing the decision.

Wurman has had less success in his two other lawsuits pursuing the public nuisance strategy.

Last September, two Tucson homeowners and one Tucson business owner sued the city for failing to clear an encampment, citing things like trash, fire set by residents that burned uncontrollably, and car and residential theft.

Like in Phoenix, the plaintiffs asked the courts to declare the campsite a public nuisance and order Tucson to clear it out. The city in turn argued the plaintiffs lacked standing and that they could not be liable for “fundamental government policy,” which includes how and whether to spend its public resources.

In other words, they hope to push legislation to counteract what the Supreme Court just ruled and ensure that homeless people can’t be punished for sleeping outside on public property if there are no adequate alternatives available.

They also criticized the decision: “This decision sets a dangerous precedent that will cause undue harm to people experiencing homelessness and give free rein to local officials who prefer pointless and expensive arrests and imprisonment, rather than real solutions,” said Ann Oliva, CEO of the National Alliance to End Homelessness. “This ruling allows leaders to shift the burden to law enforcement. This tactic has consistently failed to reduce homelessness in the past, and it will assuredly fail to reduce homelessness in the future.”

Ultimately, liberal homelessness activists hope to use the Grants Pass attention to focus the national conversation on policy solutions they say will actually solve homelessness, including universal rental assistance, repairs to public housing, and funds for eviction prevention. Advocates plan to call for $365 billion in the next year to fund these initiatives.

Following the ruling advocates sent out an email blast inviting people to email their elected officials for more funding for housing and to join the “Housing Not Handcuffs” advocacy campaign.

“We knew from Day 1 that the Supreme Court case wouldn’t end homelessness,” said Jesse Rabinowitz, the communications director for the National Homelessness Law Center. “Now, we must use this moment in time to ensure that Congress and the White House do their job by funding the housing needed to ensure that nobody experiences homelessness in the richest country in the world.”

The federal government’s new plan to (maybe) give renters straight cash

Originally published in Vox on June 13, 2024.
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DETROIT — The federal government is laying the groundwork for a potentially major change to the nation’s largest rental assistance program, aiming to test an idea that would allow low-income tenants to pay rent directly with cash, rather than use traditional housing vouchers.

On Wednesday afternoon in Detroit, at a national guaranteed income conference, HUD Deputy Assistant Secretary for Policy Development Brian McCabe announced that his agency is soon planning to solicit public comment on the prospect of testing whether distributing cash directly to tenants might work better for renters, landlords, governments and even taxpayers. 

Officials are keenly aware of some of the stark challenges faced by participants of the 50-year-old federal voucher program. To get a voucher, a household first must prove eligibility. Then a public housing agency must issue the voucher subsidy to a landlord on the household’s behalf. The landlord must then accept that voucher, the unit must pass an inspection, and the landlord must sign a contract with the public housing agency.

These are a lot of steps, and many landlords simply refuse to rent to voucher holders, citing frustrations with the often slow and complicated process. Landlords complain of bureaucratic headaches like delayed lease signings that lead to income loss and arbitrary-seeming unit inspections

Some renters, in turn, struggle to find anywhere to use their voucher, should they be one of the lucky few to even receive one. One federal study found that only about 60 percent of beneficiaries can find a landlord willing to rent to them.

HUD will specifically seek input on questions like whether landlords would be more willing to rent to low-income people if they could skip the government’s red tape, and whether there would be higher-quality housing available to renters using cash. More than two million families currently use the federal subsidy.

At the conference, McCabe also shared that HUD plans to soon issue guidance to housing agencies on how they could run these sorts of cash pilot programs. McCabe was referring specifically to agencies in Moving to Work, a federal program that allows certain public housing authorities to spend their dollars more flexibly than is permitted under the traditional voucher program. Moving to Work was established in 1996 and expanded by Congress in 2016.

McCabe’s announcement reflects a change in HUD’s position on cash assistance. Last year, HUD lawyers said housing agencies, including those in Moving to Work, lacked the legal authority to test cash aid in lieu of vouchers.

The shift came in part from advocacy by housing leaders over the last year, who’ve emphasized that they believe Moving to Work agencies do have congressional permission to pilot innovations like cash rental assistance. Vox reviewed one such letter sent on May 7 by four national housing groups, and another sent by public housing agency leaders, like Preston Prince, the executive director of the Santa Clara Housing Authority.

Providing cash assistance “could be really disruptive — in a good way,” Prince told Vox. “Cash could help us serve more families.” Santa Clara has some 37,000 people on its voucher waitlist, and leaders estimate that they’re currently serving just one in six eligible residents. 

Prince acknowledges that a study testing cash rental assistance could evoke more criticism of the housing voucher program or even of housing authorities more broadly. 

“I am petrified about doing this pilot project, that it might prove something I’ve been working on for 30 years is not effective,” he told me. “It could challenge the overall system. That’s the unnerving part. But it takes a little bit of courage to say in the end it’s not about me.” 

Advocates for testing cash rental assistance stress that they’re just looking to improve the housing voucher program, not replace it wholesale. If cash proved effective and even helped save governments money, officials might be able to focus on providing more support services, producing new housing, and conducting research. Housing authorities spend 13.8 hours annually on average administering individual vouchers, with tasks like certifying a renter’s income and assets to ensure they are as destitute as they say.

That voucher fraud detection work exists to protect public funds, but can also be stigmatizing and degrading. “There’s been pressure to look at our families as broken and untrustworthy, and direct rental assistance could really say to people, ‘You are trustworthy and valuable and we are here to help you be successful,’” said Prince.

The federal government has taken steps in recent years to cut down on paperwork required to access housing aid. During the pandemic individuals seeking help under the $46.5 billion Emergency Rental Assistance Program could simply affirm, under penalty of perjury, details such as their income or address, rather than submitting official records. 

More recently, HUD announced that housing agencies could allow people to self-certify their income for homeless program eligibility, a move that could expedite voucher access. In announcing the shift, HUD acknowledged that many people experiencing homelessness might not have Social Security cards or pay stubs to prove their income status.

While some renters might prefer vouchers, others may find cash easier and faster to use, especially in certain markets. “I suspect that renters being able to present themselves to landlords as paying like any other potential tenant could feel quite empowering,” Stefanie DeLuca, a sociologist at Johns Hopkins, told me in 2021
Several sources Vox spoke with confirmed there could be multiple cash rental assistance studies launched as early as this year.

Though housing leaders are pitching the research as a modest policy inquiry, officials involved are keenly aware of the potentially dramatic implications of this research, should the studies show that cash indeed works better. A small pilot could lead to a larger federally funded demonstration study, which could, officials say, then lead to asking Congress to make permanent changes to the big bipartisan program.

How the idea of cash rental assistance advanced

The road to McCabe’s announcements in Detroit traces its origins back to the 1970s, in a now largely forgotten nationwide study of cash rental assistance. Known as the Experimental Housing Allowance Program, 50,000 families across 12 US cities received cash subsidies for rent. Program evaluators found the subsidies were well-received and successfully administered, but policymakers shifted their attention to the new federal housing voucher program, then known as Section 8.

In 2017, Todd Richardson, a longtime HUD staffer whose team inadvertently discovered old reports of this federal experiment, proposed that those findings could inform the existing Moving to Work voucher program.

Enthusiasm mounted further following successful Covid-19 cash aid experiments ranging from rental assistance and stimulus checks to child tax credits and dozens of guaranteed income pilots. In 2022 Philadelphia also launched its own cash rental assistance pilot, studying 300 households selected to receive money on a prepaid debit card every month.

By September 2023, as Vox then reported, HUD officials began formally pitching philanthropies and basic income advocates on partnering to study this cash rental assistance idea. Part of their hope was that private charitable dollars might have fewer legal constraints than federal voucher funds, which HUD attorneys then still felt would be ineligible to use for the research. 

