Executive Order N-1-24

A breakthrough moment for unsheltered homelessness

Elizabeth Funk, Founder and CEO, DignityMoves
July 26, 2024

Governor Gavin Newsom issued an Executive Order instructing all state agencies to begin clearing encampments from state property.  While on the surface, this might sound like the heavy-handed outcome feared by homeless advocates in the wake of the Supreme Court’s recent ruling on Grants Pass v. Johnson, its intent is a powerful mandate to cities: end the era of encampments now.  

Amidst all of the sensationalism, people might miss just how pivotal this moment is.  For over a decade, cities have navigated mixed signals on tackling this crisis, largely influenced by the Department of Housing and Urban Development (HUD) and the “housing first” model. Orienting their efforts toward building permanent housing, cities have sidelined interim solutions and shelters as perceived diversions of resources. The legal landscape further complicated matters, disincentivizing investments in shelters and interim housing, as cities lacked the authority to enforce anti-camping laws without sufficient shelter beds. 

HUD’s directive might make sense nationally, but with half of the nation’s unsheltered residing in California, the issue is more complex here.  Recently, state lawmakers have become acutely aware of the urgency and taken bold steps to empower cities with the tools they need to bring people indoors quickly. The Shelter Crisis Act and Low Barrier Navigation Center law signaled a shift towards addressing unsheltered homelessness with more immediate solutions. Acknowledging that unsheltered homelessness is a crisis, the State urged cities to invoke emergency powers to suspend normal procedures and build interim shelters quickly.  

Governor Newsom has been sending signals of his own; his Executive Order N-23-20 instructed state agencies to identify any excess land that could be used to provide shelter for people experiencing homelessness, and in 2022, he announced a gift of 1,200 “tiny homes” to 4 major cities. This unexpected gesture did more than provide immediate shelter for 1,200 people — it sent a message to cities: you should be doing more of this. 

This year, the Interim Housing Act has been unopposed with full bipartisan support. Authored by Senator Josh Becker and co-sponsored by my organization DignityMoves, Bay Area Council, SPUR, and Mayor Matt Mahan of San Jose, this bill acknowledges that interim housing is a valid state program and broadens the powers cities need to implement it quickly.  

Even with access to broad emergency powers, cities have been hesitant to shift course. Now the message is clear: it’s acceptable to put resources toward quick solutions to street sleeping, even if they are not permanent solutions that “end” homelessness.  This order unequivocally directs cities to prioritize and rapidly expand interim housing solutions to create viable alternatives to street sleeping and encampments. The state is leading by example; cities must follow suit.

The direction California is headed makes me cautiously optimistic that we will now finally turn our attention to solutions to meet the urgent need at hand.  There is still one looming barrier, though: a lack of funding for interim housing. Without additional support, this order will amount to an unfunded mandate to cities. Let me be clear: permanent housing must remain the primary focus of attention and resources, as only permanent housing actually ends homelessness. But for the mandate to be implemented in an effective and humane way, cities will need additional support from the state and federal governments, as well as the private sector, to build sufficient interim housing and bridge the gap from the streets to permanent housing.