By Marty D. OmotoDirector/Organizer California Disability Community Action Network
A little known initiative on the June 3 California primary election ballot would prohibit new rent control measures and eventually abolish existing rent controls in the State that advocates say will have a major impact on accessible and affordable housing for tens of thousands of low income people with disabilities, seniors, low income workers who provide supports and services, including those in communities of color.
The ballot measure, Proposition 98 is titled "Eminent Domain: Limits on Government Authority" and would amend the State Constitution.No statewide polls have been conducted measuring the support of two propositions on the June ballot - but extremely low voter turn-out could favor passage of Proposition 98. If it passes, the measure would impact all areas in California currently under rent controls and prohibit any area from enacting any new rent controls, including rent controls in mobile home parks.
The issue would impact persons under the federal housing programs, such as "Section 8" because in those areas where rent controls are in place, rents could increase and the control on that unit would end when tenants change, if Proposition 98 passes. The independent and non-partisan Legislative Analyst says that about 1 million California households - which includes low income seniors, people with disabilities, low income workers who provide supports and services and others - live in housing or mobile home parks under some form of rent control, which Proposition 98 would abolish.
Some Opponents of Proposition 98 Backing Proposition 99
Some of the groups opposing Proposition 98 on the June 3rd ballot, have sponsored and support passage of Proposition 99 instead, which deals with the issue of local government taking owner occupied homes and transferring it to a private party or business. It makes no mention of rent control. If both ballot initiatives passed, a provision in Proposition 99 would prohibit Proposition 98 from taking effect if Proposition 99 received more votes.
Accessible and Affordable Housing Seen As Critical To Disability and Senior Rights
Accessible and affordable housing is considered by many advocates and policymakers as a major foundation of the rights of people with disabilities, mental health needs, seniors and others under the federal Americans with Disabilities Act (ADA) and the subsequent landmark 1999 US Supreme Court Olmstead Decision. That decision requires the states to take steps to avoid the unjustified or unnecessary institutionalization of people with disabilities, mental health needs and seniors. Accessible and affordable housing costs have been one of the barriers identified by advocates and some policymakers in keeping people with disabilities and seniors in community-based settings or moving people out of institutional facilities.
The Schwarzenegger Administration has identified housing as a critical need for persons with disabilities, with the Department of Developmental Services, which oversees the operations of 21 non-profit regional centers that coordinate community-based services and funding for over 230,000 children and adults with developmental disabilities, identifying housing as a key priority - especially in addressing the crisis of persons with autism spectrum disorders. In the Legislature, two bills related specifically to people with disabilities and affordable and accessible housing are pending, including SB 1175 by Sen. Darrell Steinberg (Democrat - Sacramento, 6th District) dealing with regional centers and creation of non-profit housing foundations. Other affordable housing bills are also pending.
Opponents Say Proposition 98 Will End Rent Control and Laws Protecting Renters
Opponents say Proposition 98 on the June 3rd ballot is a "bait and switch" that talks first about private property rights, but is meant to eliminate rent control saying that "landlords could raise rents as high as they want" and would wipe "out basic protections for all renters" including they say, laws requiring fair return of rental deposits and laws protecting renters from unfair evictions.
The measure is opposed by many advocacy groups including AARP, League of Women Voters of California, League of California Homeowners, California Disability Community Action Network, California Police Chiefs Association and others.
SUMMARY OF JUNE 3rd PROPOSITION 98
The constitutional amendment would do several things related to limiting state and local government from transferring or taking private property for public use, Proposition 98 on the ballot for June 3 would:
RENT CONTROL
• * Would impact and eventually abolish all existing rent control measures now in place and prevent new controls from being enacted. Over a dozen cities in California have some form of rent control laws including cities of Berkeley, Los Angeles, Oakland, San Francisco, San Jose, and Santa Monica. Over 100 cities and counties have laws limiting or controlling the rents that mobilehome park owners can charge people who lease space.
