San Jose

Homeless people in San Jose who refuse housing could face arrest under new proposal

Supporters say it's a bold and necessary move, while critics say it criminalizes homelessness

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As San Jose continues to look for solutions to the homelessness crisis, Mayor Matt Mahan on Thursday proposed a new idea that would essentially force people into housing and threaten arrest if they refuse three times.

Supporters call it a bold and necessary move. Critics say it's criminalizing homelessness.

Mahan said one in three people the city contacts refuses to take them up on their offer of housing. In hopes of changing those numbers, he's pitching the “Responsibility to Shelter” initiative.

"With your own room, with all these amenities, that’s low barrier," he said. "We’re not going to kick you out. You don’t have to be sober. You can bring your partner and pet and belongings. You refuse three times, we are at the end of what we are capable of doing to help you as a city."

Under the new proposal, if someone refuses city-provided housing three times in 18 months, they could be arrested.

"We will press charges for trespassing and do everything in our power to get you into the behavioral health court system to help you get whatever help you need," Mahan said.

Homeless advocates said arresting people for refusing goes too far.

"I think it’s horrible, I think it’s criminalization," Gail Osmer said. "All these people living here, he’s saying people don’t want to get inside. That’s not true."

Mahan said, on average, a single unhoused person can cost the city $65,000 a year just in hospital visits and public service impacts.

"We responded to service to one individual nearly 400 times in a year," firefighter union member Greg Tuyor said. "That’s more days than in a year."

The proposal will go in front of the city council next week as part of Mahan's March budget message. It would need council approval to take effect.

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