San Jose Mayor Takes Dual Approach to Unsheltered Homeless Population

In a commentary published in The Mercury News, Mayor Matt Mahan describes a shelter and law enforcement approach to ending targeted homeless encampments within Northern California's largest city.

2 minute read

March 14, 2025, 8:00 AM PDT

By Irvin Dawid


Tents set up by unhoused people under freeway overpass in San Jose, California with American flag above them.

Grendelkhan, CC BY-SA 4.0, via Wikimedia Commons / Wikimedia Commons

The unsheltered homeless landscape in the Western United States was transformed last summer after the Supreme Court overturned the Ninth Circuit's Martin v. Boise ruling of 2018. As a result of Grants Pass v. Johnson, shelter availability was no longer a requirement for a city to ban camping on public property.

Unlike some California cities that have banned shelter construction, San Jose is committed to providing housing for its homeless population. “In the next year, San Jose will bring online over 1,000 new quick-build housing units and shelter beds for the homeless,” writes Mayor Matt Mahan in the introduction to his commentary published in The Mercury News on March 7.

But what happens when campers reject public shelter offers? Mahan writes that this has become a problem, noting that these individuals represent a “subset of people who are 'service resistant' — unwilling to come indoors due to an addiction, mental health issue or personal preference.”

Recently, over 30% of the inhabitants of an encampment along Great Oaks Boulevard refused new individual interim [aka transitional] housing units with private bathrooms and kitchenettes — a trend we’re seeing across several new sites.

Enforcement policy proposal

Mahan wants the city to adopt an enforcement policy to deal with campers who refuse the shelter offer, essentially codifying the landmark Supreme Court ruling. 

That’s why I am proposing that our city embrace enforcement as a necessary tool for achieving our goal of moving everyone indoors. To do so, we need to update city policy to enforce trespassing laws against those who repeatedly refuse shelter. Enforcement should escalate from warnings to citations to, ultimately, arrest for repeated violations of our municipal code, including refusing shelter, tapping city electrical lines and camping in no-camping zones.

Joyce Chu, who covers homelessness and equity issues in Santa Clara County for the San José Spotlight, reported on March 6 that Mahan “unveiled his 'Responsibility to Shelter' initiative Thursday, where homeless people who choose not to accept shelter after three attempts within an 18-month period will be subject to arrest for trespassing.”

The goal is to send people to the behavioral health court system and compel them to get treatment. If adopted by the full San Jose City Council during the upcoming budget process, the policy would only apply to homeless people living near new shelters.

The court system is known as CARE Court [pdf], short for the name of the state legislation, Community Assistance, Recovery and Empowerment Act, signed by Gov. Gavin Newsom in September 2022.

[See the CARE Court subheading in the October 18, 2023 news post, "Election 2024: California Voters to Decide on $6 Billion Homelessness Bond," which narrowly passed on the March 2024 ballot.]

Friday, March 7, 2025 in The Mercury News

Young Professional

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching. Mary G., Urban and Environmental Planner

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching.

Mary G., Urban and Environmental Planner

Get top-rated, practical training for planners

"Planetizen federal action tracker" logo superimposed over black and white image of US Capitol dome.

Planetizen Federal Action Tracker

A weekly monitor of how Trump’s orders and actions are impacting planners and planning in America.

October 28, 2026 - Zachary Whalen

A car drives through a puddle, making a large splash. Rain pours down.

California plans to bury El Niño’s downpour

If the state plays its cards right, it may be able to store a billion acre-feet of El Niño’s water in aquifers.

October 28, 2026 - Grist

Lake Powell with much of the water evaporated.

Desperate measures: Advocates weigh draining Lake Powell to fill Colorado River

Draining the reservoir could reduce evaporation losses by a couple hundred thousand acre-feet.

October 30, 2026 - Yale Environment 360

The Chicago Avenue Bridge when it was open, a dark red bridge in front of downtown.

Chicago Avenue bridge construction delays enrages city leaders

The bridge has been closed since 2025. The city originally aimed to re-open it in December, and now expects to finish construction in 2027.

November 1 - Block Club Chicago

People walk to a bus in Queens

NYC bus network redesign speeds up Queens buses

Rush routes have seen a 4.6% speed increase after the redesign.

November 1 - Mass Transit

A rendering of the California high speed rail Fresno station. Two escalators leading into the station are visible.

California High-Speed Rail Authority picks trainset manufacturer

The California High-Speed Rail Authority aims to start servicing passengers by 2033.

November 1 - Railway News