DISABILITY
RIGHTS NEWS REPORT
California
Disability Community Action Network
Advocacy Without Borders: One
Community
REPORT #122-2008 -
JUNE 2, 2008 - MONDAY
REPLY
TO: MARTY OMOTO
martyomoto@rcip.com
website: www.cdcan.us
REMEMBERING PHIL PARKER
OF TTSR (TRAINING TOWARD SELF RELIANCE) WHO PASSED AWAY UNEXPECTEDLY
THIS PAST WEEKEND - HE WAS A TREMENDOUS ADVOCATE AND WORKER FOR ADULTS
WITH DEVELOPMENTAL DISABILITIES. HE WAS LOVED AND WILL BE MISSED.
JUNE 3rd CALIFORNIA ELECTION
* PROPOSITION 98 WOULD END ALL
RENT CONTROLS
* ADVOCATES FEAR LOSS OF HOUSING
FOR THOUSANDS
* HUGE IMPACT TO PEOPLE WITH
DISABILITIES, SENIORS
* MILLIONS OF CALIFORNIANS
COULD BE IMPACTED
* ELECTION OFFICIALS PREDICT
"HISTORIC" LOW TURN-OUT
* Voters With
Disabilities, Mental Health Needs, Seniors Can Call PAI Hotline for
Help
SACRAMENTO (CDCAN) - Proposition 98, an
initiative that would abolish all rent controls and make changes to laws
protecting renters in the State, is on the Tuesday (June 3)
California primary election ballot, and though losing in a recent
Field Poll last week, could squeak by to victory if voter turn-out
reaches an "historic low" as one local election
official predicted today.
Some local election officials say that voter
turnout could be as low as 20% and probably not higher than 30% in
most counties and statewide, with even absentee ballot returns
lagging. Historically, low voter turn-out has favored more older
and more conservative voters. Secretary of State Debra Bowen has
not issued a prediction in terms of voter turn-out - but several local
election officials have.
Over 1 Million California Households Could
Be Impacted
The independent and non-partisan Legislative
Analyst says that about 1 million California households, meaning
millions of renters, including low income seniors, people with
disabilities, low income workers who provide supports and services and
others - live in housing or mobilehome parks under some form of rent
control, which Proposition 98 would abolish.
If it passes, the Proposition 98 on the June 3rd
ballot would impact all areas in California currently under rent
controls and prohibit any area from enacting any new rent controls,
including rent controls in mobilehome parks. The issue would
impact persons under the federal housing programs, such as
"Section 8" because in those areas where rent controls are
in place, rents could increase and the control on that unit would end
when tenants change, if Proposition 98 passes.
The measure, titled "Eminent Domain:
Limits on Government Authority" is one of two
initiatives on the California June 3rd state primary election
ballot. The ballot measure would also make changes on how
government can seize private property (called "eminent
domain"). Barring an extremely low voter turn-out, the highly
respected and non-partisan Field Poll last week suggests strongly
that Proposition 98 will lose - but advocates are worried about
how low will the turn-out be that could impact what happens.
Major Potential Impact to People With
Disabilities, Seniors, Low Income Workers
Advocates say will have a major impact on
accessible and affordable housing for tens of thousands of
low income people with disabilities, seniors, low income
workers who provide supports and services, including those
in communities of color.
PAI HOTLINE FOR
VOTERS WITH DISABILITIES, MENTAL HEALTH NEED
* Meanwhile, an election hotline for persons
with disabilities, mental health needs, seniors who may encounter
problems - including physical or other barriers (including
communities of color where English is not the primary language) to
voting, is available by Protection and Advocacy Inc (PAI) through
funding by the federal Help America Vote Act (HAVA).
* In addition, persons can also contact their
local elections officials or the Secretary of State for general
information on voting and voters who need assistance due to
language. See below for information about the election
hotline and also general voting.
Many voters may be confused about the
upcoming primary election.
* Earlier on February 5th, California held
its presidential primary election which did not include any
state races, except one special Assembly election to fill a
vacancy.
