Characteristics & Guidelines
Co-Governed Homeless Encampments / Settlements
by the Homeless Advocacy Working Group (HAWG)
January 2021
The universal declaration: "Housing is a Human Right," is affirmation that all people -- regardless of one's station in life -- deserve to be sheltered in adequate and safe, and comfortable and convenient accommodations at costs they can afford.
The Crisis of “Homelessness”
Homelessness is an involuntary condition where people or households lack traditional shelter, personal space, privacy, and secure protection against climate, weather, or unsolicited harm. Typically, persons experiencing homelessness are community members who have lived in Oakland most their lives and who may have suffered a loss of income, or whose income is not sufficient to afford the cost of traditional housing.
Persons or households who become homeless -- due to circumstances and the will to survive -- are forced to seek shelter: on the ground, on the street, in a tent, in vehicles, under a freeway, in a temporary overnight shelter, or in spaces that are abandoned, vacant, or unused.
The fundamental responsibilities of government are to protect public health, to assure the safety and security of persons and property, to provide the essentials for satisfactory living conditions with the potential to thrive; and to assure that all persons are treated with honor, dignity, and respect.
In the fulfillment of government's basic shelter responsibilities, and owing to escalating demand and the needs of unhoused persons, various types of both traditional and nontraditional accommodations must be considered.
Elements of Sanctioned Co-Governed Encampments / Settlements
A. Co-Governed (or Self-Governed) Homeless Settlements
(This document will use the United Nations recommended term “Settlements” instead of “Encampments”) Co-Governed Settlements are efficient means of providing immediate, temporary, transitional, transitory, or semi-permanent shelter for persons experiencing homelessness. By requiring minimal publicly-provided administration, successful, sanctioned co-governed settlements offer significant economic benefits for the city while increasing the self-worth, dignity, and quality of life for the unhoused.
A Sanctioned Co-Governed Settlement is an assembly of tents, structures or vehicles established on publicly-owned or publicly-leased land or facilities, with the announced consent and oversight of the jurisdiction in accord with mutually developed procedures and responsibilities. Co-Governed Settlements function autonomously with a democratically elected on-site leader, or leadership cadre or structure that interacts with a City-commissioned Contract Manager. The Contract Manager coordinates intermittently with Settlement Leadership, overseeing up to 10 separate co-governed settlements and serving as the bridge between the Settlement Communities and City and County departments for services, needs, and communications -- at significant savings to the City in administrative costs.
B. Development Considerations
Decisions concerning site facilities, location, site amenities, site layout and design of Co-Governed settlements must occur through a fair, equitable, and democratic process involving settlement residents in coordination with the Contract Manager. The following suggestions derive from successful co-governed settlements, unhoused and community advocacy expertise, and a University of Berkeley case study and analysis (Ebert, Licona, Steinmetz 2020) commissioned by the City of Oakland, and considered as current best practices.
Suitable Facilities and Structures
C. Layout and Design Considerations
D. Community Agreements and Internal Facilitation
Successful Co-Governed Settlements are dependent on the promulgation of Community Agreements that are freely, robustly, and democratically developed by and with Settlement residents.
It is imperative that operation, governance, and facilitation processes of Co-Governed Settlements must center the needs, experience, and wisdom of the resident community. Authentic buy-in and self-determination of residents in developing Community Agreements is essential to success. Conversely, external administration and enforcement are contradictory to self-worth, individual pride, and group accomplishment.
The listed factors are best practice recommendations. However, each Co-Governed Settlement is unique. The Community Agreement that results from inclusion of selected factors will be developed by each resident group and will vary in response to the needs of each Settlement.
Co-Governance and Facilitation Policies to be Developed by each Settlement
E. Functions of the Contract Manager
F. City Authorization and City Functions
Co-Governed Homeless Encampments / Settlements
by the Homeless Advocacy Working Group (HAWG)
January 2021
The universal declaration: "Housing is a Human Right," is affirmation that all people -- regardless of one's station in life -- deserve to be sheltered in adequate and safe, and comfortable and convenient accommodations at costs they can afford.
