Faith organization homeless hosting bill passes

New limitations on how a city can regulate homeless encampments on religious organization property has passed the Senate.

State and federal law already significantly restrict a local jurisdiction from impeding a religious organization in fulfilling its mission to help the homeless. And now, HB 1754, adds several new prescriptive restrictions on the ability of counties, cities, and towns to regulate outdoor encampments, safe parking efforts, indoor overnight shelters, and temporary small houses on property owned or controlled by a religious organization.

These new limitations do not affect policies, ordinances, memoranda of understanding, or consent decrees that:

• Existed before the effective date of the bill;
• Do not categorically prohibit the hosting of the homeless by religious organizations; and
• Have not been previously ruled by a court to violate the relevant federal law—Religious Land Use and Institutionalized Persons Act (RLUIPA).

In addition, amendments to such policies, ordinances, memoranda of understanding, or consent decrees that occur after the effective date of the bill are also not affected by the new limitations if they do not categorically prohibit hosting of the homeless or violate RLUIPA.

HB 1754 regulates how long hosted sites can remain, how often they can return to the same site, limits restrictions on safe parking, tiny houses, and indoor shelter spaces that lack fire sprinklers or other fire-safety provisions. The bill does allow local jurisdictions to require a hosting organization to enter into a memorandum of understanding to protect public health and safety; but prescribes what the agreement must include.

HB 1754 also authorizes local jurisdictions to perform checks for sex offenders, but the hosting organization has the authority to allow the offender to remain on site. Finally, the bill requires any hosted site to have a public meeting prior to hosting, and notify the city, unless in response to an emergency. The city is then required to notify the public.

Because HB 1754 was amended as it passed through the Senate, it must return to the House for concurrence on the changes. It then heads to the Governor’s desk for signature.