Manufactured Emergency - Housing
This Moratorium is a manufactured Emergency.
The issue is directly tied to the voter approved Measure Y. (November 6, 2018) When it states - when the Moratorium would retroactively take effect.
Measure Y clearly provides Exemptions for Owner OCCUPIED two-plex/tri-plex.
Any modification to this provision of Measure Y must go back to the voter- It cannot be done by a Manufactured Emergency where the Council takes this questionable action.
The Legal challenge must be done via a WRIT OF MANDAMUS.
The Court would decide the Validity of the Moratorium.
NOTE: The abuse that as prompted this Manufactured Emergency is the Speculaturer not the Owner occupied Landlord who this Moratorium is intented to penalize -by Permanently removing the Exemption provided for in Measure Y.
The Council's actions are in conflict with the intent of the literal language of both Measures.
That's why there is a lawsuit on Measure AA and there could very well be a measure on the Moratorium of Councilmember Nikki Bas.. Please note Measure Y : THIS PROVISION WOULD NOT ALLOW THE CITY COUNCIL TO CREATE NEW EXEMPTIONS FROM THE ORDINANCE, MODIFY EXISTING EXEMPTIONS, OR CREATE NEW JUST CAUSE GROUNDS FOR EVICTIONS.
This is exactly what the intent of the Moratorium is doing MODIFYING the language of Measure Y.
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