Bill Text: MI SB0084 | 2017-2018 | 99th Legislature | Introduced
Bill Title: Housing; homeless; homeless bill of rights; provide for. Creates new act.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-02-01 - Referred To Committee On Local Government [SB0084 Detail]
Download: Michigan-2017-SB0084-Introduced.html
SENATE BILL No. 84
February 1, 2017, Introduced by Senator JOHNSON and referred to the Committee on Local Government.
A bill to establish a bill of rights for the homeless; and to
provide a remedy for violation of those rights.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. This act shall be known and may be cited as the "bill
of rights for the homeless act".
Sec. 2. It is the long-standing policy of this state that an
individual should not 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 his or her homeless
status. Many individuals are homeless as a result of economic
hardship, a severe shortage of safe and affordable housing, and a
shrinking social safety net. In particular, youth aged 13 to 15 and
young adults aged 16 to 23 often suffer from deprivation because
they are homeless or perceived as being homeless. It is the intent
of this act to lessen the adverse effects and conditions caused by
the lack of a residence or a home.
Sec. 3. (1) An individual's rights, privileges, or access to
public services shall not be denied or abridged solely because he
or she is homeless or perceived as being homeless. An individual
who is homeless shall be granted the same rights and privileges as
any other citizen of this state. An individual experiencing
homelessness has all of the following rights:
(a) 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 his
or her housing status.
(b) The right to equal treatment by all state and municipal
agencies, without discrimination on the basis of housing status.
(c) The right to freedom from discrimination in employment
because of the lack of a permanent mailing address or having a
mailing address that is a shelter or social service provider.
(d) The right to emergency medical care free from
discrimination based on housing status.
(e) If the individual is a United States citizen, the right to
vote, register to vote, and receive documentation necessary to
prove identity for voting without discrimination due to housing
status.
(f) The right to protection from disclosure to state,
municipal, or private entities without appropriate legal authority
of his or her records or information that was provided to a
homeless shelter or service provider; and the right to
confidentiality of personal records and information in accordance
with all limitations on disclosure established by requirements
under a federal homeless management information system, the health
insurance portability and accountability act of 1996, Public Law
104-191, or the violence against women act of 1994, Public Law 103-
322.
(g) The right to a reasonable expectation of privacy in his or
her personal property to the same extent as personal property in a
permanent residence.
(h) The right, if a homeless youth, to be enrolled in school
without delay or discrimination because of housing status.
(2) As used in this section, "housing status" means 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.
Sec. 4. 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.
Enacting section 1. This act takes effect 90 days after the
date it is enacted into law.
