BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                        AB 668|
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                                   THIRD READING 


          Bill No:  AB 668
          Author:   Gomez (D)
          Amended:  9/1/15 in Senate
          Vote:     21  

           SENATE TRANS. & HOUSING COMMITTEE:  10-0, 6/23/15
           AYES:  Beall, Cannella, Allen, Bates, Gaines, Galgiani, Leyva,  
            Mendoza, Roth, Wieckowski
           NO VOTE RECORDED:  McGuire

           SENATE GOVERNANCE & FIN. COMMITTEE:  7-0, 7/8/15
           AYES:  Hertzberg, Nguyen, Beall, Hernandez, Lara, Moorlach,  
            Pavley

           SENATE APPROPRIATIONS COMMITTEE:  7-0, 8/27/15
           AYES:  Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen

           ASSEMBLY FLOOR:  79-0, 6/1/15 - See last page for vote

           SUBJECT:   Property taxation:  assessment:  affordable housing


          SOURCE:    Habitat for Humanity California

          DIGEST:   This bill adds to the list of enforceable use  
          restrictions affecting assessed land value by adding a contract  
          between a nonprofit corporation and a low-income homeowner as  
          long as certain conditions are met.

          Senate Floor Amendments of 9/1/15 resolve chaptering conflicts  
          with AB 1251 (Gomez).

          ANALYSIS:








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          Existing law:

          1)Limits the amount of property tax on real property to 1% of  
            full cash value.

          2)Requires property to be reassessed to current fair market  
            value whenever it is purchased, newly constructed, or when  
            ownership changes, and provides a rebuttable presumption that  
            the fair market value is the purchase price.

          3)Requires assessors, when assessing the value of land, to  
            consider the effect upon land value of any enforceable use  
            restrictions, including, but not limited to, the following:

             a)   Zoning restrictions.

             b)   Development controls in accordance with local coastal or  
               protection programs.

             c)   Statutory environmental constraints.

             d)   Hazardous waste land-use restrictions.

             e)   Recorded conservation, trail, or scenic easements.

             f)   Solar-use easements.

          This bill:

          1)Adds to the list of enforceable use restrictions affecting  
            assessed land value a contract where the following apply:

             a)   The contract is with a nonprofit corporation that has  
               received a welfare exemption for properties to be sold to  
               low-income families participating in a special no-interest  
               loan program.

             b)   The contract restricts the use of the land for at least  
               30 years to owner-occupied housing available at affordable  
               housing cost in accordance with existing law.

             c)   The contract includes a deed of trust on the property in  
               favor of the nonprofit corporation to ensure compliance  







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               with the terms of the program.

             d)   The local housing authority or equivalent agency has  
               made a finding that the long-term deed restrictions serve a  
               public purpose.

             e)   The contract is recorded and provided to the assessor.

          1)Includes chaptering amendments to resolve a conflict with AB  
            1251 (Gomez, 2015), should both bills pass and get enacted  
            into law.

          Comments
          
          Purpose.  According to the author, this bill is needed in order  
          to encourage consistency throughout the state and equity for  
          low-income homeowners to afford not only their mortgage  
          payments, but also their property tax bill.  Ultimately, this  
          bill will assist hardworking, low-income families to afford  
          their mortgage payments and increase people's access to  
          affordable housing and opportunities for homeownership in  
          California.

          What this bill does.  The California Constitution provides that  
          all property is taxable unless explicitly exempted by the  
          Constitution or federal law.  Further, the Constitution limits  
          the maximum amount of any ad valorem tax on real property at 1%  
          of full cash value and growth in the value of the property to 2%  
          per year.  Assessors reappraise property whenever it is newly  
          constructed, or when ownership changes.  To determine value, the  
          law effectively presumes that a property's purchase price in the  
          transaction is its full cash or fair-market value.  The law  
          further defines the purchase price to include the total  
          consideration provided by the purchaser, or on the purchaser's  
          behalf, valued in money, paid in money, or otherwise.  

