Ren Art 10 §§100 & 101 to be Art 11 §§110 & 111, add Art 10 §§100 - 104, Civ Rts L
Establishes a bill of rights for the unhoused; provides that no person shall be denied certain rights because of a state of homelessness nor shall such persons be harassed, cited, fined, or arrested by law enforcement, security personnel, public employees, or private citizens for the exercise of certain rights; describes rights; provides for a bill of benefits of the unhoused for the free provision of a postal address and the right to juridical services to ensure protection from the violation of their protected rights; requires the office of temporary and disability assistance to create a pamphlet of such rights; makes related provisions.
STATE OF NEW YORK
________________________________________________________________________
4885
2025-2026 Regular Sessions
IN SENATE
February 13, 2025
___________
Introduced by Sen. COMRIE -- read twice and ordered printed, and when
printed to be committed to the Committee on Codes
AN ACT to amend the civil rights law, in relation to establishing a bill
of rights for unhoused persons
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Short title. This act shall be known and may be cited as
2 the "bill of rights of the unhoused".
3 § 2. Article 10 and sections 100 and 101 of the civil rights law, as
4 renumbered by chapter 263 of the laws of 2019, are renumbered article 11
5 and sections 110 and 111, and a new article 10 is added to read as
6 follows:
7 ARTICLE 10
8 BILL OF RIGHTS OF THE UNHOUSED
9 Section 100. Definitions.
10 101. Bill of rights of the unhoused.
11 102. Bill of benefits of the unhoused.
12 103. Mechanisms.
13 104. Remedies.
14 § 100. Definitions. For the purposes of this title, the following
15 terms shall have the following meanings:
16 1. "Homeless" shall mean an undomiciled household which is unable to
17 secure permanent and habitable housing without special assistance,
18 including but not limited to households temporarily residing in emergen-
19 cy shelters, transitional facilities, hotels/motels, or substandard
20 conditions.
21 2. "Household" shall mean a single individual or family, including
22 couples without dependent children.
23 § 101. Bill of rights of the unhoused. No person shall have the
24 following rights denied or abridged as the result of their being in a
25 state of homelessness, nor shall they be harassed, cited, fined, or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09610-01-5
S. 4885 2
1 arrested by law enforcement, security personnel, public employees, or
2 private citizen for the exercise of the following rights:
3 (a) the right to use of and free movement in public spaces including
4 sidewalks, parks, transportation services, and buildings without harass-
5 ment or intimidation from law enforcement officers;
6 (b) the right to receive medical and dental care for preventative,
7 clinical, rehabilitative, interventional, and emergency purposes,
8 including care intended to maintain or improve mental hygiene, or
9 intended to assist in escape from addiction or treat conditions related
10 to substance abuse;
11 (c) the right to occupy a legally owned motor vehicle or recreational
12 vehicle legally parked on public property;
13 (d) the right to solicit, share, accept, or offer food, drink, money,
14 or other donations in public spaces;
15 (e) the right to vote at their local polling place, to register to
16 vote, and to receive documentation necessary to prove identity for
17 voting without discrimination due to the lack of a permanent address;
18 (f) the right not to face discrimination while seeking housing due to
19 the lack of a permanent address;
20 (g) the right to have their records and personal information protected
21 from disclosure without appropriate legal authority, including informa-
22 tion provided to homeless shelters and service providers to state,
23 municipal, and private entities, in accordance with limitations on
24 disclosure established in all other federal and state laws regulating
25 personal information;
26 (h) the right to reasonable privacy in their personal property while
27 residing in temporary shelter or a public space to the same extent as
28 would apply to personal property in a permanent residence; inasmuch as
29 this right does not prohibit reasonable searches pursuant of posted
30 rules or conducted in accordance with the law;
31 (i) the right to equal treatment by state and municipal agencies,
32 including but not limited to public libraries, police, public transport
33 agencies, emergency medical services, county, city, town and village
34 halls and the state offices, agencies or departments;
35 (j) the right not to face discrimination while seeking or maintaining
36 employment due to the lack of a permanent mailing address, or due to
37 their mailing address being that of a shelter or social service provid-
38 er, or otherwise due to the knowledge of belief that they are experienc-
39 ing homelessness; and
40 (k) the right to receive protection from law enforcement officers
41 against any mistreatment, abuse, threats, or debasing or discriminatory
42 acts.
43 § 102. Bill of benefits of the unhoused. Persons experiencing home-
44 lessness are also assured the right to the following benefits and
45 services:
46 (a) the right to free provision of a postal address; and
47 (b) the right to access to juridical services to ensure protection
48 from the violation of any of their protected rights;
49 § 103. Mechanisms. 1. A pamphlet detailing the above rights and bene-
50 fits shall be made available online by the office of temporary and disa-
51 bility assistance in English and the eight most common non-English
52 languages spoken by individuals with limited-English proficiency in New
53 York state as based on the most recent census. Designated shelters for
54 the homeless as defined by section 41.47 of the mental hygiene law,
55 drop-in centers as defined by section 21-145 of the administrative code
56 of the city of New York, and transitional housing services shall
S. 4885 3
1 distribute this pamphlet in the appropriate language to the persons to
2 whom they provide services.
3 2. The division of human rights shall oversee the provision of legal
4 services to those persons experiencing homelessness or having experi-
5 enced homelessness in the past in regard to potential violations of the
6 rights and benefits prescribed in this article.
7 § 104. Remedies. Any person or entity aggrieved by a violation of the
8 protections created by this article shall have the right to bring an
9 action or special proceeding in a court of appropriate jurisdiction to
10 seek damages and/or declaratory and injunctive relief or any other reme-
11 dies as provided by law with respect to such violation. A prevailing
12 plaintiff may be entitled to an award of costs and attorney's fees.
13 § 3. This act shall take effect on the ninetieth day after it shall
14 have become a law.
