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How to Remove Homeless People Who are Living in a Parking Lot

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  • 09-09-2015, 05:08 PM
    douglasssmith
    How to Remove Homeless People Who are Living in a Parking Lot
    This is about landlord-tenant law in City of Inglewood, County of Los Angeles, State of California.

    What are the rules for removing a homeless person who is occupying (either awake with possessions or sleeping in) a parking lot behind a small (8000 sq. ft.) commercial building or on the sidewalk in front of it? I own the building.

    According to the LA Times of Sept. 7, 2015: "The [U.S.] Department of Justice said banning people from sleeping in the street is unconstitutional." The article goes on to suggest that homeless camps not be dismantled because that amounts to criminalization. I believe there may be rules for removing homeless people from private property, but they might be different for commercial vs. residential. In any case, I assume it's more involved than simply calling the police. At the moment, I don't have anyone who has made a camp in my parking lot but I want to be prepared. I do understand, however, that from time to time people have been caught sleeping in the parking lot at night. They move of their own accord come morning. The area of Inglewood in question is working class, not a slum, but not upscale either.

    BTW, the point of this message is straightforward. It's not a Trojan horse to debate, decry or justify homelessness.
  • 09-09-2015, 05:22 PM
    jk
    Re: Rules for Removing Homeless People
    if the person is on private property without permission, they are trespassing. If you own the property or manage the property, call the police and report the trespasser. If you do not own or manage the property, the best you can do is contact the owner or manager to let them know there is somebody apparently camping out in their parking lot.
  • 09-09-2015, 05:49 PM
    douglasssmith
    Re: Rules for Removing Homeless People
    I own the building.

    What if a person is occupying the sidewalk in front of the building? Probably not in the middle of the sidewalk, but either (1) close to or leaning up against the building; or (2) that portion of the sidewalk between where people walk and the curb. Since it's a commercial street, there is no grass in that area.
  • 09-09-2015, 06:41 PM
    jk
    Re: Rules for Removing Homeless People
    It is going to depend on the specific area you are in but in most places, a sidewalk is within an easement as a public right of way. That means unless you could stop me, for example, from using sidewalk simply because you don't want me on the sidewalk, you would have no right to prevent the homeless guy from using the sidewalk.

    as to specific placement; you would have to research public right of way easements and exactly where they are in regards to the building.


    the fact remains; there are generally laws against just hanging out on a sidewalk such as loitering that would allow the police to demand he move. Some municipalities limit the public right of way to the sidewalk which would mean you could control any area outside of the sidewalk if it is actually your property.

    These are all questions that will require research into your very specific area. Any answer I could give is going to be a generalization.
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