CHAPTER 3

Homelessness and Public Transportation

A range of public agencies, including transit agencies, interact with people experiencing homelessness on a day-to-day basis. In the United States, transit agencies have been responding to the effects of homelessness on transit vehicles, facilities, and passengers for years, but impacts on transit service quality and operations have dramatically increased over the last 10 years, with an increasing number of individuals seeking shelter on the transit system (Boyle 2016; Loukaitou-Sideris et al. 2020).

The increase in the number of people experiencing homelessness has affected transit services through impacts on vehicles, facilities, employees, service quality, and housed passengers. Transit agencies have observed differences in the way individuals use the transit system or seek shelter on the system or in facilities (e.g., stations and parking garages) or on surrounding transit-owned land (e.g., via encampments), presenting different challenges to operations, maintenance, and security (Loukaitou-Sideris et al. 2020; Ding et al. 2021). From people sleeping on buses to a person experiencing homelessness taking a train to see a doctor, transit agencies daily serve and see unhoused people on their systems, facilities, and properties. People experiencing homelessness may also use transit or transit facilities because they are seeking shelter, particularly on buses and trains, which are relatively safe due to the presence of other people and security personnel and are climate controlled.

Transit employees, particularly bus and rail operators, ticket and customer agents, and security personnel, have needed to address homelessness during their daily work, despite a lack of expertise, training, or adequate resources. People seeking shelter on trains or buses or in facilities vary across racial and ethnic groups, gender identities, and relationship/familial status [e.g., single individuals, couples, parent(s) with young or adolescent children]. These dynamics are typically reflective of broader regional homelessness trends.

In a recent study conducted for UCLA, 85% of responding transit agencies (n = 97) in the United States and Canada reported homelessness-related issues in their systems (Loukaitou-Sideris et al. 2020). Of the 85 transit agencies that shared estimates of the number of people experiencing homelessness in their system, about half (n = 43) estimated that there were at least 100 people on the system. In early 2022, New York’s MTA identified 89 encampments in subway stations and 29 encampments inside the subway tunnels (Newman et al. 2022).

Knowing the percentage of the total homeless population seeking shelter on transit systems can help put the challenges facing transit agencies in the context of the homeless populations in their communities. Point-in-time (PIT) counts provide a snapshot of people experiencing homelessness in a community, city, or county on any given night. These counts are conducted on a biannual basis and include people sleeping in cars, outside, and in abandoned buildings, as well as those sleeping in shelters (U.S. Department of Housing and Urban Development 2022a). In some locations, transit agencies assist local agencies and CoCs in the biannual PIT counts.

In Minneapolis, across five biannual counts of people experiencing homelessness, about 55% were sleeping on transit assets (Legler 2019).¹ In one study, 49.6% of transit agencies reported increases in the number of people experiencing homelessness in their systems (Loukaitou-Sideris et al. 2020). In New York City, the presence of people experiencing homelessness increased 20% between 2016 and 2018 (Siff 2019).

3.1 Issues That Transit Agencies Experience Because of Unsheltered Homelessness

Transit agencies are familiar with the negative effects of unsheltered homelessness. Issues that may be associated with homelessness, such as unhygienic practices (e.g., public urination) and housed riders’ safety concerns, are not new to transit agencies (Boyle 2016; Loukaitou-Sideris et al. 2020). Transit agencies also face challenges related to public drug use, overdoses, crime, mental health crisis events, and other public disruptions that require transit agencies to respond. These challenges have posed significant impacts to ridership, transit employees, and other riders’ perceptions of safety. In some cities, issues of crime, homelessness, and other activities on the subway have pushed agencies, such as New York MTA, to start enforcing rules more strictly and to deploy more teams of police officers and mental health workers to the transit network (Newman et al. 2022; New York Metropolitan Transportation Authority n.d.a).

An APTA study found that, of 49 transit agencies surveyed, approximately 73% identified homelessness as negatively affecting their system, from making riders feel unsafe to people living in facilities to causing disruptions (Bell et al. 2018). Access to public facilities and places is often important in providing safe and accommodating environments but can create tension with other riders. For example, a 2011 study surveyed unhoused individuals sleeping overnight in buses in Northern California’s Santa Clara County, where the 24-hour bus line acted as a shelter for people, who often slept on the bus every day (Nichols and Cázares 2011). This creates dilemmas and challenges for the transit agency employees managing the vehicles and for other users of the system.