          Assessors must consider enforceable restrictions, such as zoning  
          and environmental restrictions, when valuing property, and  
          subsequently estimate the value of the property based on its  
          legal uses allowed by the enforceable restriction.  Further, an  
          assessor must consider the value of an enforceable restriction  
          recorded by a governmental agency when valuing a property as  
          well as other types of restrictions.  While nonprofit  
          organizations record enforceable affordability contracts and  







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          deeds restrictions, the law does not explicitly require  
          assessors to consider these recorded contracts when determining  
          the property's assessed value.  Some county assessors deduct the  
          value of the restriction from the fair market value of the home,  
          and the Board of Equalization recommends that assessors estimate  
          the present economic value of the covenant, and then sum it with  
          the down payment and value of the mortgage.  The value  
          determines the property tax the new owners must pay, so the tax  
          effect of the difference between "fair market value" rather than  
          the "purchase price" can be significant.

          The sponsor of this bill, Habitat for Humanity California, works  
          with families who contribute sweat equity to the construction of  
          the home.  Habitat for Humanity attaches a covenant of  
          restrictions, sometimes known as a "silent second mortgage,"  
          secured by a deed of trust that limits any family purchasing the  
          home from reselling it so that the home remains affordable  
          should the initially selected family choose to move out.   
          Households that assume a mortgage from Habitat for Humanity are  
          restricted from spending more than 30% of their income on their  
          monthly mortgage, which includes property taxes, insurance,  
          homeowners association dues, and deferred maintenance.  The  
          family must agree to the covenant in order to buy the subsidized  
          home.  Because of the restriction on resale, the value of the  
          property to the owner is less than its value on the open market.  
           Assessment of the property at fair market value, without  
          consideration of the affordability covenant which limits the  
          resale price, increases the amount of the property taxes the  
          homeowner must pay, making the home less affordable for lower  
          income families. 

          Inconsistent application of current law.  According to this  
          bill's sponsor, assessors throughout the state vary the methods  
          of determining the assessed value of homes with recorded  
          contracts limiting the resale value.  Some consider the "fair  
          market price" of the home, while others take into consideration  
          the restrictions on resale and reduce the assessed value.  In  
          February of this year, the sponsor conducted a survey of 22  
          counties in California to determine how they assessed homes  
          built and financed by Habitat for Humanity.  The results  
          indicated an inconsistency in how different jurisdictions assess  
          the home value.  For example, in some areas, the assessed value  
          was based on whether or not city or county funds were involved  
          in the construction and in others was based on a verbal  







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          agreement with the local assessor.  This bill seeks to resolve  
          this inconsistency.

          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   Yes

          According to the Senate Appropriations Committee:

           Unknown, potentially significant loss of property tax revenues  
            related to reductions in assessed value for homes purchased  
            with certain restrictions imposed through a contract with a  
            nonprofit organization.  Approximately 50 percent of property  
            tax revenues statewide accrue to schools, which generally  
            offsets state General Fund obligations pursuant to Proposition  
            98.  Consequently, any reduction in the school share of  
            property tax revenues that are attributable to this bill's  
            impact on assessed values would result in a commensurate  
            increase in General Fund costs.  The General Fund impact would  
            increase annually as more homes are sold with contracted  
            restrictions that affect assessed values.

           The specific revenue loss would depend upon a number of  
            factors, including the number of applicable homes sold, the  
            impact of the contract restrictions on assessed value (the  
            difference between market value and restricted value), and the  
            behavior of individual assessors.


          SUPPORT:   (Verified9/2/15)


          Habitat for Humanity California (source)
          California Housing Consortium
          California Housing Partnership Corporation
          Non-Profit Housing Association of Northern California
          Sacramento Housing Alliance 


          OPPOSITION:   (Verified9/2/15)


          None received

          ASSEMBLY FLOOR:  79-0, 6/1/15







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          AYES:  Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom,  
            Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang,  
            Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle,  
            Daly, Dodd, Eggman, Frazier, Gallagher, Cristina Garcia,  
            Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray,  
            Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones,  
            Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low,  
            Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin,  
            Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea,  
            Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago,  
            Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber,  
            Wilk, Williams, Wood, Atkins
          NO VOTE RECORDED:  Beth Gaines

          Prepared by:Eric Thronson / T. & H. / (916) 651-4121
          9/2/15 18:47:04


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