California Apartment Association

A voter petition to repeal Burlingame’s longstanding law against rent control fails to meet requirements under California’s election code and cannot legally appear on the November ballot.

The full text of Measure T — which the initiative seeks to overturn — is missing from the petition, which CAA’s lawyers argue invalidates the ballot measure under state law.

Bell, McAndrews & Hiltachk, a law firm representing the California Apartment Association, points out the initiative’s legal deficiencies in a July 1 letter to Burlingame’s city clerk.

“By omitting the full text of the proposal as the Elections Code mandates, voters were deprived of essential information necessary to evaluate one’s decision to sign or not sign the initiative petition,” says the letter from attorney Ashlee Titus. “The petition is not entitled to further advancement through the initiative process.”

The letter urges the clerk to reject the “fatally defective” petition, which Burlingame Advocates for Renter Protections went on to file Tuesday, July 5, along with more than 3,000 signatures. Both tenant activists and the rental housing industry are now waiting for the clerk to either reject the petition or forward it to the county elections department, where signatures would be counted and verified.

“While using a lot of words to declare intentions with respect to Measure T, the initiative fatally fails to set forth the actual text of Measure T, the existing City law, that it would have the voters delete from the City’s books,” says the letter.

The proposed ballot measure, the Burlingame Community Protection Ordinance, would repeal Measure T, a law from 1980 that prohibits the City Council from imposing rent control without first gaining approval from the electorate. The initiative also would impose rent control in the city based on the rate of inflation. Moreover, it would enact just-cause eviction measures.

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 potential rent control ballot measures include Richmond, San Mateo, Alameda and Mountain View.

“CAA is firmly opposed to all forms of rent control,” Joshua Howard, senior vice president of local government affairs, said in an email to The Daily Journal. “Our members and our broad coalition of homeowners, businesses and allied trade associations are committed to defeating any ballot measure that attempts to impose rent control.”

Related content:

• Opponents say Burlingame rent control ballot measure is doomed (The Daily Journal, June 6)
• As Burlingame rent-control advocates submit signatures, CAA believes it’s found fatal flaw (Silicon Valley Business Journal, June 6)