Homelessness and Animal Welfare Legislation: What’s Happening in Tennessee and Across the U.S.
Legislation plays a powerful role in shaping how communities respond to homelessness and how society treats animals. In Tennessee and across the United States, recent laws and court decisions reflect sharply different philosophies - some grounded in care and prevention, others emphasizing punishment, restriction, or deregulation. This post provides a candid overview of key legislation, what it actually does, and the real‑world implications - both positive and negative.
Before we begin: We’re not lawyers. This post reflects our best understanding of current laws and policy impacts, but it isn’t legal advice. Legislation, court decisions, and enforcement practices change, and we know this landscape is complex. If you have additional insight or updated information, please reach out - we’re always open to learning more.
Homelessness Legislation
Federal Landscape (United States)
HUD and Federal Housing Programs
Federal homelessness policy is shaped not only by legislation and appropriations, but also by recent lawsuits and congressional actions that directly affect HUD programs and fair‑housing enforcement.
What’s good:
Housing First and permanent supportive housing have strong evidence of effectiveness, especially for chronic homelessness
HUD funding remains essential for local governments and nonprofits responding to homelessness.
What’s not working:
Funding levels have not kept pace with rising housing costs or the scale of need
Many communities lack sufficient shelter and housing inventory, as well as staffing constraints
Source: HUD Home | HUD.gov / U.S. Department of Housing and Urban Development (HUD)
Supreme Court Decision: City of Grants Pass v. Johnson (2024)
In June 2024, the U.S. Supreme Court ruled that local governments may enforce public‑camping bans even when adequate shelter is not available, overturning lower‑court interpretations that had limited such enforcement.
Impacts:
Expands local authority to criminalize homelessness. This criminalizes an individual’s status.
Increases risk of displacement, fines, and incarceration
Does not address underlying causes such as housing shortages or unmet behavioral health needs
This decision represents a major shift in federal constitutional interpretation related to homelessness and public space.
Source: City of Grants Pass v. Johnson - Harvard Law Review
Tennessee: Homelessness Policy
Statewide Public Camping Ban (T.C.A. § 39‑14‑414)
Tennessee law makes camping on most public property a Class E felony, one of the strictest statewide anti‑camping statutes in the country.
Impacts:
Potential felony convictions for people experiencing homelessness
Long‑term barriers to employment, housing, and benefits
Displacement without a statutory requirement for shelter alternatives
Advocates, legal experts, and service providers have consistently warned that the law criminalizes poverty without reducing homelessness.
Local Government Restrictions and State Preemption
Tennessee law significantly limits the ability of local governments to adopt tenant‑friendly or homelessness‑responsive housing policies, even when local conditions warrant them.
Key state‑level restrictions include:
Prohibition on Rent Control: Tennessee law explicitly bans local governments from enacting rent control or rent stabilization ordinances.
Ban on Mandatory Inclusionary Zoning: Cities and counties may not require developers to include affordable housing units in new residential developments.
Broader State Preemption Authority: The state has repeatedly asserted control over housing and land‑use policy, limiting local experimentation with affordability and anti‑displacement strategies.
Impacts:
Prevents cities from responding to rising rents with proven affordability tools
Limits locally tailored solutions to homelessness and housing instability
Forces reliance on state or federal action that may not reflect local needs
Sources:
Rent control & inclusionary zoning ban (T.C.A. § 66‑35‑102): Tennessee Code § 66-35-102 (2023) - Rent control by local governments prohibited - Zoning provisions - Affordable housing :: 2023 Tennessee Code :: U.S. Codes and Statutes :: U.S. Law :: Justia
National League of Cities, State Preemption of Housing Policy: The Relationship Between State Preemption of Inclusionary Zoning and Health - National League of Cities
Tennessee Advisory Commission on Intergovernmental Relations (TACIR), Housing Policy Overview: TGFOA--Housing Affordability.pdf
Animal Welfare Legislation
Federal Landscape (United States)
FDA Modernization Acts (2022–2024)
Congress amended the Federal Food, Drug, and Cosmetic Act to remove language requiring animal testing as the default for new drug approvals, allowing the FDA to accept scientifically valid non‑animal alternatives.
What’s good:
Creates a legal pathway to reduce animal testing
Encourages development of modern, human‑relevant research methods
Limitations:
Animal testing remains common
The law does not mandate replacement and relies on FDA guidance and industry uptake
Sources:
FDA Modernization Act of 2022: S.5002 - 117th Congress (2021-2022): FDA Modernization Act 2.0 | Congress.gov | Library of Congress
FDA guidance overview: How the FDA Modernization Act 3.0 Changes Drug Testing - LegalClarity
Tennessee: Animal Welfare Policy (Current Developments)
Animal welfare in Tennessee is shaped less by sweeping new reforms and more by recent court decisions, enforcement challenges, shelter crises, and legislative inaction. The past few years have made clear where protections exist - and where gaps are growing.
Enforcement Gaps and Uneven Application of Cruelty Laws
Tennessee’s aggravated animal cruelty statute remains unchanged, but recent cases and reporting show persistent enforcement problems, particularly in rural counties.
Current realities:
Felony cruelty charges are still relatively rare compared to the scale of abuse reported
Many cases are pled down to misdemeanors or dismissed
Counties without dedicated animal control officers struggle to investigate cruelty complaints
While the law provides tools for accountability, outcomes depend heavily on local resources and prosecutorial priorities.
Source:
T.C.A. § 39-14-212: Tennessee Code § 39-14-212 (2023) - Aggravated cruelty to animals - Definitions - Construction - Penalty :: 2023 Tennessee Code :: U.S. Codes and Statutes :: U.S. Law :: Justia
Bill would increase animal cruelty penalties for adults, juveniles in TN
Shelter Overcrowding and Capacity Crisis
Tennessee communities are facing a sustained shelter overcrowding crisis, driven by high intake, limited spay/neuter access, and rising costs.
Recent trends:
Municipal shelters report operating above capacity for extended periods
Increased reliance on rescues and volunteer foster networks
Elevated euthanasia rates in some jurisdictions due to space and staffing shortages
The state does not provide consistent funding or statewide standards for animal shelters, leaving local governments and nonprofits to absorb growing demand.
Sources:
Tennessee Department of Health, Animal Control & Shelter Guidance: Animal Health Resources
Humane Society of the United States, Shelter Capacity Reports: https://www.humanesociety.org/resources
Tennessee Animal Shelter Statistics Dashboard | Best Friends Animal Society
Companion Animals and Domestic Violence: Implementation Gaps
Tennessee law allows pets to be included in orders of protection for survivors of domestic violence, but implementation remains uneven.
What’s happening now:
Survivors still face limited access to pet‑friendly shelters or foster programs
Protections depend on judicial discretion and awareness
Nonprofits increasingly fill gaps through emergency pet housing programs, but ability to provide this and access to this service is very limited based on resources.
Source: