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Another victory for Richmond rent control against the California Apartment Association

by Lynda Carson (tenantsrule [at] yahoo.com)
In a quote from Richmond Councilmember Gayle McLaughlin, she said, “I’m delighted that the Judge ruled against the CAA's motion for a preliminary injunction. This is another victory for the voters of Richmond who passed Measure L with a 2/3 vote, understanding the importance of protecting Richmond tenants and stabilizing our neighborhoods with this sound, constitutional ordinance.”
Another victory for Richmond rent control against the California Apartment Association

By Lynda Carson - February 15, 2017

Richmond - It has been another victory for rent control, just cause eviction protections, and the voters and renters of Richmond against the notorious meddling of the California Apartment Association (CAA). The CAA retaliated with a lawsuit against the City of Richmond after the voters and renters approved Measure L last November in a landslide victory. The CAA and it’s wealthy landlord backers did not respect the will of the people, and retaliated against the voters and the city with a temporary restraining order (TRO), preliminary injunction, and a lawsuit against Measure L, in an effort to keep the renter protections from remaining in effect. The renter protections went into effect on December 30, 2016.

In response to the shenanigans of the CAA and it’s notorious meddling in the affairs of Richmond’s voters and renters who approved Measure L in a landslide victory last November, in a ruling filed on February 14th, Judge Judith S. Craddick, of Contra Costa County wrote, “The California Apartment Association’s motion for a preliminary injunction is denied.”

On behalf of the landlords the CAA is the plaintiff in this case that is known as California Apartment Association vs. City of Richmond. The City of Richmond argued in court that the plaintiff (CAA) must show irreparable harm if the preliminary injunction was not granted. In it’s February 14th ruling, the court finds that the plaintiff (CAA) has not met its burden of showing it will suffer irreparable harm without the preliminary injunction, which is why the court denied the plaintiffs motion. After losing in their recent motions for a TRO, and a preliminary injunction against Measure L, the CAA is now is seeking a permanent injunction in the effort to stop Measure L from remaining in effect. A hearing is set for March 3, 2017, at 9:00A.M., in Department 9, at the courthouse in Martinez for the parties involved in the case.

In a quote from Richmond Councilmember Gayle McLaughlin, she said, “I’m delighted that the Judge ruled against the CAA's motion for a preliminary injunction.  This is another victory for the voters of Richmond who passed Measure L with a 2/3 vote, understanding the importance of protecting Richmond tenants and stabilizing our neighborhoods with this sound, constitutional ordinance.”

The Fair and Affordable Richmond Coalition

In a release from the Fair and Affordable Richmond Coalition, a united group of organizations and renters that brought Measure L to the voters, it states, “The California Apartment Association (CAA) has fought the establishment of Rent Control and Just Cause eviction protection since 2015. After the CAA paid for the collection of enough signatures to force the Richmond City Council to repeal their Rent Control Ordinance, local community groups, labor unions and faith organizations came together to put Measure L on the November 2016 ballot. Measure L passed with 65 percent support, but the CAA filed a lawsuit asking for an injunction against the implementation of Measure L in Richmond. On Monday, Hon. Judge Craddick denied the injunction, allowing for the implementation of Measure L to continue.”
 
“For years, we’ve been fighting alongside Richmond residents, organizations and landlords to protect residents from unfair rent increases, evictions, and substandard living conditions. While gentrification and displacement are still ongoing issues, the court’s ruling today, affirms the public’s will for renter’s protections” said Asian Pacific Environmental Network organizer Ratha Lai.
 
“The City of Richmond will now continue the process of establishing the Rent Board, which will oversee the Rent Control and Just Cause eviction protections system. This Board will be vital to the success of Richmond’s Rent Control and the members of the Fair and Affordable Richmond Coalition, who qualified Measure L for the ballot, are anxious to see the Board established and begin regulating. “It is time to move forward and create the Rent Control Board Richmond voters voted to put in place. We cannot allow for renters to continue to be illegally evicted by real estate speculators who are taking advantage of the lack of an established Rent Control system” explains Tenants Together attorney Leah Simon-Weisburg.”

According to some local attorneys familiar with the case, they claim that Leah Simon-Weisburg did a great job as the author of Measure L, saying that it was based on existing law in other cities with rent control, and just cause eviction protections.

The Fair and Affordable Richmond Coalition is made up of Tenants Together, Alliance of Californians for Community Empowerment (ACCE), Richmond Progressive Alliance, SEIU 1021, Asian Pacific Environmental Network, AFSCME Local 3299 and the California Nurses Association.

The California Apartment Association and it’s greedy landlord wealthy backers have been meddling in the affairs of many other cities in California where renters have been pushing for modest renter protections, including Alameda, Santa Rosa, Mountain View, Healdsburg, Lafayette, Pacifica, San Jose, San Mateo, Concord, Milpitas, and Marin County.

Lynda Carson may be reached at tenantsrule [at] yahoo.com

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