Homeless laws in California give unhoused people a specific set of rights: constitutional protection against unreasonable seizure of their belongings, guaranteed access to voting and public schools, disability-based access to shelters, and eligibility for state-funded housing programs that cannot require sobriety or treatment as a condition of entry. What those laws no longer do, after a June 2024 U.S. Supreme Court decision, is prevent a city from citing or arresting someone for sleeping outside when no shelter bed is available.
Can a City Make You Move
Yes. Since City of Grants Pass v. Johnson, decided 6–3 on June 28, 2024, enforcing generally applicable laws against camping on public property does not violate the Eighth Amendment.1Supreme Court of the United States. City of Grants Pass v. Johnson, 603 U.S. ___ (2024) That reversed the framework California cities had been operating under since Martin v. City of Boise (2018), which had barred cities from punishing people for sleeping outdoors when they had nowhere else to go.2Justia. Martin v. City of Boise
In practical terms, California cities and counties can now enforce anti-camping ordinances whether or not shelter is available. The Eighth Amendment argument that blocked many sweeps for the past several years is gone. Fourth Amendment and Fourteenth Amendment protections remain intact, and so do state-level rules that limit how a sweep can be carried out.
Notice Rules Before a Sweep
Governor Gavin Newsom signed Executive Order N-1-24 on July 25, 2024, directing state agencies to follow specific procedures when clearing encampments on state property and urging local governments to do the same.3Office of the Governor of California. Executive Order N-1-24 For state-agency sweeps, the order requires:
- A written notice to vacate posted at least 48 hours before removal, unless there is an immediate threat to health, safety, or infrastructure. Even in emergencies, agencies must give as much notice as conditions allow.
- Contact with service providers before the sweep to request outreach for people in the encampment.
- Storage of non-hazardous personal property, labeled, for at least 60 days.
Local governments are encouraged but not required to follow these steps. Many California cities have adopted similar protocols, and some had comparable rules in place before the executive order.
What Happens to Your Belongings
The Fourth Amendment bars unreasonable seizures and the Fourteenth Amendment requires due process before the government takes property. In Lavan v. City of Los Angeles (2012), the Ninth Circuit applied those protections to homeless people’s belongings and set specific rules that remain good law: the city cannot seize unabandoned personal property unless it has an objectively reasonable belief the property is abandoned, poses a public health or safety threat, or is evidence of a crime.4Justia. Lavan v. City of Los Angeles, No. 11-56253
When property is taken, the Lavan injunction requires the city to store it in a secure location for at least 90 days and to leave a notice at the site telling the owner where the property is being held and how to reclaim it.5United States Court of Appeals for the Ninth Circuit. Lavan v. City of Los Angeles The state’s Executive Order N-1-24 sets a 60-day storage minimum for state-run removals.3Office of the Governor of California. Executive Order N-1-24
This is where enforcement often crosses a legal line. Tents, sleeping bags, medication, and identification documents are personal property, not trash. If a sweep destroys those items without notice, or without giving you a chance to retrieve them, that can be a constitutional violation regardless of whether the underlying camping ban was lawful. Grants Pass did not change any of this.
Voting Without a Fixed Address
You do not need a street address to register to vote in California. The Secretary of State’s office allows a person experiencing homelessness to register using the address where they spend most of their time, such as a shelter. If no address exists, you can describe where you sleep using cross streets or a landmark, and the county elections office will assign you to a precinct based on that description.6California Secretary of State. Voters Experiencing Homelessness Fact Sheet You will still need a mailing address to receive your ballot or voter information, which can be a shelter, a P.O. box, or another location where mail can reach you.
Shelter Access and Disability Rights
Emergency shelters operated by government agencies or funded with public money must comply with the Americans with Disabilities Act. That means equal access to sleeping areas, food distribution, restrooms, bathing facilities, and services for people with disabilities. Newer shelters were built to accessibility standards; older ones may rely on temporary measures like portable ramps or accessible cots.7ADA.gov. ADA Best Practices Tool Kit for State and Local Governments – Chapter 7 Addendum 2 – The ADA and Emergency Shelters A shelter cannot turn you away based on a disability alone. It is not required to make changes that would fundamentally alter its operations or impose an undue financial burden.
