Oakland council considers policy shift to clear encampments without offering residents shelter

Oakland is considering a controversial policy that would allow the city to clear homeless encampments without offering people shelter first. 

The City Council is scheduled to vote on the policy Tuesday.

Councilmember Ken Houston introduced a proposal on Aug. 28 that would give police more authority to clear encampments, tow vehicles being used as homes and penalize unhoused people who return to vacated sites with a citation or arrest. 

“Oakland has a moral duty to intervene compassionately but firmly,” Houston wrote in a report on the proposal.

Supporters say the policy is a necessary reset for a city overwhelmed by encampments and public safety concerns. But critics say it would further destabilize unhoused people and exacerbate the homelessness crisis. 

Ashley Greene, who has lived in a tent near 98th Avenue in East Oakland for over a year, said she’s been on shelter waitlists for months. 

“The things you want to take from us are the only things we own,” she told the council at its Sept. 11 meeting “You’re criminalizing being homeless when we can’t afford a home. Every decision they make decides whether we sleep in the rain or not.”

Risking state grants?

Nearly 60% of Alameda County’s unhoused population lives in Oakland, which saw a 9% increase in that number between 2022 and 2024, when about 5,500 people were counted in the one-day survey of people living on the streets.

Funding for homelessness services comes from the city, county, state and federal governments. The Alameda County Board of Supervisors expressed concern in a September letter to Mayor Barbara Lee and council President Kevin Jenkins that Houston’s proposal, if approved, could jeopardize $45 million in state funding that the county has jointly applied for with Oakland.The proposal, they said, would put the city out of compliance with the state’s requirements for homelessness-related grants. The state expects cities receiving these funds to offer shelter options before clearing an encampment, provide proper notice and safely store people’s belongings. 

After the board released its letter, Lee issued a statement saying, “Homelessness remains one of Oakland’s most urgent challenges and is one of my top priorities. Our Office of Homelessness Solutions is actively working with the City Council to implement proven strategies that address this crisis and support our unhoused residents.”

The mayor’s office declined to directly comment on the policy.

If approved, Houston’s proposal would  replace a policy from 2020 that says the city is required to offer homeless people shelter before removing their encampments. Due to a lack of shelter space, the city was sometimes unable to close down encampments. 

Houston’s proposal appears to have support from at least three council members, including Jenkins, who co-authored it.  

Rowena Brown, who represents the entire city, said during a committee meeting on Sept. 9 that the policy has been “years in the making” and reflects ongoing frustration over the city’s lack of progress. 

“We cannot keep living like this, and we cannot continue to let people live like this,” she said.

Charlene Wang, who represents Chinatown and parts of Lake Merritt, said during a Nov. 10 meeting that the city needs stronger enforcement and faster cleanups, but it also needs more investment in shelters and services. 

“What’s missing is political will,” Wang said. “We need both compassion and structure.”

Businesses want something done

Under Houston’s proposal, Oakland police would be allowed to cite or arrest people living in encampments if they refuse to leave.

Houston’s measure categorizes camps in order of “sensitivity” depending on their proximity to schools, hospitals, businesses, and critical infrastructure. High-sensitivity sites could be cleared with little or no notice, while lower-sensitivity zones could be allowed to remain if residents meet sanitation and safety standards set by a committee.

The proposal also would allow the city to tow vehicles that violate city codes, even if someone is living in them, and expand which encampments qualify as high-priority for removal. 

Individuals who return to cleared sites within 72 days could face fines or misdemeanor charges.

In East Oakland, business owners and residents say they’re desperate for relief from the effects of nearby encampments.

“We’ve had break-ins, fires, and constant trash outside our site,” said Kevin Hester, who owns a construction business on East 12th Street. Hester said there is an encampment of about 30 residents near his business. 

“We want to help, but this is unsustainable. If the city doesn’t act, a lot of us may have to leave,” he said.

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