3.2 Transit Agency Responses

Transit agencies, other public agencies, and local law enforcement have in the past relied on the implementation of punitive measures (e.g., sweeps, arrests, barring, citations) to manage unwanted and illegal behavior in public spaces and on the transit system. In recent years, relying solely on these approaches has been shown to be unsuccessful in addressing the impacts of homelessness and often creates the additional issue of criminalizing homelessness (Bailey et al. 2020; Batko et al. 2020b; Diamond et al. 2021). More recently, transit agencies have recognized that, to implement effective change, human-centered and holistic solutions are needed, such as hiring dedicated personnel with expertise and engaging long-term partnerships with social service and homeless service providers (Loukaitou-Sideris et al. 2020; Ding et al. 2021). Yet transit agencies can only do so much on their own to address the issue. Without broader societal solutions to address homelessness, such as providing affordable housing and shelters as well as mental health, addiction, and employment support, it remains likely that people experiencing homelessness will continue to seek shelter on transit systems.

In response to the concerns of employees and riders and the increased number of unsheltered people on some transit systems, some transit agencies have developed or are developing formal responses to homelessness. Table 3 displays transit agency–reported policies and procedures

Table 3. U.S. transit agencies with policies and procedures on homelessness.

Source: Loukaitou-Sideris et al. 2020, and supplemental data from Boyle 2016. Note: N/A = not applicable.

by type. The table also compares the findings with the survey findings presented in TCRP Synthesis 121: Transit Agency Practices in Interacting with People Who Are Homeless (Boyle 2016). Loukaitou-Sideris et al. hypothesize that the differences in formal policies between the 2016 survey and their 2020 survey may be explained by the larger number of small transit agencies in the 2020 UCLA survey (Loukaitou-Sideris et al. 2020).

In the same study, researchers grouped transit agency response activities to homelessness into two main categories: (1) enforcement, and (2) services and outreach (Table 4). The most often reported activities were enforcement-related activities. Transit agencies could report more than one activity, and places conducting services and outreach activities may also have reported enforcement activities.

Table 4. Common actions by transit agencies in response to homelessness.

Source: Loukaitou-Sideris et al. 2020, and supplemental data from Boyle 2016. Note: Transit agencies could report more than one activity; N/A = not applicable.

3.2.1 Use of Transit by People Experiencing Homelessness

Public transportation plays a crucial role in providing access for people experiencing homelessness. They may use public transportation to reach destinations such as work, temporary housing or shelter, and essential services in much the same way as housed riders use public transit services (Ding et al. 2021). People experiencing unsheltered homelessness may also use transit stations and vehicles as shelter. How people experiencing homelessness use the transit system and facilities and the extent and types of issues faced by transit agencies depends on contextual factors. Some of the contextual factors that may determine the impact of homelessness on a transit agency are size and type of operations, property and facilities owned, geographic and climate conditions, and socioeconomic and political situations. These contextual factors can vary by region or community.

Transit vehicles, transit facilities, and transit-owned property or land can be accessed by people experiencing homelessness. However, there is variability in how and when individuals experiencing homelessness use these locations. Transit agencies most commonly report that individuals spend some portion of the day or night on the transit system or in facilities, and they report an increase in individuals seeking indoor shelter during extreme weather conditions. Some individuals may seek shelter more frequently than others and have at times established rapport with transit agency employees such as operators, law enforcement personnel, and outreach employees who most typically interact with riders and users of the system. While there are individual reasons that lead a person experiencing homelessness to use transit, individuals generally are using transit for travel purposes, are searching for respite, or are sheltering from potential unsafe conditions.

Transit facilities, especially stations, offer access to free amenities (e.g., electricity, climate control) and can include a variety of spaces, such as public restrooms and seating areas. At night there are spaces within transit facilities that can be secluded and quiet that may permit people experiencing homelessness to spend the night in relative privacy and safety.

People experiencing homelessness may also sleep or stay at other transit facilities, such as parking structures, park-and-ride lots, unused property, bus stops, and light-rail stations. While these facilities may not provide the same comfort found in a station or building, they are often easy to access and can include more secluded areas (e.g., parking garage stairwells and elevators) that provide fewer possibilities for detection and consequently potential removal. Transit-owned property can offer spaces for people experiencing homelessness to establish encampments. Encampments may include cars, RVs, tents, and makeshift shelters. Encampments are complicated because they are often where people feel safest, and removing them can have severe negative consequences to the residents.

Airports are often a last stop on bus and light-rail systems, which allows individuals to gain convenient access to an airport late into the evening. Some airports around the country, such as in Denver, Portland, San Francisco, and Washington, are working with transit agencies to develop responses to unsheltered homelessness. The responses range from developing joint agreements on coordination of security to multi-partner programs with outreach workers, crisis response staff, and, in some cases, service provision in the transit system.

3.2.2 Enforcement

Law enforcement on the public transportation system has the responsibility of enforcing laws, maintaining security, and addressing the public safety concerns of transit employees and the users of the system. Law enforcement services on transit systems can be provided by various entities, depending on the jurisdiction and the specific transit agency. While some larger transit agencies have their own dedicated police officers, many rely on local police departments with jurisdiction

over transit systems. The goal is to foster a safe and secure environment that encourages public trust and confidence in the transit system, thereby enhancing the overall passenger experience.

