Editor,
Article 34 of the California State Constitution is a 1950-era stain on the Constitution of California that few have ever heard of.
Editor,
Article 34 of the California State Constitution is a 1950-era stain on the Constitution of California that few have ever heard of.
It makes developing affordable housing difficult to impossible by giving voters veto power over any affordable housing proposal that uses public funding (that is, nearly all of them). It was put forth by the California Realtors Association and passed by a slim majority of California voters in 1950, after racially restrictive zoning was ruled unconstitutional in 1948. Its purpose — and impact — was to replace racially restrictive zoning with a new tool for racial and socio-economic exclusion.
As Maya Angelou said, “When you know better, do better!” and the California Realtors Association now agrees that Article 34 should be repealed. Until it is, state, county and city governments, and affordable housing developers must work around the restriction, adding cost and delay to the production and preservation of desperately needed affordable housing.
In our county, 10,000 people are on the waitlist for housing vouchers and many more are on waitlists for affordable housing.
That is why I urge the San Mateo Board of Supervisors to place a measure on the November ballot that would serve as authorization under Article 34 to empower cities and the county to review and approve production and preservation of desperately needed affordable homes.
Karen Grove
Menlo Park
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(2) comments
So, Ms. Grove, I ask again since nobody is ever able to answer... Why aren’t the folks pushing to take voting power away from voters willing to house some of the 10,000 people on the waitlist for housing vouchers or on the waitlist for affordable housing? Why the scheming to fool people into giving up their voting rights? I urge everyone to vote NO on any measure attempting to take away your voting rights. This is just a stepping stone - who knows, the county may start forcing folks to take in some of these waitlisted folks into their residence.
The thing about a referendum is that it is an extra expensive hurdle. Even in the case that the voters want a thing to happen, the fact that you have to go back and ask them again puts a thumb on the scale for making sure nothing happens.
Imagine if literally every act of the elected body required a referendum. Want to install new fire hydrant? Referendum. How about rezoning one plot downtown by the train station to change from commercial-only to mixed-used? Referendum. Etc
Nothing would ever get done, because the marginal benefit of each individual choice is less than the cost required to approve it. This is why, as the saying goes, we have a republic, not a (direct) democracy. Direct democracy is not a functional system, for a polity larger than a few dozen people.
When you poll the voters, they consistently say they want more affordable housing, by _huge_ majorities. The California Association Realtors, which I think you might listen to, agrees that Article 34 was a mistake.
The will of the voters is still involved -- the voters elect County Supervisors and City Councilmembers, and those officials appoint various Planning Commissioners, as well as choosing and directing city staff. The voters do not need to be _directly_ involved in every niggling little detail, and trying to force them to be involved just results in paralysis -- which was the entire point of Article 34. "You can't ever do this thing, even if the voters want to, because it's too expensive and complicated" is _not_ local control.
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