Have homeless shelters showers

VG Oldenburg to equip emergency accommodation: The homeless person is not entitled to a barrier-free shower

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The VG Oldenburg rejected an application for a temporary injunction against an 85-year-old homeless person with a resolution last Tuesday. The man wanted to ensure that a barrier-free usability of the shower facility is made in an urban emergency shelter.

According to the Administrative Court (VG), the nature of the emergency accommodation in the homeless law only requires a level of equipment that meets the basic requirement of human dignity in the sense of the Basic Law. In particular, the life and health of the residents, who are usually only housed for a limited time, would have to be guaranteed, but no further special characteristics would have to be met. That is why even a shower is not a necessary part of a homeless shelter. A washing facility is sufficient. The regulatory authority did not have to provide full and permanent supply for the apartment, but only for shelter-like accommodation (decision of 05.06.2012, Az. 7 B 3428/12).

The applicant has been living in a homeless shelter in a town in the Friesland district for around 18 years. In the opinion of the VG, the medical and other impairments alleged by it are not suitable to justify a right to a barrier-free shower facility. Even in the event that the man is dependent on such a shower for medical reasons, he cannot demand that the city provide him with one free of charge as part of the homeless shelter. The claim is not a matter of homelessness law, but, if necessary, of other social service providers.

tko / LTO editorial team