Homeless Person - Shelter

Although federal law provides for emergency shelter for homeless families in most states, there is no federal or constitutional right to shelter. In 1987, the Stewart B. McKinney Homeless Assistance Act (42 U.S.C.A. § 11301) was passed to provide public resources and programs to assist the homeless population. Under the act, the federal government is required to provide underutilized public buildings for use by people who are homeless. In National Law Center v. United States Department of Veterans Affairs, 964 F.2d 1210 (D.C. Cir. 1992), a homeless rights group sought to enforce compliance with the MCKINNEY ACT. The court agreed with the plaintiffs and held that the government must comply with the McKinney Act by allowing homeless people access to underused federal property.

Because the federal courts have refused to recognize a federal constitutional right to shelter, several states have enacted their own laws to recognize such a right. Many of these statutes require that cities provide shelter for people who are homeless, but they do not outline enforcement procedures. Although statutes require state agencies to provide shelter, the agencies often cannot keep up with the demand, citing expense and overcrowding. In Atchison v. District of Columbia, 585 A.2d 150 (D.C. App. 1991), a court imposed daily fines on a shelter for failure to provide services. The level of fines combined with the cost of litigation stimulated the adoption of an emergency act that allowed the agency to provide a shelter program based on the availability of funds.