Re:S.F. landlords, property owners sue to block voter-approv...
by camgunz on Monday February 13, 2023 @08:15PM
(#34783777)
> On the other hand, the Proposition M vacancy tax is explicitly intended to “disincentivize prolonged vacancies”
Disincentivizing (hopefully not an actual word) is not compulsion.
> the plaintiffs argue violates the Ellis Act which says that homeowners have the right not to be in the business of being a landlord
This may be true; my legal knowledge is limited to being overzealously pre-law so I'm not an expert in CA law. That said, this sounds like a stupid law corrupted by landlords to duck housing rental regulations... OK checked Wikipedia and that's confirmed. Anyway I don't dispute this claim, just the Takings Clause argument, which again is very very bad.
Disincentivizing (hopefully not an actual word) is not compulsion.
> the plaintiffs argue violates the Ellis Act which says that homeowners have the right not to be in the business of being a landlord
This may be true; my legal knowledge is limited to being overzealously pre-law so I'm not an expert in CA law. That said, this sounds like a stupid law corrupted by landlords to duck housing rental regulations... OK checked Wikipedia and that's confirmed. Anyway I don't dispute this claim, just the Takings Clause argument, which again is very very bad.