PRINTER'S NO. 2233
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1664
Session of
2017
INTRODUCED BY MURT, FITZGERALD, V. BROWN, CALTAGIRONE, DEAN,
KINSEY, ROEBUCK, SCHLOSSBERG AND THOMAS, JULY 19, 2017
REFERRED TO COMMITTEE ON URBAN AFFAIRS, JULY 19, 2017
AN ACT
Providing for the rights and privileges of homeless persons.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Bill of
Rights for the Homeless Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Homeless." The term shall have the same meaning as in 42
U.S.C. ยง 11302 (relating to general definition of homeless
individual).
"Housing status." The status of having or not having a fixed
or regular residence, including the status of living on the
streets, in a shelter or in a temporary residence.
Section 3. Legislative intent.
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The following shall apply:
(1) It is the long-standing policy of this Commonwealth
that no individual should suffer unnecessarily from cold or
hunger, be deprived of shelter, or the basic rights incident
to shelter, or be subject to unfair discrimination based on
the individual's homeless status.
(2) At the present time, many individuals have been
rendered homeless as a result of economic hardship, a severe
shortage of safe and affordable housing and a shrinking
social safety net.
(3) It is the intent of the General Assembly to lessen
the adverse effects and conditions caused by the lack of
residence or a home.
Section 4. Rights afforded to homeless individuals.
No individual's rights, privileges or access to public
services may be denied or abridged solely because the individual
is homeless. A homeless individual shall be granted the same
rights and privileges as other residents of this Commonwealth. A
homeless individual has the following rights:
(1) 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 individual and without
discrimination on the basis of the individual's housing
status.
(2) The right to equal treatment by all State and local
government agencies, without discrimination on the basis of
housing status.
(3) The right not to face discrimination while
maintaining employment due to the individual's lack of
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permanent mailing address or due to the fact that the mailing
address given by the individual is for a shelter or social
service provider.
(4) The right to emergency medical care free from
discrimination based on the individual's housing status.
(5) The right to vote, register to vote and receive
documentation necessary to prove the identity for voting
without discrimination due to the individual's housing
status.
(6) The right to protection from disclosure of the
individual's records and information provided to homeless
shelters and social service providers to State, local and
private entities without appropriate legal authority.
(7) The right to confidentiality of personal records and
information in accordance with all limitations on disclosure
established by the following:
(i) Federal Homeless Management Information Systems.
(ii) The Health Insurance Portability and
Accountability Act of 1996 (Public Law 104-191, 110 Stat.
1936).
(iii) The Violence Against Women Act of 1994 (Title
IV of Public Law 103-322, 108 Stat. 1902).
(8) The right to a reasonable expectation of privacy in
the individual's personal property to the same extent as
personal property in a permanent residence.
Section 5. Damages and attorney fees.
In a civil action alleging a violation of this act, the court
may award appropriate injunctive and declaratory relief, actual
damages and reasonable attorney fees and costs to a prevailing
plaintiff.
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Section 6. Effective date.
This act shall take effect in 60 days.
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