Oppose ACA 10 - Housing is a Need - not a right

Posted By: Chip Ahlswede Legislative Affairs, Advocacy Updates,

AAOC is launching a Call For Action effort to oppose ACA 10. We need YOU to reach out to our state legislators to let them know this is a problem for the Multifamily Housing Industry.

To connect with our CFA Email campaign CLICK HERE

Below is the language we have sent as a floor alert to all of the legislators in Orange County about this initiative - 

  1. The proposed constitutional amendment tricks voters into believing shelter is a fundamental right, not the adequacy of housing.
  • This Amendment does not guarantee the right to shelter, which means it does not offer to provide free housing for California residents. The Amendment proposes a right to an adequate standard of living, which California law already provides.


  1. The proposed constitutional amendment is arcane because California housing laws are some of the strictest in the world.
  • The Amendment is based on international law dating back to 1948 and defines the aspect of the right to housing to include pertaining to adequacy as: availability of services, infrastructure, material and facilities; legal security of tenure; habitability; accessibility; affordability; location; and cultural adequacy.


  1. The proposed constitutional amendment gives the government carte blanche to take real property from private property owners without just compensation.
  • The amendment language is so vague and ambiguous that it permits the government to create law that could be analogous to the Emergency COVID-19 Eviction Moratorium; forcing property owners to, again, provide housing without compensation.


  1. The state of California would require billions of dollars annually in ongoing funding to achieve the goals of the proposed constitutional amendment.
  • The state understands the cost involved in providing shelter for individuals, so the Amendment provides clear language stating the Amendment is not blanket housing provided by the government; yet it leaves the costs associated with housing for the private property owners to handle.


  1. The proposed constitutional amendment could force property owners to reduce rent without justification.
  • Terms used in ACA 10, such as: “progressively”, “by all appropriate means”, and “to the maximum of available resources” permits the government to create laws that will force private property owners to provide housing at a reduced rate to: (1) applicants who are unable to pay a lawful advertised rental rate; or (2) existing renters who are unable to pay the contracted rental rate at some point during tenancy pursuant to the signed lease agreement.