Should We Have a Constitutional Right to “Housing”?

California is hoping to solve a massive homeless problem with a change in the state constitution. One lawmaker is proposing an amendment that proclaims “adequate housing” as a fundamental right. It’s not clear what “adequate housing” would mean, but if it gets on the ballot, and it’s passed by voters, it would be the first such constitutional amendment in the nation.   Hi, I'm Kathy Fettke and this is Real Estate News for Investors. Please remember to subscribe to this podcast and leave us a review.   Assembly Constitutional Amendment 10   Assemblyman Matt Haney of San Francisco proposed the amendment which is currently working its way through the state legislature. The measure, called Assembly Constitutional Amendment 10, would make state and local governments responsible for upholding this mandate.   There would have to be some guidelines as to what’s “adequate.” As reported by the Orange County Register, it could include the creation of more housing, better tenant protections, the repurposing of under-utilized or vacant properties, as well as housing subsidies. (1)   What is “Adequate Housing”?   Lobbyist Chris Micheli told the Register: “Some people might view ‘adequate’ as merely having a roof over your head. It could also mean shelter inside a gymnasium or a large building of some sort, almost like when we have emergencies.” Or would it mean that everyone is entitled to a standalone single-family home or an apartment?   Assemblymember Haney told the Orange County Register that: “California has been at the epicenter of the housing crisis” with 30% of the nation’s homeless living in California. Haney says: "We have more Californians living on the street than anywhere else in the nation.”   Basic Human Needs: Housing, Food, Water   Assemblymember Sharon Quirk-Silva, who supports the proposal, says the goal is to consider housing as a basic human need. She says: “There (are) really only three basic needs… and that is housing, food and water… And I think many of us grew up taking that for granted, but what we’ve seen over the last decade in California has not only been a housing crisis but, of course, a homeless crisis. And that’s what propels me to support this.” (2)   She says the big challenge is the housing shortage. There are just not enough beds for all the people who need them. She says: “We just have not kept pace with housing production in California…” That’s resulted in high rents, and as as rents move higher, more people end up on the street, or they move out of state. But she says: “Many individuals are just one rent payment away from being homeless.”   To get on the ballot, the proposal would need approval by a two-thirds majority in both the State Assembly and Senate by June of 2024. It received a 6 to 2 approval in the Assembly Committee on Housing and Community Development. That pushed it on to a Senate committee. (3)   Concern About the Courts Setting the Standard   Some of the lawmakers expressed concern about who would be responsible for setting the “adequate housing” standard. “Assemblyman Joe Patterson of Rocklin, who voted against the proposal, said: “I think the state and local governments haven’t done a good job on housing which I think has contributed to homelessness, but I’m concerned about the hundreds of judges we have in California having different ideas about what this means.”   Cal Matters reports that more than a hundred groups and organizations that advocate for renters and affordable housing are showing support for the proposal, while none are publicly opposing it. But, it did say that the League of California Cities has “expressed reservations.” (4)   Price Tag?   As for the cost of the bill, Cal Matters cited a study done in 2022 by the Corporation for Supportive Housing and the California Housing Partnership. That analysis determined that to house all the homeless people living in California, it would cost $8.1 billion a year for the next 12 years.    Before that, in 2020, Governor Gavin Newsom vetoed a bill that would have guaranteed housing for everyone. He said the estimated $10 billion a year price tag was too much.   Dramatic Shift in Our View of Housing   The proposal would create a dramatic shift in the way we view housing. And despite the odds of it making it through the legislature, onto the ballot, and approved by voters, the end result would be game-changing. In the words of Micheli: “To have something enshrined in the constitution is very significant.”   You can read more about this by following links in the show notes at newsforinvestors.com. You can also become a member of RealWealth while you are there to learn more about housing and the real estate market. Just click on the “Join for Free” button in the upper right corner. And please remember to subscribe to the podcast!   Thanks for listening! Kathy Fettke   Links:   1 - https://www.ocregister.com/2023/05/16/how-adding-a-right-to-housing-in-the-california-constitution-could-alleviate-the-crisis-2/   2 - https://enewspaper.dailynews.com/infinity/article_popover_share.aspx?guid=57c96a91-d516-465b-a2d1-0736c464df08   3 - https://therealdeal.com/la/2023/06/08/sacramento-lawmaker-proposes-constitutional-right-to-housing/   4 - https://calmatters.org/housing/2023/06/right-to-housing-california-constitution/