Bill Text: NJ A5422 | 2018-2019 | Regular Session | Introduced
Bill Title: "Homeless Bill of Rights."
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-05-20 - Introduced, Referred to Assembly Human Services Committee [A5422 Detail]
Download: New_Jersey-2018-A5422-Introduced.html
Sponsored by:
Assemblywoman BRITNEE N. TIMBERLAKE
District 34 (Essex and Passaic)
SYNOPSIS
"Homeless Bill of Rights."
CURRENT VERSION OF TEXT
As introduced.
An Act concerning discrimination against the homeless and supplementing P.L.1945, c.169 (C.10:5-1 et seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. This act shall be known and may be cited as the "Homeless Bill of Rights."
2. The Legislature finds and declares that:
a. Many persons have been rendered homeless as a result of economic hardship, a severe shortage of safe and affordable housing, and a shrinking social safety net.
b. Article I, paragraph 1 of the New Jersey Constitution states that "(a)ll persons are by nature free and independent, and have certain natural and unalienable rights, among which are those of enjoying and defending life and liberty, of acquiring, possessing, and protecting property, and of pursuing and obtaining safety and happiness."
c. Concordant with this fundamental belief, no person should suffer unnecessarily or be subject to unfair discrimination based on his or her homeless status. It is the intent of the Legislature to ameliorate the adverse effects visited upon individuals and our communities when the State's residents lack a home.
3. As used in P.L. , c. (C. ) (pending before the Legislature as this bill), "housing status" means the status of having, or not having, a fixed or regular residence, including the status of living on the streets, or in a homeless shelter, or similar temporary residence.
4. A person's rights, privileges, or access to public services shall not be denied or abridged solely because the person is homeless. A homeless person shall be granted the same rights and privileges as any other resident of this State. A person experiencing homelessness has:
a. 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 the person's housing status;
b. the right to equal treatment by all State and municipal agencies, without discrimination on the basis of housing status;
c. the right not to face discrimination while seeking or maintaining employment due to the lack of a permanent mailing address, or the person's mailing address being that of a shelter or social service provider because of the person's housing status;
d. the right to emergency medical care free from discrimination based on the person's housing status;
e. the right to vote, register to vote, and receive documentation necessary to provide identity for voting without discrimination due to the person's housing status;
f. the right to protection from disclosure of records and information provided to homeless shelters and service providers to State, municipal and private entities, without appropriate legal authority; and the right to confidentiality of personal records and information in accordance with all limitations and disclosure established by the federal Homeless Management Information System, the "Health Insurance Portability and Accountability Act of 1996," Pub.L.104-191, and the "Violence Against Women Act of 1994" Pub.L.103-122;
g. the right to a reasonable expectation of privacy in the person's personal property to the same extent as personal property in a permanent residence; and
h. the right to enter a homeless shelter while in the possession of a service dog as defined in the "Law Against Discrimination," P.L.1945, c.169 (C.10:5-1 et seq.).
5. In any civil action alleging a violation of P.L. , c. (C. ) (pending before the Legislature as this bill), a court may award appropriate injunctive and declaratory relief, actual damages, and reasonable attorneys' fees and costs to a prevailing plaintiff.
6. This act shall take effect immediately.
STATEMENT
This bill would establish the "Homeless Bill of Rights." The purpose of this Bill of Rights is to ensure that no person should suffer unnecessarily or be subject to unfair discrimination based on his or her homeless status.
The bill establishes the following rights to be afforded to all persons experiencing homelessness:
· 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 the person's housing status;
· the right to equal treatment by all State and municipal agencies, without discrimination on the basis of housing status;
· the right not to face discrimination while seeking or maintaining employment due to the lack of permanent mailing address, or their mailing address being that of a shelter or social service provider because of the person's housing status;
· the right to emergency medical care free from discrimination based on the person's housing status;
· the right to vote, register to vote, and receive documentation necessary to provide identity for voting without discrimination due to the person's housing status;
· the right to protection from disclosure of records and information provided to homeless shelters and service providers to State, municipal and private entities, without appropriate legal authority; and the right to confidentiality of personal records and information in accordance with all limitations and disclosure established by the federal Homeless Management Information System, the "Health Insurance Portability and Accountability Act of 1996," Pub.L.104-191, and the "Violence Against Women Act of 1994," Pub.L.103-122;
· the right to a reasonable expectation of privacy in the person's personal property to the same extent as personal property in a permanent residence; and
· the right to enter a homeless shelter while in the possession of a service dog as defined in the "Law Against Discrimination," P.L.1945, c.169 (C.10:5-1 et seq.).
The bill provides that a prevailing plaintiff in any civil action alleging a violation of the provisions of this bill may be awarded appropriate injunctive and declaratory relief, actual damages, and reasonable attorneys' fees and costs.
