wa-law.org > bill > 2025-26 > HB 2489 > Original Bill
The legislature finds that:
Evictions and homelessness are increasing and are at unprecedented levels across our state, demanding urgent action;
Many families across Washington state have been displaced or are at risk of displacement due to skyrocketing housing costs and an ongoing severe shortage of affordable housing;
The absence of cohesive state guidance has resulted in an arbitrary patchwork of legislation regarding the use of public spaces, leading to inconsistent enforcement and further displacement of people experiencing homelessness;
State and local governments have a shared responsibility in addressing the homelessness crisis and transitioning unsheltered residents into housing;
Laws and policies that punish people who are homeless for engaging in necessary, life-sustaining activities in public spaces inflict harm on already vulnerable individuals, exacerbate barriers to stability, and undermine pathways to housing; and
Enforcement-first approaches do not address the root causes of homelessness, including the lack of affordable housing, behavioral health supports, and economic stability, and may divert limited public resources away from effective, evidence-based solutions.
The legislature intends to:
Provide clear and consistent statewide guidance to local governments to ensure that responses to homelessness are aligned with evidence-based, low-barrier, and housing-first principles, and prevent the adoption or enforcement of policies that displace individuals when adequate alternative shelter space is not available;
Protect individuals from penalties for engaging in life-sustaining activities in public when no adequate alternative shelter space is available; and
Support local governments in developing solutions that are fair, effective, and humane.
A city or town may not adopt or enforce any city or town law that criminalizes, penalizes, or otherwise prohibits a person from engaging in life-sustaining activities on public property unless the city or town can demonstrate that adequate alternative shelter space was available at the time and place of the conduct.
Any action taken in violation of subsection (1) of this section is invalid. A person cited, charged, or otherwise penalized in violation of subsection (1) of this section may raise as a defense that their conduct constituted a necessary life-sustaining activity protected under this section and that no adequate alternative shelter space was available at the time and place of the conduct. Courts shall dismiss such actions upon a showing of probable cause for this defense.
This section must be liberally construed to protect the constitutional and human rights of all individuals engaged in life-sustaining activities when adequate alternative shelter space is unavailable.
A person or organization may bring an action for injunctive or declaratory relief to challenge the enforcement of a city or town law that violates the protections provided in this section.
A prevailing plaintiff in any action brought under subsection (4) of this section is entitled to reasonable attorneys' fees and costs. Plaintiffs are not liable for attorneys' fees and are only liable for defense costs if the action is found to be frivolous.
Nothing in this section creates a private right of action for monetary damages for any person, except as provided in subsection (5) of this section regarding attorneys' fees and costs.
This section applies to all causes of action commenced on or after the effective date of this section, and to all city or town laws existing on or after the effective date of this section, regardless of when the cause of action arose or when the city or town laws were enacted. To this extent, this section applies retroactively, but in all other respects it applies prospectively.
Nothing in this section creates a right to shelter, an independent cause of action, or a claim related to admission to, discharge from, or continued access to shelter. The provisions of this section must be used solely to determine whether adequate alternative shelter space exists for purposes of enforcement under this section.
For the purposes of this section:
"Adequate alternative shelter space" means a space that:
Is legally and physically accessible to the individual experiencing homelessness;
Does not require the individual experiencing homelessness to sacrifice any other right afforded to them under federal, state, or local law;
Is available to the individual at no cost on a continuing basis and does not require more than one application or check-in per 24-hour period, except where necessary for health or safety. Discharge or denial of continued shelter may occur only for documented safety or capacity reasons, or pursuant to objective, written, and consistently applied shelter policies necessary for the health, safety, or operation of the shelter. Policies that effectively deny sustained access to shelter must be presumed inadequate;
Must accommodate any disabilities, as well as pets, partners (whether legally married or not), family members, other support persons, and possessions the individual wishes to bring with them;
May be a tiny home or similar structure that has locking doors; appropriate climate-controlled mechanisms based on the location of the home or structure; and sanitary and cooking facilities or is part of a community with common sanitary and cooking facilities; and
"City or town law" includes any city or town ordinances, policies, rules, regulations, or other official controls;
"Criminalize" or "penalize" means to make conduct subject to criminal, civil, or administrative enforcement, including fines, arrest, citation, or forced displacement; and
"Life-sustaining activities" includes moving, resting, sitting, standing, lying down, sleeping, protecting oneself and personal property from the elements, eating, drinking, and other basic activities necessary for survival.
A code city may not adopt or enforce any code city law that criminalizes, penalizes, or otherwise prohibits a person from engaging in life-sustaining activities on public property unless the code city can demonstrate that adequate alternative shelter space was available at the time and place of the conduct.
Any action taken in violation of subsection (1) of this section is invalid. A person cited, charged, or otherwise penalized in violation of subsection (1) of this section may raise as a defense that their conduct constituted a necessary life-sustaining activity protected under this section and that no adequate alternative shelter space was available at the time and place of the conduct. Courts shall dismiss such actions upon a showing of probable cause for this defense.
This section must be liberally construed to protect the constitutional and human rights of all individuals engaged in life-sustaining activities when adequate alternative shelter space is unavailable.
A person or organization may bring an action for injunctive or declaratory relief to challenge the enforcement of a code city law that violates the protections provided in this section.