• Local governments would be prohibited from enacting any new rent control measures
• Any rent control measure that was enacted AFTER January 1, 2007 would end (upon passage of this ballot initiative)
• Other rent control measures enacted BEFORE January 1, 2007 would be phased out on a unit by unit basis after an apartment unit or mobile home park space is vacated. Once a tenant vacates an apartment or mobile home space, property owners can charge higher rents (market rate rents) for the next person - and that housing would not be subject to rent control again.
OTHER HOUSING MEASURES
Legislative Analyst Office believes, while wording in the proposed constitutional amendment is not clear, it appears that other affordable housing laws could be prohibited, such as local mandatory "inclusionary" housing laws (ordinances) that require developers to construct affordable housing on part of their land or contribute funds for such housing.
TRANSFERRING PRIVATE PROPERTY FOR AFFORDABLE HOUSING
• Proposition 98 on the ballot June 3rd, would prohibit local government from taking ownership of private property and transfer it to a private party (such as a non-profit organization, business or person. This includes when local government seeks to reduce high crime or urban decay in a certain area by transferring substandard apartments to a non-profit organization to renovate and manage for affordable housing for low income people and families (that include people with disabilities and seniors).
• Would prohibit local government from taking a private property and transferring it for use that was "substantially similar" to how the original private owner used it.
• None of these restrictions apply if local government was addressing a public nuisance or criminal activity or as part of a "state of emergency" declared by the Governor.Proposition 99 Similar To 98 But Does Not End Rent Controls
• One other proposition, Proposition 99, is also on the June 3rd primary ballot and is similar to Proposition 98, but does not contain any provisions dealing with rent controls. It was placed on the ballot by some of the groups in strong opposition to Proposition 98.
• Proposition 99 has a clause that if both Proposition 98 and 99 were approved by voters, and if Proposition 99 received more votes than 98, then the provisions of Proposition would not take effect.
• Proposition 99, like Proposition 98, is a constitutional amendment would prohibit state and local government from using their power (called "eminent domain") to acquire an owner-occupied home and transfer it to another private person or business entity. It creates an exception for public works or improvements, public health and safety protection and crime prevention.
• It is similar to Proposition 98 in that it would prevent local government from transferring a substandard apartment building, for instance, to a non-profit organization to renovate and manage affordable housing. Proposition 99 is supported by the California Alliance for Retired Americans, the League of Women Voters of California, the League of California Homeowners and the California Police Chiefs Association among other groups who say that Proposition 99 "is real eminent domain reform" with "no hidden agenda" of eliminating rent controls. Many voters may be confused about the upcoming primary electionEarlier on February 5th, California held its presidential primary election which did not include any state races, except one special Assembly election to fill a vacancy.
The June 3rd primary election is for all 80 Assembly seats and 20 (seats from odd numbered districts) of the 40 State Senate seats. In addition all 53 California congressional seats are up for election.
In the Assembly, 24 members are termed out. In the State Senate, 10 members of the 20 seats up for election.
Proposition 98 on the ballot for June 3, is also the same number of a more famous 1988 state constitutional amendment with the same number that imposed a public school funding guarantee. Deadline to Register for June 3rd Primary Coming Up
Voter registration must be postmarked no later than May 19, 2008
FOR MORE INFORMATION
For additional assistance with voter registration, please contact your county registrar of voters or the California Secretary of State's office at the following toll-free numbers:
English: 1-800-345-VOTE
Chinese: 1-800-339-2857
Japanese: 1-800-339-2865
Korean: 1-866-575-1558
Spanish: 1-800-232-VOTA
Tagalog: 1-800-339-2957
Vietnamese: 1-800-339-8163
The California Disability Community Action Network, is a non-partisan link to thousands of Californians with developmental and other disabilities, people with traumatic brain injuries, the Blind, the Deaf, their families, community organizations and providers, direct care, homecare and other workers, and other advocates to provide information on state (and eventually federal), local public policy issues.
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