Mayor Mahan’s ‘Responsibility to Shelter’ Initiative Criminalizes Refusal—Even When Shelter Isn’t Available
On June 10, 2025, the San Jose City Council approved Mayor Matt Mahan’s “Responsibility to Shelter” initiative. While the plan includes expanded outreach to homeless residents, it also establishes a dedicated police unit to enforce shelter compliance. Under the new policy, unhoused individuals who decline shelter three times within an 18-month period will face citations and possible arrest for trespassing.
Most of San Jose’s Homeless Population Remains Unsheltered
According to San Jose’s 2023 Point-in-Time (PIT) count, more than 6,250 people are experiencing homelessness in the city, with at least 4,500 living without shelter. The breakdown shows that 43% are living outdoors, 20% in vehicles, 13% in unsafe or uninhabitable structures, and just 24% in shelters. That means roughly 70% of San Jose’s homeless population is unsheltered.
Given these figures, Mayor Mahan’s policy is likely to result in large numbers of unhoused residents being cited or arrested—not due to refusal but because adequate shelter options remain unavailable.
It’s also important to note that PIT counts are widely recognized as flawed. Earlier this year, Invisible People spoke with Adam Ruege, Director of Strategy and Evaluation at Community Solutions, about the limitations of these counts…