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# Proposition 98 is a nightmare
- URL: https://www.smdp.com/proposition-98-is-a-nightmare/
- Published: 2008-03-24T15:00:00.000Z
- Updated: 2026-10-24T23:44:37.000Z
- Author: Guest Author
- Tags: Opinion, Santa Monica, #archive-import

*By Bill Bauer can be contacted at*

“The California Property Owner & Farmland Protection Act” is a nasty ballot proposition. It bars state and local governments from taking any private property for private use.

Its real purpose is to abolish rent control throughout the state. If approved, millions of seniors on fixed incomes, single mothers and working families could be at greater risk of being forced out of their homes. In addition, Prop. 98 would gut the most basic tenant protections and end most non-governmental affordable housing by allowing most rent control units to go “market rate” forever with no price protection once a rent-control tenant moves out.

If “98” passes June 3rd, it would be more difficult for governments to purchase private property and transfer it to a nonprofit public housing developer, for example. And, it would undermine general land-use and environmental protections including zoning regulations that protect wilderness areas, neighborhoods and home values.

According to the Legislative Analysts Office, “Any rent control measure enacted after January 1, 2007, would end. Rent control measures enacted before January 1, 2007, would be phased out on a unit-by-unit basis after an apartment unit or mobile home park space is vacated. Once vacant, property owners could charge market rate rents, and that apartment unit or mobile home space would not (ever) be subject to rent control again.”

Who’s behind Prop. 98? If you haven’t figured it out already: The usual landlord groups, real estate interests, and paranoid property owners. The Howard Jarvis Taxpayer Association (HJTA) led the effort to qualify the proposition for the June ballot even though voters rejected Proposition 90, a similar measure, in November, 2006.

Supporters of Prop. 98 also include family farmers, right-wingers, conservative organizations and anti-tax advocates. Jon Coupal, president of the HJTA, says government officials must be prohibited from imposing price restrictions on the sale or lease of private property and “Prop. 98 is aimed at closing all the loopholes including rent control.”

There’s a Santa Monica connection. Prop. 98 proponents, “Californians for Property Rights Protection”is right (no pun intended) here in Santa Monica on Seventh Street. Election compliance attorney Colleen McAndrews is their treasurer, according to their Web site. The Los Angeles Business Journal, (Sept. 8, 2003) describes McAndrews as “a behind-the-scenes player in GOP politics and election law for more than 25 years.” She’s also consulted on various business and hotel backed ballot initiatives here over the years.

Owners of mobile home parks and associations such as Western Manufactured Housing Communities are also funding the Prop. 98 campaign. Other backers include apartment owner associations and large apartment owner/developers such as Chicago real estate billionaire Sam Zell, chairman of Equity Lifestyle Properties Inc., which owns both apartments and motor home parks. Zell recently acquired the Tribune Company, owner of KTLA, Channel 5 and the Los Angeles Times.

Paul Hogarth writes in the online Beyond Chron.org, “Look no further than Dan Faller, president and founder of the American Owner’s Association (AOA) — the largest landlord group in California. Faller complains heatedly about rent control, calls pro-tenant elected officials ‘terrorists’ and ‘suicide bombers,’ says that renters ‘choose not to provide for themselves,’ and tells landlords: ‘You are either for us or against us in this fight for your freedom and property rights.’” Heller’s group has raised hundreds of thousands of dollars for “98.”

Together, Prop. 98 supporters have already raised about $2 million to promote their assault on the poor and vulnerable, according to published reports. With voter turnout in June expected to be very low,“98” could win. Stating that “Prop. 98 is the most dangerous right-wing initiative to hit the California ballot in years,” Hogarth adds,“the Prop. 98 forces just want to repeal all regulations of private property.”

To make things more complicated, there’s a similar counter proposition on the ballot that does not involve rent control. Proposition 99, ”The Homeowners Protection Act,” would reform eminent domain by prohibiting the government from using eminent domain to take a home (including condominiums) to transfer to a private developer. A coalition led by the California League of Cities has qualified it for the June election.

Because it doesn’t mention rent control, affect the environment or substantially restrict zoning codes, “99” doesn’t have the adverse consequences that Prop. 98 has. The good news is it’s written so that if it receives more votes than “98,” it would prevail even if “98” receives majority of the votes.

If Prop. 98 succeeds at the polls, it will be a much different Santa Monica in the future with only two classes of people: The rich and those in public housing. Pass the word. “No 98,” and ”Yes” on “99.” The home you save may be your own.

*Originally published in the Santa Monica Daily Press print edition on March 24, 2008.* [Read the original PDF.](https://s3.us-east-1.amazonaws.com/smdp%5Fbackissues/032408.pdf?ref=smdp.com)