Since then HUD has been meeting regularly with nonprofits, funders, and housing experts to figure out how to get this cash aid idea off the ground. The federal housing agency has been hosting monthly virtual meetings and in November convened an in-person event in Washington, DC.

James Riccio, with the national policy research group MDRC, has participated in those monthly calls led by HUD analyst Paul Joice, and he told Vox his nonprofit should know “within the next month” if they can move forward with officially designing a cash rental assistance study. If they get the go-ahead, Riccio thinks their design work could be completed by late summer or early fall.

“We’ve taken up the gauntlet that HUD has thrown down and are trying to build a demonstration that would inform HUD’s efforts,” he said. 

MDRC’s goal is to conduct a two-year randomized control trial across five geographically diverse cities, studying 1,000 families. Half of those would pay for their housing with traditional vouchers, and the other half would use cash.

“We really don’t know how it’s going to turn out, if landlords would be more inclined to rent to people,” Riccio said. “It seems there’s very good reason to think it could be true, but it’s something we could learn.”

Basic income advocates see a major opportunity

The pilot program is especially exciting for advocates of guaranteed income, who believe that the government should provide individuals with unconditional cash payments to reduce poverty, promote economic stability, and ensure basic standards of living. 

During the early years of the pandemic, federal emergency aid fueled some tests of this guaranteed income idea. But that money has largely run out, and the tens of billions in annually appropriated federal voucher dollars presents advocates with a much more potentially reliable funding stream.

For now, leaders in the movement emphasize that they see cash rental assistance as a complement, rather than a replacement, to other forms of housing aid.

“We don’t want to be providing impetus to strip HUD of funding for the voucher program, which along with other rental assistance lifts 900,000 people out of poverty every year,” said Nika Soon-Shiong, the executive director of the Fund for Guaranteed Income, which is currently fundraising for a cash rental assistance pilot. “It’s not about more or less government, it’s about what kinds of interactions officials are investing in. What if every call to verify a low-income renter’s income was instead, ‘Hey, I heard you needed a ride. I can drive you.’”

The Fund for Guaranteed Income, which has administered a dozen basic income pilots across the US, is hoping to launch a rental assistance study later this year. It would be less statistically precise than the one MDRC is pursuing, but Soon-Shiong says they’d be focused more on practical design questions and specifically helping individuals move into apartments more easily. Their smaller pilot would aim to study 100 people for one year who receive direct cash, compared with 100 people who receive a voucher off the waitlist. 

“What we’re trying to pilot is the mechanisms to build that cash on-ramp, and what it looks like specifically to redesign the housing inspection form, and to make sure the contract they sign can be converted into a housing assistance payment contract,” Soon-Shiong told Vox. “Our particular intervention is focused on how we can solve one of the key problems of the program which is that people aren’t able to utilize their voucher.” 

At the Detroit conference on Wednesday, McCabe gave a shout-out to the Fund for Guaranteed Income’s work and stressed that he sees many different variations of research as helpful to building an evidence base.

“I want to emphasize there are millions of different ways that this type of program could be developed, and they would test different things and address different issues in the voucher program,” he said. “But in the end, we’re thinking about what it would mean to give families cash to pay their rent.”

A new strategy to house homeless people

Originally published in Vox on May 29, 2024.
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Sometime in the next month, the Supreme Court could grant permission for cities to more easily criminalize people experiencing homelessness

Some are eagerly awaiting that permission. In April, Donald Trump released a video declaring that if he were president, he’d ban outdoor camping in most places, erect sanctioned campsites for “treatment,” and send people to jail who refused to go.

Yet even among Americans opposed to a punitive approach, it’s become common to sigh regretfully, lament that affordable housing is in short supply, and point out that unhoused people often turn down shelter — so what can cities really do? If the US Supreme Court rules in favor of the homeless plaintiffs in Grants Pass v. Johnson, local governments might just invest more money into building emergency shelters, so they can prove there were adequate shelter options available before anyone resorted to fines or arrests. 

But emergency shelters don’t end homelessness, they just get people indoors for brief periods. And there are better options available. 

This message is being shouted to anyone who will listen by Mandy Chapman Semple, the architect of Houston’s nationally recognized homelessness strategy, which reduced the city’s homelessness rate by 60 percent between 2012 and 2016.  

Semple was Houston’s first special assistant to the mayor for homeless initiatives, and she’s credited with helping to design the city’s “street-to-home” encampment response, which prioritizes getting people quickly into housing, permanently closing tent encampments, and working closely with landlords so they feel comfortable renting to tenants with more serious problems. 

“I am truly concerned that we are unintentionally giving up on reducing homelessness,” Marc Eichenbaum, the current special assistant to Houston’s mayor for homeless initiatives, told Vox. “Many acknowledge that housing is the long-term solution to homelessness, only to psych themselves out from being able to respond because of a lack of affordable housing. That is when cities chase expensive, short-term options to manage the situation or resort strictly to enforcement.”

Semple has since taken her work beyond Houston, and through her company — Clutch Consulting — she’s working with cities including New Orleans, Oklahoma City, Dallas, and Hartford, Connecticut. She brings an unapologetic approach to her consulting, rejecting both the idea that homeless people belong in jail, or should be allowed to camp wherever they feel most comfortable. She insists there is a better path forward if leaders and service providers approach their work in a new way. 

Her model works like this: Public subsidies can be used to pay rent for people experiencing homelessness, but private donations, which are not subject to the same federal rules and restrictions, can help finance things that make moving unhoused people into apartments more feasible — like apartment hold fees, application fees, security deposits, and furniture. Oh, you have a unit in your building opening up in a few weeks? We’ll pay you an extra $1,000 if you offer it to us, first. Her team spends time scouting and building relationships with landlords, then tries to house everyone living in an encampment at once.

“Every market has movement, even tight markets, even expensive markets,” Semple said. “You can get into that by using flexible private dollars to incentivize landlords. We’re creating a business relationship that provides us an advantage.”

Once people have moved into housing from a tent encampment, Semple ensures that landlords have a team they can call to help with any problems that may arise. The formerly homeless individuals have case managers to help them access social services, and the landlords, too, have their own liaisons they can call. The city permanently closes down the encampment, puts up signs and sometimes fencing, and uses law enforcement to bar anyone else from returning to the area. 

“I think we really hurt ourselves as advocates when we say that at the core homelessness is an affordability problem,” said Semple. “It is, but we do not have to wait for that affordability to be solved to move people into housing.” 

Semple’s “street-to-home” encampment response has helped dispel the idea that everyone sleeping outside just doesn’t want to be inside. Clutch and its clients say that over 90 percent of people offered the option to move into an apartment say yes, even if they’ve repeatedly rejected invitations before to sleep in congregate emergency shelters.

The approach is not without criticism or challenges. Not all homeless providers are inclined to abandon their focus on getting people into shelters, and some social workers say Clutch’s methods have been abrasive and too dismissive of client concerns. 

Some advocates argue that Clutch’s encampment approach has led to more inequitable distribution of resources by focusing help on those living in areas causing leaders the most political headaches, rather than necessarily the most vulnerable in a city. Others worry the solution is not really scalable, especially as rents continue to spike. 

Angela Owczarek, a New Orleans social worker who previously worked at an organization providing street outreach services in encampments being closed by Clutch, said she felt the company used inappropriate tactics to rush people into apartments.

“We cannot participate in things that coerce people; the ends do not justify the means,” Owczarek told Vox. “Not only is that bad ethically, but it also makes it harder to do our job in the future, because then people will be like, ‘Oh yeah, you guys were part of that effort that threw out my tent and told me I had two days to agree to an apartment I didn’t want to live in or who made me feel rushed or not listened to, even if I ended up living somewhere I liked.’ How we treat people matters every moment.” 

Semple acknowledged that some outreach workers “have struggled in some cases with this shift in expectations and it takes time to help them understand why and how they need to adjust their practices.” 

But she rejected the idea that living outside in encampments is acceptable for human beings, even if they may not feel ready to move indoors. 

