Former San Diego councilmember sues over empty home tax ballot measure

Former San Diego city councilmember Scott Sherman has filed a court petition seeking substantive changes to a proposed ballot measure that, if passed, would tax owners of additional homes that sit empty for more than half the year.

In the writ of mandate obtained by CBS 8, former mayoral candidate Sherman claims that San Diego City Attorney Heather Ferbert’s impartial analysis of Measure A, also known as the ‘Empty Homes Tax,’ is false and misleading. Sherman also named City Clerk Diana Fuentes for her capacity as the city’s elections officer.

In the legal challenge, Sherman’s attorneys argue that everything from the ballot title to the City Attorney’s analysis is flawed because there is no clear definition of an “empty home.”

“The subject homes are not necessarily ’empty’; rather, Measure A defines ’empty’ by the number of ‘vacant’ days, with ‘vacant’ undefined. This use of ’empty,’ with an artificial definition inconsistent with the plain meaning of ’empty,’ is both false and misleading,” reads the Writ of Mandate.

Sherman also claims that the city attorney’s summary is not a true and impartial statement of the measure’s purpose and will likely create voter prejudice, thus violating the city’s elections code.

According to the ballot measure, owners of so-called empty homes will be taxed $8,000 a year if they remain vacant for 182 days.  Doing so, reasoned councilmembers, could generate anywhere from $12 Million to $30 Million annually.

The millions in extra revenue would help fill next year’s widening budget gap, recently estimated at $120 million.

Councilmember Sean Elo-Rivera first introduced “Empty Second Home and Vacation Rental Tax” to the city’s Rules Committee in January. The majority of councilmembers on the committee opposed the proposal because it included vacation homes and would unfairly punish those whose income comes from rental properties.

Councilmember Elo-Rivera amended the proposal to tax the estimated 5,115 properties instead.

Sherman’s attorneys are asking for a judge to “forbid” the printing of the measure’s legal analysis and remove any mention of “empty” in the ballot measure.

CBS 8 reached out to the City Attorney’s Office for comment. The article will be updated with the office’s response.