Bill Assembly Constitutional Amendment ACA 10 has been proposed to state that housing is a human right in California. Below is from the bill.
"Article XXV Right to Housing
SECTION 1. The state hereby recognizes the fundamental human right to adequate housing for everyone in California. It is the shared obligation of state and local jurisdictions to respect, protect, and fulfill this right, on a non-discriminatory and equitable basis, with a view to progressively achieve the full realization of the right, by all appropriate means, including the adoption and amendment of legislative measures, to the maximum of available resources."
Below is from supporters of the bill.
"California, a safe, affordable home is currently a privilege reserved for those who can afford the state’s skyrocketing housing costs. Our state is home to a quarter of all unhoused people in the nation, and more than half of all unsheltered people. Due to generations of racist housing policy, these burdens of housing insecurity fall hardest on Black Californians.
Assembly Constitutional Amendment (ACA) 10 will recognize that every Californian has the fundamental human right to adequate housing. Here is what this would mean in our state:
An obligation on the part of the local and state governments to ensure that all Californians have access to adequate housing;
A commitment to ensuring equitable access to housing that is not subject to any form of discrimination; and
A recognition that the right to housing is not merely a roof over one’s head, but rather adequate housing is permanent, habitable, affordable, and close to employment, healthcare, and schools."
My issue with this bill is who will be paying for it? Are they talking about government housing? We all know the government got away from public housing because they turned into slums in some areas. They are more expensive to run than regular apartments because of government administrative fees of at least 15%. They were rife with corruption because of the government bidding system. They concentrated lower income, disabled, elderly people, POC into specific high density areas which ended up becoming high crime with limited services. Some even said it was segregation and discrimination which it was indirectly because blacks, Latinos, elderly, disabled make less money than whites, younger people and able bodied.
If they are talking about forcing private landlords to subsidize public housing, I'm totally against this. Rent control has harmed the economy. If we didn't have rent control in Los Angeles, the city would have billions in property, income, transfer tax which they could use to subsidize housing for homeless. I fully support fair and legal eviction control. I support all rental housing to be safe and legal. I don't support forcing private individuals paying most of the rent of anyone who happens to score a rent control unit. I've seen people paying $216/month for a two bedroom in Santa Monica. The renters aren't even low income but high income. They don't give rent control units to low income so the program doesn't even serve a purpose. Generally people would move to a cheaper area when they can't afford the rent. That's what commercial and regular tenants have done for years. I'm sure if private homeowners were forced to allow homeless people to live in their homes, they would also oppose the forced taking of private real estate for public use without proper compensation.
What the government needs to do is allow developers to build housing. This means not allowing NIMBYs to stop projects that benefit the community. If the government hadn't stopped housing development for the last 50 years, we'd have enough affordable housing today. Any housing we build today costs too much because of today's high cost of land and construction. If they were built 50 years ago, they'd be affordable today because they'd be a B, C class building.
Government decided to force developers to build expensive units then forced them to rent some or all to low income earners. This makes no sense. It's not sustainable because there is no profit or incentive to build those units. It's unconstitutional for the government to force only one industry to subsidize lower income people. You don't see the government forcing grocery stores, water vendors, doctors, dentists, car dealers, clothing retailers to sell for a loss. We all fundamentally need food, water, medical care, cars sometimes and clothes.
If the bill passes, I believe it'd probably just be lip service. I see no way they can figure out a fair way to build affordable or free housing today in California. All the ways they've tried so far haven't worked. You can't have rent control, NIMBY power, forced private low income housing and affordable housing for all. Something has to give.
Mary Cummins of Cummins Real Estate is a certified residential licensed appraiser in Los Angeles, California. Mary Cummins is licensed by the California Bureau of Real Estate appraisers and has over 35 years of experience.
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