Richmond, California, Rent Control, Measure L (November 2016)
| Measure L: Richmond Rent Control |
|---|
|
| The basics |
| Election date: |
| November 8, 2016 |
| Status: |
| Topic: |
| Local rent control |
| Related articles |
| Local rent control on the ballot November 8, 2016 ballot measures in California Contra Costa County, California ballot measures Local housing on the ballot |
| See also |
| Richmond, California |
A rent control measure was on the ballot for Richmond voters in Contra Costa County, California, on November 8, 2016. It was approved.
| A yes vote was a vote in favor of establishing a rent board and setting a maximum allowable rent for rent controlled residential units, setting a maximum allowable annual rent increase for most residential units, and prohibiting landlords from evicting tenants without cause. |
| A no vote was a vote against this proposal establishing a rent board and setting a maximum allowable rent for rent controlled residential units, setting a maximum allowable annual rent increase for most residential units, and prohibiting landlords from evicting tenants without cause. |
Aftermath
| Lawsuit overview | |
| Issue: Constitutionality of the measure; violates due process clauses of the U.S. Constitution | |
| Court: Superior Court of Contra Costa County | |
| Ruling: Lawsuit suspended by plaintiff | |
| Plaintiff(s): California Apartment Association | Defendant(s): City of Richmond |
| Plaintiff argument: Measure L violates due process clauses of the U.S. Constitution and runs counter to California's Fair Employment and Housing Act. | Defendant argument: The measure does not violate any laws. |
Source: California Apartment Association
The California Apartment Association (CAA) filed a lawsuit against Measure L in January 2017 and requested a temporary restraining order to stop enforcement of the measure. The restraining order was denied by Contra Costa County Superior Court judge Judith S. Craddick. The lawsuit was eventually suspended by the CAA in May 2017.[1][2]
Election results
| Measure L | ||||
|---|---|---|---|---|
| Result | Votes | Percentage | ||
| 21,380 | 65.27% | |||
| No | 11,378 | 34.73% | ||
- Election results from Contra Costa County Elections Division
Text of measure
Ballot question
The following question appeared on the ballot:[3]
| “ |
Shall the Ordinance to establish rent control, a rent board, and just cause for eviction requirements in the City of Richmond be adopted? [4] |
” |
Impartial analysis
The following impartial analysis of the measure was prepared by the office of the Richmond City Attorney:
| “ |
California Election Code Section 9280 requires the City Attorney to prepare an analysis of any proposed City ballot measure, showing the effect of the measure on existing law and describing the operation of the measure. Existing Law Currently, the City of Richmond (“City”) Municipal Code does not set maximum allowable rents nor establish limitations on the termination of tenancies (except for certain limitations on evictions for properties in foreclosure). Existing state law provides specific notice requirements and procedures for termination of a tenancy. Proposed Measure Measure L proposes an ordinance that would establish a rent board and set a maximum allowable rent for rent controlled residential units in the City. Landlords would be prohibited from charging above the maximum allowable rent. Measure L would also prohibit landlords from terminating tenancies, unless done for reasons that are specifically listed in the ordinance. Certain types of rentals, such as certain small second units, would be exempt from the ordinance requirements. Measure L would set maximum allowable annual rent increases for all residential units in the City, except for certain exempt units. The maximum allowable annual rent would be based on the rent in effect on July 21, 2015, subject to certain annual increases based on the percentage increase in the Consumer Price Index. The maximum allowable annual rent would be subject to a petition and hearing procedure for upward and downward adjustments. Measure L would prohibit a landlord from terminating a tenancy for reasons not specified in the ordinance; and would require landlords to make relocation payments to tenants under certain circumstances. Measure L provides that a landlord violating the ordinance shall be guilty of a misdemeanor, and also provides for liability in a civil action, which could potentially include money damages, reasonable attorneys’ fees and costs, and a civil penalty. Administration Measure L would establish a Rent Board composed of five members appointed by the City Council. The Rent Board would finance its expenses by charging landlords annual registration fees. Effect of Measure Measure L was placed on the ballot by initiative petition that was signed by a legally sufficient number of registered voters of the City. To be adopted, Measure L must be approved by a simple majority of the ballots cast in this election. Measure L would add an ordinance to the City Municipal Code to impose rent control, establish a rent board, and to establish limits on evictions. A “Yes” vote is a vote to approve rent control, to approve a rent board, and to impose limits on evictions. A “No” vote is a vote against rent control, against a rent board, and against limits on evictions. |
” |
| —Richmond City Attorney[3] | ||
Full text
The full text of the measure is available here.
