Advocacy

Litigation to fight homelessness and defend rights.

The leading cause of homelessness is the lack of affordable housing. In no part of the United States can a full time worker earn enough money to afford housing. Only 1 in 4 of those poor enough to qualify for housing assistance receives it due to drastic funding cuts that began in 1981.

Empty buildings, unhoused people: NLCHP v. VA

Since 1987, over 500 formerly vacant federal properties have been turned at no cost to nonprofits, to house and offer services to homeless people, thanks to litigation in NLCHP v. VA

    • ​Bruce v. DoD, 1987 U.S. Dist. LEXIS 14944 

    • NCH v. VA, 695 F. Supp. 126 (D.D.C. 1988)

    • NCH v. VA, 1988 U.S. Dist. LEXIS 19455

    • NLCHP v. VA, 765 F. Supp. 1 (D.D.C 1991) 

    • NLCHP v. VA, 819 F. Supp. 69 (D.D.C. 1993)

    • NLCHP v. VA, 20000 U.S. Dist. LEXIS 8907

    • NLCHP v. VA, 931 F. Supp. 2d 167 (D.D.C. 2013)

Current federal "counts" of the homeless population miss many unhoused people, resulting in severe undercounts, as documented in the report: Don’t Count On It.

Homeless Persons' Right to Be Counted in the Decennial Census.

The US Census Bureau is charged by the Constitution with counting all people in the US, but has failed to fully include those who are unhoused. This case, filed by advocates, states, cities, and homeless individuals was ultimateely dismissed by the courrts, meaning that the agency has not been held the accountable.

    • NLCHP v. Kantor, 91 F.3d 178 (DC Cir. 1996)

Cities and states are increasingly making it a crime to sleep in public— even in the absence of any available shelter.

Housing not Handcuffs: Martin v. Boise

In 2018, a federal appeals court held in Martin v. Boise that such laws violate the US Constitution’s prohibition on cruel and unusual punishment, a ruling affirmed in 2023 in Johnson v. Grants Pass. These decisions, which protected unhoused people in nine states, have now been overruled by the US Supreme Court in Grants Pass v. Johnson, a deeply flawed decision.

    • Pottinger v. Miami (amicus), 76 F.3d 1154 (11th Cir. 1996)

    • Joyce v. SF (amicus) 87 F.3d 1320 (9th Cir. 1996)

    • Roulette v. Seattle, 97 F.3d 300 (9th Cir. 1996)

    • Benefit v. Cambridge (amicus), 679 N.E.2d 184 (S.Ct. Mass 1997)

    • Johnson v. Dallas, 141 F. Supp. 2d 645 (N.D.TX 2001)

    • Fifth Ave. Presbyterian Church (amicus), 293 F.3d 570 (2d Cir. 2002).

    • Big Hart Ministries v. Dallas, 2011 U.S. Dist. LEXIS 128443

    • Bloom v. San Diego, 2018 U.S. Dist. LEXIS 229804

    • Martin v. Boise, 920 F.3rd 584 (9th Cir. 2019)

Over 2.5 million children experience homelessness in America each year. School is a critical source of stability and support--and education is essential to their future. But without a permanent address, many are denied access to school. 

Children and education: Lampkin v. DC.

Without a permanent address, many homeless children are denied access to school. But federal law and litigation to enforce it now protects their right to an education--and a chance for a better future. 

Title VII of the federal McKinney-Vento Act protects homeless children's right to go to school but it is often violated. Precedent-setting litigation to enforce the law is making an impact. 

    • Lampkin v. DC, 27 F.3d 605 (D.C. Cir. 1994)

    • Lampkin v. DC, 879 F. Supp. 116 (D.D.C. 1995)

    • Lampkin v. DC, 886 F. Supp. 56 (D.D.C. 1995)

    • NLCHP v. New York, 224 F.R.D.314 (E.D.N.Y. 2004)

Selected federal legislation, legislative initiatives, & campaigns

Federal legislation introduced and/or enacted:

  • Homeless Persons Survival Act of 1986
    US House of Representatives, introduced by US Rep. Mickey Leland (D-TX), lead sponsor

  • US Senate, introduced by Sen. Al Gore (D-Tenn), lead sponsor

    • Homeless Eligibility Clarification Act (Title XI of the Anti-Drug Abuse Act of 1986), amendment offered by Sen. Pete Domenici (R-NM) (PDF download).

    • Stewart B. McKinney Homeless Assistance Act of 1987, now known as the McKinney-Vento Homeless Assistance Act (amended in 1989 by the HEARTH Act) (PDF download).

Selected Congressional, agency & White House testimony 

  • Public Buildings Reform Board, June 17, 2019.

  • Saving Taxpayer Dollars in Federal Real Estate: Reducing the Government’s Space Footprint, U.S. House of Representatives, Subcommittee on Economic Development, Public Buildings, and Emergency Management, June 16, 2015.  

  • Disposal of Federal Real Property: Legislative Proposals, U.S. House of Representatives, Committee on Oversight and Government Reform, July 27, 2011.

    • Federal Asset Management: Eliminating Waste by Disposing of Unneeded Federal Real Property, U.S.  Senate, Committee on Homeland Security and Governmental Affairs, Subcommittee on Federal Financial Management, Government Information, Federal Services, and International Security, June 9, 2011.

    • Reauthorization of the HUD-McKinney programs, Subcommittee on Housing and Community Opportunities, House Committee on Financial Services, Oct. 4, 2007.

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