Bill Sponsors
Mack, and Bissaillon
Committee
Senate Housing & Municipal Government
Summary
Select
This bill establishes rules for removing homeless encampments on public property. It requires government agencies to provide at least 20 days of written notice before forcing people to leave an encampment. The notice must be posted at the site and shared with the state housing office. However, the 20-day notice is not required if the encampment poses an immediate public safety or health risk, is in a state or federal right of way, blocks construction or infrastructure repairs, or is near environmental hazards. Moving the encampment to an adjacent lot does not restart the 20-day notice period.
Sponsor
Analysis
Pros for Progressives
- Provides crucial advance notice for unhoused individuals before encampment removals, giving them time to secure alternative shelter and protect their belongings.
- Mandates communication with the Executive Office of Housing and Regional Access Points, facilitating connections between unhoused individuals and social services prior to displacement.
- Establishes standardized, statewide protections for a highly vulnerable population, preventing arbitrary or immediate evictions from public spaces unless specific safety hazards exist.
Cons for Progressives
- Includes broad exceptions for "public safety or health concerns" that could be exploited by authorities to bypass the 20-day notice requirement and conduct immediate sweeps.
- Fails to require the state or municipality to provide alternative housing or shelter options before forcibly removing an encampment.
- Penalizes individuals who move their encampment to a nearby or contiguous lot by not granting them a new notice period, potentially leading to immediate removal of displaced persons trying to comply.
Pros for Conservatives
- Maintains the authority of government agencies to forcibly remove encampments from public property, ensuring public spaces can be cleared of unauthorized use.
- Includes robust exceptions that allow for immediate removal of encampments that interfere with construction, infrastructure repair, or pose safety and health risks.
- Prevents individuals from exploiting the notice period by moving their encampment to an adjacent lot to restart the 20-day clock, closing a potential loophole.
Cons for Conservatives
- Imposes a lengthy 20-day waiting period before authorities can clear unauthorized encampments from public spaces, potentially prolonging public nuisances.
- Creates additional bureaucratic hurdles for local governments, requiring them to coordinate with the state housing office and post formal notices before taking action.
- Grants specific legal protections to individuals unlawfully occupying public property, which could be seen as undermining the rule of law and public order.
Constitutional Concerns
None Likely. The bill actually enhances due process protections for unhoused individuals by mandating a 20-day notice period before property and persons are removed from public spaces. The exceptions provided are standard for emergency, health, and safety hazards. It generally aligns with Eighth Amendment and Fourteenth Amendment considerations regarding the treatment of homeless populations by establishing clearer procedural safeguards prior to encampment sweeps.
Impact Overview
Groups Affected
- Unhoused individuals
- Law enforcement agencies
- Municipal governments
- State housing agencies
- Public works departments
Towns Affected
All
Cost to Taxpayers
Amount unknown
Revenue Generated
None
BillBuddy Impact Ratings
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Freedom Impact
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Public Services
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Regulatory
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Clarity of Bill Language
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Enforcement Provisions
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Environmental Impact
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Privacy Impact
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Bill Status
Current Status
Held
Comm Passed
Floor Passed
Law
History
• 05/15/2026 Introduced, referred to Senate Housing and Municipal Government
• 05/15/2026 Scheduled for hearing and/or consideration (05/21/2026)
• 05/21/2026 Committee recommended measure be held for further study
• 05/15/2026 Scheduled for hearing and/or consideration (05/21/2026)
• 05/21/2026 Committee recommended measure be held for further study
Bill Text
SECTION 1. Chapter 34-37.1 of the General Laws entitled "Homeless Bill of Rights" is hereby amended by adding thereto the following section:
34-37.1-7. Encampments.
(a) Prior to the forcible removal of encampments on public property, the removing agency shall provide at least twenty (20) days written notice to the occupants stating the timeframe to vacate the encampment, which shall be done by the posting of the notice on the encampment itself, and shall provide a copy of such notice to the executive office of housing ("EOH") and the Regional Access Points identified and listed by the EOH, unless:
(1) Such encampments are located within a state or federal right of way and there is an immediate public safety need for the removal of the encampment; or
(2) Such encampments are located in or directly adjacent to an active construction site; or
(3) The encampment interferes with scheduled public infrastructure repairs, maintenance or inspections; or
(4) The encampment is on or near an area which has environmental hazards; or
(5) There is otherwise an immediate and documented public safety or health concern regarding the location of the encampment.
(b) An encampment is defined as a temporary shelter erected outdoors in public spaces not meant for human habitation which may be inhabited by an individual or individuals, and such term refers to both individuals and their respective personal belongings.
(c) The movement of an encampment by the occupants to another area on the same lot, or a contiguous lot after a written notice is given to that same encampment in subsection (a) of this section shall not require a new notice or new notice period prior to removal.
SECTION 2. This act shall take effect on October 1, 2026.
34-37.1-7. Encampments.
(a) Prior to the forcible removal of encampments on public property, the removing agency shall provide at least twenty (20) days written notice to the occupants stating the timeframe to vacate the encampment, which shall be done by the posting of the notice on the encampment itself, and shall provide a copy of such notice to the executive office of housing ("EOH") and the Regional Access Points identified and listed by the EOH, unless:
(1) Such encampments are located within a state or federal right of way and there is an immediate public safety need for the removal of the encampment; or
(2) Such encampments are located in or directly adjacent to an active construction site; or
(3) The encampment interferes with scheduled public infrastructure repairs, maintenance or inspections; or
(4) The encampment is on or near an area which has environmental hazards; or
(5) There is otherwise an immediate and documented public safety or health concern regarding the location of the encampment.
(b) An encampment is defined as a temporary shelter erected outdoors in public spaces not meant for human habitation which may be inhabited by an individual or individuals, and such term refers to both individuals and their respective personal belongings.
(c) The movement of an encampment by the occupants to another area on the same lot, or a contiguous lot after a written notice is given to that same encampment in subsection (a) of this section shall not require a new notice or new notice period prior to removal.
SECTION 2. This act shall take effect on October 1, 2026.