Senate Bill S4885

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4885
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             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:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "bill of rights of the unhoused".
   § 2. Article 10 and sections 100 and 101 of the civil rights  law,  as
 renumbered by chapter 263 of the laws of 2019, are renumbered article 11
 and  sections  110  and  111,  and  a new article 10 is added to read as
 follows:
                                ARTICLE 10
                      BILL OF RIGHTS OF THE UNHOUSED
 SECTION 100. DEFINITIONS.
         101. BILL OF RIGHTS OF THE UNHOUSED.
         102. BILL OF BENEFITS OF THE UNHOUSED.
         103. MECHANISMS.
         104. REMEDIES.
   § 100. DEFINITIONS. FOR THE PURPOSES  OF  THIS  TITLE,  THE  FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1.  "HOMELESS"  SHALL MEAN AN UNDOMICILED HOUSEHOLD WHICH IS UNABLE TO
 SECURE PERMANENT  AND  HABITABLE  HOUSING  WITHOUT  SPECIAL  ASSISTANCE,
 INCLUDING BUT NOT LIMITED TO HOUSEHOLDS TEMPORARILY RESIDING IN EMERGEN-
 CY  SHELTERS,  TRANSITIONAL  FACILITIES,  HOTELS/MOTELS,  OR SUBSTANDARD
 CONDITIONS.
   2. "HOUSEHOLD" SHALL MEAN A SINGLE  INDIVIDUAL  OR  FAMILY,  INCLUDING
 COUPLES WITHOUT DEPENDENT CHILDREN.
   § 101. BILL  OF  RIGHTS  OF  THE  UNHOUSED.  NO  PERSON SHALL HAVE THE
 FOLLOWING RIGHTS DENIED OR ABRIDGED AS THE RESULT OF THEIR  BEING  IN  A
 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
 
