
Federal Lawsuit Warns CA Cities & Counties on Homeless Policies

A federal lawsuit against the City of Los Angeles prompts California agencies to reevaluate their policies addressing the unhoused to balance their and their residents’ needs.
In light of a federal lawsuit against the City of Los Angeles and its police department, there is a growing call for California cities and counties to take cautionary measures regarding their policies addressing the unhoused. The lawsuit, filed by a property owner, claims that the City’s method of relocating homeless encampments to private properties has caused property damage and financial losses for neighboring property owners.
“Specifically, Plaintiff [property owner] alleges that the City has physically relocated unhoused individuals to and around nine of his properties and “informed them they had the legal right to remain there.” The City’s relocation actions have allegedly led unhoused individuals to set up encampments near Plaintiff’s properties that “block the free flow of vehicular and pedestrian traffic” to his properties. Plaintiff alleges that the City’s relocation actions have created so-called “lawless zones,” in which unhoused individuals have trespassed on, committed numerous other crimes on, and damaged Plaintiffs’ properties without government intervention. In effect, Plaintiff claims that the City’s relocation actions have created “life-threatening conditions” to Plaintiff and his tenants; interfered with the “use and enjoyment of Plaintiff’s property”; and “materially and substantially diminished the economic value of Plaintiff’s property.”
This lawsuit serves as a crucial reminder for cities and counties to reassess their strategies for managing relocation efforts for the unhoused. Agencies must develop policies that not only address the needs of an agency and the unhoused but also factors in residents. The potential for significant legal repercussions regarding an agency’s policies, practices, and even codes has increased.
Despite the City of Los Angeles and its police department’s efforts to have the case dismissed, the Federal Judge refused to throw out the lawsuit early. The property owner who filed the lawsuit met the minimum requirements to keep the lawsuit alive.
“California cities and counties must remain vigilant as they navigate this complex landscape. The outcomes of this lawsuit could shape future policies and practices concerning homeless outreach in the state. We encourage local agencies to examine what they do, and if needed, explore alternative solutions to avoid liability and exposure.”
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Legal Disclaimer
This blog provides updates and insight into current municipal law and is not intended as legal advice. For specific legal counsel or advice, contact an experienced code enforcement attorney like Civica Law.