The Crisis of “Homelessness”
Homelessness is an involuntary condition where people or households lack traditional shelter, personal space, privacy, and secure protection against climate, weather, or unsolicited harm. Typically, persons experiencing homelessness are community members who have lived in Oakland most their lives and who may have suffered a loss of income, or whose income is not sufficient to afford the cost of traditional housing.
Persons or households who become homeless -- due to circumstances and the will to survive -- are forced to seek shelter: on the ground, on the street, in a tent, in vehicles, under a freeway, in a temporary overnight shelter, or in spaces that are abandoned, vacant, or unused.
The fundamental responsibilities of government are to protect public health, to assure the safety and security of persons and property, to provide the essentials for satisfactory living conditions with the potential to thrive; and to assure that all persons are treated with honor, dignity, and respect.
In the fulfillment of government's basic shelter responsibilities, and owing to escalating demand and the needs of unhoused persons, various types of both traditional and nontraditional accommodations must be considered.
Elements of Sanctioned Co-Governed Encampments / Settlements
- Defining Co-Governed Homeless Settlements
- Development Considerations
- Layout and Design Considerations
- Operations of Co-Governed Settlements
- Community Agreements and Internal Facilitation
- Functions of the Contract Manager
- Functions and Authorizations of the City
A. Co-Governed (or Self-Governed) Homeless Settlements
(This document will use the United Nations recommended term “Settlements” instead of “Encampments”) Co-Governed Settlements are efficient means of providing immediate, temporary, transitional, transitory, or semi-permanent shelter for persons experiencing homelessness. By requiring minimal publicly-provided administration, successful, sanctioned co-governed settlements offer significant economic benefits for the city while increasing the self-worth, dignity, and quality of life for the unhoused.
A Sanctioned Co-Governed Settlement is an assembly of tents, structures or vehicles established on publicly-owned or publicly-leased land or facilities, with the announced consent and oversight of the jurisdiction in accord with mutually developed procedures and responsibilities. Co-Governed Settlements function autonomously with a democratically elected on-site leader, or leadership cadre or structure that interacts with a City-commissioned Contract Manager. The Contract Manager coordinates intermittently with Settlement Leadership, overseeing up to 10 separate co-governed settlements and serving as the bridge between the Settlement Communities and City and County departments for services, needs, and communications -- at significant savings to the City in administrative costs.
B. Development Considerations
Decisions concerning site facilities, location, site amenities, site layout and design of Co-Governed settlements must occur through a fair, equitable, and democratic process involving settlement residents in coordination with the Contract Manager. The following suggestions derive from successful co-governed settlements, unhoused and community advocacy expertise, and a University of Berkeley case study and analysis (Ebert, Licona, Steinmetz 2020) commissioned by the City of Oakland, and considered as current best practices.
Suitable Facilities and Structures
- Tent villages or pavilion assemblies
- Alternative structure types, including small houses, accessory dwelling units (ADUs), converted containers, FEMA units & FEMA-type trailers, manufactured modular units, manufactured village complexes
- Vacant or converted houses, buildings, warehouses, hotels, and motels
- Unused or repurposed City, County, State & Caltrans properties, buildings, open space areas, and other suitable facilities
- Acquired tax-deeded properties and leased private buildings and lots
- Surplus school campuses, buildings, and suitable grounds
- Acquired or leased parking lots and appropriate property easements
- Vehicle camps in suitably located spaces along public streets, including dead ends and cul-de-sacs (An extensive draft of a HAWG recommended "Safe Parking Policy" is in near-complete form for a future release)
- Appropriate combinations of these types
- Areas with relatively level ground surfaces
- Convenient to public transit
- Reasonably accessible to services, conveniences, and destinations typically visited by residents, including but not limited to food services, medical care, program appointments, and community support
- Sparsely used areas of large parks or undeveloped or cleared open space
- One settlement per, and on only one side of an appx city block length.
C. Layout and Design Considerations
- Objective: To display the appearance and character of a neat, orderly, unified community with coordinated types of structures and facilities
- A rationally designed and planned layout that facilitates a functional and logical flow of activities.
- Boundary enclosure with degree of see-thru visibility determined by residents
- Accessible entry area with secure space for bikes and carts. And, if desired, a table or designated space for receiving donations.
