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Oakland, California, Measure Y, Eviction Limitations Amendments (November 2018)
| Measure Y: Oakland Eviction Limitations Amendments |
|---|
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| The basics |
| Election date: |
| November 6, 2018 |
| Status: |
 Approved
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| Topic: |
| Local property |
| Related articles |
| Local property on the ballot November 6, 2018 ballot measures in California Alameda County, California ballot measures |
| See also |
| Oakland, California |
A measure designed to amend the eviction limitations law was on the ballot for Oakland voters in Alameda County, California, on November 6, 2018. It was approved.
A yes vote was a vote in favor of amending the evictions limitations law to:
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| A no vote was a vote against amending the evictions limitations law. |
Election results
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Measure Y: Oakland Eviction Limitations Amendments |
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| Result | Votes | Percentage | ||
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88,065 | 58.37% | ||
| No | 62,820 | 41.63% | ||
Text of measure
Ballot question
The ballot question was as follows:[1]
| “ |
Shall the Measure amending Oakland's Just Yes Cause for Eviction Ordinance ("Ordinance") to: (1) remove the exemption for owner occupied duplexes and triplexes; and (2) allow the City Council, without returning to the voters, to add limitations on a landlord's right to evict under the Ordinance, be adopted? N/A[2] |
” |
Impartial analysis
The following impartial analysis of the measure was prepared by the office of the Oakland City Attorney:
| “ |
The Just Cause for Eviction Ordinance (“Ordinance”) (Oakland Municipal Code § 8.22.300, et seq.; also referred to as Measure EE) generally prohibits landlords from evicting tenants from residential rental units covered by the Ordinance without specified just cause grounds. This measure would remove the exemption for owner-occupied duplexes and triplexes, and make the Ordinance applicable to units in those properties. This measure would authorize the City Council to amend the Ordinance to add additional limitations on a landlord’s right to evict without voter approval. This measure also would remove provisions of the ordinance that a court decision invalidated. Exemption for Owner-Occupied Duplexes and Triplexes Currently, the Ordinance does not apply to owner-occupied duplexes or triplexes if the occupying owner has at least a one-third interest in the property because such units are exempt from the Ordinance. This measure would add owner-occupied duplexes and triplexes to the units that are covered by the just cause for eviction Ordinance. This change in the law would apply to units that are currently exempt and to any future duplexes and triplexes when one of the units becomes owner-occupied. As a result, this measure would require that landlords in owner-occupied duplexes and triplexes have just cause to evict tenants and comply with relocation requirements when they evict for owner move-in or repairs, unless some other exemption applies. City Council’s Authority to Add Eviction Requirements Because the Oakland voters adopted the Just Cause for Eviction Ordinance, they must approve any change to the Ordinance. The Ordinance specifies just cause grounds for eviction and provides additional prerequisites to evictions, such as providing proper notice. This measure would allow the City Council, without returning to the voters, to amend the ordinance to add additional limitations on a landlord’s right to evict, e.g., mandating compliance with certain rules and standards, such as, but not limited to, providing a proper notice. This amendment would not allow the City Council to create new exemptions from the ordinance or modify existing exemptions, or create new just cause grounds for eviction. Amendments Delete Invalidated Provisions and Authorize City Council to Amend the Ordinance to Comply with Changes in Law or Court Invalidation of Provisions This measure would delete the Ordinance provisions that the Alameda County Superior Court invalidated in 2006 (Kim v. City of Oakland, No. RG03081362). This measure also would authorize the City Council to amend the ordinance to delete provisions that the courts invalidate and to comply with future changes in state or federal law. The Oakland City Council placed this measure on the ballot. A “yes” vote for the measure will approve the Ordinance amendments described above; a “no” vote will reject the amendments. A majority vote (i.e. more than 50% of the votes cast) is required for passage.[2] |
” |
| —Oakland 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]
- Libby Schaaf, Oakland mayor
- Dan Kalb, Oakland city council member
- James Vann, Oakland Tenants Union, founder
- Gary Jimenez, Service Employees International Union (SEIU) local 1021, political vice president
Arguments in favor
Official argument
The following official argument was submitted in favor of the measure:[3]
| “ |
“Protect All Oakland Renters. Close the Loophole.” Vote "YES" on Measure Y. This May, Ms. Josephine Hardy, a 69-year old widow and grandmother living on a fixed income, was told that she had 60 days to vacate her Oakland home of 47 years. A new owner had bought Ms. Hardy’s building and was using the duplex-triplex loophole to remove all the tenants from her building. Before the landlord moved into one unit of her triplex, Ms. Hardy and all her neighbors were protected against arbitrary evictions under Oakland’s existing Just Cause for Eviction Ordinance. After the owner moved in, she immediately lost these protections and her landlord filed an eviction lawsuit for no cause. If Measure Y passes, a new landlord could still select one unit of a building to live in, but the remaining tenants would retain their just cause for eviction protections, which protect them against eviction for no cause. Ms. Hardy’s story is not unique. Every prospective landlord buying in Oakland can take advantage of the duplex-triplex loophole to push longtime tenants out and then re-rent their old units to newer, wealthier renters, who often pay two or three times more. Measure Y is an important tool to address the housing crisis in Oakland. Placed on the ballot by unanimous vote of the City Council, Measure Y is a straightforward revision of the Just Cause for Eviction Ordinance based on what works to protect renters. Measure Y will:
For more information: www.protectoaklandrenters.org[2] |
” |
Opposition
Opponents
The following individuals signed the official argument against the measure:[3]
- Vito Esposito, homeowner
- Homayoun Ghaderi, homeowner
- Karen Francisco
Arguments against
Official argument
The following official argument was submitted in opposition to the measure:[3]
| “ |
Oakland Voters passed a strong eviction ordinance 15 years ago. It covers 95% of all rental properties in Oakland and has helped stabilize rents and helped to keep many Oakland renters in their homes or apartments. The measure passed because it exempted small owners who live in their duplex or triplex arid rent out the other unit(s). In fact, Oakland now encourages the building of granny units to increase affordable housing. Adding new restrictions on small owners would virtually eliminate the building of granny units and many small owners will not rent a spare bedroom or apartment. Fewer available apartments will push rents higher, harming even more renters. Existing homeowners will not be willing to endure the expense, to build a granny unit. The majority of small owners of duplexes and triplexes in Oakland are minorities, retirees, and people without other sources of income. Passage of Measure Y will discourage them from renting an extra apartment. Often this is the only way they are able to pay the mortgage and taxes. The original exemption of small property owners was recognized as a way to keep small property owners in their own homes. This measure will force many small owners to take units off the market. This proposal will make the housing crisis worse, not better. It is bad public policy and even Berkeley is moving to allow small owners an exemption. This measure is bad for homeowners, bad for tenants and bad for housing. Vote NO on Measure Y. [2] |
” |
Path to the ballot
This measure was put on the ballot through an 8-0 vote of the Oakland City Council on July 24, 2018.[3]
See also
External links
Footnotes
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