March 20, 2025
There were more than 771,000 unhoused people on a single night in 2024. This is an 18% increase over 2023 and the highest number recorded since the U.S. Department of Housing and Urban Development (HUD) began its Annual Homelessness Assessment Report in 2007.
As the number of those who are unhoused continues to rise, many unhoused individuals struggle to navigate the legal system. They face difficulties securing legal aid, resources, and representation because of their separation from mainstream society.
Unhoused courts, also known as homeless or housing courts, give these individuals a way to access legal support. These courts address unhoused individuals' legal issues and connect them to social services, housing assistance, and programs to reintegrate them back into society. Instead of relying on punitive measures, this approach not only lessens the legal burdens of the homeless population but also reduces recidivism. These specialty courts address root causes like housing shortages and mental health issues that lead to mostly minor offenses.
Several states have statutes or court orders establishing or maintaining homeless courts, such as Arizona, South Carolina, and Washington. Other states have established housing courts or initiatives aimed at assisting homeless individuals. In Arizona, for example, the Maricopa County Regional Homeless Court helps individuals experiencing homelessness resolve misdemeanor cases and warrants. In California, community and homeless courts are both therapeutic justice courts offering programs in community service centers that address the problems that lead to the individual being homeless. In Florida, Miami-Dade County supports homeless individuals through community resource centers offering essential services, housing assistance, and support programs.
Reimagining Housing Court: A Framework for Court-Based Eviction Diversion highlights how courts can take an upstream approach to reducing homelessness and housing instability through eviction diversion programs that link tenants with housing support, legal aid, and social services to address root causes. This approach can reduce evictions, which are often a cause of homelessness, and improve litigant outcomes and experiences in court.
As more states try to tackle the issues of unhoused individuals, housing courts and diversion programs continue to evolve and expand which can lead to more stable housing solutions, less crime, and stronger communities.
What has your state or court implemented to assist unhoused individuals? Share your experiences with us. Email us at Knowledge@ncsc.org or call 800-616-6164 and let us know. Follow the National Center for State Courts on Facebook, X, LinkedIn, and Vimeo. For more Trending Topics posts, visit ncsc.org/trendingtopics and subscribe to the LinkedIn newsletter.