Law enforcement agencies (city, county, and state) often collaborate with transit authorities to address various issues, including crime prevention, fare evasion, and responding to emergencies. Their responsibilities may include conducting patrols, providing a visible security presence, investigating and responding to incidents, enforcing transit rules and regulations, and collaborating with other agencies to address specific challenges. Law enforcement agencies are often charged with addressing issues related homelessness in public spaces, including those spaces on or adjacent to the transit system.

Homelessness and enforcement on public transportation transit present complex challenges for law enforcement agencies. Homeless individuals often seek shelter or use public transportation systems for various reasons, including to stay warm, find temporary respite, or access services. Balancing the need for maintaining a safe and secure transit environment while respecting the rights and dignity of individuals experiencing homelessness is crucial. Law enforcement agencies may encounter situations where they need to address behaviors associated with homelessness, such as loitering, sleeping, or panhandling, within the confines of legal and ethical considerations. Effective approaches involve collaborating with social service providers, outreach teams, and community organizations to connect homeless individuals with appropriate resources and support. Building partnerships and employing strategies that emphasize compassion, understanding, and access to necessary services can contribute to more comprehensive and compassionate responses to homelessness on public transit.

Enforcement activities, while warranted in some cases, can create negative situations and be ineffective at helping someone resolve their homelessness (Batko et al. 2020b; Couloute 2018; Diamond et al. 2021). Some transit agencies have responded to people experiencing homelessness by implementing enforcement policies and practices targeting specific behaviors. Cities and transit agencies may have legislation (e.g., ordinances on camping and loitering), code of conduct, and policies (e.g., banning certain items on a vehicle or rules related to use and behavior while on the system) in place to guide behavior on the transit system (Ding et al. 2021). These policies and regulations are often intended to provide a safe environment for transit employees and riders and can be effective, but they also force punitive responses to homelessness, which can put law enforcement or public safety officers in difficult and combative situations, as well as support the criminalization of homelessness (Batko et al. 2020b). Officers are often put in positions to conduct sweeps, confiscate property, and cite, arrest or commit individuals (Rankin 2021). These policies tend to look to remove individuals from the transit system, but they tend to only disperse or displace individuals temporarily (Batko et al. 2020b).

Subpopulations may experience disparate treatment by police and law enforcement officers. Ivanich and Warner (2019) found that youth of color experiencing homelessness were significantly more likely to draw police attention and experience police contact than their white counterparts. People of color make up a disproportional share of people experiencing homelessness (U.S. Department of Housing and Urban Development 2020b; U.S. Interagency Council on Homelessness 2022b), which puts them at higher risk of encounters with law enforcement officers. For example, 12% of BART riders are Black, but 50% of citations related to BART police code of conduct were issued to Black riders (Spieler 2020). An audit of Seattle’s Sound Transit enforcement found that Black riders constituted 9% of light-rail riders but received 22% of fines issued (Lindblom 2022). While these examples are for Black populations of riders, they do highlight a disparity in how laws and policies are enforced across populations, including potentially the homeless population.

Enforcement activities can result in creating dynamics at the intersection of homelessness and the justice system, which can lead to a self-perpetuating cycle (Greenberg and Rosenheck

2008). Some research has shown an association between the criminalization of homelessness and distrust of police, unwillingness to seek help, and an emotional response of feeling victimized (Sebastian 2020; Bailey et al. 2020). Homelessness advocates and researchers have called into question the effectiveness of enforcement-based practices (Bailey et al. 2020; McNamara et al. 2013). Certainly, there is a need for enforcement activities to provide a safe environment for all riders and transit agencies employees. Local police departments and transit agencies’ security and law enforcement departments are exploring other responses to minimize enforcement while providing support to people experiencing homelessness (Loukaitou-Sideris et al. 2020).

3.2.3 Supportive Service Responses

Outreach and service activities focus on supporting people experiencing homelessness. The literature review for this report identified 73 transit agencies that were conducting homeless response and outreach activities. Of the 64 agencies with activities that were well described, there were seven types of response activities: fare reduction, transportation to shelters, homeless outreach programs, crisis management staff response, crisis intervention training, on-site homeless services, and ambassador programs. In addition, 29 transit agencies were conducting more than one activity. The frequency of these activities is summarized in Table 5. The full literature review can be found in Appendix A.

Table 5. Transit agency supportive service responses.

Note: Grey literature sites with homelessness responses (64 transit agencies).

Note

1. The extent of the number of people using transit properties as shelter is not known nationally. While CoCs may identify where a person living unsheltered was sleeping, such as on a bus or train, national reporting requirements do not require that this level of detail be shared with HUD. That means that a national number of those sleeping in or on transportation assets is not available. However, as part of a federally mandated count of people experiencing homelessness, local transit agencies may have data about how many people have slept on or in their properties.