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The California Homeowners Protection Act: Real California Eminent Domain Reform Without Hidden Agendas
A Million Signatures to be Turned in Next Week
By Nan Brasmer
President
California Alliance for Retired Americans
Rent control provides stability and peace of mind that retired seniors and individuals on fixed incomes will not be forced out of their home due to skyrocketing rents. That’s why CARA is outraged that recently a landlord-backed coalition announced they have submitted more than 1 million signatures to county elections offices to qualify their deceptive anti-senior measure for the June 2008 ballot. The landlords want voters to believe their measure is about eminent domain, but their true goal is to roll back rent control and other important renter protection laws that protect seniors.
These landlords are trying to pull the wool over the eyes of the voters and have already spent close to $2 million to qualify this classic bait and switch measure. But they won’t be successful. The California Alliance for Retired Americans will be one of many senior and tenants groups who will wage an aggressive campaign to tell voters what this measure really is: a greedy scheme by landlords to eliminate rent control so they can make millions of dollars off the backs of seniors, veterans, working moms and other Californians.
While our organizations will be beating the drum of rent control, there is more to hate about this scheme. Environmentalists are concerned the scheme could erode environmental protections. Business and Ag groups are concerned that it will prevent needed water supply projects. Public safety groups are concerned that it will prevent important community protections.
CARA is a member of Eminent Domain Reform Now, a coalition of seniors, tenants’ rights advocates, renters, environmental groups, business groups and others who support real eminent domain reform without a hidden agenda. Next week, our coalition will submit more than a million signatures to qualify the Homeowners Protection Act for the June ballot. The Homeowners Protection Act will prohibit government agencies from taking homes through eminent domain to transfer to a private party. It is a straightforward response to the U.S. Supreme Court decision in Kelo v. New London and does not attempt to surreptitiously loop in unrelated provisions or issues.
Real eminent domain reform. No Hidden Agendas, no adverse consequences.
We know that voters support real reform and dislike hidden agendas. And they particularly dislike the notion of abolishing rent control. A measure during the 90’s which would have abolished rent control went down in flames. And private polling shows that voters remain opposed to eliminating rent control. When given the choice, we are confident that voters will support straightforward protections for homeowners without all the adverse consequences of the Hidden Agendas’ Scheme.
CARA wants to keep California livable for our seniors, and working families. We at CARA, in conjunction with the Eminent Domain Reform Now coalition, will be working overtime until election day to alert the voters of the dangerous consequences of passing the landlords’ Hidden Agendas Scheme.
For more info visit www.EminentDomainReform.com and www.NoLandlordScheme.com.
Comments
Rent controls don't help anyone. In places with rent controls (i.e. San Francisco and Manhattan), rents are higher than in places without. The reason they result in "stability" is because if the tenant were to vacate for one reason or another, they'll have nowhere to go because they'll see a huge jump in their rent elsewhere! In other words, the landlords have a captive audience, and can throw ultimatums on the tenants. They have no reason to pay for maintenance or do anything to accommodate the tenant
I get so sick of this notion that government gives people rights, and therefore can take them away if they see fit, and can add in other rights they see fit. I don't know if it's a side effect of the separation of church and state view (which I wholeheartedly agree with), or what it is. Our rights don't come from government. They don't come from the constitution. They exist regardless of those two things.
With that in mind, our inalienable rights are not supposed to come at the expense of others. I have a right to life, liberty, property, pursuit of happiness, privacy, etc... to the extent that NO ONE, not even government, can take them from me. Health care is not an inalienable right. If it is, then I guess doctors are prohibited from quitting. Housing is not an inalienable right, especially living in someone else's house at their expense. If it was, then it would be illegal for landlords to take their rental units off the market. It's only a right if it doesn't take from others
Are any of the people in favor of rent controls landlords? Have they gone, taken a risk, and invested their capital, time, money, and energy into being able to rent out property? Have they then rent controlled their own property? If they want to do that, I will fully support them in that. But otherwise, they have no credibility in arguing that demand should be forced on others
Also, the arguments in this article for rent control apply more to food. Food is a greater need than housing, but no one thinks about limiting the price of food. The Soviets did, result: millions starved. Instead, we have food stamps, and that works out nicer. Let's have something similar for housing if we don't already, but don't ask one group of people (landlords) to fix a societal problem that they didn't create!
That aside, all current rent controls for current tenants are allowed to remain under CPOFPA.
CPOFPA doesn't gut environmental laws. The only regulations it prohibits are those enacted IN ORDER TO transfer an ECONOMIC benefit to one or more private persons. Environmental regulations are done for the PUBLIC benefit, and even if they do end up transferring economic benefits to other private persons, they are not enacted for the express purpose of that. Nor does it prohibit water projects. It prohibits the consumption of natural resources appurtenant to that property.
CHPA is phony reform and worse than current law. It says owner-occupied residences can't be transferred to one or more private persons. The explicit mention of one thing excludes all others, meaning others can. The current statutes only allow private takings if blight is present, this would wipe it out because the constitution takes priority over statute. The problem is blight is too vaguely defined, and this doesn't change that. Small businesses, churches, and farms have a fighting chance under current law. Under this, they won't even have that
The Kelo decision affects ALL property, not just residential. CHPA is not straight Kelo by any means
Posted by: Ben at November 23, 2007 10:40 PM
Rent Control is when the government forces private citizens to give money to other private citizens. If rent control was means tested and subsidized by the government I could support it but when you have Millionaires living in Beverly Hills and Pacific Heights at below market rents you lose me.
Posted by: Joe Tobin at November 24, 2007 07:49 PM
The law is not protecting renters now and this new rent control sham will make it worse. Every year rent goes up $50. to $100. dollars even with a lease, and there is a no promise of rent not increase when renting a new dwelling there is no sealing on how high these rents can go. There are three bedrooms going for $2150. to move in with a 6 month 12 month lease. 2 bedrooms $1695. 1 year lease. Where will it all end.
Posted by: roslyn at April 18, 2008 06:43 PM
The law is not protecting renters now and this new rent control sham will make it worse. Every year rent goes up $50. to $100. dollars even with a lease, and there is a no promise of rent not increasing when renting a new dwelling there is no sealing on how high these rents can go. There are three bedrooms going for $2150. to move in with a 6 month 12 month lease. 2 bedrooms $1695. 1 year lease. Where will it all end.
Posted by: Mrs.Roslyn at April 18, 2008 06:46 PM
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