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Berkeley, California, Measure Q, Rent Control Ordinance Amendments (November 2018)

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Local ballot measure elections in 2018
Measure Q: Berkeley Rent Control Ordinance Amendments
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The basics
Election date:
November 6, 2018
Status:
Approveda Approved
Topic:
Local housing
Related articles
Local housing on the ballot
November 6, 2018 ballot measures in California
Alameda County, California ballot measures
See also
Berkeley, California

A measure designed to amend the city's rent control law, subject to changes in state law, was on the ballot for Berkeley voters in Alameda County, California, on November 6, 2018. It was approved.

A yes vote was a vote in favor of updating the city's rent control ordinance, subject to changes to the Costa-Hawkins Rental Housing Act, to:
  1. exempt newly built housing from rent control for the first 20 years after building;
  2. preserve rent increases made lawfully under Costa-Hawkins; and
  3. (not subject to state law changes) exempt units containing permitted accessory dwelling units where the owner resides on the property from rent control.
A no vote was a vote against updating the city's rent control ordinance, subject to changes to the Costa-Hawkins Rental Housing Act.

Election results

Berkeley, California, Measure Q, Rent Control Ordinance Amendments (November 2018)

Result Votes Percentage

Approved Yes

35,473 71.40%
No 14,210 28.60%
Results are officially certified.
Source

Text of measure

Ballot question

The ballot question was as follows:[1]

“

Shall the ordinance amending the Rent Stabilization Ordinance to: account for potential repeal of the Costa-Hawkins Rental Housing Act by preserving vacancy rent adjustments; update the new construction exemption from rent stabilization to a 20-year rolling period; and exempt all lawfully permitted Accessory Dwelling Units from rent stabilization and eviction for good cause protections, be adopted? [2]

”

Impartial analysis

The following impartial analysis of the measure was prepared by the office of the Berkeley City Attorney:

“

This measure was placed on the ballot by the City Council.

Berkeley’s Rent Stabilization and Eviction for Good Cause Ordinance (BMC Chapter 13.76) requires landlords to register rental units, limits how much landlords can increase rents on many rental units, and provides that certain tenants may only be evicted for good cause. Berkeley’s Ordinance is currently limited by a state law known as the Costa-Hawkins Rental Housing Act. Costa-Hawkins bars cities from establishing or limiting rents for single-family homes or newly built housing completed on or after February 1, 1995, or earlier if the city had previously adopted a local exemption for newly constructed units, and from regulating how much rent landlords may charge tenants moving into vacant rental units.

A statewide initiative on the November 6, 2018 ballot, Proposition 10, would repeal Costa-Hawkins and allow local governments to adopt laws governing a landlord’s right to establish and increase rents on newly built housing, notwithstanding the date of construction. Existing Berkeley law does not specify what will happen to rent increases imposed under state law in the event that California voters approve Proposition 10.

This proposed measure would amend Berkeley’s Rent Stabilization and Eviction for Good Cause Ordinance to account for the potential repeal or amendment of CostaHawkins. If state law changes to remove current limits on Berkeley’s Ordinance, this measure would do the following:

  1. Berkeley’s rent stabilization and registration requirements would begin applying to newly built housing twenty years after that housing is built. For the first twenty years, newly built housing would be exempt from these requirements. This differs from current City law, which permanently exempts all housing completed on or after June 30, 1980, from rent stabilization and registration requirements.
  2. This measure would preserve rent increases that were legally imposed on new tenants moving into vacant rental units while Costa-Hawkins was in effect. This would not significantly change the way rent control is implemented in Berkeley, but ensures that existing lawful rent increases remain in effect if state law changes.

In addition, this measure would exempt a rental unit in a residential property that contains a single Accessory Dwelling Unit from rent stabilization and limitations on the reasons for evicting tenants, if the owner resides on the property, and the Accessory Dwelling Unit is lawfully established and fully permitted. The exemption would not apply to tenancies created before November 7, 2018. This amendment would take effect regardless of whether Costa-Hawkins is repealed.[2]

”
—Berkeley 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]

  • Jesse Arreguín, Berkeley mayor
  • Sophie Hahn, Berkeley City Council
  • Lisa Stephens, chair, Berkeley Rent Stabilization Board, 2008-2014
  • Tirien Steinbach, executive director, East Bay Community Law Center
  • David A. Blake, small Berkeley landlord

Arguments in favor

Official argument

The following official argument was submitted in favor of the measure:[3]

“

Vote Yes on Measure Q to keep rent control fair for everyone.

Berkeley and the entire state is facing a housing affordability crisis. Rents continue to increase and more renters are facing displacement. We need a balanced housing policy, that encourages new construction and protects sitting tenants.

Measure Q would prevent unfair rent rollbacks, give tenants in buildings from the 1980s and 1990s rent control protections, and homeowners would be incentivized to build new Accessory Dwelling Units (ADUs) to address the housing shortage.

Proposition 10 on the November ballot would repeal the Costa-Hawkins Rental Housing Act and expand rent control protections for tenants. To prepare for the potential passage of Prop 10, the City Council placed Measure Q on the ballot. Measure Q provides clarity and sets a fair standard that whatever the rent is at the time Prop 10 passes will be the rent ceiling going forward.

Newly constructed buildings are exempt from rent control, but buildings built in the ‘80s and ‘90s aren’t “new” anymore. If Prop. 10 passes, Measure Q would give much-needed rent control to tenants in all buildings over 20-years old. It will also continue Berkeley’s long-standing policy of permitting rent control, but not hindering new construction.

The housing shortage is critical, and we need more units, including Accessory Dwelling Units. We also need multi-generational housing opportunities. Measure Q would exempt lawfully established ADUs from rent controls, and also exempt the main house if the owner resides in their ADU. This will allow owners to age in place and increase housing opportunities.

Berkeley deserves clarity about the effects of Prop 10, a fair standard for new construction, and incentives for homeowners to build additional housing units.

Please join the Mayor, City Councilmembers and the League of Women Voters in supporting Measure Q. [2]

”

Opposition

No official argument was filed in opposition to the measure.

Local rent control ballot measures, 2016–2018

Between 2016 and 2018, there were 16 local ballot measures to expand or increase rent control in 13 jurisdictions in California. Seven of the proposals were approved, and nine of the proposals were defeated. Measures varied in the proposed base rents, maximum allowed annual increase in rents, and causes for tenant termination.

The passage of California Proposition 10 on November 6, 2018, could have had the effect of expanding rent control in cities where the Costa-Hawkins Rental Housing Act, rather than a municipal ordinance, defined the limits on rent control.

The following table provides a list of local ballot measures related to rent control in California:

Note: Click "show" to expand the table.

Path to the ballot

See also: Laws governing local ballot measures in California

This measure was put on the ballot through a vote of the Berkeley City Council.

See also

External links

Footnotes

  1. ↑ Alameda County, "Election Information," accessed September 5, 2018
  2. ↑ 2.0 2.1 2.2 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  3. ↑ 3.0 3.1 3.2 Alameda County, "Measure Q Text," accessed September 6, 2018
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