BILL ANALYSIS SB 454 Page 1 Date of Hearing: June 16, 2010 ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT Cameron Smyth, Chair SB 454 (Lowenthal) - As Amended: May 27, 2010 SENATE VOTE : 34-0 SUBJECT : Land use: zoning regulations. SUMMARY : Makes permanent three sections of law pertaining to notification requirements for owners of affordable housing by repealing sunset dates, revises the contents of what the owner of an assisted housing development must include in the statement giving notice of the opportunity to purchase, and creates an exemption from notification requirements in specific instances. Specifically, this bill : 1)Repeals the January 1, 2011, sunset date in current law that: a) Requires affordable housing owners to provide notice to tenants and governmental entities before converting a property to market-rate apartments; b) Requires affordable housing owners to first provide general notice to tenants, local and state governments, and potential preservation purchasers at least 12 months prior to conversion; and, c) Contains an exemption from noticing requirements if specified conditions are contained in a regulatory agreement recorded against the property. 2)Revises the contents of the initial notice of a bona fide opportunity to submit an offer to purchase to include a statement that addresses all of the following: a) Whether the owner intends to maintain the current number of affordable units and level of affordability; b) Whether the owner has an interest in selling the property; and, c) Whether the owner has executed a contract or agreement SB 454 Page 2 of at least five years' duration with a public entity to continue or replace subsidies to the property and to maintain an equal or greater number of units at an equal or deeper level of affordability, and, if so, the length of the contract or agreement. 3)Exempts, from specified financial disclosure requirements, those developments with 25% or less of the units on the property subject to affordability restrictions or a rent or mortgage subsidy contract. 4)Allows a corporation or a public entity to share information obtained on the financial disclosure statement with other prospective purchasers. 5)Provides that a corporation or public entity that shares information shall not be required to sign a confidentiality agreement as a condition of receiving or sharing this information, providing that the information is used for the purpose of attempting to preserve the affordability of the property. EXISTING LAW : 1)Contains specific requirements for owners of affordable housing to provide notification to tenants, governmental entities and potential purchasers before converting a property to market-rate housing. 2)Provides for a list of entities that must be notified by an owner of an assisted housing development of an opportunity to purchase including the tenant association of the development, local nonprofit organizations and public agencies, regional or national nonprofit organizations and regional or national public agencies, profit-motivated organizations or individuals. 3)Provides that the initial notice of a bona fide opportunity to submit an offer to purchase shall contain all of the following: a) A statement that the owner will make available to each of the types of entities listed above, within 15 business days of receiving a request therefore, the terms of assumable financing, if any, the terms of the subsidy SB 454 Page 3 contract, if any; and proposed improvements to the property to be made by the owner in connection with the sale, if any; b) A statement that each of the types of entities listed above has the right to purchase the development; c) A statement that the owner will make available to each of the types of entities listed above, within 15 business days of receiving a request therefore, itemized lists of monthly operating expenses, capital improvements as determined by the owner made within each of the two preceding calendar years, the amount of project reserves, and copies of the two most recent financial and physical inspection reports on the development, if any, filed with federal, state, or local agencies; and, d) A statement that the owner will make available to each of the entities listed above, within 15 business days of a request therefore, the most recent rent roll listing the rent paid for each unit and the subsidy, if any, paid by a governmental agency as of the date the notice of intent, and a statement of the vacancy rate at the development for each of the two preceding calendar years. FISCAL EFFECT : According to the Senate Appropriations Committee, SB 454 contains absorbable costs for the Department of Housing and Community Development on a prospective basis to approve notice forms, and compile and maintain lists of preservation purchasers. COMMENTS : 1)Since the 1960s, developers have constructed at least 425,000 units of affordable rental housing in California with the assistance of federal, state, and local subsidies that require owners to maintain rents at affordable levels for specific periods of time. The affordability restrictions on these units typically last 30 to 55 years, depending on the program. Once affordability obligations expire, an owner may preserve the affordability of the units by renewing assistance or by SB 454 Page 4 refinancing with new public subsidies, or the owner may convert the units to market rate housing. 