Public Comment

The June 2008 Ballot has a dangerous measure known as Proposition 98 (California Property Owners and Farmland Protection Act, or CPOFPA). If passed by the voters, Prop. 98 would terminate rent control, tenant protections, and would place homeowners at risk by allowing unscrupulous property owners to challenge existing building codes and zoning laws that may prohibit the placing of a “pig sty” next to someone’s home, or a “porn shop” next to a church or school. 

There are only two state ballot measures coming up in June, one known as Prop. 98 and the other as Prop. 99. Both competing measures are meant to prevent government from taking private property for other private use, and are in response to a 2005 U.S. Supreme Court decision that allows the government to take private property and turn it over to another private interest for economic development. Activists across the state, say that Prop. 98 is bad, and Prop. 99 is good. 

Prop. 98 is also a stealth measure that guts protections for land, air, water, species and natural resources, according to a legal analysis by the environmental law firm of Shute, Mihaly and Weinberger. 

“That is a big resounding no on Prop. 98,” says low-income Oakland renter Rodney Younger. “I am an African-American parent with a son and a daughter to protect, and Prop. 98 takes away our rights to defend our housing if it passes.” 

On April 25, the Apartment Owner’s Association (AOA) of California held a seminar at Oakland’s Hilton Hotel, which included Eviction Workshops, to teach local landlords how to evict their tenants. 

Just Cause Oakland joined others to hold a morning protest in front of the Hilton Hotel, to greet the landlords who showed up for the Eviction Workshops being conducted by the AOA. 

According to Lauren Wheeler of Just Cause Oakland, “Close to 80 people showed up to protest against the AOA event, that teaches landlords how to evict tenants.” 

“We wanted to let them know that we will not let them end renter’s protections which would occur if Prop. 98 passes. We had to let the AOA members know that Prop. 98 would result in the eviction of thousands of Oakland renters, and that people should vote no on Prop. 98, and yes on Prop. 99 to save renters protections in California,” said Wheeler. 

Efforts by community groups and organizations attempting to defeat Prop. 98 have spread across the state of California, urging people to vote against Prop. 98. “To save rent control and tenant protections, everyone must vote against Prop. 98,” says Anne Omura of the Eviction Defense Center (EDC) in Oakland. “If Prop. 98 passes, it will be a disaster for tenants because they will lose all of their rights to defend themselves from unfair evictions and unreasonable rent increases that cause homelessness. I’m urging people to register to vote, so they can defeat Proposition 98 by voting no on this disastrous measure.” 

Unless defeated, Prop. 98 would eliminate rent control and other renter protections, such as laws against unfair evictions, the timely return of security deposits, laws that require landlords to give 60-day notices before forcing renters out of their housing, and it would terminate laws that prohibit renters from being evicted from home foreclosures. Prop. 98 would also outlaw local affordable housing and inclusionary zoning requirements, and would certainly jeopardize laws protecting the disabled and seniors from drastic rent increases or evictions. 

On Thursday evening April 10, there was an urgent meeting held downtown Oakland, including housing activists and attorneys’ involved in landlord/tenant disputes. Local attorney Jorge Aguilar spent three years and more with the Eviction Defense Center before moving on to a different law firm, and was at the meeting to present a legal analysis of what Prop. 98 may do if it is not defeated by the voters. There was a great sense of anxiety by some in the room who felt that many tenants and homeowners across the state may be tricked into voting against their best interests on June 3, by the proponents of Prop. 98. The meeting included Oakland’s newest Rent Adjustment Board Member Shenae Franklin, who was there as an individual, plus Adam Gold of Just Cause Oakland, Dean Preston of Tenant’s Together, Anne Omura, Brenda Adams, and Chris Beaty of the EDC, Marc Janowitz of the East Bay Community Law Center, Luz Buitrago of the Law Center for Families, including attorneys’ Leah Hess, Jeffrey Carter, Jesse Newmark, and Marta Jimenez of Sentinel Fair Housing. 

“Aside from eliminating rent control, renter protections and inclusionary zoning requirements (affordable housing), Prop. 98 is a huge attack on homeowners because existing well established zoning laws and building codes meant to protect cities and neighborhoods from unscrupulous property owners, may all be challenged if Prop. 98 passes,” says Jorge Aguilar. “If passed, Prop. 98 will allow challenges to all existing laws established to protect clean water and the environment. Prop. 98 aims to eliminate existing building codes that may be considered an “economic benefit” to renters and a “takings” from the landlord, because it costs the landlords money to properly maintain their buildings for the tenants, in an effort to stay in compliance with city, state and federal laws. Whats to keep someone from placing a “pig sty” next to someone’s home if Prop. 98 passes?” asks Aguilar. 

Indeed, thats the same type of question arising in the minds of city officials and city redevelopment agencies all across the great state of California. In an effort to defeat the disastrous effects that Prop. 98 may cause, the League of California Cities placed Proposition 99 or the “Homeowners and Private Property Protection Act (HPPPA),” on the June ballot. 

Prop. 99, is a counter proposal meant to protect homeowners from eminent domain (government seizure), but still leaves established rent control laws, tenant protections, inclusionary zoning laws (affordable housing requirements), environmental laws and health and safety laws all intact. 

Housing activists’ are urging everyone to vote no on Prop. 98, and to vote yes on Prop. 99. If Prop. 99 gets more affirmative votes than Prop. 98 does, Section 9 of Prop. 99 nullifies any proposals to eliminate rent control, tenant protections, and inclusionary housing laws as stated in Proposition 98. 

Waging war on renters 

In support of Prop. 98, in a written statement by the president and CEO of the Apartment Owners Association of California (AOA), Dan Faller claims that this is war. 

Multi-millionaire Dan Faller sums up Prop. 98 quite succinctly, in his 2 page written statement called, “How to end rent control now.” “Won’t you join AOA in this major battle, no I mean WAR, to win back our economic freedom?” says Faller. “You are either for us or against us in this war for your freedom. Please choose now and start taking action. The CPOFPA (Prop. 98) is our best chance to get rent control on the path to elimination. Please join AOA today in this major War for your economic freedom by contributing at least $50 per unit.” Faller calls upon all property owners to join him in the WAR he is promoting and says, “We must all be united to win this one.” 

Faller even declares that politicians are terrorists, and says, “We can wipe out these terrorists and not one drop of blood need be shed!” Faller states that the AOA has already spent $325,000 to finance the Prop. 98 campaign in an effort to end rent control and tenant protections. 

Lauren Wheeler of Just Cause Oakland says, “Prop. 98 is an attempt to end rent control, and it is real devious because it’s promoted as being about eminent domain. We need people to help with our phone-bank efforts, and our precinct walks during the months of April/May/June. We also need spanish bi-lingual speakers to volunteer. Please feel free to check out our website at www.JustCauseOakland.org, or call us at (510) 763-5877.” 

Lynda Carson is an East Bay journalist.