Mercedes Shaffer, Realtor

When disaster strikes, we all want to help. But should the government have the right to volunteer the rental homes of private housing providers without their consent? This is the question at the heart of Los Angeles County’s recent decision to suspend Paragraph 3 of Section 1161 of the California Code of Civil Procedure, preventing property owners from evicting tenants who house individuals displaced by the fires. While I sympathize deeply with those who have lost their homes, this mandate forces housing providers to absorb significant burdens without compensation—an overreach that infringes on property rights.

As housing providers, we aren’t simply offering a roof over someone’s head; we are running a business—a noble and vital one. Yet time and again, from COVID-19 eviction moratoriums to this latest rule, the government expects us to shoulder society’s emergencies with little acknowledgment and no financial support.

LEADERS SHOULD LEAD BY EXAMPLE

Before the government volunteers the rental homes of housing providers, perhaps it’s time for the governor, the mayor of Los Angeles, and city council members to set an example. Let them open their own homes to fire victims and their pets, no matter the size, breed, or potential damage they may cause, as they are suggesting housing providers should do.

This would give them firsthand insight into the challenges we face—housing individuals outside the original terms of an agreement, dealing with potential property damage, and bearing unplanned financial strain. Only after such leadership is demonstrated should housing providers be asked to take on these responsibilities—and even then, only with proper compensation and respect for the rights of property owners.

FINANCIAL AND OPERATIONAL REALITIES

If the government mandates that housing providers allow tenants to break lease agreements to house fire victims, it must also recognize the financial and operational consequences. Wear and tear, property damage, and the administrative burdens of such changes are far from trivial.

Rather than shifting this responsibility onto housing providers, the government should utilize the substantial funds it has already collected—such as those from the controversial “mansion tax,” which imposes significant taxes on homes and commercial real estate sold over $5 million. These funds, originally marketed as a solution to the homelessness crisis, could be used to subsidize rents, compensate for damages, and ensure that housing providers are not left financially vulnerable.

The resources exist. The question is whether the government will choose to support housing providers fairly or continue to treat them as an unlimited resource for addressing crises.

A NOBLE BUSINESS DESERVES RESPECT

To be clear, this is not about refusing to help fire victims. Like everyone else, I want to support relief efforts. However, there is a fundamental difference between voluntarily offering help and being coerced into it through government mandates.

What I’m calling for is fairness, respect, and acknowledgment of the critical role housing providers play. Property ownership should not give the government a free pass to offload its responsibilities without compensation or consideration. Housing providers are private citizens and business operators—not public utilities—and their rights must be protected.

FINAL THOUGHTS

This latest government mandate is part of a troubling trend: the expectation that housing providers will absorb the fallout of every major crisis, from pandemics to natural disasters. This article is not about opposing aid for fire victims—it’s about eliminating government overreach, protecting property rights, and recognizing that housing is an essential business and that housing providers deserve to be treated with fairness and respect.

While today this only impacts housing providers in LA County, it sets a precedence for housing providers across CA, and government must do better. A collaborative approach—one that respects property rights, provides financial compensation, and treats housing providers as partners in addressing crises—is the only path forward. Let’s shift the narrative and ensure that those who provide housing are valued, not exploited.

To share your thoughts and opinions, feel free to contact me. Mercedes Shaffer is a multifamily real estate agent with REAL Broker, and If you have questions about buying, selling or doing a 1031 exchange, her team serves LA and Orange County and can be reached at 714.330.9999, InvestingInTheOC@gmail.com, or you can visit their website at InvestingInTheOC.com  DRE 02114448