“Staying on the streets can be their choice, but they will need to move if they choose [that],” she said. “Living in this location under these conditions cannot continue.”

System leaders have shown more enthusiasm than frontline workers for the Clutch approach. Jamie Caves, who is implementing the Clutch strategy in Oklahoma City, said it has been “fantastic” so far, and they’ve housed 126 people since launching in September. 

“It’s new and we’re building the plane while we’re flying it so there’s certainly things we’re learning and streamlining, but it is really, really powerful,” she told Vox. “We’re really beginning to close multiple encampments in a month and really move aggressively toward our goal, which is to house 500 unsheltered people by the end of 2025.”

Sarah Pavone, the director of strategy at Journey Home in Hartford, Connecticut, echoed the excitement. 

“Up to this point we never thought about prioritizing the unsheltered for any specific resources, we never had a different approach to those living outside than those who were in [emergency] shelters even though they have very different needs,” she said. “We also didn’t engage our systems to overcome systemic barriers that delayed people from entering housing quickly.” 

The fine print of Clutch’s model 

As Houston was bringing down homelessness, the number of unhoused people in Dallas was climbing: a 45 percent increase between 2015 and 2021. Armed with tens of millions of dollars from Covid-19 relief funds and new private donations, local government and civic leaders in Dallas decided to team up and try the Clutch model, setting a goal to move 2,700 people into housing by October 2023. 

More than 10,000 people have been rehoused since the effort began in 2021, and Dallas recently reported its lowest total number of people experiencing homelessness in nearly a decade. The latest Point in Time Count — an annual nationwide survey to estimate the number of people experiencing homelessness on a single night in January — showed Dallas with a 19 percent reduction in homelessness overall since 2021 and a 24 percent reduction in unsheltered homelessness. Last year, only 27 percent of communities nationwide reported reductions in homelessness.

“To scale we had to get more and more creative about master leasing,” Semple said. “So we said how do we consider new business relationships that give us access to whole buildings, or a whole bunch of units, or future units at a new property?” 

Despite the rare progress, convincing the public to stay the course and stick with the street-to-housing model isn’t easy. Sarah Kahn, the president and CEO of Housing Forward, which leads the homelessness response in the Dallas region, told Vox there’s been political pressure to divert resources to more short-term solutions like tiny home shelters.

“Honestly the challenge is that it doesn’t matter what the result of the Grants Pass case is, it still [will] not give local governments or communities any tools to resolve these issues,” Kahn said. “There’s clear evidence that you can’t actually enforce your way out of homelessness. Really the only solution is resolving homelessness and we do that by moving people into housing.”

In Oklahoma City, leaders currently implementing the Clutch model are focused on how it could save them money in the long run. Armed with a $12.5 million investment to reduce unsheltered homelessness by 75 percent in two years (with at least $5 million coming from private donations) the city says it’ll be spending about $24,000 per person to house 500 people. According to the National Alliance to End Homelessness, a chronically homeless person costs taxpayers $35,578 per year

“You can still do a traditional pathway and go to a shelter, but now we have new pathways for those unsheltered homeless, where we build rapport, get them document-ready, and it’s very streamlined and aggressive to get those things done in four to five weeks so we can move them directly into housing,” said Caves. “I think it’s a positive solution that makes economic sense and is also the dignified answer to those who are experiencing homelessness.” 

Clutch Consulting won’t work with communities that aren’t sufficiently bought into its theory of change. Last year leaders in St. Louis hired Semple to conduct a needs assessment to gauge a potential partnership and ultimately she concluded it would not be a good fit. 

St. Louis, which has cold winters and hot summers, has long been focused on emergency shelters as a harm-reduction approach, and Semple determined the city’s service providers were too invested in increasing the number of emergency shelter beds in the city.

Samantha Stangl, the executive director of House Everyone STL, has been trying to push back on her community’s reliance on congregate shelters. “What if the real problem were not an inadequate supply of shelters but rather a bottleneck of demand caused by a lack of exits from shelters?” she asked in a January op-ed

In an interview with Vox, Stangl went further. “What a lot of communities that have found success have done is come to the realization that shelter should actually be the absolute last resort because it is kind of a crisis environment,” she said. “I’m not interested in the status quo in St. Louis. We need more rapid rehousing and more permanent supportive housing to do things like that.” 

Owczarek, the social worker from New Orleans, says more skepticism should be brought to bear when interpreting Clutch’s reported results on offering housing to everyone in encampments. 

“The idea that everyone is offered housing needs an asterisk after ‘everyone,’” Owczarek said, noting that anyone who arrives at a camp after the city establishes its list of residents to house is not given the same housing opportunities. (Semple told me their approach is to house everyone eventually but designed in a way to discourage people from moving to encampments to get housing faster. “These are high-risk encampments deemed public health hazards,” she said. “We don’t want to encourage folks to come live at this site to get housed.”)

Owczarek also pointed out that “offering” someone housing does not mean there was always housing available for everyone by the time an encampment actually closed. Some residents had nowhere to go even after their encampment cleared. Semple said in those situations individuals are offered emergency shelter or in some cases motels.

Criminalization will make this housing work harder

Though Semple helps cities work with landlords to assuage their concerns, there are limits to how many people are willing to rent units to those with criminal records. Given that 1 in 3 US adults has a criminal record, this creates a significant barrier to the street-to-housing encampment response model.

Arresting, fining, and ticketing unhoused people — which local governments will be more easily able to do if Grants Pass is overturned — makes it harder for those people, who already struggle to afford shelter, to obtain permanent housing. 

Owing fines can exacerbate an unhoused person’s already poor financial situation and prolong their homelessness. One study of people experiencing homelessness in Seattle found those with outstanding legal debt spent roughly two more years without stable housing than those without such debt.

“Every time we’re pushing someone needlessly through the criminal justice system it affects their ability to get housed because every landlord is running a criminal background check,” said Semple. “These nuisance charges create the perception that they’re a criminal and not a good tenant and it’s just a tremendous waste of law enforcement capacity too.”

After decades of inaction, states are finally stepping up on housing

Originally published in Vox on April 30, 2024.

For years, the easiest thing to do about building new housing was nothing.

The federal government largely deferred to state and local governments on matters of land use, and states mostly deferred to local governments, which typically defer to their home-owning constituents who back restrictive zoning laws that bar new construction.

That’s slowly changing as the housing supply crisis ripples across the country. Experts say the US is short somewhere between 3.8 million and 6.8 million homes, and most renters feel priced out of the idea of homeownership altogether. The lack of affordable housing is causing homelessness to rise.

In Washington, DC, Congress has held more hearings on housing affordability recently than it has in decades, and President Joe Biden has been ramping up attention on the housing crisis, promising to “build, build, build” to “bring housing costs down for good.”

But it’s at the state level where some of the most consequential change is taking place.

Over the last five years, Republican and Democratic legislators and governors in a slew of states have looked to update zoning codes, transform residential planning processes, and improve home-building and design requirements. Some states that have stepped up include OregonFloridaMontana, and California, as well as states like Utah and Washington. This year, MarylandNew York, and New Jersey passed state-level housing legislation, and Colorado may soon follow suit.

Not all state-level bills have been equally ambitious in addressing the supply crisis, and not all states have been successful at passing new laws, especially on their first few tries. And some states have succeeded in passing housing reform one year, only to strike out with additional bills the next. Real housing reform requires iterative and sustained legislative attention; it almost never succeeds with just one bill signing.

Trying to determine why exactly a housing reform bill passes or fails on the state level can be difficult, though advocates say it certainly helps when a governor or other powerful state lawmaker invests time and political capital in mobilizing stakeholders together. Given that housing challenges are not spread equally across a state, sometimes it can be hard to decide whether to pass statewide laws that apply equally to all communities or to pass more targeted legislation aimed only at certain areas.