* The June 3rd primary election is for all
80 Assembly seats and 20 (seats from odd numbered districts)
of the 40 State Senate seats. In addition all 53 California
congressional seats are up for election.
* In the Assembly, 24 members are termed
out. In the State Senate, 10 members of the 20 seats up
for election.
* Proposition 98 on the ballot for June 3,
is also the same number of a more famous 1988 state
constitutional amendment with the same number that imposed a
public school funding guarantee.
Proposition 98 Would Phase Out
And Abolish All Rent Controls
In addition to making major changes to
the State laws on how government can take private property
for public use, Proposition 98 would stop local government
from passing new rent control laws, and phase out and
eventually abolish all rent controls everywhere in the
State:
* Would impact and eventually
abolish all existing rent control measures now in place and
prevent new controls from being enacted. Over a dozen
cities in California have some form of rent control laws
including cities of Berkeley, Los Angeles, Oakland, San
Francisco, San Jose, and Santa Monica.
Over 100 cities and counties have laws limiting or
controlling the rents that mobilehome park owners can
charge people who lease space.
* Local governments would be
prohibited from enacting any new rent control measures
* Any rent control measure that was
enacted after January 1, 2007 would end (upon passage of
this ballot initiative)
* Other 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 a tenant vacates an
apartment or mobile home space, property owners can charge
higher rents (market rate rents) for the next person - and
that housing would not be subject to rent control again.
Accessible Housing Seen As
Critical To Disability and Senior Rights
* Accessible housing is
considered by many advocates and policymakers as a
major foundation of the rights of people with
disabilities, mental health needs, seniors and
others under the federal Americans with
Disabilities Act (ADA) and the subsequent landmark
1999 US Supreme Court Olmstead Decision.
* That decision requires the
states to take steps to avoid the unjustified or
unnecessary institutionalization of people with
disabilities, mental health needs and seniors.
* Accessible housing costs have
been one of the barriers identified by advocates
and some policymakers in keeping people with
disabilities and seniors in community-based
settings or moving people out of institutional
facilities.
* The Schwarzenegger
Administration, which opposes Proposition 98 on
the June 3rd ballot, has identified housing as a
critical need for persons with disabilities, with
the Department of Developmental Services, which
oversees the operations of 21 non-profit regional
centers that coordinate community-based services
and funding for over 230,000 children and adults
with developmental disabilities, identifying
housing as a key priority - especially in
addressing the crisis of persons with autism
spectrum disorders.
* In the Legislature, a bill
related specifically to people with disabilities
and accessible housing passed the Senate and is
waiting further action in the Assembly. That bill,
SB 1175 by Sen. Darrell Steinberg (Democrat -
Sacramento, 6th District) deals with
regional centers and creation of non-profit
housing foundations.
Opponents of
Proposition 98 Urging Yes on Proposition 99
Some of the opponents of Proposition 98 are
urging voters to vote "no" on Proposition 98 and vote
"yes" on a competing measure, Proposition 99, which makes
no mention of rent control and has a much more limited change in the
state laws about how government can take private property for public
use.
* Proposition 99 makes no mention of rent
control.
* If both ballot initiatives passed, a
provision in Proposition 99 would prohibit Proposition 98 from
taking effect if Proposition 99 received more votes.
* Supporters of Proposition 98 say Proposition 99
does nothing and is meant only to undermine Proposition 98
Supporters Say Proposition 98 Needed to
Protect Property Rights
* Supporters of the June 3rd ballot
measure say the constitutional amendment is needed to
Californians and their property rights and make it illegal
for local to "seize homes, small businesses, family
farms, and places of worship" and transfer it to
"private parties for their private use and
profit".
* The measure is supported by the Howard
Jarvis Taxpayers Association, the California Farm Bureau,
mobilehome park owners, apartment owners and other groups,
including representative of the National Federation of
Independent Business, the California Hispanic Chambers of
Commerce, California Republican Party, and Victim of
Government Home Taking groups from various cities including
Baldwin Park and Oakland.
