San Jose's Homelessness & Encampment Rules: The Rules That Matter

Every city handles homelessness & encampment rules a little differently. In San Jose, California, there are 4 distinct rules that residents and property owners should be aware of. Some are stricter than what neighboring cities enforce, and others are more relaxed. Here is what you need to know.

LAMC §41.18 Encampment Rule

Unlike Los Angeles, San Jose has no LAMC §41.18 equivalent. SJMC Chapter 13.44 prohibits camping in parks, SJMC Chapter 10.06 restricts overnight stays on city property, and SJMC Chapter 6.36 limits oversized-vehicle and RV parking. Enforcement must comply with Martin v. Boise.

Key details: Park camping: SJMC Chapter 13.44 prohibits. City property: SJMC Chapter 10.06 restricts. RV parking: SJMC Chapter 6.36 limits. Shelter test: Martin v. Boise (9th Cir. 2018). Property handling: Lavan notice and storage.

Camping in parks under SJMC 13.44 or sleeping on regulated city property under SJMC 10.06 is a misdemeanor or infraction with citations and property removal after notice. Officers must offer shelter under Martin v. Boise; Lavan requires notice and storage.

Sit-Lie Rules

San Jose enforces sit/lie and camping restrictions through SJMC Chapter 10.06, SJMC Chapter 13.44 (parks), and traffic laws on sidewalk obstruction. Constitutional limits from Martin v. Boise and Johnson v. Grants Pass require shelter availability before criminal enforcement of sleeping outdoors.

Key details: City code: SJMC 10.06, 13.44. State law: Penal Code §647(e) lodging. Constitutional limit: Martin v. Boise (9th Cir.). 2024 update: Johnson v. Grants Pass. Outreach lead: SJPD HMAP, Quality of Life.

Sitting, lying, or sleeping in violation of SJMC 10.06 or 13.44 can result in infractions, misdemeanors, or property removal after notice. Sidewalk obstruction is an infraction under Vehicle Code §22500. SJ policy requires warnings and shelter offers first.

Encampment Sanitation

San Jose Department of Public Works conducts encampment abatements with at least 72-hour written notice, offers shelter through outreach, and stores unattended personal property for 90 days under Lavan v. Los Angeles (9th Cir. 2012). Hazardous waste is handled under California EPA standards.

Key details: Lead agency: San Jose DPW with Housing. Standard notice: At least 72 hours posted. Property storage: 90 days under Lavan. Hazardous waste: CalEPA, CalRecycle standards. Emergency cleanup: Shorter notice for hazards.

Failure to follow notice and property-storage protocols can trigger Lavan civil rights claims with damages and injunctive relief. Occupants who refuse to remove property after lawful notice may have items taken to storage; resisting lawful abatement supports separate criminal charges.

Bridge Housing Siting

San Jose has aggressively expanded interim housing through California Project Homekey hotel conversions and modular Emergency Interim Housing villages. SJMC zoning amendments and AB-2553 streamline siting in commercial and industrial zones, with state CEQA exemptions for qualifying projects under Government Code §65660.

Key details: State program: Project Homekey, HSC §50675.1.1. Streamlining: AB-2553, Gov Code §65660. CEQA: Exemption for qualifying projects. Zoning use: Allowed in commercial, mixed-use. Local examples: Mabury, Rue Ferrari, Pavilion Inn.

Project Homekey grant misuse requires repayment to California HCD with interest. Zoning violations at non-conforming interim housing sites are abated under SJMC Title 20. Discriminatory siting faces Housing Accountability Act remedies; opposition cannot block by-right projects under §65660.

San Jose is more permissive than most cities when it comes to bridge housing siting. That said, there are still limits.

The Bottom Line

San Jose's homelessness & encampment rules rules are a mixed bag. Some areas are strict, others are relaxed, and the details matter. The best approach is to check the specific rule that applies to your situation rather than assuming San Jose is broadly strict or permissive.

Keep in mind that San Jose can amend these rules at any council meeting. For the most current version of any rule mentioned here, check the specific ordinance page, where we track updates as they happen.