This guidance is intended to inform residents—including residents who are unhoused or experiencing homelessness—about their rights and the resources available to them. Please read and share the Q&A below.
FREQUENTLY ASKED QUESTIONS
Can the police arrest you for being homeless?
No. A police officer can arrest you without a warrant if the officer has probable cause to believe you have committed a crime. Being unhoused is not a crime, and you cannot be arrested for being homeless.
If you are arrested, it is important to follow the officer’s instructions and not resist arrest, even if you believe your arrest is unlawful.
Can the police force you to leave a homeless encampment where you are living?
Yes. You have a right to be in public spaces like parks and sidewalks if you’re there at allowable times, not violating any laws, and not violating other rules governing use of the public space. But you do not have the legal right to live there, set up a tent or other abode there, or store your property there.
Can the police arrest you for refusing to leave a homeless encampment?
Yes. You may not refuse a police order to vacate an encampment in a public space because, as the previous answer explains, a police order to vacate an encampment is a lawful order. If police officers are cleaning up an encampment and ask you to leave, you should follow their instructions. You also may not block their activities or otherwise obstruct their work.
Can the police remove you from a homeless encampment and take you to a hospital against your will if they believe you are mentally ill?
Maybe. A police officer may, without a warrant, detain you and take you to a public or private hospital for evaluation if they have reason to believe, based on their observations, that you are suffering from a mental illness and, because of the illness, if you are not hospitalized, you are likely to injure yourself or others. DC Department of Behavioral Health employees and certain medical professionals can do the same thing. Once taken to a hospital, you will be screened for admission. You will be admitted for further evaluation only if a doctor determines that you are a danger to yourself or others.
Can the police remove you from a homeless encampment and take you to jail solely because you do not agree to go to a homeless shelter or receive mental health services?
No. The police can require you to leave an encampment, and an officer can arrest you without a warrant if they have probable cause to believe you have committed or are committing a crime. However, it is not a crime to refuse to go to a homeless shelter. It also is not a crime to refuse to receive mental health treatment, unless a court has ordered otherwise.
Can the police destroy your property in a homeless encampment?
Maybe. The U.S. Constitution likely prohibits the police and other government officials from destroying your non-hazardous belongings at a homeless encampment without your consent if you have not abandoned them. However, your non-abandoned, non-hazardous belongings may be removed from an encampment as long as they are stored safely so that you can retrieve them. Any hazardous material at an encampment may be removed and destroyed, even if it belongs to you.
If the police or other government officials are clearing an encampment and you want to keep your belongings, you should tell them. If you are arrested or otherwise separated from your belongings during clearance, you should ask the police where your belongings will be stored so that you can retrieve them later.
RESOURCES FOR DC RESIDENTS
If you or someone you know needs emergency shelter, please contact DC’s Homeless Services Hotline at (202) 399-7093 or dial 311. The Homeless Services Hotline can find shelter, arrange transportation, and provide information about available services and resources for individuals experiencing homelessness or at risk of homelessness. The hotline is open every day from 8 AM to Midnight.
For families experiencing homelessness: Families with minor children who are experiencing homelessness, or at risk of homelessness, can contact the Virginia Williams Family Resource Center at 202-526-0017.
For youth (up to age 24): Young people who are experiencing homelessness or housing instability can access youth-friendly shelter at multiple locations across DC. More information about services available to homeless youth is available here.
- Sasha Bruce Youthwork - Bruce House (ages 17 & under)
- For entry call - (202) 546-4900 - Covenant House Greater Washington - The Sanctuary (18-24 years)
- 511 Mellon Street SE - (202) 560-5965 - Covenant House Greater Washington - The SHINE (LGBTQ 18-24 years)
- For entry call - (202) 506-2432 - Covenant House Greater Washington - Safe Haven (ages 18-24 years)
- For entry call - (202) 560-5874 - Healthy Babies – Muriel’s House (pregnant/parenting teens 16-21)
- For entry call (202) 396-2809 - Sasha Bruce Youthwork– Phillip Reid’s Home (18-24 years)
- For entry call - (202) 948-2869
For veterans: If you are a Veteran who is homeless or at risk of becoming homeless, Veteran’s Affairs (VA) Washington DC health care can help. Contact a care coordinator: 202-745-3012
Additional resources: The following organizations provide help, services, and resources to people experiencing homelessness in the District of Columbia:
- The Washington Legal Clinic for the Homeless
www.legalclinic.org
(202) 328-5500
1200 U St NW
Washington, DC 20009
- Legal Aid DC
www.legalaiddc.org
(202) 628-1161
1331 H Street, NW, Suite 350
Washington, DC 20005
- Miriam’s Kitchen
www.miriamskitchen.org
(202) 452-8926 x 234
2401 Virginia Ave, NW
Washington, DC 20037
- So Others Might Eat
some.org/contact/
(202) 797-8806
71 O Street, NW
Washington, DC 20001
- Pathways to Housing
pathwaystohousingdc.org
(202) 529-2972
1151 Bladensburg Road NE, Suite 101
Washington, DC 20002
- Community Connections
communityconnectionsdc.org
(202) 546-1512
801 Pennsylvania Ave, SE
Washington, DC 20003