 ARRESTED BY LAW ENFORCEMENT, SECURITY PERSONNEL,  PUBLIC  EMPLOYEES,  OR
 PRIVATE CITIZEN FOR THE EXERCISE OF THE FOLLOWING RIGHTS:
   (A)  THE  RIGHT TO USE OF AND FREE MOVEMENT IN PUBLIC SPACES INCLUDING
 SIDEWALKS, PARKS, TRANSPORTATION SERVICES, AND BUILDINGS WITHOUT HARASS-
 MENT OR INTIMIDATION FROM LAW ENFORCEMENT OFFICERS;
   (B) THE RIGHT TO RECEIVE MEDICAL AND  DENTAL  CARE  FOR  PREVENTATIVE,
 CLINICAL,   REHABILITATIVE,   INTERVENTIONAL,  AND  EMERGENCY  PURPOSES,
 INCLUDING CARE INTENDED  TO  MAINTAIN  OR  IMPROVE  MENTAL  HYGIENE,  OR
 INTENDED  TO ASSIST IN ESCAPE FROM ADDICTION OR TREAT CONDITIONS RELATED
 TO SUBSTANCE ABUSE;
   (C) THE RIGHT TO OCCUPY A LEGALLY OWNED MOTOR VEHICLE OR  RECREATIONAL
 VEHICLE LEGALLY PARKED ON PUBLIC PROPERTY;
   (D)  THE RIGHT TO SOLICIT, SHARE, ACCEPT, OR OFFER FOOD, DRINK, MONEY,
 OR OTHER DONATIONS IN PUBLIC SPACES;
   (E) THE RIGHT TO VOTE AT THEIR LOCAL POLLING  PLACE,  TO  REGISTER  TO
 VOTE,  AND  TO  RECEIVE  DOCUMENTATION  NECESSARY  TO PROVE IDENTITY FOR
 VOTING WITHOUT DISCRIMINATION DUE TO THE LACK OF A PERMANENT ADDRESS;
   (F) THE RIGHT NOT TO FACE DISCRIMINATION WHILE SEEKING HOUSING DUE  TO
 THE LACK OF A PERMANENT ADDRESS;
   (G) THE RIGHT TO HAVE THEIR RECORDS AND PERSONAL INFORMATION PROTECTED
 FROM  DISCLOSURE WITHOUT APPROPRIATE LEGAL AUTHORITY, INCLUDING INFORMA-
 TION PROVIDED TO HOMELESS  SHELTERS  AND  SERVICE  PROVIDERS  TO  STATE,
 MUNICIPAL,  AND  PRIVATE  ENTITIES,  IN  ACCORDANCE  WITH LIMITATIONS ON
 DISCLOSURE ESTABLISHED IN ALL OTHER FEDERAL AND  STATE  LAWS  REGULATING
 PERSONAL INFORMATION;
   (H)  THE  RIGHT TO REASONABLE PRIVACY IN THEIR PERSONAL PROPERTY WHILE
 RESIDING IN TEMPORARY SHELTER OR A PUBLIC SPACE TO THE  SAME  EXTENT  AS
 WOULD  APPLY  TO PERSONAL PROPERTY IN A PERMANENT RESIDENCE; INASMUCH AS
 THIS RIGHT DOES NOT PROHIBIT  REASONABLE  SEARCHES  PURSUANT  OF  POSTED
 RULES OR CONDUCTED IN ACCORDANCE WITH THE LAW;
   (I)  THE  RIGHT  TO  EQUAL  TREATMENT BY STATE AND MUNICIPAL AGENCIES,
 INCLUDING BUT NOT LIMITED TO PUBLIC LIBRARIES, POLICE, PUBLIC  TRANSPORT
 AGENCIES,  EMERGENCY  MEDICAL  SERVICES,  COUNTY, CITY, TOWN AND VILLAGE
 HALLS AND THE STATE OFFICES, AGENCIES OR DEPARTMENTS;
   (J) THE RIGHT NOT TO FACE DISCRIMINATION WHILE SEEKING OR  MAINTAINING
 EMPLOYMENT  DUE  TO  THE  LACK OF A PERMANENT MAILING ADDRESS, OR DUE TO
 THEIR MAILING ADDRESS BEING THAT OF A SHELTER OR SOCIAL SERVICE  PROVID-
 ER, OR OTHERWISE DUE TO THE KNOWLEDGE OF BELIEF THAT THEY ARE EXPERIENC-
 ING HOMELESSNESS; AND
   (K)  THE  RIGHT  TO  RECEIVE  PROTECTION FROM LAW ENFORCEMENT OFFICERS
 AGAINST ANY MISTREATMENT, ABUSE, THREATS, OR DEBASING OR  DISCRIMINATORY
 ACTS.
   § 102. BILL  OF  BENEFITS  OF THE UNHOUSED. PERSONS EXPERIENCING HOME-
 LESSNESS ARE ALSO ASSURED  THE  RIGHT  TO  THE  FOLLOWING  BENEFITS  AND
 SERVICES:
   (A) THE RIGHT TO FREE PROVISION OF A POSTAL ADDRESS; AND
   (B)  THE  RIGHT  TO  ACCESS TO JURIDICAL SERVICES TO ENSURE PROTECTION
 FROM THE VIOLATION OF ANY OF THEIR PROTECTED RIGHTS;
   § 103. MECHANISMS. 1. A PAMPHLET DETAILING THE ABOVE RIGHTS AND  BENE-
 FITS SHALL BE MADE AVAILABLE ONLINE BY THE OFFICE OF TEMPORARY AND DISA-
 BILITY  ASSISTANCE  IN  ENGLISH  AND  THE  EIGHT MOST COMMON NON-ENGLISH
 LANGUAGES SPOKEN BY INDIVIDUALS WITH LIMITED-ENGLISH PROFICIENCY IN  NEW
 YORK  STATE  AS BASED ON THE MOST RECENT CENSUS. DESIGNATED SHELTERS FOR
 THE HOMELESS AS DEFINED BY SECTION 41.47  OF  THE  MENTAL  HYGIENE  LAW,
 DROP-IN  CENTERS AS DEFINED BY SECTION 21-145 OF THE ADMINISTRATIVE CODE
 OF THE CITY  OF  NEW  YORK,  AND  TRANSITIONAL  HOUSING  SERVICES  SHALL
 S. 4885                             3
 
 DISTRIBUTE  THIS  PAMPHLET IN THE APPROPRIATE LANGUAGE TO THE PERSONS TO
 WHOM THEY PROVIDE SERVICES.
   2.  THE  DIVISION OF HUMAN RIGHTS SHALL OVERSEE THE PROVISION OF LEGAL
 SERVICES TO THOSE PERSONS EXPERIENCING HOMELESSNESS  OR  HAVING  EXPERI-
 ENCED  HOMELESSNESS IN THE PAST IN REGARD TO POTENTIAL VIOLATIONS OF THE
 RIGHTS AND BENEFITS PRESCRIBED IN THIS ARTICLE.
   § 104. REMEDIES. ANY PERSON OR ENTITY AGGRIEVED BY A VIOLATION OF  THE
 PROTECTIONS  CREATED  BY  THIS  ARTICLE SHALL HAVE THE RIGHT TO BRING AN
 ACTION OR SPECIAL PROCEEDING IN A COURT OF APPROPRIATE  JURISDICTION  TO
 SEEK DAMAGES AND/OR DECLARATORY AND INJUNCTIVE RELIEF OR ANY OTHER REME-
 DIES  AS  PROVIDED  BY  LAW WITH RESPECT TO SUCH VIOLATION. A PREVAILING
 PLAINTIFF MAY BE ENTITLED TO AN AWARD OF COSTS AND ATTORNEY'S FEES.
   § 3. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.