Burlingame City Council files argument against rent control initiative

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At their Aug. 1 meeting, members of the Burlingame City Council expressed serious misgivings about the rent control initiative going before voters in November. The video above highlights some of their concerns.


The Burlingame City Council has filed the primary ballot argument against the rent control measure going before voters on the November ballot.

All five members of the council signed the document, released Friday, Aug. 19. Authored by Councilman Michael Brownrigg, the argument urges a no vote on the Burlingame Community Protection Ordinance, which will appear before voters as Measure R.

“While maintaining a varied housing stock is a real priority, Measure R is a deeply flawed, ambiguous ordinance with no legal or financial accountability to residents,” the council’s argument says.

The city’s website has a copy of the measure, as well as the arguments for and against it.

The initiative would repeal Measure T, a law from 1980 that prohibits the City Council from imposing rent control without first gaining voter approval. The initiative, dubbed Measure R, would impose rent control based on the rate of inflation. It also would enact a just-cause-for-eviction policy.

Burlingame is one of several cities in the Bay Area where tenant advocates have been attempting to impose rent control through the ballot box this year. Other cities with rent control going on the November ballot include Richmond, San Mateo, Alameda and Mountain View.

The Burlingame council’s argument criticizes Measure R’s creation of a rental housing commission, giving it “virtually a blank check” to assess fees, hire staff and lawyers and file lawsuits. The argument points out that un unelected body such as the proposed rental housing commission should not have the power to tax.

“Measure R is unexpectedly broad, applying not just to apartments, but to homeowners who rent out a single unit,” the argument says. “They would face significant red-tape and fees to remove a tenant, even if only to move themselves or a family member into their own home.”

To place Measure R on the ballot, tenant advocates needed to acquire at least 2,332 signatures from registered voters. While activists met this threshold, the initiative failed to include the full text of the rent control law that the ordinance would repeal. Despite this violation of the state election code’s full-text requirement — and an objection from CAA’s legal counsel — the city clerk let the initiative move forward.  County election officials ultimately certified the signatures, leaving a reticent council no choice but to put the measure before voters.

Council members expressed concerns that voters would approve the measure without fully understanding the implications.

“Measure R does not screen by income, so wealthy people could occupy below-market units for decades as newcomers struggle to find affordable housing,” the argument reads. It goes on to say, “The unintended consequences of these extensive rules, costs and bureaucracy could be to reduce housing stock as owners remove rental units. Without continued reinvestment in housing, quality diminishes, values decline and the tax base for schools erodes.”

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