Homeless Action! Settlement Terms with County/City

Here is a link to the Powerpoint (coming soon) outlining the recent settlement terms between Homeless Action! and the County of Sonoma and the City of Santa Rosa resolving their 8-year old federal lawsuit over the rights of the unhoused during clearance of their encampments.

Here is a summary of each:

City Settlement Highlights

The settlement with the City of Santa Rosa provides that the City will not remove unhoused people’s belongings from public property except in very limited circumstances: 

• There are exigent circumstances—e.g., an immediate threat to health and safety—that require the items’ removal; 
• When the police arrest someone and safekeep their property; or  
• When items are collected for evidence. 

Instead—and even in exigent circumstances, where possible—the City agrees to give people time to move their own belongings, including letting them move their belongings in multiple trips and other accommodations based on individual needs and circumstances. 

The language also includes requirements for City staff and contractors to document instances when they remove belongings from public property, including posting notices where feasible and sharing information on the City’s website. 

The City also agreed not to use threats of citation or arrest to pressure people into abandoning their belongings. 

These and other requirements will be incorporated into the written policies for SRPD and the City’s Debris Response Team, and the City will train staff on the policy changes. 

The City settlement will remain in effect for one year. 

County Settlement Highlights

The settlement with Sonoma County and the Sonoma County Community Redevelopment Commission includes policy commitments related to the County’s treatment of unhoused people’s personal property, reasonable accommodations for people with disabilities, and due process in County shelter facilities. 

The settlement requires the County—including sheriff’s deputies on the Joe Rodota Trail—to provide reasonable written notice of no less than 10 hours before it removes unhoused people’s belongings from public property, as well as storage of those belongings for at least 90 days, with limited exceptions. It also requires a post-removal notice and a process for people to get their belongings back. 

The County settlement includes requirements for certain County policies, protocols, and contracts to include language regarding reasonable accommodations for people with disabilities to ensure fair treatment and meaningful access for unhoused people with disabilities.  

The County will also comply minimum due process requirements that must be followed before people can be “exited” from County homeless shelters, ensuring that individuals have notice of the reason for the exit and an opportunity to challenge the exit if they disagree. 

The County settlement will remain in effect for three years.