Life, liberty, the pursuit of happiness and鈥ousing?
California lawmakers are trying to in the state鈥檚 constitution. But what exactly does that mean in a state that lacks the resources to give everyone a roof over their heads?
Supporters say the constitutional amendment would hold state and local officials more accountable for solving California鈥檚 homelessness crisis.
鈥淚t鈥檚 really a way to make sure elected officials and the government does its job and doesn鈥檛 continue to fail so miserably in ensuring access to housing for all,鈥� said the author of Assembly Constitutional Amendment 10, .
But the language of the measure is brief and vague, and doesn鈥檛 specify what a right to housing entails or how it would be enforced. Some critics worry the amendment wouldn鈥檛 do much. Others fear it would do too much 鈥� with unintended consequences.
While several prior attempts to create a right to housing in California failed, this one recently passed its first committee vote. Even if it passes, the proposed amendment would still need approval from California voters.
What would a right to housing do?
The proposed amendment recognizes the fundamental right to 鈥渁dequate housing鈥� for everyone in California. Local and state lawmakers must work toward fulfilling that right 鈥渂y all appropriate means.鈥�
That鈥檚 about it. What that looks like in practice and how it is enforced would be hammered out by local officials and the courts.
Haney, one of the few state legislators who rents rather than owns a home, called the measure a 鈥済ame-changer鈥� during a recent rally in front of the Capitol. He was backed by several dozen people carrying signs that read 鈥淗ousing is a human right鈥� and 鈥淜eep families home.鈥�
He said the amendment could influence local planning decisions, such as by empowering lawsuits against zoning rules or policy decisions that restrict affordable housing development. It could also help the state enforce existing pro-housing laws, he said.
According to Michael Tubbs, former mayor of Stockton and now an adviser to Gov. Gavin Newsom, a right to housing also would require the government to regulate landlords, potentially by enacting rent control or tenant anti-harassment policies, or guaranteeing renters a right to counsel during evictions. It also would create an obligation for the government to budget for housing programs, .
Newsom has not endorsed the right to housing amendment.
What would a 鈥榬ight to housing鈥� cost California?
Declaring a right to housing wouldn鈥檛 immediately solve California鈥檚 homelessness crisis, Haney acknowledged, nor would it require cities to provide housing to everyone or entitle people to free housing.
Decades of under-building have led to soaring housing prices and more people living on the streets. for two decades to meet its population鈥檚 needs, California鈥檚 Department of Housing and Community Development estimated in 2000. Last year, the state added just 113,130.
As a result, rents are unaffordable for many Californians. The median rent for a two-bedroom home in San Jose, for example, is $3,100, according to Zillow. It鈥檚 the same in Los Angeles.
Ann Owens, a sociology professor at the University of Southern California specializing in social inequality and housing, believes everyone has a right to housing. But she鈥檚 not sure how much good putting it in the state鈥檚 constitution will do.
鈥淭he resources part, I think, is where the right to housing often hits a wall,鈥� she said. 鈥淵ou can have this constitutional amendment, but what happens when you don鈥檛 actually have the money to provide it?鈥�
In 2020, Newsom , citing its estimated price tag of more than $10 billion a year. An analysis by the Senate Appropriations Committee laid out billions in potential costs for state agencies to design programs and connect people with housing and other services.
Haney鈥檚 amendment doesn鈥檛 yet have a cost estimate. California to house all its homeless residents, according to a 2022 analysis by the Corporation for Supportive Housing and the California Housing Partnership.
At the same time, several lawmakers expressed concern that a right to housing would go too far.
Assemblymember , voted against the measure in committee last week. He said he鈥檚 鈥渞eally scared鈥� about the leeway California鈥檚 judges would have when interpreting a right to housing.
and an attorney, worried it would subject every budget decision the Legislature makes to litigation. If legislators allocate money to clean energy or health care, he asked, could someone sue because that money wasn鈥檛 being spent on housing?
鈥淭he major, major heartburn I鈥檓 having right now is around enforcement and implementation of this,鈥� he said, though he ended up voting for the amendment.
Haney dismissed Gabriel鈥檚 argument as a 鈥渟traw man if there ever was one.鈥� But he promised to work with legislators, constitutional experts and housing leaders to address his colleagues鈥� concerns.
The measure narrowly passed the Assembly鈥檚 housing committee and next must clear appropriations.
California renter groups back amendment
If this idea makes it onto the ballot and voters OK it, California would become the first U.S. state to legally recognize a right to housing.
鈥淚t would be a really big deal,鈥� said Eric Tars, legal director for the National Homelessness Law Center.
It鈥檚 not for lack of trying that it hasn鈥檛 been done before. Attempts in 2020 and in 2022 to put the right in the state constitution both failed 鈥� neither was heard in committee. And in his city, paired with an obligation for unhoused people to accept a bed when it was offered, but it didn鈥檛 get far.
The new state proposal likely will meet the same fate, said political consultant Steven Maviglio, who served as spokesman for the campaign against in 2020. Local officials likely will balk at the cost, he said, as will individual homeowners worried about tax increases.
鈥淚 don鈥檛 see it having a very long future,鈥� he said.
More than 100 housing and renter advocacy groups and other organizations support the amendment, which is co-sponsored by the Alliance of Californians for Community Empowerment Action, ACLU California Action, Abundant Housing LA and several others.
No organizations are on the record opposing the amendment, but the League of California Cities has expressed reservations.
鈥淐al Cities has concerns with ACA 10, as it does not include the significant investment needed from the state to jumpstart the construction of sorely needed affordable housing throughout California,鈥� Jason Rhine, assistant director of legislative affairs said in an emailed statement.
What鈥檚 next?
To make it onto the March 2024 primary ballot, the right to housing amendment must pass the Legislature before it adjourns in mid-September. To hit the November 2024 ballot, it has until June 2024. It needs a two-thirds vote in both houses.
After hearing the feedback from his colleagues Wednesday, Haney said it might take longer than this year to pass his measure.
鈥淚鈥檓 not trying to rush this just to force it to the ballot,鈥� he said.
If it does pass, Haney hopes it will help people like Peggy Pleasant, who spoke at the committee hearing on behalf of the amendment. The Los Angeles mother lost her job in 2008 and became homeless, sleeping with her daughter in her car until it was repossessed. She eventually found housing, but recognizes she鈥檚 one of the lucky few who did.
鈥淲hen you鈥檙e homeless, you lose housing, whatever, you lose family members,鈥� Pleasant said. 鈥淏ut you lose your hope. And when you lose your hope, that makes you an inadequate person.鈥�
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