The see-saw battle over whether, when, and where people can live legally in their vehicles continues.

The City’s Vehicle Habitation Ordinance forbids people from sleeping in their cars from 9 p.m. to 6 a.m., as well as excluding them from parking within 500 feet of a home or school.

Enforcement of the City’s VHO was paused during the pandemic, partly due to a legal challenge brought on behalf of vehicle dwellers. Some coastal residents have complained ever since about the non-enforcement of the VHO, in effect since 2019.

San Diego City Council recently approved a nearly $3.2 million settlement in a federal lawsuit case, Michael Bloom, et al. v. City of San Diego, which challenged the existing VHO. The settlement set new rules for how the City is allowed to enforce its Vehicle Habitation and Oversized Vehicle ordinances against unhoused people who sleep in their vehicles or RVs during a three-year period.

The settlement also allows San Diego police to resume full enforcement of the ordinance after receiving appropriate training, which began on March 21.

Concerning recent developments with vehicle dwellers, Mayor Todd Gloria said: “This ordinance was introduced in conjunction with a planned expansion of the successful Safe Parking Lot program, which designated safe spaces for people sleeping in their vehicles to park overnight without risk of citation, and allowed them to access services and case management to help them work toward permanent housing. The ordinance was challenged in court, which halted our ability to enforce.”

Added Gloria, “The City has reached a settlement that allows officers to resume enforcement. Officers are permitted to take enforcement action after receiving the appropriate training. The VHO can be enforced so long as the City can provide a suitable alternative for people sleeping in their vehicles, which we have. There are currently four active Safe Parking sites across the City, two of which are open 24 hours. Currently, I am working to create more Safe Parking options so we have places for people to go, and this enforcement can continue.”

Attorney Ann Menasche with Disability Rights California, a nonprofit founded in 1978 that defends, advances, and strengthens the rights and opportunities of the disabled, was a party to the recently settled federal lawsuit challenging the VHO. She talked about how the settlement restricts City enforcement of the VHO.

“This enforcement is going to be with the narrowest of circumstances,” Menasche said adding, “They can’t enforce it against any law-abiding people. You have to have suspicion of a crime other than parking violations, which they have to allow you to correct. Secondly, they must have a place for you to go legally, like the so-called Safe Parking lots, otherwise they can’t enforce it (VHO).”

Added Menasche: “Thirdly, they can’t restrict you from using your vehicle that you live in for transportation. If you want to visit the park, the beach, your doctor or to visit a friend with your vehicle, and you’re parked temporarily, you can do those things.”

Noting that living in your vehicle is preferable to “living on the streets,” Menasche pointed out that inflation, coupled with the housing shortage, has meant that “people who are disabled, sick and elderly are unable to get housing even though they need it badly.”

What is needed to alleviate the crisis housing situation forcing people to live out of their vehicles? “We’ve been saying since day one that we need permanent, affordable housing,” answered Menasche. “There are just no options right now for people who are poor, sick, or elderly. We need to find a way to provide housing as a basic human right.”

Concluded Menasche: “It’s a bad situation – and it’s getting worse.”

VEHICLE HABITATION ORDINANCE

City Municipal Code Section 86.0137 prohibits the use of streets for storage, service, or sale of vehicles or for habitation stating: It is unlawful for any person to use a vehicle for human habitation on any street or public property, unless specifically authorized for such use by the city manager:

– between 9 p.m. and 6 a.m.

– At any time within 500 feet of a residence or building used for living including a house, condo, apartment, or similar dwelling.

– At any time within 500 feet of a school, not including a community or junior college, college, or university.

– There must be evidence of vehicle habitation by humans using it for sleeping, bathing, preparing, or cooking meals, furniture set up in or around the vehicle, evidence of portable cooking equipment, or evidence of human waste around the vehicle.

ENFORCEMENT

– Officers should consider why a person has certain items associated with habitation inside their vehicle.

– Officers responding to Get-It-Done and non-emergency calls should investigate the complaint, and when appropriate, enforce the law.

– Enforcement should be avoided when a vehicle is lawfully parked in a location open to the general public.

– Enforcement of the VHO should not occur when a person who shelters in a vehicle is using the vehicle as transportation.

– The VHO shall not be enforced between 9 p.m. and 6 a.m. when legal parking options, including Safe Parking lots in the City, are full, closed, or not reasonably available to involuntarily homeless people sheltering in their vehicles.

– A person sleeping, sitting, eating, or drinking inside a vehicle parked on a street or in a public park lot is not in violation of the VHO.

– Parking violation(s) alone will not trigger enforcement of the VHO.

– After taking enforcement action, officers should evaluate whether the vehicle can be legally parked, and if so, refrain from towing the vehicle.