The Oakland City Council has again postponed a vote on a controversial policy aimed at increasing enforcement on homeless encampments. The delay came after California officials warned that the policy could put at risk nearly $45 million in state homelessness funding for Oakland and Alameda County.
State Pushback Forces Oakland to Pause Vote
The original Encampment Abatement Policy, introduced by Councilmember Ken Houston in September, proposed stricter rules. It would have allowed the city to remove camps and tow vehicles without offering shelter first. It also included the ability for police to arrest people for camping on public property and tow unregistered RVs used as homes.
Shortly after the proposal was released, the state’s Interagency Council on Homelessness (Cal ICH) stepped in. Under state rules, cities must align their encampment policies with Cal ICH guidelines to qualify for Homeless Housing, Assistance and Prevention (HHAP) grants.
State Requirements: Shelter Must Be Offered First
Cal ICH rules say cities must make an effort to offer shelter or a safe alternative location before removing an encampment. After this feedback, Houston revised the policy to require that the city make “every reasonable offer of shelter” before clearing a site.
State Says More Changes Are Needed
Even with revisions, Cal ICH said the policy still didn’t go far enough. The agency asked Oakland to broaden the areas where encampments can legally exist.
Cal ICH Executive Officer Meghan Marshall wrote:
“As written, it is difficult to determine where Oaklanders experiencing homelessness can exist in the city without being subject to enforcement.”
Following these concerns, Council President Kevin Jenkins removed the vote from this week’s agenda.
City Leaders React
Ken Houston expressed frustration, saying the state keeps “moving the target” even after the city addressed earlier concerns.
Marshall responded that their feedback has been “consistent and unchanged.”
Mayor Barbara Lee supported taking the state’s concerns seriously, stating:
“Families deserve clean and safe streets, and our unsheltered neighbors deserve real pathways into housing and stability.”
How State Oversight Works
While Cal ICH cannot remove funding directly, it alerts the California Housing and Community Development department when local policies conflict with the state’s Housing First guidelines. The agency has also intervened in San Francisco and San Jose under similar circumstances.
The Homelessness Crisis in Oakland
Oakland has around 5,500 homeless residents, with more than 3,600 living outdoors in tents, cars, or makeshift shelters. Yet, the city has only about 1,400 shelter beds, making enforcement a complicated issue.
This debate is unfolding just one year after the U.S. Supreme Court’s Grants Pass ruling, which allows cities to enforce anti-camping laws even if shelter space is limited.
Public Voices Oppose the Policy
Dozens of speakers at the council meeting urged officials to adopt a more compassionate approach. Many said enforcement without guaranteed shelter would worsen the crisis.
Encampment resident Mavin Carter-Griffin said:
“We’re here because we want independence. We’re here because we want a voice.”
Transparency Issues Add Pressure
Earlier this year, the Oakland City Attorney warned Houston and Jenkins that they violated the Brown Act — California’s open-meeting law — by privately discussing the policy with other councilmembers outside of public meetings.
What Happens Next?
A revised policy is expected to come back to the council in January. Houston believes the policy will ultimately pass, saying he can take political risks that others cannot.
He added:
“Everybody up there has a political future. I can move this way… the negative press doesn’t affect me.”
Conclusion
Oakland’s struggle to balance safety, compassion, and compliance with state rules highlights the complexity of addressing homelessness. With millions in state funding on the line and thousands of unsheltered residents in need, the city faces a major test as it prepares to revisit the policy in early 2026.