Opponents Say Proposition 98 Will
End Rent Controls & Laws Protecting Renters
* Opponents say Proposition 98 on the
June 3rd ballot is a "bait and switch" that talks
first about private property rights, but is meant to
eliminate rent control saying that "landlords could
raise rents as high as they want" and would wipe
"out basic protections for all renters" including
they say, laws requiring fair return of rental deposits and
laws protecting renters from unfair evictions.
* A wide range of advocacy groups,
including AARP California, League of California Homeowners,
League of Woman Voters of California, California Chamber of
Commerce, CDCAN (California Disability Community Action
Network), California Police Chiefs Association, California
Alliance for Retired Americans, California Teachers
Association, National Wildlife Federation, California Black
Chamber of Commerce, Coalition to Protect California
Renters, and many others.
Governor Opposed to Proposition
98
Governor Arnold Schwarzenegger on April 26,
announced his opposition to Proposition 98, saying that "Eminent
domain is an issue worth addressing. However, Proposition 98 would
undermine California's ability to improve our infrastructure,
including our water delivery and storage."
Schwarzenegger said that in addition to ending rent
controls, Proposition 98 on the June 3rd election ballot would
restrict ability of state and local governments to move forward on
public works projects and as a result could delay or drive up
construction costs.
SUMMARY OF JUNE 3rd PROPOSITION 98
The constitutional amendment would do
several things related to limiting state and local
government from transferring or taking private property for
public use, Proposition 98 on the ballot for June
3 would:
RENT CONTROL
* Would impact and eventually
abolish all existing rent control measures now in place and
prevent new controls from being enacted. Over a dozen
cities in California have some form of rent control laws
including cities of Berkeley, Los Angeles, Oakland, San
Francisco, San Jose, and Santa Monica.
Over 100 cities and counties have laws limiting or
controlling the rents that mobilehome park owners can
charge people who lease space.
* Local governments would be
prohibited from enacting any new rent control measures
* Any rent control measure that was
enacted AFTER January 1, 2007 would end (upon passage of
this ballot initiative)
* Other 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 a tenant vacates an apartment or mobile
home space, property owners can charge higher rents (market
rate rents) for the next person - and that housing would not
be subject to rent control again.
OTHER HOUSING MEASURES
* Legislative Analyst Office
believes, while wording in the proposed constitutional
amendment is not clear, it appears that other affordable
housing laws could be prohibited, such as local mandatory
"inclusionary" housing laws (ordinances) that
require developers to construct affordable housing on part
of their land or contribute funds for such housing.
TRANSFERRING PRIVATE PROPERTY FOR
AFFORDABLE HOUSING
* Proposition 98 on the ballot June
3rd, would prohibit local government from taking
ownership of private property and transfer it to a private
party (such as a non-profit organization, business or
person. This includes when local government seeks to reduce
high crime or urban decay in a certain area by transferring
substandard apartments to a non-profit organization to
renovate and manage for affordable housing for low income
people and families (that include people with disabilities
and seniors).
* Would prohibit local government
from taking a private property and transferring it for use
that was "substantially similar" to how the
original private owner used it.
* None of these restrictions apply if
local government was addressing a public nuisance or
criminal activity or as part of a "state of
emergency" declared by the Governor.
* Local government could still
continue to take private property for facilities that it
would own and use, such as new schools, roads, parks and
other public facilities.
Proposition 99 Similar To 98
But Does Not End Rent Controls
*One other proposition, Proposition
99, is also on the June 3rd primary ballot and is similar
to Proposition 98, but does not contain any provisions
dealing with rent controls. It was placed on the ballot by
some of the groups in strong opposition to Proposition 98.
* Proposition 99 has a clause that
if both Proposition 98 and 99 were approved by voters, and
if Proposition 99 received more votes than 98, then the
provisions of Proposition would not take effect.
* Proposition 99, like Proposition
98, is a constitutional amendment would prohibit
state and local government from using their power (called
"eminent domain") to acquire an owner-occupied
home and transfer it to another private person or business
entity. It creates an exception for public works or
improvements, public health and safety protection and
crime prevention.
