A Legal Perspective On Homelessness For The Property Owner

Law360, New York (October 7, 2015, 4:44 PM EDT) -- Owners and tenants of commercial property in central business districts throughout the U.S. regularly come upon the homeless. Some of the observers will wonder "why doesn't the city do something about that?" In searching for an answer to that question, municipal authorities need to consider the allocation of scarce resources and assessments of social justice and fairness and how those concepts should be applied to the homeless and their use of streets, sidewalks and public parks. However, a significant aspect of the potential answer to that question rests in judicial decisions throughout the years, which provide constitutional protection to the homeless and impose significant restrictions on how cities can regulate their activities....

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