Delaware Bill Proposes Expanded Rights for People Experiencing Homelessness

DELAWARE — A new piece of legislation introduced in Delaware aims to offer expanded protections for people experiencing homelessness, focusing on their right to engage in life-sustaining activities such as resting and sleeping in public spaces. House Bill 135 is designed to address the state’s ongoing shortage of emergency shelters, affordable housing, and housing support services.
In 2024, only 952 out of the 7,131 households that reached out to Delaware’s homelessness hotline were referred to housing assistance, leaving thousands without safe options. The proposed bill highlights the reality that, in the absence of sufficient shelter, many individuals are left to seek refuge in public spaces, including parks, sidewalks, and parking lots. This often leads to conflicts with law enforcement, businesses, and residents. Critics argue that the current system relies too heavily on emergency services and the criminal justice system, instead of focusing on long-term solutions, which only exacerbates the issue.
The bill would allow people experiencing homelessness to engage in life-sustaining activities in public spaces, such as sleeping, unless those activities obstruct traffic or alternative shelter is available. It also grants legal protections for personal property in public spaces, ensuring that belongings cannot be unlawfully searched or seized. The legislation would prevent local and state governments from forcing people to move vehicles used as shelter, like cars or RVs, unless they are obstructing traffic or creating a hazard.
In such cases, the person must be given the opportunity to relocate the vehicle before any enforcement actions are taken. Additionally, individuals cited for violations related to life-sustaining activities protected under this bill would be allowed to use the provisions of the bill as an affirmative defense in court. The bill’s sponsors argue that this legislation could provide more humane treatment of people experiencing homelessness while addressing critical gaps in the state’s housing system.