Passage by Ballot Initiative

TAKE MATTERS INTO YOUR OWN HANDS

The vast majority of rent ordinances have been passed by the vote of local elected representatives.  But when local officials will not even consider a rent ordinance, or in the event that the votes necessary to pass it are not present, the homeowners may wish to take matters into their own hands.  The ballot initiative process allows them to do this, but the road to success is both long and difficult.

ADVANTAGES OF AN INITIATIVE

If eventually accomplished, an ordinance obtained by initiative measure can have several advantages over one that is passed by the local legislature:

First, because the homeowners themselves are drafting the provisions of the ordinance, the rent increase levels can be set at reasonable levels, such as 66% of CPI. Protections such as vacancy control can be inserted without battling against reluctant government officials.

Second, an initiative ordinance can state that it may only be eliminated or amended by a vote of the electorate, such as a two-thirds majority. This eliminates the possibility that the elected officials can be pressured by park owners to rescind the ordinance.  Only the voters could do so.

A LONG AND ARDUOUS PROCESS

It is also true, however, that the initiative process is a long and arduous one which requires many hours of work by a well-organized community of mobilehome residents. Public sentiment may tend to disfavor voting to pass initiatives of any kind, which are viewed as being a nuisance to read and too confusing to understand. This probably explains why the ballot initiative method of obtaining a rent ordinance is seldom used. In addition, local government officials cannot correct errors or unenforceable provisions which may have been passed by the voters.

Source: The GSMOL Mobilehome Rent Stabilization Ordinance Handbook, Second Edition: Guidelines for Drafting and Enacting a Mobilehome Rent Stabilization Ordinance.

Prepared by: Bruce Stanton, Esq., Corporate Counsel

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