The Binghamton City Council passed legislation last week to include people facing homelessness as a protected group. The resolution adds unhoused people to the city’s anti-discrimination laws. Those laws already ban discrimination based on a variety of identities, including age, race, gender, religion, height and weight.
The legislation prohibits local institutions, landlords and employers from denying services to residents because of their housing status. It was submitted in early May by Rebecca Rathmell, a housing advocate who is running for city council’s 6th District seat.
Rathmell said people living in emergency housing or on the street are denied health care, housing or employment because of their housing status. For example, she said some landlords and employers notice if a person does not have a permanent address or is staying in temporary housing and automatically deny their application.
“We see that every single week, multiple agencies have reported that kind of discrimination,” Rathmell said. “But without unhoused status being included, not only does that individual have no recourse when they're attempting to access housing, but that further inhibits their opportunity to exit the situation that they're in.”
The language to be added to the city's human rights law prohibits employers and landlords from denying applications due to a lack of a permanent address or an address at a shelter or social services motel.
The legislation also prohibits local health care institutions from refusing emergency medical care, unlawfully discharging an individual from a hospital, and disclosing a person’s records to public or private entities without legal authority.
It prohibits the city from impeding “an individual from the use of and free movement in public spaces, including but not limited to public sidewalks, public parks and green spaces, public transportation and public buildings, in the same manner as any other person.”
The legislation also prohibits the city from infringing upon “an individual’s protection from unreasonable search and seizure as protected by the Fourth Amendment.”
‘If you don’t have a permanent address, you can still apply to college’
Democratic Council President Hadassah Mativetsky said the law would mean people living on the street, in motels or in shelters can still apply for jobs, housing and education.
“If you don't have a permanent address, you can still apply to go to college. It does not magically legalize ripping open bags and leaving trash on someone else's property. It does not legalize people sleeping on someone's front porch. It does not force businesses to open up their best bathrooms to non-customers,” Mativestksy said.
Council Member Mike Dundon, a Democrat, said the legislation would give homeless residents local protection and recourse from discrimination.
“No American citizen should be discriminated against. Now, whether it's the Constitution or our own local law, it's only as good as it's enforced,” Dundon said. “The nice thing about us putting this in our local law, in our chapter, it gives the community, whether it's residents or community groups, when these people's rights are infringed upon, they actually have something to do.”
The resolution passed by a 6-1 vote along party lines. The only council member opposing it was Republican Mike Kosty.
“This law does absolutely nothing to help homeless people,” Kosty said. “Every American is protected under the Constitution, no matter their background. And I think it's time this council stop proposing feel-good legislation. We need to get back to work, find the root of the problem.”
Initial pushback from mayor
Binghamton Mayor Jared Kraham, a Republican, initially pushed back against the legislation, arguing it would hamper the city’s efforts to clear homeless encampments and temporary shelters.
But Wednesday, he said during a press conference that new amendments to the language of the resolution had addressed some of his concerns.
“The new language does not affect the city's ability to clear homeless encampments or deal with the quality of life issues downtown or in neighborhoods, issues that the police department, parks, DPW, have to deal with so often,” Kraham said. “The aspects of the original legislation we spoke out so strongly against are gone.”
Kraham did not say whether he would sign or veto the legislation.
The language in the passed resolution does differ in some ways from an earlier version.
For example, the amended language removes the words “private entity” from the list of institutions specifically prohibited from infringing on an unhoused person’s Fourth Amendment rights. It also states that the new human rights law cannot supersede state, local or federal laws.
Rathmell said these changes were only for clarification, and don’t change the substance or purpose of the proposed law. She said she submitted the legislation assuming its language would be revised in collaboration with the city.
‘Best first step’
Several states across the country have introduced “homeless bill of rights” laws, including Rhode Island, Connecticut and Illinois. New York City also has legislation that attempts to protect people dealing with homelessness from discrimination.
The city council’s vote comes at a divisive time for municipalities attempting to address homelessness. The Supreme Court ruled in June that cities can ban people for sleeping and camping in public places. The 6-3 decision overturned lower court rulings deeming it cruel and unusual to punish people for sleeping outside if shelters are full.
Eric Tars, senior policy director at the National Homelessness Law Center, a legal advocacy organization, wrote to city council in July, urging members to pass the legislation.
“The best, most cost-effective and permanent strategy is to ensure that all who are unsheltered have access to a safe place to live,” Tars said. “In the meantime, the best first step is for Binghamton to, at a minimum, ensure that those who are currently unhoused have protections against further harms from discrimination that will make it harder for them to exit homelessness.”