Attorney General Sides with Caltrans Tenants and Portantino
on Affordable Housing Laws

FOR IMMEDIATE RELEASE

January 6, 2010
CONTACT: Michael Tamariz
(916) 319-2044

Sacramento, CA – California Attorney General Jerry Brown has determined that the sale of properties owned by
the California Department of Transportation (Caltrans) within the corridor of the proposed 710 extension would
not be in violation of the State Constitution if they were sold as low- or moderate-income housing.
In the official opinion, which resulted from a request by Assemblymember Anthony J. Portantino (D- La Cañada
Flintridge), Brown concludes that the “below market sales or rentals of such properties are constitutionally
permissible… if the property qualifies as ‘surplus residential property’ under the affordable-housing legislation
known as the Roberti Law.”
Upon its passage, the Roberti Law established that priority for sale of the Caltrans homes in the proposed 710
corridor would be as follows: 1) the original home owner, if they still reside in the home; 2) low- or moderate-
income tenants who have lived in the homes for at least two years; 3. tenants who have lived in the homes for at
least five years and make less than 150% of the area median income.
“The Attorney General’s opinion serves as a major victory for proponents of selling these homes,” said Portantino.
“After more than 30 years of Caltrans ownership, it is time to take these homes off of a map at Caltrans
headquarters and put them back into the hands of residents in our community.”
Coming after two and a half years of legal review, the Attorney General’s opinion is in line with views held by
affordable housing advocates, as well as a previous opinion issued by the Legislature’s Office of Legislative
Counsel.
“Time and time again, assertions that Roberti is unconstitutional are rebuked by legal experts,” added Portantino.
“If sold today, these homes are estimated to raise $400 million for transportation projects and increase local
revenues by $4.5 million a year. In light of the current budget crisis, it is time for Caltrans to accept the law’s
constitutionality and move forward with the timely sale of these long held residences.”