Partly due to pressure from voters and from more organized pro-housing activists, legislative trends are starting to emerge. More states and housing experts are thinking not only about passing laws to boost housing production, but also about how best to enforce those laws, close loopholes, and demand compliance.

States can make it easier to build more housing in a wider variety of places

While states typically grant local communities a lot of discretion in land use policy, more lawmakers are realizing that balance may have tilted too far.

As researchers with the Federal Reserve Bank of Minneapolis outlined last fall, some states are now looking to increase housing production by enabling more multifamily housing and accessory dwelling units (ADUs) to be built without having developers first seek approval from local planning agencies or elected boards. This accelerated construction process is known as building “by right.”

For example, Oregon passed a law in 2019 allowing fourplexes (a multifamily home that typically houses four families under one roof) to be built anywhere in large cities and for duplexes to be built anywhere in mid-size cities. Before, a developer would have needed to seek special permission to build such housing.

States like Utah and Massachusetts are incentivizing the construction of new multifamily housing near public transit, while states like California and Florida are making it easier to build residential housing in places zoned for retail. Other states, like Maine and Vermont, are making it easier to build ADUs, which are second (and smaller) residential units on the same plot of land as one’s primary residence, like apartments or converted garages.

State lawmakers sometimes impose new rules on localities to adjust their housing planning requirements, which can mean lowering the barriers builders must go through to begin construction or incentivizing cities to set more ambitious targets for production. Sometimes it means easing requirements like minimum lot sizes or parking spot mandates.

Not all state-level bills will move the needle on the housing crisis

Under pressure to do something about the housing crisis, some state lawmakers are advancing bills that allow politicians to claim they’re taking action, although the legislation itself is weak and unlikely to make big dents on the various problems. Some bills may even make affordability issues worse over the long term.

For example, after failing to pass housing reform last year, lawmakers in New York came together again this year to push something through. Democratic Gov. Kathy Hochul and her allies in the state legislature are cheering their recently agreed-upon housing package, which includes tenant protections and incentives to spur new construction, but experts and activists say it lacks real ambitious zoning and production measures and will be unlikely to drive new affordability.

Likewise in Maryland, Democratic politicians are cheering the passage of a new statewide housing reform package that includes renter protections and incentives to spur new affordable and dense development, though Yes-In-My-Backyard pro-housing advocates concede they do not expect the legislation to create much new housing, at least in the near term. Still, given that it was housing advocates’ first real attempt at passing statewide legislation in Maryland, they are hailing it as an impressive first step.

“This is the first time the Maryland legislature overrode local zoning in a pro-housing way, and I would say this is a surprisingly drastic shift from the status quo even though it’s not enough,” said Tom Coale, a housing lobbyist in Maryland.

When it comes to state-level housing reform, implementation and compliance matter

Passing legislation for housing reform on the state level is often just the first step, as opponents then sometimes seek to challenge the new laws in court or localities search for loopholes or other ways to avoid compliance. Sometimes lawmakers water down housing production mandates and other enforcement mechanisms before the bills even pass through the legislature.

While it’s not uncommon for local communities to try and avoid compliance when a housing law is first passed, some states have also been firing back in subsequent sessions to close loopholes and ramp up penalties for local governments. While some statutes have strong enforcement mechanisms built in to begin with, many lawmakers are recognizing the housing reform process will just need to be dogged and responsive to resistance and new challenges.

Housing experts with the Lincoln Institute of Land Policy say it’s likely to take at least three to five years after a statewide policy is passed before the public should expect to see any real changes in housing production, and they urge patience before claiming a reform has failed or succeeded.

“Many of the ambitious state housing policies that have been adopted are still in the early stages of implementation, so we don’t yet have definitive evidence about what works and what doesn’t,” they wrote in September. “Without realistic expectations about this time frame, pro-housing advocates may get discouraged, while opponents claim that zoning changes are ineffective—all before the policies have kicked in.”

The big bet on “tiny homes” to fix homelessness

Originally published at Vox on November 29, 2023.

Before she moved into the first shelter village of “tiny houses” in San Francisco, Sharon Sandelin — a 66-year-old who goes by “Mama T” — had been sleeping on the streets.

Now she lives in a 64-square-foot unit with heat, electricity, a twin bed, desk, and chair. There is a combination lock on the outside. The gated community where some 70 other people now live is clean and cheerful-looking, painted teal and sea-foam green. Residents are connected with supportive services like health care and served three meals daily.

Sandelin detests traditional homeless shelters, and appreciates the privacy of her locked room on Gough Street, knowing she can rest undisturbed. But she still considers herself homeless. Though she likes her tiny cabin more than she liked being unsheltered, residents must use porta-potties, they are not allowed to have outside visitors, they can’t shower after 2 pm, and they can’t cook anything that requires more than a microwave or toaster.

“I want to eat my own cooking,” she told me. “My daughter can’t visit me, and there shouldn’t be no set time for a person to take a shower.”

Sandelin has a place to sleep in large part because of Elizabeth Funk, who spent three decades working at investment firms and tech giants like Yahoo and Microsoft, while serving on boards of various homeless nonprofits. Since 2020, Funk, now the CEO of Dignity Moves, which fundraised and developed the San Francisco village, has brought her experience and Rolodex to bear on a singular goal: to, as Silicon Valley puts it, disrupt the problem of homelessness in America.

Since 2016, unsheltered homelessness — meaning those sleeping somewhere not designed for human residence, like a car, a park, or a train station — has been going up. Particularly on the West Coast where housing costs are often prohibitive, local governments have struggled to curb sprawling and politically unpopular tent encampments, and many unhoused people prefer sleeping outside to crowded shelters with bunk beds. The challenge has been exacerbated by Martin v. Boise, a 2018 court ruling that said people can’t be punished for sleeping outside on public property if there are no adequate alternatives available.

To Funk and other tiny house proponents, villages like the one where Sandelin now lives offer creative solutions to all these issues. The small, relocatable cabins provide leaders new ways to bypass restrictive zoning rules, by leveraging emergency building codes and “borrowing” rather than purchasing land. They also offer, at least for some, a more dignified shelter option, providing an affordable answer to the difficult reality that many people prefer to sleep outside rather than endure the rules and conditions of typical shelters.

Advocates of “tiny homes” as a solution to the homeless crisis say the units should be understood as a key tool to preventing chronic homelessness amid a brutal housing shortage. If people lose their homes but can get quickly off the streets into a temporary private dwelling, then they’re in a much better position to get back on their feet, and avoid the tumble into longer-term homelessness that can transpire from even just a few weeks without shelter.

For elected officials, the villages also mean that fewer people have to see — or think about — homeless people on a daily basis. Tiny homes provide leaders with a faster and cheaper alternative to building permanent housing or congregate shelters, and may provide cities with the legal authority to then clear out any remaining tent encampments: Funk told me she can determine “exactly how many units you need in order to make it illegal to sleep on the streets within the city limits in San Francisco.” All this has thrilled leaders eager to reclaim their cities from what they see as spiraling chaos and disorder.

Advocates for the homeless, meanwhile, worry that the tiny shelter boom will divert funds that could otherwise go to new permanent housing, preventing people from moving into a real home for even longer. The rush of private industry into the space also gives advocates pause, and they worry that cities will buy bare-bones, cheaper models, place them in remote parts of town, and criminalize those who refuse to go.

At the heart of the tiny houses debate is a question about the meaning of housing and shelter itself. As more companies rush to manufacture models with varying features — some out of plastic, some out of repurposed shipping containers, some built on factory assembly linesothers on-site or on wheels, some with in-suite bathrooms, kitchenettes, and storage space, others lacking plumbing and electricity and with virtually no amenities at all — there is little consensus on what a “tiny home” is, or what standards it must meet.

Tiny house shelter units are typically between 60 and 150 square feet, but the sharp variety of products within the industry creates confusion. How spartan is acceptable? Is anything better than sleeping outside?

Lots of arrangements can be tolerated if they’re understood as emergency solutions — but some communities have also started to explore the idea of treating the units less as temporary shelters and more as something approaching new housing options.

