
San Jose leaders approve mayor's "Responsibility to Shelter" ordinance for unhoused
The San Jose City Council approved a controversial ordinance on homelessness at its regular meeting on Tuesday.
It's called the "Responsibility to Shelter". Critics say it criminalizes homelessness, while supporters say it finally gives the city the tools it needs to meaningfully address the crisis. The approval of the ordinance signifies a major shift in policy.
"Over here in Columbus Park, yeah, I'm the longest tenured resident," says Eugene Blackwell. He's been at the city's largest encampment for the past five years and says he's gone to temporary shelters in the past.
Blackwell was back on the streets after he was unable to get permanent housing.
"You know it's a hard transition because you get used to being indoors and you get used to being in a hotel room, then all at once you have to come back to the streets," he told CBS News Bay Area.
Residents living in RVs on the streets of San Jose as of June 2025.
CBS
His home is a box truck. Blackwell said if he were to go into a temporary shelter again, he's worried the city might tow it.
"You know you already gave up everything, and lost everything out here, so when you come back out here, there's pretty much nothing to come back to," he says.
The "Responsibility to Shelter" ordinance requires unhoused residents to accept the offer of shelter if the city provides it. For the first two refusals, the unhoused person could be cited - and if they refuse three times in 18 months, they could be arrested.
"Our expectation is that there will be intervention, including law enforcement intervention, if you repeatedly refuse an appropriate shelter placement," San Jose Mayor Matt Mahan said Tuesday.
Mahan said outreach workers would have discretion over whether to refer cases to police. The mayor said the idea isn't to criminalize homelessness, but instead use the tools at the city's disposal to get people the help they need.
The ordinance has been endorsed by both the San Jose Police and Firefighters Unions as well as the Japantown Business Association.
"The city is out of tools. We're asking our community to spend hundreds of millions of dollars building interim housing, converting motels, modular units. At some point we have to acknowledge that a small subset of folks on our streets simply are unable or unwilling to accept and benefit from what the city can do," Mahan said.
For those like Eugene, the answer isn't that simple.
"You know we didn't get out here alone, and we're not going to make it out of here alone. The mayor can't fix this problem alone, and neither can the citizens. We all have to work together," he said.
The newly approved ordinance goes into effect on July 1st, but city staff said it could take anywhere from 60 to 90 days ramp up before any enforcement actions begin.
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