Oppose ACA 10 - Housing is a Need - not a right
Date postedJune 22, 2023
AAOC is launching a Call For Action effort to oppose ACA 10. We need YOU to reach out to our state legislators to let them know this is a problem for the Multifamily Housing Industry.
To connect with our CFA Email campaign CLICK HERE
Below is the language we have sent as a floor alert to all of the legislators in Orange County about this initiative -
- The proposed constitutional amendment tricks voters into believing shelter is a fundamental right, not the adequacy of housing.
- This Amendment does not guarantee the right to shelter, which means it does not offer to provide free housing for California residents. The Amendment proposes a right to an adequate standard of living, which California law already provides.
- The proposed constitutional amendment is arcane because California housing laws are some of the strictest in the world.
- The Amendment is based on international law dating back to 1948 and defines the aspect of the right to housing to include pertaining to adequacy as: availability of services, infrastructure, material and facilities; legal security of tenure; habitability; accessibility; affordability; location; and cultural adequacy.
- The proposed constitutional amendment gives the government carte blanche to take real property from private property owners without just compensation.
- The amendment language is so vague and ambiguous that it permits the government to create law that could be analogous to the Emergency COVID-19 Eviction Moratorium; forcing property owners to, again, provide housing without compensation.
- The state of California would require billions of dollars annually in ongoing funding to achieve the goals of the proposed constitutional amendment.
- The state understands the cost involved in providing shelter for individuals, so the Amendment provides clear language stating the Amendment is not blanket housing provided by the government; yet it leaves the costs associated with housing for the private property owners to handle.
- The proposed constitutional amendment could force property owners to reduce rent without justification.
- Terms used in ACA 10, such as: “progressively”, “by all appropriate means”, and “to the maximum of available resources” permits the government to create laws that will force private property owners to provide housing at a reduced rate to: (1) applicants who are unable to pay a lawful advertised rental rate; or (2) existing renters who are unable to pay the contracted rental rate at some point during tenancy pursuant to the signed lease agreement.