General Election 2022
Measure EM
- Election Date
- Nov 8, 2022
English
Shall the City Charter be amended to allow the Rent Control Board to disallow or modify annual general rent adjustments for rent controlled units during a declared state of emergency by the President of the United States, the Governor, the Los Angeles County Department of Public Health Officer, or the City Council or Director of Emergency Services while maintaining the landlord’s ability to petition for a rent adjustment per Section 1805 of the City Charter?
Click here to read the staff report for this measure.
- Text of Measure
- Impartial Analysis
- Argument in Favor
- Rebuttal to Argument in Favor
- Argument Against
- Rebuttal to Argument Against
Text of Measure
Section 1804(a) Temporary Freeze shall be added to the City Charter
(i) Rents shall not be increased during the one hundred-twenty (120) day period following the date of adoption of this Article.
(ii) Notwithstanding Section 1805, the Board may, in its discretion and in order to protect the public’s health and safety, disallow or, alternatively, modify otherwise-allowed annual general adjustments to rent ceilings during a state of emergency declared by the President of the United States, the Governor, or the Los Angeles County Department of Public Health Officer, or upon the declaration of a local emergency by the City Council or Director of Emergency Services Nothing in this section precludes a landlord from filing a petition for an upward rent adjustment per Section 1805 of the City Charter.
Impartial Analysis
Measure EM amends the City’s Rental Control Law, Article XVIII of the Santa Monica City Charter, by providing the Rent Control Board authority to disallow or modify otherwise-allowed annual general adjustments to the maximum allowable rent for rent-controlled units during a state of emergency declared by the President of the United States, the Governor, the Los Angeles County Department of Public Health Officer, or upon the declaration of a local emergency by the City Council or Director of Emergency Services. Measure EM still allows an owner of a rent-controlled unit to petition the Rent Control Board for an individual rent increase to enable the owner to obtain a fair and reasonable return. Measure EM was placed on the ballot by the City Council.
The Rent Control Board derives its authority solely from the City Charter. Administrative bodies, such as the Rent Control Board, do not have general police powers and can only act pursuant to the laws that created them. The Rent Control Board has no emergency powers, absent a Charter amendment as proposed.
DOUGLAS T. SLOAN, CITY ATTORNEY
Argument in Favor
Vote YES on Measure EM to protect Santa Monica residents in rent-controlled units from unreasonable rent increases in times of declared emergencies.
The global pandemic affected people in ways that were never imagined. Some of our neighboring cities with rent control laws were able to freeze rents to protect renters during the emergency. In Santa Monica, the rent control law specifies how annual rent increases are determined and does not currently give the Rent Control Board discretion to modify or suspend annual rent increases — even during a declared emergency.
Vote YES on Measure EM to change that for the future. If a state of emergency is declared by the President, Governor, Los Angeles County, or the City of Santa Monica, the Rent Control Board will be able to modify or suspend annual rent increases to protect renters and keep them in their homes.
This power is not a blank check. The Board will be required to justify why the suspension or modification of rent increases is required to protect the health and safety of renters. And, landlords will be able to implement rent increases for their properties if they prove they are not making a fair return, as required by the rent control law.
No one saw the Covid-19 pandemic coming. No one has a crystal ball to see what other types of emergencies could occur. Let’s be prepared for the future and give the Board the power to protect renters in times of declared emergencies. Your YES vote on Measure EM will make that happen.
Protect your neighbors from unreasonable rent increases during declared emergencies by voting YES on Measure EM.
/s/ Caroline M. Torosis, Elected Santa Monica Rent Control Board Commissioner
/s/ Tony Vazquez, Board of Equalization Member
/s/ Dennis Zane, Co-founder, Santa Monicans for Renters’ Rights
/s/ Abby H. Arnold, Co-Chair, Santa Monica Forward
/s/ Nicole Faries, Education Activist
Rebuttal to Argument in Favor
Contrary to what supporters claim, this Charter Amendment is a “blank check” granting drastic new police powers to Santa Monica’s government. Even Santa Monica’s own “Impartial Analysis” admits it. This measure will incentivize Santa Monica to constantly keep some form of local “state of emergency” in place in order to have greater power over residents and businesses. They can proclaim any state of emergency they wish (e.g. homeless crisis, Chinese submarines off the coast, energy/water crisis) and then obtain the power to dramatically alter rents up or down on a case by case basis. Do you even know who your unelected Director of Emergency Services is who has the right to declare a state of emergency whenever (s)he personally wishes? Anyone questioning if there really is an emergency can be fined or imprisoned for six months under Santa Monica Municipal Code 2.16.100 for “disinformation.” Such a situation is ripe for bribery from landlords and land speculators (for example, to get rents raised for earthquake repairs). This measure, combined with Santa Monica’s Municipal Code 2.16.060(f)2, will even give Santa Monica’s government the right to confiscate property (e.g. taking a homeowner’s garage for housing the homeless) without any eminent domain proceedings. If you don’t want to encourage the declation of constant states of emergency in this City, Vote “No” on this measure.
/s/ Marion Goldfarb, Resident
Argument Against
This measure gives an only one person majority in the City Council and the highly political Rent Control Board the right to decrease rents at will and to discriminate between landlords. It also gives power to an unelected Director of Emergency Services. Just days ago, the Santa Monica City Council voted on whether they should let big landlords have six percent raises on their rental units while forbidding long term mom and pop Santa Monica landlords from raising rents for four years. Also, know that almost no small landlord in the history of Santa Monica Rent Control has been allowed a rent increase under Section 1805. This is the reason landlords no longer bring rent increase petitions when they are losing money on their rent controlled units. Instead, they sell their rental property to developers who kick out the tenants and build high end homes.
/s/ Marion Goldfarb
Resident
Rebuttal to Argument Against
VOTE YES ON MEASURE EM. The argument against is factually incorrect.
Measure EM allows renter-protective action to be taken by the elected Rent Control Board only in a declared state of emergency, not at will. Decisions must be made with full democratic process, including public hearings.
The Director of Emergency Services works at the direction of the elected City Council, with full public accountability.
The City Council wisely did NOT zero out mom-and-pop landlord rent increases. They rejected that unfair proposal, which also would have imposed the very highest rent increases on already-burdened renters paying the most to corporate landlords.
Instead, the Council put on the ballot Measure RC, protecting all rent-controlled tenants from rent inflation while treating landlords fairly and equitably. Please VOTE YES on BOTH Measure RC and this companion, Measure EM.
The real reason for so few successful landlord petitions for rent increases? Rents have already rocketed on the majority of Santa Monica’s rent-controlled housing, due to state-imposed vacancy decontrol. Most landlords are now enjoying far beyond the “fair return” guaranteed by law.
Your Santa Monica neighbors, particularly rent-burdened working families and limited-income seniors, deserve the housing stability of effective rent control even when unforeseen emergencies threaten our community.
VOTE YES ON MEASURE EM. It provides that needed protection in emergencies.
/s/ Nicole Faries, Education Advocate
/s/ Tony Vazquez, state Board of Equalization
/s/ Dennis Zane, Co-Founcer, Santa Monicans for Renters’ Rights
/s/ Abby Arnold, Co-Chair, Santa Monica Forward