“Harnessing NIMBY” to expand tiny houses

America has a housing shortage in part because it’s become so expensive and difficult to build new housing. The cost to purchase new land has skyrocketed, byzantine zoning rules make residential construction hard, and people living in communities often protest new development — wary of decreased property values, new neighbors, noise, traffic, or general change. This barrier is so common it goes by NIMBY, short for “not in my backyard.”

Yet over the last few years, “tiny home” shelters have been built in communities through what you could call creative hacks of the zoning code. In some places, structures smaller than 120 square feet are not classified as permanent dwellings, and therefore not subject to the same regulations applicable to residential buildings. Other groups have capitalized on cities that declared local states of emergency, which give governments more flexibility to build units with faster permitting.

A photo of Dignity Moves tiny homes. They are small structures that open onto a patio with potted plants and outdoor furniture.
Dignity Moves is a transitional housing program in San Francisco. These 70 modular units are set at 33 Gough Street, right in the middle of San Francisco. They offer the unhoused a non-congregate shelter option.

Dignity Moves formed in 2020 as a task force within the Young Presidents Organization, a global networking group of chief executives. The group wanted to “apply private sector approaches and Silicon Valley-style ‘disruptive thinking’” to America’s homelessness crisis, as they describe it.

Funk could hardly hold back her grin as she outlined Dignity Moves’ theory of change. Instead of buying expensive land for tiny houses, she told me, they “borrow” it from developers who aren’t yet ready to use it.

Leveraging emergency building codes and word-of-mouth networking, “we take advantage of under-utilized assets,” she said. Maybe the shelters will go on a plot of land for two or three years, and then get transferred via forklift to another location when the developer needs their property back. (There are certain tax breaks available for landowners interested in making this deal.) The San Francisco village I visited on Gough Street rests on such borrowed land.

Sometimes Dignity Moves encourages faith-based groups or local governments to pony up their vacant property — like parking lots or land reserved for future infrastructure projects. In Santa Barbara, leaders countywide have jointly committed to finding locations for tiny houses in their neighborhoods and giving shelter priority to those sleeping outside in the surrounding areas. Funk’s group is spearheading this, and envisions the future playing out similarly in cities all over the country. By erecting many villages at the same time, Funk thinks it’ll be possible to get people off the street at once, a strong incentive for housed residents who are tired of seeing individuals living on sidewalks. “Then we can harness NIMBYism, which is a very powerful force,” she said.

There are at least some encouraging signs that local opposition to tiny house shelters wanes. When researchers at Portland State University surveyed housed neighbors who lived around various Portland “tiny homes” villages, they found the neighbors’ concerns about crime and decreased property values significantly diminished over time. “Some of the biggest initial opponents became some of the biggest champions,” Todd Ferry, a lead researcher of the study, told me. “I genuinely think it became beloved to many people in the neighborhood.”

Perhaps no politician has been more enthusiastic about the potential of tiny house shelters than San Jose Mayor Matt Mahan, who proposed this past summer to divert more than a third of his city’s housing funds to increase village production. Up for reelection in March, Mahan has made moving unhoused people quickly off the street a major part of his pitch.

San Jose started opening “tiny home” shelters about four years ago, originally to reduce the risk of contagion during the pandemic. About 500 units currently exist now in the city across six locations, and hundreds more are in the pipeline. Mahan credits their growth with reducing San Jose’s unsheltered homeless population by 11 percent in the last year, though he laments that new units seem to be taking longer to build than they did during Covid-19 and coming with new requirements.

“We were standing these up in six months at a cost of $80,000 or less all-in, including the utility hookup and common space, and now it’s taking progressively longer and costing more,” he told me, pointing to a new village project that cost the city $250,000 a door. Another San Jose village that took a year and a half to build saw costs go from originally $100,000 per unit to more than $175,000.

In September, Mahan urged his colleagues to quit making excuses for why they couldn’t build more units faster, and led a successful push to adopt a shelter crisis emergency declaration so San Jose could bypass certain building rules. Mahan says he’s motivated not only by a desire to help the homeless but to improve local neighborhoods generally. Calls for crime, fire, and blight in the immediate areas of the villages went down a year after they were built, according to a city analysis.

Each tiny house village in San Jose costs about $15 million to launch, and $3-4 million annually thereafter to operate. In June, the city’s budget director said funding roughly 1,400 of these shelter units will cost upward of $60 million by 2030, a “difficult” figure for San Jose to manage. The mayor, for his part, remains optimistic that external funding sources will come through.

Out of sight, out of mind?

Another reason some have grown excited about “tiny home” shelters is often left unsaid: to no longer have to witness homeless people outside on a daily basis.

Tiny houses provide elected officials with faster and cheaper alternatives to building permanent housing or congregate shelters, and may provide cities with the legal authority to then clear out any remaining tent encampments. This has roused city elites anxious about their increasingly visible homeless crisis.

A federal lawsuit led by Los Angeles business leaders frustrated with their city’s lack of action around tent encampments resulted in LA pledging to construct up to 16,000 new shelter beds by 2027, to house 60 percent of the homeless population in each of the fifteen council districts. These can include “tiny home” shelters, and in exchange, LA officials can sweep remaining tents and resume enforcing anti-camping bans.

“We are now getting much more excited about this 60 percent thing,” Funk, of Dignity Moves, told me. “I’m going to be working privately, quietly, but [to] give you a little preview, [we’re] thinking about doing this for San Francisco specifically as well in San Jose.” If San Francisco has about 4,500 people sleeping outside, according to the last Point In Time count, then Funk believes leaders can confidently estimate how many shelter beds will be necessary to build to start enforcing anti-camping laws again. “Let’s be clear,” she said, “one of the big motives here is Martin v. Boise, and people being concerned about getting sued.”

Funk’s legislative partner in the California state Senate, Josh Becker, plans to reintroduce a bill that would make it easier for cities to build tiny house shelters, and potentially even allow cities to count them toward their state-mandated housing production goals. Given that the tiny structures are much cheaper to build than both traditional housing and permanent supportive housing, a state green-light to include them in production targets could prove to be a major incentive. But that’s worrying news for those concerned the units may be less of a temporary, emergency solution after all.

Outside a tiny home, a painter works on a project.
Bryant Akers works on repairs at 33 Gough Street.

“We’re definitely seeing some cities focusing on this model as more than what I would call an interim solution and a gap solution,” said Amy King, the CEO of Pallet Shelter, a Washington-based company that produces tiny houses between $7,500 to $12,000 apiece.

When Becker’s bill was first introduced earlier this year and included the possibility that shelter units, including those produced by Pallet Shelter, could one day be considered permanent housing and even accept rent or housing vouchers, King’s company came out against it. “There’s just so much opportunity for people to take advantage,” King said of the idea.

Homeless advocates worry about a scenario where cities start to invest in lower-quality shelters that aren’t suitable for everyone, reduce investments in permanent housing, and grow more aggressive about fining or arresting those resistant to shelter offers. “We see sweeps and tiny homes going hand-in-hand,” said Alex Visotzky, with the National Alliance to End Homelessness.

A senior official with the US Department of Housing and Urban Development, who was not authorized to speak publicly, told me the agency has no hard-and-fast policy yet on tiny houses, but is currently “evaluating whether there’s a place for them” in their efforts to end homelessness. As part of that the federal housing agency is investigating whether communities have been abiding by fair housing and civil rights laws as they expand the units.

“Not just segregation, but are people put there by choice?” the official asked. “Are there potential consequences if you don’t go there — like subject to arrest or other penalties? We’re considering all of that.”

The line between housing and shelter

In 2020 a fire broke out within a Pallet Shelter community in Banning, California — destroying 19 prefabricated homes, and displacing 38 people. Two years later another fire broke out within a Pallet Shelter community in Oakland, California, burning down three of the structures. One resident told Curbed she barely made it out as “the walls were melting” around her.

