I 
119TH CONGRESS 
1ST SESSION H. R. 4182 
To prohibit the criminalization of homelessness on Federal public lands. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 26, 2025 
Ms. JAYAPAL (for herself, Mr. FROST, Ms. ANSARI, Ms. GARCIA of Texas, Mr. 
JOHNSON of Georgia, Ms. LEE of Pennsylvania, Mr. MCGOVERN, Ms. 
NORTON, Mrs. RAMIREZ, Ms. SCHAKOWSKY, Mr. THANEDAR, Ms. TLAIB, 
Ms. VELA´ZQUEZ, Mrs. WATSON COLEMAN, and Mr. GARCI´A of Illinois) 
introduced the following bill; which was referred to the Committee on 
Transportation and Infrastructure, and in addition to the Committees on 
Oversight and Government Reform, Natural Resources, and the Judici-
ary, for a period to be subsequently determined by the Speaker, in each 
case for consideration of such provisions as fall within the jurisdiction of 
the committee concerned 
A BILL 
To prohibit the criminalization of homelessness on Federal 
public lands. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Housing not Hand-
cuffs Act of 2025’’. 
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SEC. 2. PROHIBITED ACTIVITIES. 
(a) PROHIBITION.—A Federal agency may not im-
pose a penalty on a homeless individual for a permitted 
use of public land as described under subsection (b). 
(b) PERMITTED USE OF PUBLIC LANDS.—A home-
less individual may— 
(1) conduct life sustaining activities on public 
land; 
(2) use and move freely in places of public ac-
commodation (as such term is defined in section 201 
of the Civil Rights Act of 1964 (42 U.S.C. 
2000a(b)); 
(3) solicit, share, accept, or offer food, water, 
money, or other donations; 
(4) store their possessions and enjoy privacy in 
their personal property to the same degree as prop-
erty in a private dwelling, which shall not be subject 
to unreasonable search and seizure; 
(5) pray, meditate, worship, or practice religion; 
(6) occupy a lawfully parked motor vehicle or a 
recreational vehicle; and 
(7) relocate a motor vehicle or recreational vehi-
cle being used for life sustaining activities before a 
citation is issued or the vehicle is towed, retrieve 
items from a towed vehicle, and retrieve the vehicle 
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from storage at a free or reduced rate upon consid-
eration of ability to pay. 
(c) EXCEPTION.—The permitted use under sub-
section (b)(1) shall not be a permitted use if there is ade-
quate alternative indoor space available as described under 
subsection (d). 
(d) ADEQUATE ALTERNATIVE INDOOR SPACE DE-
SCRIBED.— 
(1) IN GENERAL.—Adequate alternative indoor 
space— 
(A) is a space that— 
(i) is legally and physically accessible 
to the homeless individual; 
(ii) does not require the homeless in-
dividual to sacrifice any other right af-
forded to them under Federal, State, or 
local law; and 
(iii) is available indefinitely to the in-
dividual without requiring daily reapplica-
tion, at no charge, and must accommodate 
any disabilities, as well as pets, partners 
(whether legally married or not), family 
members, other support persons, and pos-
sessions the individual wishes to bring with 
them; 
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(B) may be a tiny home or similar struc-
ture that includes— 
(i) locking doors; 
(ii) appropriate climate control mecha-
nisms based on the location of the home or 
structure; and 
(iii) sanitary and cooking facilities or 
is a part of a community with common 
sanitary and cooking facilities; or 
(C) may be a permitted parking area that 
includes sanitary facilities. 
(2) JURISDICTION.—An adequate alternative in-
door space in another jurisdiction shall only be 
deemed an adequate alternative indoor space for the 
homeless individual if transportation is made avail-
able, at no cost to the individual, to ensure the indi-
vidual can continue to attend to any personal or pro-
fessional business. 
(e) ENFORCEMENT.— 
(1) ATTORNEY GENERAL.—The Attorney Gen-
eral may bring a civil action in an appropriate dis-
trict court of the United States against a govern-
ment official who violates subsection (a) for equi-
table relief, including temporary, preliminary, or per-
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manent injunctive relief and costs described under 
paragraph (3). 
(2) PRIVATE
RIGHT
OF
ACTION.—Any indi-
vidual harmed by an violation of subsection (a) may 
bring a civil action in an appropriate district court 
of the United States against a government agency or 
official that violates subsection (a) for equitable re-
lief, including temporary, preliminary, or permanent 
injunctive relief and costs described under paragraph 
(3). 
(3) COSTS.—With respect to an action brought 
under paragraph (1) or (2), the court shall award 
costs of litigation, as well as reasonable attorney’s 
fees, to any prevailing plaintiff. A plaintiff shall not 
be liable to a defendant for costs or attorney’s fees 
in any non-frivolous action under this section. 
(f) NECESSITY DEFENSE.— 
(1) IN GENERAL.—It shall be an affirmative de-
fense for a homeless individual charged with any vio-
lation of law criminalizing a life-sustaining activity, 
that the individual had no access to an adequate al-
ternative indoor space in which to undertake the 
prohibited conduct. 
(2) DUTY.—The appropriate court shall notify 
the individual of the availability of the affirmative 
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defense under paragraph (1). There shall be a rebut-
table presumption that adequate alternative indoor 
space was not available to the homeless individual. 
(g) RULES OF CONSTRUCTION.— 
(1) IN GENERAL.—A court shall liberally con-
strue any provision of this Act to effectuate the pur-
poses of the Act. 
(2) RULE OF CONSTRUCTION.—Nothing in this 
Act shall be construed to authorize Federal, State, 
or local government to interfere with an individual’s 
right to be free from facing punishment for a hous-
ing status condition, or to diminish or in any way 
negatively affect an individual’s constitutional right 
be free from cruel and unusual punishment, or to 
displace any other remedy for violations of the indi-
vidual’s constitutional rights. 
(h) DEFINITIONS.—In this section: 
(1) HOMELESS INDIVIDUAL.—The term ‘‘home-
less individual’’ shall have the meaning given such 
term in section 103 of the Stewart B. McKinney 
Homeless Assistance Act (42 U.S.C. 11302). 
(2) HOUSING STATUS.—The term ‘‘housing sta-
tus’’ means the actual or perceived status of having 
or not having housing, or being at risk of being 
homeless. 
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(3) LIFE SUSTAINING ACTIVITIES.—The term 
‘‘life sustaining activities’’ includes moving, resting, 
sitting, standing, lying down, sleeping, protecting 
oneself and personal property from the elements, 
eating, and drinking. 
(4) CARS.—The term ‘‘cars’’ shall have the 
meaning given the term ‘‘motor vehicle’’ under sec-
tion 17101 of title 40, United States Code. 
(5) PUBLIC
LAND.—The term ‘‘public land’’ 
means any property that is owned or leased, in 
whole or in part, by the United States, including 
areas adjacent to Federal property upon which there 
is an easement for public use and that is held open 
to the public, such as plazas, courtyards, parking 
lots, sidewalks, public transportation facilities and 
services, public buildings, underpasses and lands ad-
jacent to roadways, and parks, such as those defined 
or administered under titles 23, 36, 43, or 50 of the 
Code of Federal Regulations. 
(6) RECREATIONAL VEHICLE.—The term ‘‘rec-
reational vehicle’’ has the meaning given such term 
in section 3282.15 of title 24, Code of Federal Reg-
ulations (as defined on the date of the enactment of 
this Act). 
Æ 
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