- Secure structure types or trailers are preferred. If tents are used, they should be high quality and provided with platforms of durable material under each tent.
- Suitable sanitation provisions and trash collection schedule appropriate for the number of residents are a must.
- Reliable provision and servicing of water and power, sufficient for needed lighting and charging of cell phones and devices.
- If public utilities, power, and water cannot be provided, sufficient safe alternatives (solar panels or solar cells, water tanks and delivery, regularly serviced shower and toilet trailers, etc.) are a must.
- At least one centrally-located, weather-protected, outdoor communal space, with tables and comfortable seating for socializing and/or receiving guests.
- Where possible, indoor communal space should be provided.
- A community bulletin board for posting messages should be conveniently located in the communal area
- A communal area for food storage and preparation
- The settlement should have a deliverable street address with a secure inbox (or inboxes) located near the entry for receiving mail, parcels, and deliveries.
- Rubbish collection areas should be screened and be provided with large, wheeled dumpsters and rubbish bins, including recycle receptacles.
- Rubbish and sanitation areas must be conveniently located for pickup and servicing.
- Limited storage area adjacent to, or contained in each dwelling facility, in addition to a common secured storage facility with defined cubicles for excess individual storage.
- Individual resident storage, if visible, should be limited, or be placed in adjacent storage tents.
- Visitor areas must consider use by child-age visitors or relatives of residents in an environment where youth feel safe and cared for.
- Activity area for pets.
- Placement of, and regular servicing of pest and vector control appliances. The use of poisons is strongly discouraged due to potential threat to pets, negative impacts on natural predators, and worsening of vector concerns.
- Adequate reserved areas -- on or off-site -- for intermittent administration, social service and health specialists, and shower truck and service vehicle visits
D. Community Agreements and Internal Facilitation
Successful Co-Governed Settlements are dependent on the promulgation of Community Agreements that are freely, robustly, and democratically developed by and with Settlement residents.
It is imperative that operation, governance, and facilitation processes of Co-Governed Settlements must center the needs, experience, and wisdom of the resident community. Authentic buy-in and self-determination of residents in developing Community Agreements is essential to success. Conversely, external administration and enforcement are contradictory to self-worth, individual pride, and group accomplishment.
The listed factors are best practice recommendations. However, each Co-Governed Settlement is unique. The Community Agreement that results from inclusion of selected factors will be developed by each resident group and will vary in response to the needs of each Settlement.
Co-Governance and Facilitation Policies to be Developed by each Settlement
- The requirements, if any, for entry to the Settlement and for continued residency, (Low barriers are recommended)
- Clear policy and procedure on how new residents may join the community
- Policy on causes for removal from the Settlement, including harmful actions and behaviors.
- Clear and well-defined expectations of Settlement residents
- Opportunity for organizing and creation of resident committees by identity groups or affinity topics, including senior, youth, women, gender, LGBTQIA+, Indigenous or language focused groups.
- Policy regarding substance dependence & use, dry & sober, mental affliction, belligerent behavior, etc.
- Methods, procedures, and timing for democratic determination of Settlement leader or leadership cadre, or other means, and establishing respective responsibilities.
- Methods of leadership participation, including regularity of meetings, discussion of Settlement issues and needs, achievement of decorum among residents, matters of governance, conflict resolution, and adherence to conduct and residency agreements.
- Determination regarding gender equality and gender separation ... or not.
- Application of Settlement rules and agreements, with provision for periodic review and re-endorsement of rules and agreements by Settlement residents.
- Procedures and agreements regarding when to involve (or not involve) police.
- Residents -- like housed neighbors -- must be free to come and go on their own schedules,
- Agreements should include a strong policy regarding acts of physical violence among residents and pets, including how to respond to the incident and/or individuals. A mediation process and support are highly encouraged.
- Agreements should include clear policies on visitors, including what parts of the Settlement can or cannot be accessed, expected behavior, and how to respond to breaches of the Agreement.
- Settlement leadership tasked with service responsibilities are accountable to the Community Agreement, including coordinating with the Contract Manager on needs of the settlement, data metrics, and communications to, and with other relevant third parties.
