No on Prop. 98 Coalition Disappointed in Judge’s Ruling to Keep “Rent Control” Out of Prop. 98 Title

In Legal Filings, Both Judge and Attorney General Acknowledge that Rent Control is Major Component of Prop. 98.

Sacramento, CA – No on 98/Yes on 99 coalition members today expressed disappointment in Sacramento County Superior Court Judge Timothy Frawley’s decision to leave the Proposition 98 title & summary unchanged. Plaintiffs argued that Prop. 98’s rent control provisions were a principle point of the initiative and, as such, should be referenced in the title.

In his ruling, Judge Frawley acknowledged rent control was a key component of Prop. 98, writing: “If the proposition is approved, the proposition would prohibit any new rent control measure…” However, the judge ruled that there is no distinction between the title and the summary and since the prohibition on rent control was already the second bullet in the summary, the Attorney General had substantially complied with the law. However, in oral remarks today during the hearing, Judge Frawley also acknowledged that if he had been tasked with writing the title and summary he might have written it differently.

In pleadings filed in connection with this lawsuit, the Attorney General also acknowledged that rent control is a primary provision in Prop. 98, writing: “The Attorney General agrees with petitioners that the prohibition on rent control is one of the chief points and purposes of Proposition 98”. But the Attorney General refused to mention rent control in the title.

Plaintiffs in the case respond to the ruling:

Dean Preston, Executive Director of Tenants Together in San Francisco and a co-plaintiff in the lawsuit said: “Today’s ruling is a disappointment. The only reason Prop. 98 was put on the ballot is to end rent control, pure and simple. We strongly believe that some reference to rent control should be reflected in the title. Eighty-five percent of funding for the Yes on 98 campaign – more than $2 million – comes from landlords and the organizations that represent them. Millions of people in rent controlled communities will be negatively impacted, as will more than 14 million California renters who will lose renter protections if Prop. 98 passes.”

Nan Brasmer, President of the California Alliance for Retired Americans and co-plaintiff said: “Regardless of the ruling, we’re moving full steam ahead to educate voters about the hidden provisions and dangers of Prop. 98. We know voters strongly oppose Prop. 98’s provisions that would abolish rent control and renter protections. Voters are smart, and we’re confident they’ll see through the landlords’ smokescreen and vote No on 98 on Election Day.”

Background: The No on 98/Yes on 99 coalition filed a lawsuit February 25 in Sacramento County Superior Court asking the court to change the official title of Proposition 98 to include mention of the measure’s rent control provisions. The official title of the measure prepared by the California Attorney General’s Office only informs voters of the measure’s eminent domain provisions, and excludes any mention of eliminating rent control, which is one of Prop. 98’s main provisions. The summary itself includes mention of rent control as the second point, but not the title.