Separately, California requires state-funded homelessness programs to operate under a Housing First model, established by SB 1380 (2016).8California Legislative Information. California SB 1380 – Homeless Coordinating and Financing Council Under Housing First, programs cannot condition housing on sobriety, participation in treatment, or a minimum income. Services are offered, but they are voluntary. A program that requires you to complete a treatment program or stay sober before you can be housed risks losing its state funding.
School Enrollment for Homeless Children
The federal McKinney-Vento Homeless Assistance Act gives homeless children and youth some of the strongest protections in this area of law. A homeless student must be enrolled in school immediately, even without immunization records, proof of residency, or prior transcripts. Schools cannot delay enrollment while waiting on paperwork.9Office of the Law Revision Counsel. 42 USC Chapter 119 Subchapter VI Part B – Education for Homeless Children and Youths
A student who becomes homeless during the school year has the right to stay at their school of origin instead of transferring. If the family ends up outside the original district’s boundaries, the old and new districts share responsibility for arranging transportation. That right to transportation continues through the end of the school year even if the family finds permanent housing before then.9Office of the Law Revision Counsel. 42 USC Chapter 119 Subchapter VI Part B – Education for Homeless Children and Youths
For college, students who have experienced homelessness and are not living with a parent generally qualify as independent on federal financial aid applications, which usually increases the amount of aid they receive. The California Homeless Youth Project, based at the California State Library’s Research Bureau, carries the policy concerns of unaccompanied homeless youth to state lawmakers.10California State Library. California Homeless Youth Project
Housing Programs You Can Apply For
California funds several programs you may be eligible for, most of them administered locally.
Homeless Housing, Assistance, and Prevention (HHAP)
HHAP is the state’s largest homelessness funding stream. Grants flow to all 58 counties, 14 cities with populations over 300,000, and 44 regional Continuums of Care, and they pay for permanent housing, interim housing, and local intervention programs.11California Department of Housing and Community Development. California Awards $159.3 Million to Prevent and End Homelessness in 20 Regions Across the State Round 7 allocates $500 million in the 2026–27 fiscal year.12California Legislative Analyst’s Office. Overview of HHAP Funding and Accountability Because the money is passed through to local jurisdictions, what HHAP actually pays for where you live depends on your county’s or city’s plan: rapid rehousing in one region, emergency shelter operations in another, prevention assistance in a third.
No Place Like Home
Approved by voters as Proposition 2 in November 2018, No Place Like Home authorizes up to $2 billion in bonds to build and rehabilitate permanent supportive housing for people who are homeless and living with serious mental illness.13California Legislative Analyst’s Office. Proposition 2 Housing comes paired with ongoing mental health services.
HUD-VASH for Veterans
Homeless veterans can access HUD-VASH, which combines a Housing Choice Voucher (Section 8 rental assistance) with VA case management and clinical services. Contact a local VA medical center or the National Homeless Veteran Call Center to start.14U.S. Department of Housing and Urban Development. HUD-Veterans Affairs Supportive Housing (HUD-VASH)
Emergency Solutions Grant
The federal Emergency Solutions Grant funds five activities through state and local recipients: street outreach, emergency shelter operations, homelessness prevention, rapid rehousing, and HMIS data collection. Awards in the 2026 fiscal year range from about $94,000 to over $6.6 million depending on the jurisdiction.15SAM.gov. Emergency Solutions Grant Program
HUD defines homelessness in four categories for eligibility across these programs: literally homeless, at imminent risk of homelessness, homeless under other federal statutes, and fleeing domestic violence.16HUD Exchange. CoC and ESG Homeless Eligibility – Four Categories in the Homeless Definition Which category you fall into affects which programs you qualify for.
Proposals That Are Not Law
Two proposals often come up in discussions of homeless rights in California and are worth flagging so you do not rely on them. The Right to Rest Act, introduced multiple times in the Legislature, would prohibit local governments from penalizing people based on housing status for activities like sitting or resting in public, eating in public, or sleeping in a legally parked vehicle. The California Homeless Bill of Rights is a separate campaign that would codify rights to public space, privacy, and personal property. Neither has been enacted. What is on the books today is what has been described above.