HB 55 — AN ACT TO AMEND TITLE 6 AND TITLE 31 OF THE DELAWARE CODE RELATING TO INDIVIDUALS WHO ARE HOMELESS.

Summary

This Act is the Bill of Rights for Individuals Experiencing Homelessness to ensure that all individuals, regardless of housing status, have equal opportunity to live in decent, safe, sanitary, and healthful accommodations and enjoy equality of opportunities. To that end, this Act sets forth the rights of individuals experiencing homelessness and creates a process by which the State Human and Civil Rights Commission and the Division of Human and Civil Rights may accept and investigate complaints of discriminatory treatment, attempt conciliation, and refer enforcement actions to the Department of Justice where necessary. This Substitute differs from the original House Bill No. 55 in that it expands the definition of “individuals experiencing homelessness” to include those who may be staying with different friends or family without a permanent home and it eliminates a reference to voting rights, since such rights are addressed elsewhere in the Code.

Bill Text

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The bill establishes a 'Bill of Rights for Individuals Experiencing Homelessness' in Delaware, ensuring equal rights and protections for homeless individuals.

• Title 6 of the Delaware Code

  Chapter 45A. Bill of Rights for Individuals Experiencing Homelessness.

  This introduces a new chapter specifically addressing the rights of homeless individuals.

• § 4502A

  The policy of this State is to assure that all individuals, regardless of housing status, have equal opportunity to live in decent, safe, sanitary, and healthful accommodations anywhere within the State.

  This establishes a policy ensuring equal opportunities in housing for all individuals.

• § 4504A

  An individual’s rights, privileges, and access to public services may not be denied or abridged solely because the individual is an individual experiencing homelessness.

  This protects the rights and privileges of homeless individuals in accessing public services.

• § 4504A

  An individual experiencing homelessness has all of the following rights: To use and move freely in public spaces, including public sidewalks, public parks, public transportation, and public buildings, in the same manner as any other individual and without discrimination on the basis of the individual’s housing status.

  This guarantees the right for homeless individuals to access public spaces without discrimination.

• § 4504A

  Not to face discrimination by a State, county, or municipal agency.

  This prohibits discrimination against homeless individuals by government agencies.

• § 4504A

  Not to face discrimination while seeking or maintaining housing due to the individual’s lack of a permanent address, the individual’s address being that of a shelter or social service provider, or the individual’s housing status.

  This ensures that homeless individuals cannot be discriminated against in housing applications.

• § 4504A

  The same reasonable expectation of privacy in the individual’s personal property while residing in temporary shelter as an individual residing in a permanent residence.

  This upholds the privacy rights of homeless individuals regarding their personal property.

• § 4504A

  To occupy a motor vehicle or recreational vehicle, provided that the vehicle is legally parked on public property.

  This grants homeless individuals the right to use parked vehicles as a form of shelter.

• § 4504A

  To pray, meditate, worship, or practice religion in a public space without discrimination based on housing status.

  This reinforces the freedom of religion for homeless individuals in public spaces.

• § 4504A

  To eat, drink, share, accept, or give food and non-alcoholic beverages in a public space in which having food and beverages is not prohibited.

  This protects the rights of homeless individuals to consume food and beverages in public.

• § 4505A

  The Commission shall implement any of the provisions of this chapter that are not expressly vested in another entity.

  This grants the Commission authority to implement and enforce the new rights established.

• § 4506A

  The Commission may, in accordance with the Administrative Procedures Act [Chapter 101 of Title 29], adopt regulations concerning all of the following: The way in which complaints must be investigated.

  This allows the Commission to create rules for handling complaints related to violations of the new rights.

• § 4506A

  The way in which public hearings must be conducted.

  This ensures transparent procedures for public hearings related to homelessness issues.

• § 4507A

  The Commission and the Division may conduct educational activities and conferences to further the purposes of this chapter.

  This enables educational outreach regarding the rights of homeless individuals.

Action History

1. March 27, 2024

   Not Worked in Committee

2. March 21, 2024

   Adopted in lieu of the original bill HB 55, and Assigned to Judiciary Committee in House

Sponsors

• Madinah Wilson-Anton · Primary
• Cyndie Romer · Primary
• Eric Morrison · Primary
• Spiros Mantzavinos · Primary
• Darius J. Brown · Primary
• Bryan Townsend · Primary
• Marie Pinkney · Primary
• Sean M. Lynn · Primary
• Sophie Phillips · Primary
• Sherry Dorsey Walker · Primary
• Peter C. Schwartzkopf · Primary
• Paul S. Baumbach · Primary
• Sarah McBride · Primary

Subjects