Housing not Handcuffs Act of 2025
This bill prevents federal agencies from fining, citing, or arresting homeless individuals for basic survival activities—such as sleeping, eating, storing belongings, or living in legally parked vehicles—on federal public land. These activities can only be restricted if the government provides a free, long-term indoor space that accommodates the person's disabilities, pets, family members, and possessions. The measure also allows individuals and the U.S. Attorney General to sue federal officials who enforce unauthorized penalties, while establishing a legal defense against criminal charges for survival activities.
What this bill touches.
Who it helps · who it burdens.
Who it helps
- Homeless individualsGains protection from federal penalties for conducting basic life-sustaining activities, asking for aid, or living in parked vehicles on federal public land; receives fourth amendment-level privacy protections for stored possessions; obtains a private right of action against violating agencies; and receives an affirmative legal defense with a presumption of no adequate shelter if charged in court (Sec. 2(a)–(f)).
Who it burdens
- Federal agencies and officialsBarred from penalizing homeless individuals for life-sustaining activities or lawful vehicle dwelling on public lands without providing adequate alternative indoor shelter, restricted from searching stored property without private-dwelling standards, and exposed to civil lawsuits and mandatory attorney fees for violations (Sec. 2(a), (b), (e)).
- Courts handling life-sustaining activity prosecutionsRequired to notify individuals charged with violations criminalizing life-sustaining activities of their affirmative defense and apply a rebuttable legal presumption that adequate indoor shelter was unavailable (Sec. 2(f)(2)).
The provisions, in plain language.
Prohibits federal agencies from penalizing homeless individuals for conducting basic life-sustaining activities—such as sleeping, resting, eating, or sheltering from the weather—on federal public land, unless free, accessible indoor shelter that accommodates their pets, families, and belongings is available.
Prohibits federal agencies from penalizing homeless individuals on federal public land for moving freely in public accommodations, sharing or asking for food and donations, practicing religion, or storing belongings with the same privacy and search protections as a private home.
Allows homeless individuals to live in lawfully parked vehicles on federal land, move a vehicle to avoid citations or towing, retrieve belongings from impounded vehicles, and retrieve towed vehicles at free or reduced rates based on ability to pay.
Authorizes the Department of Justice and affected individuals to file federal civil lawsuits against government agencies or officials who violate these protections, and requires courts to award legal fees and court costs to prevailing plaintiffs.
Establishes an affirmative legal defense for homeless individuals charged with violating laws against life-sustaining activities if they lacked indoor shelter, requiring courts to notify defendants of this defense and legally presuming adequate shelter was unavailable.