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S.F. landlords, property owners sue to block voter-approved vacancy tax

sfchronicle.com

131–140 of 173 posts

Re: S.F. landlords, property owners sue to block voter-approved vacancy tax

#131
post #53

Regardless of politics, landlords who deliberately keep empty apartments off-market are a menace to society. If CA can't sue these people into infinity I don't know another state that can and no rent-control isn't the answer here... It's literally a bigger problem facing the working class or anyone without a mommy and daddy check than the diamond industry creating false scarcity and still propping up the price of "na…

It's their property, they are free to use it (or not) as they see fit. The solution for all this issues on lack of housing is easy, let people build more. SF is famous for its Kafkaesque regulations and zoning for building. Remove them, let apartment buildings be built everywhere, and the problem will solve itself.

They are free to keep or sell as the populace around them votes how best their land is used.

Re: S.F. landlords, property owners sue to block voter-approved vacancy tax

#132
post #94

Earlier quoted context omitted.

[flagged]

The authority to establish speed limits is based on what Amendment? The authority for States to proscribe abortion is based on what Amendment? The authority of States to proscribe selling alcohol to minors is based on what Amendment? The authority of States to require that you enter a contract with an insurer before operating a vehicle is based on what Amendment? (Sorry these textualist posts are just extremely tedio…

I'm not arguing against this tax or its legality but find the rest of your comment interesting.

>The authority of States to proscribe selling alcohol to minors is based on what Amendment?

Commerce clause says congress has the right to regulate commerce.

>The authority of States to require that you enter a contract with an insurer before operating a vehicle is based on what. Amendment?

Little know fact, states only have the right to require insurance if a vehicle is being used for commerce. Personal use transportation does not legally require DMV registration or insurance but the vast majority of people dont know this and voluntarily opt-in to being regulated by laws specifically created to protect paying passengers (taxis) and paid cargo carriers (semis) from accidents.

Re: S.F. landlords, property owners sue to block voter-approved vacancy tax

#133
post #77

Earlier quoted context omitted.

> A vacancy tax no more compels someone to rent their property than an income tax compels me to be unemployed This is a bad analogy because an income tax is supposed to be for raising revenue, and it is generally understood that it should not be too high that it discourages too much economic activity. On the other hand, the Proposition M vacancy tax is explicitly intended to “disincentivize prolonged vacancies” by ta…

Wouldn't renting the unit out be economic activity (rent flows to landlord, household does house things, definitely economic)? Seems to discourage the lack thereof.

Yes, the vacancy tax encourages economic activity, which is the opposite of the income tax which has a side-effect of reducing economic activity. Another reason that camgunz’s analogy is flawed.

According to the plaintiffs, the problem with the vacancy tax is that the city is not supposed to force homeowners into the business of renting that they do not want (Ellis Act https://leginfo.legislature.ca.gov/faces/codes_displayText.x...). It is similar to the Obamacare individual mandate, which also forced people to enter the marketplace, which Congress is not allowed to do by the Commerce Clause of the US Constitution. But in National Federation of Independent Business v. Sebelius, the US Supreme Court said that the individual mandate is just a tax and not a compelled transaction, since “It may often be a reasonable financial decision to make the payment rather than purchase insurance, unlike the “prohibitory” financial punishment in Drexel Furniture” (https://supreme.justia.com/cases/federal/us/567/519/)

Re: S.F. landlords, property owners sue to block voter-approved vacancy tax

#134
post #53

Regardless of politics, landlords who deliberately keep empty apartments off-market are a menace to society. If CA can't sue these people into infinity I don't know another state that can and no rent-control isn't the answer here... It's literally a bigger problem facing the working class or anyone without a mommy and daddy check than the diamond industry creating false scarcity and still propping up the price of "na…

It's their property, they are free to use it (or not) as they see fit. The solution for all this issues on lack of housing is easy, let people build more. SF is famous for its Kafkaesque regulations and zoning for building. Remove them, let apartment buildings be built everywhere, and the problem will solve itself.

IMO it's a zoning problem. If you build residential it should be occupied, in theory if you build it that's the entire point. Mixed use / commercial is another story. If implemented correctly, this could also solve the issue of foreign nationals buying up tons of property just to sit on as an investment - which is a net negative for anyone actually living in the city where these properties are built.

Re: S.F. landlords, property owners sue to block voter-approved vacancy tax

#135
post #101

Earlier quoted context omitted.

> You're now making a weird insinuation... Not sure how. I am trying to understand your thinking. But the phrase "housing is a fundamental human need" can use some explication. What's the maximum for "at least some"? (Roughly, not trying to pin you down to a particular number.)

Pretty much all my tax policies boil down to getting rid of super corrupt breaks to energy and ag, and a 110% tax on income over 10 million, and Elizabeth Warren's wealth tax. Confident we can build some baller cribs on that kind of cheddar.

> 110% tax on income over 10 million

Why not 125% or 200%? Or save even more souls at 500%?

Re: S.F. landlords, property owners sue to block voter-approved vacancy tax

#137
post #83

Earlier quoted context omitted.

The landlord can move into the property themselves, sell the property, or make the property more appealing to rent. There is plenty the landlord can control. What this tax does is say the landlord can't just sit on empty properties without penalty. Heck, the landlord could even work collectively with society to make the area viable for tenants!

> The landlord can move into the property themselves, sell the property, or make the property more appealing to rent. The Landlord occupying vast swathes of vacant space in its portfolio is the same as it being vacant. You realize landlords don’t have 1 employee for every employee it’s tenant has, right? That doesn’t scale. Selling just transfers the issue to someone else. Making the property more appealing isn’t as…

Selling doesn’t transfer the “issue” to someone else. It houses someone in need.

Re: S.F. landlords, property owners sue to block voter-approved vacancy tax

#139

Earlier quoted context omitted.

No, the judicial branch has the role to check that democracy does not become mob rule. There are some basic rights and liberties, but there are others not clear written on paper, but still not removable by vote.

Taxes on land and personal property in the US date back to colonial times. And tax policy often distinguishes between property utilized in different ways (eg. personal vs. business). I doubt you’d convince a judge that a tax that varies based on whether property is unused impinges on some fundamental right in a materially different way.

This is not what I addressed with my comment.

Re: S.F. landlords, property owners sue to block voter-approved vacancy tax

#140
post #5

"“The government cannot compel a property owner to rent his or her property to third parties without violating” the Takings Clause of the U.S. Constitution, the lawsuit said." A vacancy tax no more compels someone to rent their property than an income tax compels me to be unemployed. Feels like the kind of lazy argument you'd lob up just to give your fellow rich people an opportunity to bail you out in a hyper undemo…

How would you feel if the government would tax you for being unemployed?

Like regular citizens around the globe that are taxed for any reason the government wants. Taxes were also used as a way to express the power of the mighty during most of the history, the original meaning of an income source for shared public services (aka "government") was long lost. If one thinks about universal oppression, discretionary taxes would be number one.
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