Pallet has denied responsibility for these fires, though the company did make changes to the building materials it uses. The two incidents loom large as leaders debate how cheaply they can build these structures and how tightly together they can pack them together on high-priced land.

Some housing advocates say the challenges cities are running into with building tiny shelters now mirror the same issues that often derail producing more housing at all. Proponents fear that as more pandemic-era emergency codes expire, and if more accidents like those in Banning and Oakland occur, such “quick-build bridge housing” will be built far less quickly.

“Our biggest challenge is the regulations, the code compliance to make sure everything meets all the parameters of the building code,” said Viken Ohanesian, CEO of Boss Cubez, which manufactured the prefabricated units used at the San Francisco shelter village. “It’s kind of like you can never have too much insurance, you can never be too safe in this world that we live in because it’s a litigious world.”

One option is to try and convince state lawmakers to pre-empt cities from tacking on new regulatory requirements. California lawmakers already took this step last year in banning mandates for fire sprinklers in “temporary sleeping cabins.” Funk says she’s “really, quite frankly, tempted to take the 10 other things that cities are starting to ask for, take them up to Daddy and say, ‘Can you break this rule?’” The costly rules and regulations, she believes, are a big part of how we got the housing crisis in the first place.

“I think our definition of housing with a capital ‘H’ is causing homelessness,” she said. “So we can either solve it or we can be stuck to our like, you know, our principles.”

Beyond worrying about building requirements and the practical longevity of tiny shelters, a broader, more existential set of criticisms have emerged around the policy idea.

One major concern is that investments in “tiny home” structures actually sustain homelessness, by diverting needed investments from permanent housing. Many people living in temporary shelters of all kinds end up returning to the streets after their allotted time to stay ends, not having anywhere else to go.

“Until there is more affordable housing, this ‘solution’ leads nowhere,” argued Josh Kruger, a formerly homeless journalist in Philadelphia. “Instead, these are just feel-good boondoggles so middle and upper class people can feel like they’re doing something … They’re storage sheds for human beings who otherwise remind us all of our society’s failure to care.”

In 2021 the Washington state’s Lived Experience Coalition — a group of current and formerly homeless individuals — issued a statement lambasting the “dehumanizing conditions and lack of services” some experience in tiny house villages, and warned of lawmakers who avert focus from more permanent solutions. In Seattle, for example, some residents lived in tiny wood huts that lacked heat and electricity, where school children had to do their homework with flashlights.

Barbara Poppe, the former executive director of the US Interagency Council on Homelessness during the Obama administration, said while some models are better than existing congregate homeless shelters, some are “far worse.” What really alarms her, she told me, is the “corporate investor model, for-profit industry” that’s cropped up, naming companies like Tuff Shed and Pallet Shelter as examples.

“Some of these are quite inhumane, and some of those cost studies — Pallet will say it costs $12,000 [per door], but that’s a sleight of hand, it’s very deceiving, because there’s all the site preparation cost on top,” she said. “It seems like what the public wants and by extension what the elected officials say they want is an easy answer and a cheaper answer to the fact that we have an extreme affordable housing crisis that sits on top of growing inequality.”

For advocates like Visotzky with the National Alliance to End Homelessness, conceptualizing housing and shelter as distinct categories remains important. “If we start calling [tiny homes] housing then folks are going to potentially lose eligibility for a lot of key services and resources,” he said. “We need to make commitments and not shortcuts.”

Supporters of building more tiny houses say their critics are stuck in the status quo, implicitly accepting that thousands of people will remain outside. They say it’s a false choice that cities can’t invest in both permanent and interim solutions at once, and that the crisis demands vision and urgency.

“One of the biggest hurdles that’s blocking us from ending unsheltered homelessness is lost optimism,” said Funk. “Dignity Moves’ value-add can be to come in and say, ‘Oh, no, it’s very possible, here’s exactly the paint-by-color map of how.”

What does a real dignified investment look like?

The Connect Homes factory in San Bernardino, California, located about an hour outside Los Angeles, had homeless shelters on the assembly line the day I visited in mid-October. The company was working to fulfill a contract for Long Beach, California, which plans to open its first village of tiny house shelters in early 2025.

Originally founded in 2012 to produce factory-built houses, Connect Homes leaders realized during the pandemic they could use virtually their same industrial tools to develop shelters, too. The company now wants to build shelters nationwide.

A worker talks next to a partly finished wooden tiny house being built inside a factory.
A bearded man in a black shirt and glasses points at architectural plans on a large monitor screen.

Gordon Stott, co-founder of Connect Homes, explains new homes in various stages of production. These will be used as interim housing in Long Beach, California.

“Is it housing, or is it shelter? Well I think what we’re seeing is it can be both,” said co-founder Gordon Stott. While at a higher price point than some of his competitors — units can be sold to cities at $80,000 per door — Stott believes his products are more durable investments, and prove homeless shelters don’t have to be ugly or stigmatized.

The shelter units set for Long Beach will be between 110 and 185 square feet (the larger ones will be ADA-accessible) and the city specifically looked for vendors who could build units with en suite bathrooms. The city used part of a $25 million state grant to finance the construction and expects to spend about $930,000 per year annually in operating costs.

Three doorways lead to three rooms as tiny homes are being made.

“We’re in a moment where cities are having to step up and do things they haven’t done before,” Rex Richardson, Long Beach’s mayor, told me. “We’ve had a big history of dealing with homelessness and providing housing but we weren’t prepared for the crisis — the way it manifested — with a 62 percent increase between 2020 and 2022.”

Models with private bathrooms might deter some local governments, tempted to spend as little as possible. But if the structures are likely to stick around for years in a city, and if people are likely to live in them for extended periods of time, then investing in nicer units with higher standards makes more sense. Ferry, with Portland State University, said he tells municipalities considering tiny house villages “to think really carefully about” their request for proposals, or RFPs. If you put out a contract for a non-congregate shelter between 70 and 150 square feet with no other specifications, then you’re generally obligated to go with the cheapest bidder.

For now though, most leaders have been drawn to companies that offer cheaper upfront products. While most players on the market say their relocatable shelters can last at least a decade if not more, none have been operating long enough to really put their claims to the test, to truly see if “tiny home” units can last, bouncing around from plot of land to plot of land.

Patrick Monahan, a 42-year-old resident of the shelter village in San Francisco, had been sleeping outside off and on for almost 10 years before he moved into his tiny cabin on Gough Street.

Wooden garden boxes are filled with black soil and a variety of green growing plants.
Volunteers plant gardens for the residents at 33 Gough Street.
A man with long dark hair, a cap, and glasses, stands in the doorway of a tiny house.
Patrick Monahan is a resident at 33 Gough Street.

Monahan never wanted to stay in traditional homeless shelters, and he’s appreciative of what the village offers him: a “fairly safe” environment that’s “very pretty and clean” and where the “food’s not great, but it’s free.” He doesn’t love using a porta-potty but thinks it’s better than going on the street.

Still, Monahan holds out hope that one day he’ll have something more. “I can’t have visitors here,” he said. “I rather have my own place, that’s mine.”

Some homeless people won’t go to shelters. Should they be left outside?

Originally published in Vox on September 14, 2023.

PORTLAND, Maine — All summer, the tent city grew.

Along a popular walking path, the Fore River Parkway Trail, more than 60 people had pitched tents. They brought with them piles of wood, drugs, abandoned furniture, bikes, and shopping carts. They were a visible sign of a growing crisis: The number of people experiencing homelessness in Maine has more than tripled since 2020, and the arrival of more than 1,500 asylum seekers in 2023 alone had put unprecedented strain on Portland’s shelter system. Over 240 tents were spread across the city, but the Fore River Parkway encampment was the biggest.

