Homelessness in San Diego

People living in vehicles gather in Mission Bay to learn about settlement affecting their rights

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People living in their cars and RVs in San Diego have long looked over their shoulder to avoid being caught breaking local ordinances.

Now, though, a settlement is being finalized that would permit some people to legally live in their vehicles. Two dozen people gathered Wednesday in Mission Bay to learn more about what's on the table.

โ€œWe have reached a settlement that we are very happy with,โ€ attorney Ann Menasche told NBC 7 on Wednesday. "We think itโ€™s a win-win for us, for the city and for the class members, where no one can be punished simply for living in their vehicle. It would not be a crime unless there were suspicions of other crimes. Just by living in the vehicle, you wonโ€™t have to worry. You could not be ticketed or punished if there is nowhere for you to park at night."

The settlement would direct people to the Safe Parking lots the city has created, including one near Snapdragon Stadium in Mission Valley. The mayor's office recently proposed another for H Barracks in Point Loma.

Menasche said it was a long journey to get to the current agreement.

โ€œWe challenged the vehicle habitation ordinance, and we challenged the oversize vehicle ordinance," Menasche said. "The vehicle habitation ordinance was a criminal ordinance that could result in arrest, and the oversize vehicle ordinance results in huge parking fines for people in RVs."

People who were ticketed in the past could be eligible for forgiveness if they apply for it, Menasche said.

โ€œIt is a huge impact," the attorney told NBC 7. "People have been terrified of tickets, unable to pay them, giving up food and medicine to pay them, having their vehicles taken and impounded because they had unpaid tickets and not being able to register their vehicles. Theyโ€™ve been afraid of criminal prosecution under the vehicle habitation ordinance where they could be put in jail just for living in their vehicles."

Along with restrictions on the enforcement of the two ordinances, there will be an expansion of the cityโ€™s designated Safe Parking program, according to Menasche.

The hearing on a motion for final approval of the settlement is scheduled for Oct. 10, according to Menasche.

If you spot someone sleeping on your street in a car or RV, police may not be able to do anything about it. A class-action settlement has established new rules governing when people are allowed to live in their vehicles. NBC 7's Omari Fleming shows us why some believe changing the law is concerning.

Daniel Benham is among the people who are worried a problem that's been cleaned up could resurface.

"People set up their vehicles and live out of them for an extended amount of time. What do you do? Not much we can do," Benham said. "The immediate change may be an increase in the number in this area. When they move, they don't disappear. They just go somewhere else."

The settlement is good news for Hans, who attended the informational meeting on Wednesday. Hans says health issues brought him to San Diego to be part of a heart trial. Since then, he says he's gone from making six figures to sleeping in an RV and that the new rules for him are desperately needed.

"I need to survive, so I need to do things in a legal format, and this gives me the opportunity to learn how to do things and how to do things right," Hans said.

Though you can still find people living in their vehicles in the Midway District, Doug Lester says it's not as bad as it once was. With the law expected to change, he's worried about what it will mean for keeping the city clean.

"There's been trash, mostly trash. Some are respectful. I'm with that if they take their stuff," Lester said. "I feel sad for the homeless and businesses because we don't need sewage in the street and trash everywhere."

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