East Lansing Proposal 1

If passed by voters, East Lansing Proposal 1 will amend our City Charter—the equivalent of our City’s Constitution.

The petition language for EL Proposal 1 consisted of seven paragraphs. The ballot language is shorter, and only summarizes the language to be added. The first sentence of both includes the most concerning language, and states:

The City shall not restrict in any way relationships of persons living together as a household or residing in the home, or interfere with the rights of owners to live with persons of their choice, as long as such persons are not rent-paying tenants.

The proponents of EL Proposal 1 claim that this paragraph simply says that the City can’t restrict who lives in a property, “as long as such persons are not rent-paying tenants.” In other words, they claim as long as “rent” is not changing hands, the City can’t be involved. They also say that if passed, EL Proposal 1 won’t affect the overlays or the current rental ordinances that keep rentals and renters safe.

But this ignores the “or” that separates the first and second clauses of the paragraph, and that the “rent paying tenants” limitation really only modifies the second clause. Turning to the first clause: if the City cannot “restrict in any way” who lives together, then it doesn’t matter whether or how rent is paid. If the City cannot “restrict in any way” who lives together, many of the City’s zoning ordinances would be gutted, including the overlay ordinances and all the regulations that keep rentals safe for the people who live in them. 

Which interpretation is correct?  At best, EL Proposal 1 will create a loophole where tenants don’t pay money “rent” but instead pay utilities or other costs of owning a home in return for living in unregulated and possibly unsafe spaces. At worst, EL Proposal 1 will overturn all the city’s rental regulations, including the overlay ordinances that protect our neighborhoods. But either way, if EL Proposal 1 passes, it will take years of costly litigation to determine what the language means. Bottom line? The courts will decide the issue for us. 

But is there a different path forward? In August 2024, the City Council introduced and referred a new housing ordinance, Ordinance 1538, to the Housing Commission. This new ordinance keeps  the flexibility and progressive definitions in our existing Code, and will preserve the overlays and our other rental restrictions. It also adds some important updates—including an “exceptional circumstances” provision, for situations that fall outside of the Code. The new ordinance also organizes all the relevant provisions in one place, which makes it easier to read and understand. For more, see our City’s response page.

If we defeat EL Proposal 1, this new Ordinance will be considered and thoroughly vetted by the community, which is the way zoning ordinances should be enacted—not by amending our City’s Constitution through the ballot box.