2)In order to facilitate the preservation of at-risk affordable housing, current law requires that owners first provide general notice to tenants, local and state governments, and potential preservation purchases (potential purchasers that may want to purchase the development in order to preserve the affordability restrictions) at least 12 months prior to conversion. During the one-year notice period, current law also provides preservation purchasers with limited priority to purchase the property if the owner is inclined to sell. During the first six months, the owner is not required to accept any offer to sell, but may only accept offers from preservation purchasers. If the owner rejects an offer during this time, the owner must give the preservation purchaser who made the offer an opportunity to match and pre-empt any offer from a non-preservation purchaser accepted during the second six-month time period. 3)SB 454 deletes the January 1, 2011, sunset date contained in three sections of law dealing with notification requirements for owners of affordable housing. One section of law, Government Code Section 65863.11, which specifies the requirements of affordable housing owners to notify tenants, local and state governments, and potential preservation purchasers at least 12 months prior to conversion, has been in existence since 1990 and has had the sunset date extended several times over the last 20 years. The other two sections of law contained in this bill, Government Code Sections 65863.10 and 65863.13, were added to the Government Code in 1998 and 2001, respectively. Amendments to the bill taken on May 27, 2010, also restructure the section of law that lists what an owner must include on the statement of "initial notice of a bona fide opportunity to submit on offer to purchase" and exempts developments with 25% or less affordable units from this financial disclosure requirement. The recent amendments also allow a corporation or a public entity to share information that is compiled from these financial disclosure requirements with prospective purchases without the requirement to sign a confidentiality agreement as long as the information is used for the purpose of attempting to preserve the affordability of the property. The amendments address concerns raised by the California SB 454 Page 5 Apartment Association. 4)The preservation of existing affordable units is important to cities and counties. Under current law, the Department of Housing and Community Development (HCD) is required to allocate the region's share of the statewide housing need to Councils of Governments (COGs) based on Department of Finance population projections and regional population forecasts used in preparing regional transportation plans. The COG develops a Regional Housing Need Plan which allocates the region's share of the statewide housing need to cities and counties within the region. The Regional Housing Need Allocation (RHNA) is a minimum projection of additional housing units needed by a jurisdiction - a city or county - to accommodate projected household growth of all income levels by the end of the housing element's statutory planning period. While cities and counties are required to plan for the additional housing units needed, including those units that are affordable to very low- and low-income levels, local governments also have a vested interest in maintaining the existing stock of affordable units, and the provisions of SB 454 assist local governments in doing this. 5)Support Arguments : Supporters argue that eliminating the sunsets will ensure that the state and local governments and affordable housing developers have both the information and the opportunity to preserve current and future projects when they become eligible to convert to market-rate housing. Also, the noticing requirements ensure that tenants are informed of how they will be affected if the property does convert to market rate. According to the City of Los Angeles, the "State Notification Law" has been an effective and critical tool in ensuring the preservation of hundreds of rental assisted housing units in Los Angeles, and implementation of this law has "enabled the City to develop a preservation strategy that utilizes this law to enforce the notification requirements and helps to bring willing sellers and preservation buyers together to facilitate the preservation of the existing affordable housing stock." Opposition Arguments : Staff notes that there is no registered opposition to SB 454; however, property rights advocates may SB 454 Page 6 have concerns about the existing notification requirements for owners contained in current law. The Committee may wish to consider the policy of whether an owner should have the option to convert to market-rate units as long as the owner has fulfilled all contractual obligations. Additionally, the Committee may wish to consider the policy of deleting sunset dates and thereby creating permanent statutes. On one hand, needing to introduce legislation every few years to extend a sunset date may not be an efficient use of legislative resources, but on the other hand, statutes with sunset dates allow for periodic oversight by legislators and staff on the implementation and effectiveness of those statutes. 6)This bill is double-referred to the Committee on Housing and Community Development. REGISTERED SUPPORT / OPPOSITION : Support California Coalition for Rural Housing [CO-SPONSOR] California Rural Legal Assistance Foundation [CO-SPONSOR] California Apartment Association California Housing Partnership Corporation City of Los Angeles Western Center on Law and Poverty Opposition None on file Analysis Prepared by : Debbie Michel / L. GOV. / (916) 319-3958