Bill Text: DE HB378 | 2013-2014 | 147th General Assembly | Draft

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Bill Title: An Act To Amend Title 6 Of The Delaware Code Relating To Homeless Persons.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Introduced - Dead) 2014-06-03 - Introduced and Assigned to Housing & Community Affairs Committee in House [HB378 Detail]

Download: Delaware-2013-HB378-Draft.html

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SPONSOR:	Rep. Bolden & Sen. Marshall & Sen. Townsend
	Reps. Keeley, Potter; Sen. Henry

HOUSE OF REPRESENTATIVES

147th GENERAL ASSEMBLY

HOUSE BILL NO. 378

AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO HOMELESS PERSONS.

WHEREAS, it is the policy of the State to ensure that the peace, health, safety, and general welfare of all the inhabitants of the State shall be protected;

NOW THEREFORE:

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each house thereof concurring therein):

Section 1. Amend Title 6 of the Delaware Code by adding thereto the following Chapter as shown by underlining:

CHAPTER 78

HOMELESS PERSONS' BILL OF RIGHTS

§7801.Short title.

This chapter shall be known and may be cited as the "Bill of Rights for Homeless Persons."

§7802.Bill of Rights.

(a) No person's rights, privileges, or access to public services should be denied or abridged solely because he or she is homeless.Such a person shall be granted the same rights and privileges as any other resident of this State.A person experiencing homelessness:

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

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

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

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

(5) Has the right not to face discrimination while seeking temporary shelter because of race, color, religion, creed, age, gender, sexual orientation, gender identity, marital status, familial status, disability, national origin, or housing status, except in case of temporary shelters specifically designated for a specific gender or familial status, or in case of funding sources that require certain populations be served;

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

(7) Has the right to vote, register to vote, and receive documentation necessary to prove identity for voting without discrimination due to his or her housing status; provided, however, that this paragraph shall not be construed to require a temporary shelter to accept documents on that persons behalf;

(8) Has the right to protection from unlawful disclosure of his or her records and informationprovided to temporary shelters, service providers, and State, municipal and private entities; and the right to confidentiality of personal records andinformation in accordance with all limitations on disclosure established by the Delaware Community Management Information System, the Federal Health Insurance Portability and AccountabilityAct, and the Federal Violence Against Women Act; and

(9) Has the same right to a reasonable expectation of privacy in his or her personal property while residing in temporary shelter and on the street as a person residing in a permanent residence; provided, however, that this paragraph shall not be construed to prevent reasonable searches performed pursuant to posted rules;

(b)No political subdivision of this State shall enact any law, ordinance, or regulation contrary to subsection (a) of this section.

Section 7803.Definitions.

As used in this chapter:

(1) "Emergency shelter" means any facility whose primary purpose is to provide shelter for persons who are homeless.

(2) "Homeless" means:

(a) a person who is living in a place not meant for human habitation, in an emergency shelter, or in transitional housing, and a person who is exiting an institution where he or she resided for up to 90 days and who was in a shelter or a place not meant for human habitation immediately prior to entering that institution;

(b) a person who will lose within 14 days his or her primary nighttime residence;

(c) a family with a child, children or unaccompanied youth who are unstably housed and likely to continue in that state, including families with a child, children or unaccompanied youth who have not had a lease or ownership interest in a housing unit in at least the previous 60 days, have changed housing at least twice in the last 60 days, and who are likely to continue to be unstably housed because of disability or multiple barriers to employment; or

(d) a person who is fleeing or attempting to flee domestic abuse, has no other residence, and lacks the resources or support networks to obtain permanent housing.

(3) "Housing status" means the type and location of housing in which an individual resides or has resided, and the status of having or not having a fixed or regular residence; including, but not limited to:

(a) the status of living or having lived on the street, in a temporary shelter or other temporary residence;

(b) the status of living or having lived in an institution (e.g., a mental health facility, physical health facility, or other institution);

(c) the status of living or having lived in public housing, at a particular address, or in a particular neighborhood; or

(d) the status of being homeless as defined in §7803(1).

(4) "Temporary shelter" means any emergency shelter or transitional housing provided to persons who are homeless.

(5) "Transitional housing" means any facility whose primary purpose is to facilitate the movement of persons who are homeless to permanent housing within a reasonable amount of time (approximately 24 months).

§7804.Declaration of Policy.

It is hereby declared to be the policy of the State to assure to all individuals, regardless of housing status, equal opportunity to live in decent, safe, sanitary, and healthful accommodations anywhere within the State in order that the peace, health, safety, and general welfare of all the inhabitants of the State may be protected and insured.

§7805.Damages and Attorneys' Fees.

In any civil action alleging a violation of this chapter, the court may award appropriate injunctive and declaratory relief, actual damages, and reasonable attorneys' fees and costs to a prevailing plaintiff.

Section 2.This act shall take effect 90 days after its enactment.

SYNOPSIS

This Bill provides persons experiencing homelessness protection from discrimination while on the streets and when seeking access to housing, employment, and temporary shelter as necessary to end their episode of homelessness. This Bill amends Title 6 by adding Chapter 78, "Homeless Persons Bill of Rights", that provides basic legal and civil protections and ensures equal treatment for persons experiencing homelessness in Delaware.