On a Thursday morning in mid-August, 13 community leaders gathered to decide what to do next. The city’s plan was to clear the encampment on September 6, cleaning the grounds and forcing anyone left to leave permanently. Before clearing began, the group that organized the meeting — the Encampment Crisis Response Team — was supposed to work closely with residents, using “empathy, innovation, and a coordinated approach.” All summer, nonprofit workers had delivered daily meals and tried engaging residents on finding housing.

But it was no secret that their efforts would likely fail and that most of the more than 50 people who remained in the encampment would not move into housing or shelter by the September 6 deadline.

So far, nearly all of the Fore River residents who had been offered shelter spots had turned them down — saying they didn’t like the options or preferred to stay outside. In the weeks leading up to the clearing deadline, few residents living in the Fore River Parkway encampment said they expected they would have to actually leave.

This left Portland with a dilemma, one shared with political leaders in much bigger cities grappling with the growing challenge of homeless encampments: what to do when people staying in tents tell volunteers offering shelter that they’d prefer to stay outside.

As encampments grew in size and number over the last eight years, research into unsheltered homelessness — meaning those sleeping somewhere at night that’s not primarily designed for human residence — has revealed why some people might prefer tents to shelters. Some people experiencing homelessness have had traumatic past experiences at shelters, or object to requirements in many shelters to relinquish their pets and personal belongings. Others do not want to be separated from a partner at a gender-segregated facility or to comply with strict curfews and rules around substance use. I heard several of these reasons from people staying at the Fore River encampment.

Studies estimate that roughly one-third of people experiencing homelessness in the US have problems with drugs or alcohol. Complicating matters is the fact that between one-quarter and one-third of those experiencing homelessness in the US have severe mental illness, with even higher rates for those experiencing unsheltered homelessness.

As public pressure to clear homeless encampments has intensified, a growing number of advocates have argued that if a city is unable to provide an unhoused person with the kind of shelter they need or want (like an apartment or a private hotel room), then the most ethical and compassionate thing to do is to leave them be. “Respect autonomy and self-governance for encampment residents,” advises the National Homelessness Law Center. “Homeless people are the experts of their own condition.”

Some of this positioning comes from a deep concern for civil liberties and a fear of returning to the ghoulish days of mass institutionalization. Some of it is about resource constraints: Most cities don’t actually have available housing to help everyone who might want it, and so advocates sometimes end up defending situations that, while far less than ideal, seem preferable to forcing unhoused people into living situations they don’t want.

In the windowless conference room where the Portland crisis response team had gathered, these debates were playing out. One outreach worker argued that some people were now in shelters because the deadline had provided a sense of urgency. The choice, he said, was either to continue the team’s approach, “or decide that it jives with us morally to support the concept of, like, forever encampments and forever outdoors.” For people like him, he stressed, “that is a far greater sort of moral surrender.”

A few advocates in the room worried that new pink flyers posted up at the encampment the day before, warning that everyone must leave by September 6, would further traumatize the homeless people living there. Many had moved to the Fore River Parkway trail after they were abruptly forced out from a different Portland encampment back in May.

City officials, meanwhile, were unwilling to acknowledge that an encampment sweep was surely coming or to discuss how it might harm those living there. To talk about the risk of scattering unsheltered people was seen as being unduly negative and insufficiently committed to the original plan.

“I would focus on, you know, the fact that we have 21 days, we have three weeks, let’s try to get as many folks housed as we can and then see where we are,” said Aaron Geyer, the director of Portland’s social services. It was too premature, Geyer told me, to even discuss what a sweep would look like, suggesting — rather improbably — that by September 6, there might be no unhoused people left to clear out.

Homelessness advocates have been organizing hard against these new civil commitment laws, stressing that only noncoercive treatment and “housing first” — an approach focused on getting people housing and services, rather than requiring them to address health or behavioral issues first — can provide the aid that struggling people need. They are rightly concerned about how new laws mandating treatment could cast a wide, indiscriminate net on those sleeping outside. But other leaders have argued it’s naive at best to suggest that everyone who needs help will ever voluntarily accept it.

Cullen Ryan, who leads the supportive housing nonprofit Community Housing of Maine, said many of his fellow advocates are too quick to back off from encouraging people into accepting help or housing. It’s a dodge, he said, to take people at their word about sleeping outside.

“I hope that wiser minds will prevail, that we as a society will truly care about one another enough to insist that people all deserve to be inside,” he said. “But, you know, to just say, ‘Okay, well, I feel good, because this person’s at least making their own decisions and they want to be outside.’ … I don’t think that’s right. It’s a cop-out, and it’s very easy for all of us to join the cop-out.”

Some lawmakers argue forcing people into treatment is compassionate

Should people be forced to accept housing or treatment if it’s for their own good? The specter of old state psychiatric hospitals looms over the question. Originally meant to provide quality care to people with acute mental illness, these places became known in the 20th century as nightmarish jails not only for those with mental disorders but also for senior citizens, rowdy teenagers, gay men, those with drug or alcohol addiction, and those in poverty.

They were characterized by gruesome forced treatments: lobotomies administered without anesthesia and aggressive electroconvulsive therapies with severe side effects. A political movement to empty out these asylums gathered momentum in the 1970s. Deinstitutionalization was seen as a necessary corrective to decades of cruel state paternalism. The hope was that people with mental illness would be able to get care in their communities. Instead, many people who were released ended up on the streets.

Today, as politicians face pressure to act on homelessness and drugs, more elected officials have started to ask if leaders swung the pendulum too far in their turn away from involuntary care. In Oregon, Portland’s Democratic mayor, Ted Wheeler, told a group of business leaders last winter that he wants state laws changed to make it easier to force people into hospitals. “When I see people walking through the elements without appropriate attire, often naked, they are freezing to death … I don’t even know if they know where they are or who they are,” Wheeler said. “They need help and they need compassion.” Republicans in Oregon’s legislature pushed bills to expand criteria for involuntary commitment, though their efforts failed this year.

The state that’s gone arguably the furthest so far is California, where lawmakers have spent several years debating whether to amend a nearly 60-year-old law to expand involuntary psychiatric treatment.

The law, the Lanterman-Petris-Short Act of 1967, is regarded as a bill of rights for Californians with mental illness, but it’s been blamed for enabling the abandonment of sick people experiencing homelessness, among other problems. Lawmakers in favor of changing the law say they see it as a moral obligation to make it easier to get individuals into treatment before they die or end up in jail.

One of those lawmakers is state Sen. Scott Wiener, a Democrat from San Francisco, who has pushed bills since 2018 to expand access to state conservatorship — a court-ordered status whereby a family member, friend, or public guardian controls another’s treatment plan. “Clearly we went too far,” Wiener told Vox. “We had these terrible institutions where people who did not need to be institutionalized were, but we went way too far in the opposite direction and I think it was an overcorrection.”

San Francisco Mayor London Breed has also framed forced treatment as the more compassionate course of action, saying of people experiencing homelessness, “Allowing them to deteriorate on our streets when they are incapable of caring for themselves is not humane.”

In 2022, California Gov. Gavin Newsom signed a controversial new law creating “CARE courts” — ostensibly aimed at helping up to 12,000 people with psychotic disorders statewide who are not voluntarily seeking treatment. Individuals could be referred to a CARE court for an evaluation, and if deemed eligible, they could be ordered to a treatment plan for up to two years. Newsom framed the effort as California finally “tak[ing] some damn responsibility for implementing our ideals.”

And now California lawmakers are pushing two more controversial bills to further expand access to conservatorships, including one co-authored by Wiener that would make it easier to subject someone to involuntary treatment if they had a mental health or substance use issue. Wiener insisted his legislation — which is backed by the California State Association of Psychiatrists and the California chapter of the National Alliance on Mental Illness — would be a “very focused and targeted” effort. Supporters point to statistics like the overdose death rate among people experiencing homelessness, which has soared in recent years.

CARE courts and bills to expand conservatorships have been fiercely opposed by civil rights groups, which argue these policies are dangerous distractions from real solutions like permanent affordable housing and may even siphon funds away from voluntary programs. They also worry that forced treatment pushes poor people out of sight, and note that California has long failed to keep track of how many people are subject to such coercive plans.