A prevailing plaintiff in any action brought under subsection (4) of this section is entitled to reasonable attorneys' fees and costs. Plaintiffs are not liable for attorneys' fees and are only liable for defense costs if the action is found to be frivolous.
Nothing in this section creates a private right of action for monetary damages for any person, except as provided in subsection (5) of this section regarding attorneys' fees and costs.
This section applies to all causes of action commenced on or after the effective date of this section, and to all code city laws existing on or after the effective date of this section, regardless of when the cause of action arose or when the code city laws were enacted. To this extent, this section applies retroactively, but in all other respects it applies prospectively.
Nothing in this section creates a right to shelter, an independent cause of action, or a claim related to admission to, discharge from, or continued access to shelter. The provisions of this section must be used solely to determine whether adequate alternative shelter space exists for purposes of enforcement under this section.
For the purposes of this section:
"Adequate alternative shelter space" means a space that:
Is legally and physically accessible to the individual experiencing homelessness;
Does not require the individual experiencing homelessness to sacrifice any other right afforded to them under federal, state, or local law;
Is available to the individual at no cost on a continuing basis and does not require more than one application or check-in per 24-hour period, except where necessary for health or safety. Discharge or denial of continued shelter may occur only for documented safety or capacity reasons, or pursuant to objective, written, and consistently applied shelter policies necessary for the health, safety, or operation of the shelter. Policies that effectively deny sustained access to shelter must be presumed inadequate;
Must accommodate any disabilities, as well as pets, partners (whether legally married or not), family members, other support persons, and possessions the individual wishes to bring with them;
May be a tiny home or similar structure that has locking doors; appropriate climate-controlled mechanisms based on the location of the home or structure; and sanitary and cooking facilities or is part of a community with common sanitary and cooking facilities; and
"Code city law" includes any code city ordinances, policies, rules, regulations, or other official controls;
"Criminalize" or "penalize" means to make conduct subject to criminal, civil, or administrative enforcement, including fines, arrest, citation, or forced displacement; and
"Life-sustaining activities" includes moving, resting, sitting, standing, lying down, sleeping, protecting oneself and personal property from the elements, eating, drinking, and other basic activities necessary for survival.
A county may not adopt or enforce any county law that criminalizes, penalizes, or otherwise prohibits a person from engaging in life-sustaining activities on public property unless the county can demonstrate that adequate alternative shelter space was available at the time and place of the conduct.
Any action taken in violation of subsection (1) of this section is invalid. A person cited, charged, or otherwise penalized in violation of subsection (1) of this section may raise as a defense that their conduct constituted a necessary life-sustaining activity protected under this section and that no adequate alternative shelter space was available at the time and place of the conduct. Courts shall dismiss such actions upon a showing of probable cause for this defense.
This section must be liberally construed to protect the constitutional and human rights of all individuals engaged in life-sustaining activities when adequate alternative shelter space is unavailable.
A person or organization may bring an action for injunctive or declaratory relief to challenge the enforcement of a county law that violates the protections provided in this section.
A prevailing plaintiff in any action brought under subsection (4) of this section is entitled to reasonable attorneys' fees and costs. Plaintiffs are not liable for attorneys' fees and are only liable for defense costs if the action is found to be frivolous.
Nothing in this section creates a private right of action for monetary damages for any person, except as provided in subsection (5) of this section regarding attorneys' fees and costs.
This section applies to all causes of action commenced on or after the effective date of this section, and to all county laws existing on or after the effective date of this section, regardless of when the cause of action arose or when the county laws were enacted. To this extent, this section applies retroactively, but in all other respects it applies prospectively.
Nothing in this section creates a right to shelter, an independent cause of action, or a claim related to admission to, discharge from, or continued access to shelter. The provisions of this section must be used solely to determine whether adequate alternative shelter space exists for purposes of enforcement under this section.
For the purposes of this section:
"Adequate alternative shelter space" means a space that:
Is legally and physically accessible to the individual experiencing homelessness;
Does not require the individual experiencing homelessness to sacrifice any other right afforded to them under federal, state, or local law;
Is available to the individual at no cost on a continuing basis and does not require more than one application or check-in per 24-hour period, except where necessary for health or safety. Discharge or denial of continued shelter may occur only for documented safety or capacity reasons, or pursuant to objective, written, and consistently applied shelter policies necessary for the health, safety, or operation of the shelter. Policies that effectively deny sustained access to shelter must be presumed inadequate;
Must accommodate any disabilities, as well as pets, partners (whether legally married or not), family members, other support persons, and possessions the individual wishes to bring with them;
May be a tiny home or similar structure that has locking doors; appropriate climate-controlled mechanisms based on the location of the home or structure; and sanitary and cooking facilities or is part of a community with common sanitary and cooking facilities; and
"County law" includes any county ordinances, policies, rules, regulations, or other official controls;
"Criminalize" or "penalize" means to make conduct subject to criminal, civil, or administrative enforcement, including fines, arrest, citation, or forced displacement; and
"Life-sustaining activities" includes moving, resting, sitting, standing, lying down, sleeping, protecting oneself and personal property from the elements, eating, drinking, and other basic activities necessary for survival.