Opinion: Californians should be skeptical of creating a ‘right to housing’ in the state constitution
California voters may soon have to decide whether to enshrine a “right to housing” in the state constitution.“The state hereby recognizes the fundamental human right to adequate housing for everyone in California.
At its most superficial level, if the law merely states that everyone should have a roof over their head, there’s little debate over that self-evident proposition. But the real question is whether this somehow creates an enforceable obligation for government to provide housing to all who want it. In other words, would this amendment create a “private right of action,” a question which lawyers frequently confront when interpreting statutes or constitutional amendments.
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