“Conservatorship is the most extreme deprivation of civil liberties, aside from the death penalty,” said Susan Mizner, the director of the disability rights program for the American Civil Liberties Union, in 2019. Activists also warn that loosening the laws will affect far more people than California lawmakers claim now, widening the path to criminalize or isolate the state’s sick, poor, and disabled.

For now, California officials have largely dismissed these objections, arguing the need to expand other support services is no reason to not move forward with psychiatric care reform, too.

“This is setting the basic ground rules, and changing the standard doesn’t mean everything is going to get immediately implemented in a perfect way overnight,” Wiener told Vox. “Absolutely we need more resources in this area and in mental health. We need more beds, supportive housing, mental health workers, guardians, but step one is let’s at least set up modernized rules that make sense, and then hopefully as soon as possible we can really ramp up the resources.”

The heated debate over whether involuntary treatment “works”

As states move to expand laws for involuntary treatment, the debate about them has grown louder and more urgent.

Opponents of forced treatment argue there’s little empirical evidence to justify the practice and plenty to suggest it can backfire, partly by traumatizing patients and fueling long-term distrust in medical professionals. Many forced rehab programs take place in prisons, and too many addiction programs in America are low-quality, humiliating, and brutal. One review from 2016 found some involuntary treatment programs even increased the likelihood of criminal recidivism.

But the existing evidence is more unsatisfying and murky than some critics of forced treatment acknowledge. Some studies have found involuntary interventions have led to improved outcomes, like being less likely to be hospitalized or staying fewer days in the hospital. The opinions of those forced to seek treatment vary: In surveys, 34 percent to 81 percent of involuntarily hospitalized patients have described their treatment as justified or beneficial. Patients are more likely to perceive forced care as fair and effective if they consider themselves ill, though people with psychotic disorders who report encountering barriers to health care are more likely to see forced care as unfair, even if they think it’s effective.

Researchers lack clear data on how many involuntary psychiatric holds there are in the United States, though estimates suggest they’re in the hundreds of thousands annually. Experts admit there’s a lot we still don’t know, partly due to poor reporting systems within and across states. There are few randomized controlled trials — often considered the gold standard for social science research, largely due to practical and ethical concerns.

Alex Barnard, a sociologist who has studied the push to expand conservatorships in California, writes, “there’s almost no recent evidence showing the efficacy of longer-term institutionalization or conservatorship.”

Barnard, who ultimately concluded that more people need psychiatric conservatorships in California than are receiving them, told Vox that he thinks opponents are sometimes willing to sacrifice lives in order to defend the principles of voluntary care and the “housing first” approach, which holds that housing should never be conditioned on getting treatment.

“There is a denial and unwillingness to figure out how to help some people who are never going to accept voluntary treatment,” he said. “I support ‘housing first,’ there’s a lot of evidence for it, but we have to figure out how to address the subset of those who just aren’t served by it.”

In New York City, Mayor Eric Adams instituted a new controversial plan last November to hospitalize unhoused people with serious mental illness and urged broader use of a state law that authorizes court-ordered outpatient treatment. Adams argued his plan would tackle a hard social problem that “everyone else punted on.”

Critics of Adams’s new approach said that without significant new spending on psychiatric beds, mental health crisis centers, and permanent supportive housing, vulnerable people will invariably end up back on the streets. Giving police discretion to decide who might be a danger to themselves or others, advocates also warned, was a civil liberties disaster waiting to happen.

Earlier this summer the New York Times reported on the first few people subjected to Adams’s involuntary care directive, including Mazou Mounkaila, who was handcuffed and transported to a hospital, where he spent the next 104 days treated for schizophrenia. The city’s care contractor, BronxWorks, argued the new forced treatment policy was working, and that most of their clients have since either moved into permanent housing or are on track to do so.

Mounkaila told the Times he liked his new life and even some aspects of his involuntary care. But he had been medicated against his will and said he continues to take antipsychotic drugs so as to not upset BronxWorks staff.

Portland opened shelter beds — but had almost no housing

As Portland’s encampments grew over the summer, complaints from residents and businesses began flooding government lines, Redditop-ed pages, and other civic forums. Some argued for a more forceful response, saying it was the status quo that was cruel. Others expressed frustration that unhoused people were turning down shelter beds.

Local advocates describe homelessness in the state as a “perfect storm” — new asylum seekers have arrived as federal pandemic money has run out, remote workers have relocated to Maine, and the affordable housing crisis statewide has worsened. In all but one Maine county, “the average house price is unaffordable to the average income household,” said the state housing authority last year.

An annual census taken in January found 4,258 people statewide, up from 1,297 in 2020. Until recently, Portland, the state’s most populous city, never had large tent encampments, but unsheltered homelessness increased over the last half-decade as rents went up, and as property owners realized they could capitalize on the city’s tourism industry by converting existing apartments into Airbnbs.

Aaron Geyer, the director of Portland’s social services, said city officials wanted to find a “middle ground” between advocates who didn’t necessarily want the encampment cleared at all and the daily complaints they receive from business owners and the public. “Our job, which is never an easy task, is to try to thread the needle and make sure both sides may not be happy but amenable to it,” he told Vox.

Homelessness experts said they don’t want people to draw the wrong conclusions about encampment residents who turned down shelter offers. Though Portland opened a new modernized facility in late March, it’s located in a more remote part of the city, is gender segregated, and bars pets that are not service animals. Other unsheltered individuals are worried about traveling too far away from the substances they’re addicted to. Some people I spoke with cited past bad experiences at shelters.

“When they say they don’t want to go into X shelter or X motel, it’s often because of some prior trauma that has resulted,” said Nichole Fiore, a national researcher on tent encampments with Abt Associates. “If the goal is to close down the encampment and get people indoors, I think we need to be asking, ‘What would it take to get you indoors?’ And really open up that conversation.”

Jessica Grondin, a city spokesperson, cited “health and safety” concerns as the main reason to clear out the encampment, though it was clear to anyone who walked through that there would be fewer sanitation issues if the city had dedicated resources to maintaining it. It was hard to escape the conclusion that the city, by keeping the encampment at a certain level of disorder and disarray, had made it easier to justify clearing.

“They blame things on it being dirty, but then they don’t provide resources to be clean,” said William Higgins Jr., the executive director of the Portland-based Homeless Advocacy for All.

In the weeks leading up to the September 6 clearing deadline, both residents living in the Fore River Parkway encampment and local business owners said they doubted the city would actually make unhoused people leave.

“If 21 of us just go to the courthouse on September 5 and protest, that’s how many people you need to stop something — at least temporarily,” Nate, a man living at the encampment, who’s being referred to by first name only to protect his privacy, told me in mid-August. “Whether that’s an official written rule or not, I don’t know, but that’s the number I heard and that’s what I like and it’s gonna work — guaranteed. Everybody knows it will.”

No mass protests happened, but on September 5, three Portland city councilors issued a statement, asking for a month delay at minimum. Leaders with Preble Street, a local nonprofit focused on homelessness, also asked the city to postpone its clearing.

But early in the morning on September 6, dozens of police officers, nonprofit staff, and city workers arrived for the clearing. Despite the city’s hopeful prediction that the people in the encampment might leave before the deadline, there were more than 65 tents and roughly 50 people still there on clearing day.

Portland’s parks director described the clearing as an “all hands on deck” situation. Kristen Dow, Portland’s director of health and human services, insisted their approach allowed them to employ “best practices.” But she and other city officials all declined to comment on the impact of displacing residents and the harms to people experiencing homelessness that research suggests such sweeps bring.

Over the summer, a total of 180 shelter beds had opened up — but just 18 people from the encampment had ultimately moved to shelter or housing. The residents’ remaining belongings were hauled to a local incinerator. Leaders were not sure where the people who had lived there would go.