May 28, 2008

Proposition 98 an attack on tenants

Guest Opinion

By Dean Preston

Not satisfied with record profits in recent years, California's biggest landlords are scheming to deny basic protections for renters, seniors and working families. Landlords are backing one of the most deceptive and mean-spirited ballot measures to come along in years - Proposition 98 on the June 3 ballot. Proposition 98 would prohibit rent control in California.

Proposition 98 is the worst kind of ballot measure - it says it's about one thing when it's really about another. Proponents claim the measure is about eminent domain reform, but hidden provisions of the measure would abolish rent control and jeopardize many other tenant protections, including laws against unfair evictions.

A grass-roots effort is under way to educate voters about this dangerous measure. Groups like the East Palo Alto Council of Tenants (EPACT), Youth United for Community Action (YUCA), Association of Community Organizations for Reform Now (ACORN) are getting the word out to make sure voters know that Proposition 98 would prohibit rent control.

At first glance, Proposition 98 looks like an eminent domain reform measure, prohibiting the government from "taking" property for "private use." But the devil is in the details. Proposition 98 defines "taking" in an unprecedented way. Under Proposition 98, any limit on the price at which property can be rented or sold is defined as a prohibited "taking." Proposition 98 therefore prohibits rent control and other affordable housing laws. "Private use" has an even broader definition under Proposition 98, prohibiting regulations that "transfer economic benefit to one or more private persons at the expense of the property owner." Most tenant protection laws (such as the 60-day notice for no-fault eviction and fair return of security deposits) transfer economic benefit and would likely be struck down if Proposition 98 were to pass.

Proposition 98 does not stop at eliminating renter protections. The measure would jeopardize a broad range of environmental and land use regulations that protect communities across California. Every major environmental organization in California opposes Proposition 98.

Proposition 98 would also stand in the way of the construction of water infrastructure projects, prompting the Association of California Water Agencies, the Western Growers Association and the Metropolitan Water District of Southern California to oppose the measure.

Proposition 98 is a special interest ballot initiative funded by landlords. Over 80 percent of the funds supporting this bogus "eminent domain" measure come from landlord interests.

One such group is the Apartment Owners Association of California. The landlord zealots at AOA have contributed hundreds of thousands of dollars to pass this measure. Their rhetoric is particularly offensive.

The AOA calls people who believe in protecting renters from exorbitant rent hikes and evictions "terrorists." According to the AOA's Web site, these "suicide bombers" are terrorizing landlords all over the state by throwing "bombs and explosives" such as rent control, building codes, 60-day notice requirements and eviction laws. AOA warns "we are at WAR and there is only one way to stop these terrorists. Hit them with the big 'bomb' - pass this California state constitutional amendment that will prohibit them from having their 'explosives' that they use to destroy housing and housing providers." If nothing else, these statements reveal that Proposition 98 is backed by the lunatic fringe.

Fortunately, the more that people learn about Proposition 98, the less they like it. But the landlords put this measure on the June ballot because they know voter turnout will be low. Proposition 98 could pass, unless people get out and vote on June 3 to defeat it.

Voters who want real eminent domain reform should vote for Proposition 99, another measure on the June ballot. Proposition 99 offers eminent domain reform without the hidden provisions of Proposition 98. Proposition 99 simply prohibits the government from taking owner-occupied homes for private development. Proposition 99 is a straightforward measure that protects homeowners without attacking renters and the environment.

Vote "no" on the landlords' hidden agenda (Proposition 98) and "yes" on real eminent domain reform (Proposition 99).



Dean Preston is the director of Tenants Together, California's only statewide organization for renters' rights. For more information, visit www.tenantstogether.org