Support
Supporters
The following individuals signed the official argument in favor of the measure:[3]
- Gayle McLaughlin, Richmond City Councilmember
- Chris Finn, Richmond Landlord
- Rev. T. Marc Gandy, Pastor Miracle Temple APC
- Wendy Gonzales, Educator
- Margaret Hanlon-Gradie, Contra Costa Labor Council
Arguments in favor
Official argument
The following official argument was submitted in favor of the measure:[3]
| “ |
Vote Yes on Measure L for a Fair and Affordable Richmond. For a thriving future, Richmond needs housing that working people and seniors can afford. Measure L will help keep thousands of renters in their homes while we continue to build more affordable housing. Measure L keeps neighbors in their homes and that makes our communities safer and our schools better. It is based on similar laws in other cities Measure L will:
Renters who abide by their leases and follow the law should not have to live in fear of eviction notices or outlandish rent increases. Measure L protects renters and is fair to homeowners by guaranteeing their rights to rent all or part of their home or an in-law unit on their property without getting stuck living with a problem tenant. It also allows homeowners to end a tenancy when personal or family circumstances change—like needing to move in an aging parent or adding a new baby to the family. This balanced approach is good for the economy and good for families in our community. Measure L will protect tenants while also allowing landlords to evict genuinely bad tenants and to make a fair profit on their rental properties. Please join us, The Fair and Affordable Richmond Coalition |
” |
Opposition
Opponents
The following individuals signed the official argument against the measure:[3]
- Jack Weir, President, Contra Costa Taxpayers Association
Arguments against
Official argument
The following official argument was submitted in opposition to the measure:[3]
| “ |
The Contra Costa Taxpayers Association strongly opposes this measure, which will not provide the benefits proponents promise. Proponents of this measure argue that rental prices are driven upward by the greed of large-scale property owners, but the truth is that most rental properties are owned by small-scale investors, often as part of their post-retirement plans. Owners of these properties face rising costs, including taxes on their income, rising maintenance and repair costs, and ballooning property assessments and resultant taxes. Those seeking to develop new rental properties also face enormous developer fees and permitting costs, which are passed on to consumers. At some point, if they cannot at least break even, small-scale investors are driven out of the market. This tends to concentrate rental housing stock ownership into corporate real estate firms, which is not beneficial to the community. The major factor in the rental market is competition. Most rental owners price their properties in order to keep them occupied. Rent control measures invariably lead to cut-backs in maintenance and repairs, and deterioration of housing stocks and neighborhood quality of life. Richmond has not shown the ability to manage housing very well, as witnessed by the scandals in the city’s Housing Authority. Prevent them from further complicating the rental housing market. |
” |
Path to the ballot
This measure was put on the ballot through a successful initiative petition campaign.
Recent news
The link below is to the most recent stories in a Google news search for the terms Richmond Local rent control. These results are automatically generated from Google. Ballotpedia does not curate or endorse these articles.
See also
External links
Footnotes
- ↑ San Francisco Chronicle, "Lawsuits’ end could spur other cities to try rent control," May 8, 2017
- ↑ California Apartment Association, "CAA challenges Richmond rent control in court," January 6, 2017
- ↑ 3.0 3.1 3.2 3.3 3.4 3.5 Contra Costa County Clerk, "November 8, 2016, Measure L," accessed October 21, 2016
- ↑ 4.0 4.1 4.2 4.3 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
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