San Diego[Ca] Non-Primary Home Tax Takes The Use Of Home From 70 Year Old Disabled Veteran
Should San Diego Be Able To Take The Use Of My Home Of 36 Years From Me? Given The San Francisco Superior Cort Found The Empty Homes Tax Unconstitutional and Illegal by the 5th Amendment "Takings Clause" and the California Ellis Act?
History
My Non-Primary Home has been used by my family for 36 years. It was my Primary Home when I bought it 36 years ago. Then it was my son’s Primary Home when he started his family. And finally, I planned on it being my Grandson’s Primary Home when he starts his family. Ultimately, I would like to leave it to my Grandson as his inheritance.
I have paid Property Taxes on my Non-Primary Home for 36 years. In addition, I currently pay roughly $100 a month in fees for water and trash services I do not use.
Over the 36 years I have owned my Non-Primary Home, when not being used by my family, I have rented it to various tenants. The last tenant left me with damages of $50,000 to restore my Non-Primary Home. This restoration was a complete loss I will not be able to afford again.
Upon completion of the $50,000 restoration, I attempted to rent my Non-Primary Home. When directed to Rentspree to fill out an application and credit report I never heard back from most prospective tenants. The ones I did hear back from were verbally abusive. I was threatened physically, and subjected to racial slurs.
I was, and still am, in poor health recovering from multiple surgeries. The stress of dealing with prospective tenants was further aggravating my health. I was in need of a space that afforded me the following Religious Usage and I decided to forgo renting my Non-Primary Home for this usage.
Current Religious Usage
I occupy my Non-Primary home throughout the week. The Living Room, Dining Room, Kitchen and all Bedrooms are fully furnished. I.E. Pots, pans, food, furniture and clothes. My Home’s exterior and yard are easily the best maintained on the cul-de-sac.
I am an Ordained Minister and a Certified Master Reiki Healer. One bedroom in my Non-Primary Home is set up as a sacred space for Healing and Prayer with a single family member or friend.
I am a registered Yoga Alliance ERYT-500 Yoga Instructor. I provide yoga instruction for a single family member or friend who require individual instruction. One bedroom is set up for this instruction. I also do my own yoga practice in this space.
I do not charge for these non-business activities. Religious Meetings and Yoga Practices are both protected by the First Amendment’s Free Exercise Clause. There is no undue traffic at my Non-Primary Home due to these activities. I only provide these services 2-3 times throughout the week for single individuals. My Non-Primary Home has 4 off street parking spaces.
There is no space at my Primary Home for these activities.
The Non-Primary Homes Penalty Will Result In The Following “Takings” The Use Of My Home
1. I will be forced to rent my Non-Primary Home and share my personal belongings with strangers or dispose of my personal belongings to be exempt from the Penalty. I will be denied the use of my own Home of 36 years.
In addition, I will be required to pay, at a minimum, of 2 to 3 times the tenants rent as relocation costs to reclaim it for Grandson’s use. (If this is even possible under San Diego’s Severe Anti-Landlord Regulations). This minimum relocation cost forces me to allow a tenant to live rent free in my property for 2 to 3 months. I am 70 years old, disabled, in poor health, and do not want to navigate these regulations at my age and health.
2. I will be forced to pay an $8000 annual penalty to use my own Home. A Home my family has used and I have paid taxes on for 36 years. An $8000 penalty for using my own home is over 4 times my normal Property Taxes. I am on a limited income and will not be able to afford this.
3. I will be forced to sell my Non-Primary Home. I do not want to sell my Non-Primary Home that has been in my family for 36 years. The cost of doing so is prohibitive. In addition, my long-term goal is to leave my Non-Primary Home to my Grandson as inheritance.
All three of the above options effectively take the use of my own home from me.