Homelessness Frequently Asked Questions

Being homeless is not illegal. Residents experiencing homelessness are bound, like all residents, to laws and ordinances which will be enforced if violated. The City does not impose additional restrictions on unhoused residents due to their circumstances. In addition to considering human-centered approaches to addressing homelessness, the City also must consider risks and legal constraints on any response to homelessness, including state and federal court decisions interpreting the state and federal constitutions. These court decisions are colloquially known as “case law.”

Read brief summaries of some case law related to homelessness.

No. The City explicitly prohibits overnight camping in its public parks. By code, City parks are closed to the public overnight through posted hours of operation. In addition, the City does not allow overnight camping in other public places, although there are not currently specific code provisions prohibiting such behavior on most other public property. Instead, such uses are addressed through notices to vacate.

Until June 2024, when the United States Supreme Court issued a decision reversing Ninth Circuit case law, the City had limited enforcement options in either situation when encountering unhoused individuals unless there was adequate shelter beds available, among other criteria. The City is evaluating current policies and solutions as part of the 2025 Homelessness Continuum of Care Action Plan, and staff continue to use a person-centered approach when responding to unhoused residents.

When an individual is blocking a street or sidewalk, Kirkland Police Officers resolve matters on a case-by-case basis, using their discretion to problem solve in a way that considers the entire community. Officers work with other staff on the HART Team to offer resources and request that the individual move. If the person won’t move, they may be cited for disorderly conduct.

When there is an encampment on public property, the City prioritizes connecting unhoused residents with services through outreach from the HART team. The City may provide formal notice to vacate and remove personal property within a specific amount of time, typically at least 72 hours. Removed belongings are stored for at least 60 days. The City monitors camps and continues case management procedures, cleanup of abandoned camps, and limited camp removal on a case-by-case basis.

Unhoused residents can choose not to accept services offered by the City and others. They may do this for several reasons including fear for their safety, distrust of the services offered due to a bad experience with another program, leaving their belongings (e.g. limited space, pets), or fear of losing autonomy over their situation. In addition, shelter is not an appropriate option for everyone considering behavioral health needs, household composition, or other invisible factors. 

If an unhoused resident chooses not to accept available services but does not pose a safety risk to themselves or other community members, the outreach team focuses on repeated interactions over time with the individual to build trust in order to better understand what an appropriate option is on a case-by-case basis.

Private property owners who have discovered someone living on their property without permission have a few options for next steps. First, they can request that individual leave. If they do not leave, property owners can request assistance from Kirkland Police to issue a trespass order by calling the non-emergency line at 425-577-5656, or if there is an emergency, by calling 911. Property owners can also fill out an online report or submit a request through Our Kirkland.

Cleanup of any litter is ultimately the responsibility of the property owner. Most property owners are responsive in cleaning up their property but those who are not may be directed to do so by the City’s Code Enforcement team if a complaint is filed and the debris is visible from the public right-of-way or otherwise a health or safety concern. In these circumstances, the Code Enforcement Team starts by sending a letter asking the property owner to remove the debris within a specified time frame. If the property owner is not responsive, the Code Enforcement Team may issue a Notice of Civil Violation and ask the Hearing Examiner to assess monetary or other penalties. Ultimately, the City can abate the problem and require the property owner to pay for the work to clean up the debris. The Code Enforcement Team can also help connect the property owner with outside organizations that may be able to help with the clean-up effort if the property owner cannot afford to pay or is otherwise unable to complete the work. Property owners can contact the Code Enforcement Team at 425-587-3600 or CodeEnforcement@kirklandwa.gov.

For years, a one-night count was made of people sleeping outside and unsheltered in King County. This point-in-time (PIT) count served as a snapshot of homelessness on a single night, typically in late January. According to the 2020 Count Us In report, 446 unsheltered people and 586 sheltered people were found in East King County.

King County Regional Homelessness Authority (KCRHA), who leads data collection efforts county wide, did not conduct a count in 2021 and in 2022 received an exception to change how the agency approaches data collection. Recognizing there is no singular methodology that accurately captures those experiencing homelessness, KCRHA incorporated a hybrid model of the PIT and a cross-systems analysis of homeless response systems. For more information, visit the Data Collection dashboard.

There are several organizations that support residents experiencing homelessness on the Eastside. For current volunteer opportunities, please contact the organizations directly.

• Porchlight (formerly Congregations for the Homeless)
• The Sophia Way
• Friends of Youth
• New Bethlehem Program
• Lake Washington United Methodist Church Safe Parking Program

If you see a crime, public safety incident, medical emergency (physical or mental), or other signs of distress that need immediate first response attention, please call 911. For non-emergency situations, the best way to inform the Homeless Assistance and Resources Team of an unhoused resident who could use help is through the  Our Kirkland Portal or the non-emergency police line at 425-577-5656.

An important element of the City’s temporary shelter and housing response is the allowance of authorized homeless encampments at locations where they can be managed by a local religious organization or other community-based organization. This provision has been part of the Kirkland Zoning Code (KZC) since 2006. Homeless encampments are regulated in the Temporary Use chapter of the KZC (Chapter 127), which establishes a variety of standards that encampments must meet to be granted a temporary use permit. These standards are very specific and encompass things like maximum occupancy of the encampment, fencing, minimum parking, and a code of conduct, all of which are intended to minimize impacts on neighbors. Authorized encampments are allowed for a time period of 92 days per 365-day period and can be extended for an additional 92 days if certain conditions are met (e.g., there is a demonstrated need for the extension and the encampment is compliant with the various performance standards). Site hosting decisions are made by the private property owners who host them—such as churches—so long as they are permitted and operate within the parameters of city code. Chapter 127 details the public noticing that is required to operate authorized homeless encampments. For newly-located encampments, a public information meeting must be held at least 14 days prior to the start of the encampment. The purpose of this meeting is to provide more information about the proposed encampment, in particular – how it will be operated, and to answer questions. In addition, a notice of application must be published in the newspaper, and a summary of the notice distributed to residents and property owners within 500 feet of the proposed encampment. For authorized homeless encampments at repeat locations, public notice must be distributed to residents and property owners within 500 feet, and the City website must be updated with information about the encampment and how to get more information. Because these authorized encampments are temporary in nature, there is no formal comment period required by the KZC.  For more information on KZC chapter 127, visit: https://www.codepublishing.com/WA/Kirkland/?html/KirklandZNT.html.

Separately, temporary RV Parking hosted on private property is not considered an encampment and therefore is not subject to a temporary use permit, notice or other public outreach as described above. The ability of a church, for example, to host a few RVs temporarily is considered part of their religious mission, which is protected by the Washington Constitution. While the City does have the ability to establish reasonable regulations for this type of RV hosting, it has not to date because it is currently viewed as a temporary, emergency option.