In abstract
The Sure and No on 33 campaigns have collectively spent greater than $140 million. CalMatters reality checked among the extra pervasive claims made by each side.
Confused about Proposition 33? You’re not alone. A latest ballot reveals the poll measure to provide native governments extra capacity to restrict hire will increase is working neck and neck, with almost a 3rd of voters undecided.
Prop. 33 would repeal a state legislation generally known as the Costa Hawkins Rental Housing Act that forestalls native governments from controlling hire on single-family properties, properties constructed after 1995 (or earlier in some circumstances), and when tenants transfer out. If it passes, native governments may create no matter measures they need to restrict annual hire will increase, and the state couldn’t intervene.
Tenant advocates largely assist Prop. 33. Landlords are bankrolling the marketing campaign in opposition to it. Democratic officers are break up: Some aspect with tenants on the significance of protecting rents down on present properties. Others are extra centered on growing total housing provide, and need to ensure that properties are worthwhile for builders to construct and landlords to function.
You wouldn’t essentially know all this from the assault adverts airing on TV and mailers fluttering into Californians’ mailboxes. Each side say they stand for inexpensive housing, and among the arguments have included just a few head-scratching claims. We fact-checked a few of these claims, so that you don’t need to.
Declare: Prop. 33 would repeal greater than 100 state housing legal guidelines, together with inexpensive housing necessities and eviction protections.
Ken Rosen, a UC Berkeley enterprise faculty professor, makes this declare in a No on 33 video advert. Opponents of Proposition 33 argue that it might give cities who don’t need to construct housing a approach to undercut new improvement: by mandating rents so low that builders couldn’t afford to construct. They are saying that would make it arduous to implement latest state legal guidelines geared toward addressing the housing disaster, such because the “builder’s remedy” that relaxes zoning guidelines in cities whose housing plans haven’t been permitted by the state.
“A city would be able to create the economic conditions to basically ignore those laws and requirements,” says Nathan Click on, a spokesperson for the No on 33 marketing campaign.
However that’s not the identical as repealing these legal guidelines. And California courts have held that hire management insurance policies are unconstitutional in the event that they don’t enable landlords to earn “a just and reasonable return on their property” — that means any metropolis that tries to drive landlords to cost clearly unfeasible rents, similar to $1 monthly, may face authorized challenges.
Verdict: False.
Declare: Prop. 33 may create over 500 native hire boards
A No on 33 mailer makes this declare, mentioning that the hire boards would have the “power to regulate single-family homes, add fees to housing, and even dictate what you can charge to rent out your own home.”
There are slightly below 500 cities in California, and all of them may theoretically create hire boards to manage native rents, whether or not or not Prop. 33 passes. Beneath Prop. 33, these boards would have the ability to cap hire will increase on single-family properties, doubtlessly affecting earnings for each company and mom-and-pop landlords. Lease boards can cost landlords charges to cowl their working prices — in San Francisco, for instance, it’s $59 per unit — however present legislation already permits them to do this and wouldn’t change underneath Prop. 33.
Verdict: Largely true.
Declare: ‘Rent control is an American tradition for over 100 years.’
This, from a Sure on 33 video that includes actor Blair Underwood, is fairly correct. “Fair rent” committees sprang up in dozens of United States cities within the early Twenties, and hire management turned widespread throughout World Warfare II, serving to drive a rise in homeownership. Nevertheless, greater than 30 states have since handed legal guidelines banning native hire management. Within the states that do enable some type of hire regulation — together with California and New York — greater than 200 native governments have handed measures limiting how a lot landlords can cost, based on the Nationwide Residence Affiliation.
Verdict: Largely true.
Declare: Prop. 33 would repeal the strongest hire management legislation within the nation
No on 33 marketing campaign adverts make this declare, saying the proposition would erase California’s “progress on housing” by eliminating a legislation signed by Gov. Gavin Newsom. Newsom signed a legislation in 2019 that caps hire will increase in California at 5% plus the speed of inflation, or a most of 10%. (The No marketing campaign, staffed by the governor’s longtime advisor, Click on, lists Newsom as an endorser.)
Prop. 33 doesn’t repeal this legislation, which is about to run out in 2030. It could, nevertheless, add this sentence to state legislation: “The state may not limit the right of any city, county, or city and county to maintain, enact, or expand residential rent control.”
Proponents say cities want this flexibility to maintain annual hire will increase beneath 10%, a fee they are saying nonetheless places a giant burden on tenants. Opponents argue that cities may additionally use this freedom to permit rents to soar increased than the state cap. However authorized consultants disagree about whether or not Prop. 33 would possibly truly enable that: Deepika Sharma, housing clinic director on the College of Southern California’s Gould College of Regulation, stated the hire cap “is not preempted by overturning Costa Hawkins,” whereas UC Davis legislation professor Chris Elmendorf stated the proposition may create “a lot of legal murk about how conflicts would be resolved.”
Verdict: Largely false.
Declare: ‘Stanford and UC experts agree Prop.33 will make the housing crisis worse’
This declare comes from a No on 33 audio advert. The chair of UC Berkeley’s Fisher Middle for Actual Property and City Economics, Ken Rosen, seems in a No on 33 advert and has argued that Costa Hawkins must be preserved or building will sluggish and landlords will pull rental items off the market. This echoes the view of many economists at California’s elite universities and elsewhere that hire management reduces rental provide, a view that’s backed by some empirical research.
However different economics and coverage researchers — significantly those that consider in a stronger function for presidency in fixing social issues — see hire management as a part of the answer to housing insecurity.
“Rent regulations support those who need it most, including those who are not being adequately and safely served by the current set of regulations that provide landlords substantial market power in the housing market,” wrote 32 economists from universities together with UC Santa Barbara final yr, urging the Biden administration to manage rents in buildings with federally backed mortgages.
Verdict: Considerably deceptive.
Declare: ‘Prop. 33 (eliminates) existing protections for seniors and veterans’
This declare from a No on 33 video advert isn’t true. Prop. 33 doesn’t include any language about seniors and veterans, and the legislation it might repeal, Costa Hawkins, doesn’t both.
Verdict: False.
Declare: Homelessness in California is up almost 40% since 2019
This Sure on 33 video advert overstates the disaster. There are almost 186,000 homeless Californians, based on a CalMatters evaluation of the most recent federally mandated census, up from about 151,000 in 2019. That’s a rise of about 23%.
Verdict: False.