* It is similar to Proposition 98
in that it would prevent local government from
transferring a substandard apartment building, for
instance, to a non-profit organization to renovate and
manage affordable housing.
* Proposition 99 is supported by
the California Alliance for Retired Americans, the League
of Women Voters of California, the League of California
Homeowners and the California Police Chiefs Association
among other groups who say that Proposition 99 "is
real eminent domain reform" with "no hidden
agenda" of eliminating rent controls.
* Proposition 99 is opposed by the
Howard Jarvis Taxpayers Association, the California Farm
Bureau, representatives of the National Federal of
Independent Business Owners, who say Proposition 99
"does nothing" to protect homeowners, family
farmers, small businesses, citing the Legislative Analyst
Office's analysis which says that it "would not
change significantly current government land acquisition
practices."
BE
SURE TO VOTE JUNE 3rd PRIMARY
The deadline to register for the June primary has passed (May 19th).
See CDCAN website for more information at www.cdcan.us
JUNE 3, 2008 STATE PRIMARY ELECTION
* Voter registration must be postmarked no later than May 19, 2008
NOVEMBER 4, 2008 GENERAL (PRESIDENTIAL ELECTION)
* Voter registration must be postmarked no later than October 20, 2008
FOR MORE INFORMATION
For additional assistance with voter registration, please contact your county registrar of voters or the California Secretary of State's office at the following toll-free numbers:
English: 1-800-345-VOTE
Chinese: 1-800-339-2857
Japanese: 1-800-339-2865
Korean: 1-866-575-1558
Spanish: 1-800-232-VOTA
Tagalog: 1-800-339-2957
Vietnamese: 1-800-339-8163
PROBLEMS OR BARRIERS IN VOTING?
HOTLINE ELECTION NUMBER:
* PAI’s hotline is equipped to receive voice and TDD calls.
* The toll-free number for voice calls is: 800-776-5746.
* The toll-free number for TDD calls is: 800-781-4546.
Individuals who speak languages other than English should state their language and an interpreter will be connected to the call. Callers who wish to use the California Relay Service, Speech to Speech Service or Video Relay can dial 711.
* With funding from the federal Help America Vote Act (HAVA), Protection and Advocacy, Inc. (PAI) is sponsoring a toll-free hotline for voters with disabilities who have difficulty accessing polling places, casting ballots or have general questions about the voting process. This is the 4th year PAI has operated the hotline.
* The purpose of the hotline is to fix problems on Election Day that are causing persons with disabilities that causes loss of voting rights.
* Such problems and barriers include:
- limited access to registration materials
- wrong information from providers, conservators, relatives, and facility staff about the person's right to vote
- judges who take away a person's right to vote when they should not
- transportation problems getting to and from the polls
- problems about access to polls or to election ballot for people living in nursing homes and other facilities
- problems about access barriers at polling places such as very limited or no accessible parking or curb ramps; doorways and aisles that are too narrow; voting equipment placed on inaccessible tables or stages; poor disability access trainings for poll workers; and, poll sites said to be "accessible" when they are not.
The deadline to register for the June primary has passed (May 19th).
See CDCAN website for more information at www.cdcan.us
JUNE 3, 2008 STATE PRIMARY ELECTION
* Voter registration must be postmarked no later than May 19, 2008
NOVEMBER 4, 2008 GENERAL (PRESIDENTIAL ELECTION)
* Voter registration must be postmarked no later than October 20, 2008
FOR MORE INFORMATION
For additional assistance with voter registration, please contact your county registrar of voters or the California Secretary of State's office at the following toll-free numbers:
English: 1-800-345-VOTE
Chinese: 1-800-339-2857
Japanese: 1-800-339-2865
Korean: 1-866-575-1558
Spanish: 1-800-232-VOTA
Tagalog: 1-800-339-2957
Vietnamese: 1-800-339-8163
PROBLEMS OR BARRIERS IN VOTING?
