Foscarinis helpfully grounds these policy decisions in their historical context. Beginning with the New Deal, which dramatically expanded the white middle class while explicitly excluding Black Americans, she shows how federal policy has consistently penalized people for the crime of poverty. Most devastating were Reagan’s cuts in the 1980s, which slashed federal housing funding by half. Although some reinvestments have been made since, “the Reagan cuts have never been restored to their original numbers — while the affordable housing crisis has deepened,” Foscarinis writes.
Rather than provide meaningful help, many governments have opted to criminalize homelessness instead. In 2006, Las Vegas passed a law (which was eventually struck down) “that made it a crime to offer food to anyone who looked like they might be eligible for public assistance,” she writes. Between 2006 and 2019, the National Homeless Law Center found that “laws banning sleeping in vehicles” rose by 213%, citywide bans on loitering and vagrancy increased by 103%, and camping bans went up 92%. A 2024 Kentucky law “allows property owners to shoot an unhoused trespasser — fatally” as part of its unlawful camping ban, Foscarinis’ research finds.
Foscarinis devotes her final chapters to outlining possible solutions, and chief among them is the “Housing First” model. This approach prioritizes stable housing as the first intervention, followed by support services, as needed. Finland, which uses this model, is on track to eliminate homelessness by 2027.
Though Housing First is an official U.S. policy, implementation has been limited not just due to inadequate funding, but because of the shrinking supply of affordable housing. This is particularly frustrating, given that “numerous studies have shown that Housing First not only helps people exit homelessness, stabilizes their health, and improves their lives, it also saves government money,” the book notes. Meanwhile, Los Angeles spent roughly $30 million in 2019 alone just to sweep homeless encampments — an expensive and ineffective tactic.
Central to the book’s thesis is the assertion that acknowledging housing as a fundamental human right is essential to lasting change. Foscarinis contends that only when this right is legally enshrined can effective interventions be implemented at scale. This is, she says, because “embedding the human right to housing in a country’s constitution makes its centrality clear and provides legal grounding for the right.”