 
                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.
Establishes a bill of rights for the unhoused

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