☆ Costa-Hawkins repeal initiative reveals core constitutional issues

Image by Ashley Brown

It is very likely that CA voters will have the choice of repealing the Costa-Hawkins Act (which exempted certain properties from rent control) this November. Local housing provider Dean Hotop takes the 30,000-foot view, and teases out the core legal and civic issues at play. An Opp Now exclusive.

How Will History Judge Us?

Should We Repeal the Costa-Hawkins Act?

There will be a simple, Yes or No, question on this November’s ballot: Should we repeal the Costa-Hawkins Act (currently known as the “Justice For Renters Act”)?

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If you believe local rent control laws are good and just, you should vote Yes.

If you believe local rent control laws are bad and unjust, you should also vote Yes.

If the second statement is confusing, Supreme Court Justice Robert Jackson will explain it in his words from 1949: “The framers of the Constitution knew, and we should not forget today, that there is no more effective practical guaranty against arbitrary and unreasonable government than to require that the principles of law which officials would impose upon a minority must be imposed generally. Conversely, nothing opens the door to arbitrary action so effectively as to allow those officials to pick and choose only a few to whom they will apply legislation, and thus to escape the political retribution that might be visited upon them if larger numbers were affected” (Railway Express Agency v. New York, 1949).

Your Vote Matters

There will be many mailers, TV ads, and dissertations over the coming months on this ballot measure. So, before we are overwhelmed, let’s take a step back and ask a couple of questions:

• What percentage of voters understand the Costa-Hawkins Act well enough to cast a vote with conviction in their decision? (Bill text here; good luck reading through that without getting a headache!)

• If the following question was posed as an alternative to the Costa-Hawkins question on the ballot, how would you vote: Should all laws be applied equally in the State of California, as called for in both the California and United States Constitution? Yes or No.

Please join me in ensuring that all laws are applied equally in California. It is our patriotic duty to uphold this core principle, honor all those who died fighting for it, and trust in the eternal wisdom of our founders.

Related:

• How SJ's rent control, inclusionary zoning policies backfire

• NY case study: Asian voters overwhelmingly reject rent control laws

• Fairfax residents rebuke rent control ordinance's “outsized impact”

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