- Settlement Leadership has the duty to encourage and achieve relative peaceful cohabitation in the community, including adherence to Community Agreements, respect for housed neighbors, and cooperation in maintaining a healthy and orderly environment.
- Settlement leaders are to be held to the highest standards of accountability, and are not to use their position to control residents or processes for personal gain.
- Residents can propose how they would like to contribute to the community based on the gifts or talents they offer.
- The community of residents shall determine if compensation to the Settlement leadership is warranted for performance of leadership responsibilities based on camp dynamics, and, if compensation by the Contract Manager Is agreed, the community should also decide if compensation should be in cash, prepaid cash cards, or other means.
- Donated labor from community residents should not be viewed by the City or Contract Manager as a cost-saving measure, and where appropriate and agreed upon by residents and Contract Manager, stipends (not countable as income) should be issued.
- The Settlement Leadership should be authorized, by community agreements, to communicate directly with OPD and OFD when deemed necessary, especially for safety and for protection against intruders, trafficking actions, physical and/or financial abuse, etc.
E. Functions of the Contract Manager
- The Contract Manager is legally commissioned by the City to coordinate with Settlement Leadership and residents in contracting and coordinating services and utilities, monitoring successful and safe site operations, and collecting and reporting designated data.
- The Contract Manager is the "communication link" between Settlement Leadership and residents, and City & County agencies, managers, and departments for needs, supplies, requests, scheduled actions, adopted policies, and policy interpretations.
- The Contract Manager, in coordination with Settlement leadership, assures that all residents are enrolled in the “Coordinated Entry” program of Alameda County, and facilitates the occurrence of regular visits by appropriate “Continuum of Care” professionals and specialists, including attainment of applicable social benefits, housing searches, and housing placements.
- The Contract Manager assures the scheduling and reliable follow up of service providers to the Settlement, which may/should include transportation assistance, rubbish pick-up, servicing of sanitation facilities, “Continuum of Care” visits, and maintenance, at least weekly, of sanitation, potable water, hand washing stations, needle collection, shower truck, and utility & power & services.
- The Contract Manager provides communication technology to connect Settlement residents, including a paid cell-phone for use by Settlement Leadership.
- The Contract Manager defines and offers a uniform schedule of cash compensation for Settlement leadership functions, and delivers agreed compensation or non-income compensation to Settlement Leadership and/or other resident roles on a regular, mutually agreed basis.
- The Contract Manager respects the elected leadership but does not supersede Settlement Leadership and employs a communication policy of respect with Settlement residents.
- The Contract Manager interacts primarily with Settlement leadership, not with Settlement residents,
- As the Contract Manager's role is severely reduced from comprehensive administration of a single Settlement site to only oversight, monitoring, and communication, it is envisioned that each "Contract Manager Agreement" can serve up 10 Co-Governed Settlements.
- The Contract Manager should partner with Settlement Leadership to coordinate quarterly open meetings of Settlement residents and the surrounding community, with invitations distributed within ¼ mile of the Settlement. Meetings should occur in communal areas in an atmosphere of openness, transparency, and mutual respect.
F. City Authorization and City Functions
- The City administration will designate Settlements as "sanctioned," including the provision of needed stability and security for the Settlement community and the authorizing of needed services and oversight.
- The City will develop a minimum "performance standard" (different from Housing Codes) for Settlement structures, accommodations, and facilities, based on safety, security, protection of public health, and least harm to Settlement residents.
- The City should have a vigorous and active program of purchasing and leasing properties and facilities toward developing an inventory of, from, and among the broad variety of “Suitable Facilities and Structures” listed in Section B.
- The City will coordinate directly with the Contract Manager to provide applicable, or available municipal utilities and services
- The City will modify its liability policies to provide and finance blanket endorsement of Co-Governed Settlements and Contract Managers covering all of each Manager's Sanctioned Settlements.
- The City may authorize quarterly “walk-through” compliance inspections by the Fire Department, coordinated with appropriate agencies for needed support, repair, and rectification.
- The City shall establish a neutral third-party mediation capability for resolving potential disputes between Settlement Leadership and Contract Managers.
- The City may perform annual audits of operations and performance of Sanctioned Co-Governed Settlements for record purposes and for developing recommended improvements.