HOTLINE ELECTION NUMBER:
* PAI’s hotline is equipped to receive voice and TDD calls.
* The toll-free number for voice calls is: 800-776-5746.
* The toll-free number for TDD calls is: 800-781-4546.
Individuals who speak languages other than English should state their language and an interpreter will be connected to the call. Callers who wish to use the California Relay Service, Speech to Speech Service or Video Relay can dial 711.
* With funding from the federal Help America Vote Act (HAVA), Protection and Advocacy, Inc. (PAI) is sponsoring a toll-free hotline for voters with disabilities who have difficulty accessing polling places, casting ballots or have general questions about the voting process. This is the 4th year PAI has operated the hotline.
* The purpose of the hotline is to fix problems on Election Day that are causing persons with disabilities that causes loss of voting rights.
* Such problems and barriers include:
- limited access to registration materials
- wrong information from providers, conservators, relatives, and facility staff about the person's right to vote
- judges who take away a person's right to vote when they should not
- transportation problems getting to and from the polls
- problems about access to polls or to election ballot for people living in nursing homes and other facilities
- problems about access barriers at polling places such as very limited or no accessible parking or curb ramps; doorways and aisles that are too narrow; voting equipment placed on inaccessible tables or stages; poor disability access trainings for poll workers; and, poll sites said to be "accessible" when they are not.
URGENT!!!!
PLEASE HELP CDCAN CONTINUE ITS WORK!!!
Townhall Telemeetings, reports and alerts and other activities cannot continue without your help!
CDCAN Disability Rights News Reports, Telemeetings & other Events
Advocacy Without Borders - ONE Community:
Townhall Telemeetings, reports and alerts and other activities cannot continue without your help!
CDCAN Disability Rights News Reports, Telemeetings & other Events
Advocacy Without Borders - ONE Community:
News Impacting People
With Disabilities, Mental Health Needs, Seniors & others, including
Asian Pacific Islanders, Latinos, African Americans communities across
California and beyond - Reports go out to over 45,000 people with
disabilities, seniors, mental health needs & others,
organizations, policy makers across California
This report - and the CDCAN townhall telemeetings, and other events and
projects are for all of them and for promoting advocacy without borders
toward unified action. We are one community.
To respond to this report reply to: Marty Omoto at martyomoto@rcip.com
CDCAN website: www.cdcan.us
To continue the CDCAN website, the CDCAN News Reports. sent out
and read by over 45,000 people and organizations, policy makers and
media across California and to continue the CDCAN Townhall Telemeetings
which since December 2003 have connected thousands of people with
disabilities, seniors, mental health needs, people with MS and other
disorders, people with traumatic brain and other injuries to public
policy makers, legislators, and issues. Please send your
contribution/donation (make payable to "CDCAN" or
"California Disability Community Action Network):
CDCAN
1225 8th Street Suite 480
Sacramento, CA 95814
Note: the paypal option on the CDCAN website is temporarily not
working and will be fixed soon.
The CDCAN Townhall Telemeetings are partially funded by a small
grant from the USC UCEDD, Grant #90DD0540 from the Administration on
Developmental Disabilities. (note: the opinions expressed or content in
these reports do not necessarily reflect the views or opinions of the
USC UCEDD.
MANY MANY THANKS to Alta California Regional Center, FEAT (Families for
Early Autism Treatment), Friends of Children with Special Needs, Life
Steps, Easter Seals California, Parents Helping Parents, UCP of Los
Angeles and Ventura Counties, Work Training, Foothill Autism Alliance,
Arc Contra Costa, Pause4Kids, Manteca CAPS, Training Toward Self
Reliance, UCP, California NAELA, Californians for Disability Rights, Inc
(CDR) including CDR chapters, CHANCE Inc, , Strategies To Empower People
(STEP), Harbor Regional Center, Tri-Counties Regional Center, Asian
American parents groups, Resources for Independent Living and many other
Independent Living Centers, several regional centers, People First
chapters, IHSS workers, other self advocacy and family support groups,
developmental center families, adoption assistance program families and
children, and others across California