H.R. 4182 — Housing not Handcuffs Act of 2025

This section prohibits a federal agency from imposing a penalty on a homeless individual (as defined in the McKinney-Vento Homeless Assistance Act, 42 U.S.C. 11302) for permitted uses of public land (i.e., federally owned or leased property held open to the public, including sidewalks, parks, and parking lots), unless adequate alternative indoor space is available. Permitted uses include conducting life-sustaining activities (e.g., sleeping, eating, protecting oneself from elements), using places of public accommodation, soliciting donations, storing possessions with privacy protections equivalent to a private dwelling, religious practices, and occupying a lawfully parked motor vehicle (as defined in 40 U.S.C. 17101) or recreational vehicle. (Thus, agencies must allow relocation of such vehicles before citation or towing and provide free or reduced retrieval for towed vehicles based on ability to pay.) Adequate alternative indoor space must be legally and physically accessible at no charge, available indefinitely without daily reapplication, and accommodate disabilities, pets, partners, family, support persons, and possessions (e.g., tiny homes with locking doors, climate control, sanitary facilities or permitted parking areas with facilities); space in another jurisdiction qualifies only if free transportation is provided. This section authorizes the Attorney General and harmed individuals to sue violating agencies or officials for injunctive relief and attorney fees (with no fee liability for non-frivolous private actions); establishes an affirmative necessity defense (with rebuttable presumption of no alternatives) for homeless individuals charged with related offenses; requires liberal construction to protect against punishment based on housing status; and defines additional terms including "housing status" and "life-sustaining activities."