BILL ANALYSIS SB 813 Page 1 SENATE THIRD READING SB 813 (Kehoe) As Amended August 31, 2009 Majority vote SENATE VOTE :Vote not relevant HOUSING 4-2 APPROPRIATIONS 12-5 ----------------------------------------------------------------- |Ayes:|Torres, Eng, Ma, Saldana |Ayes:|De Leon, Ammiano, | | | | |Charles Calderon, Coto, | | | | |Davis, Fuentes, Hall, | | | | |John A. Perez, Skinner, | | | | |Solorio, Torlakson, Hill | | | | | | |-----+--------------------------+-----+--------------------------| |Nays:|Harkey, Knight |Nays:|Conway, Harkey, Miller, | | | | |Nielsen, Audra Strickland | ----------------------------------------------------------------- SUMMARY : Allows the Department of Housing & Community Development (HCD) to implement a special loan securitization program to make financial assistance provided for self-help housing through the CalHOME program, Building Equity and Growth in Neighborhoods (BEGIN), Home Investment Partnership Program (HOME), and the Joe Serna Jr. Farmworker Housing Grant (Joe Serna Grant) program as a deferred payment loan to be paid through an increase in the equity of the home. Specifically, this bill : 1)Allows HCD to offer a new special deferred payment loan to assist a homeowner in a mutual self-help housing program funded by one of the programs listed above that is due when the home is sold or transferred or is no longer owner occupied. 2)Makes a special deferred payment loan or Joe Serna grant repayable only from the increase in equity derived from difference between the appraised value at the time the deferred payment loan or grant is recorded against the property at the completion of construction and the appraised value at the time repayment is due. SB 813 Page 2 3)Provides that the amount of the special deferred payment loan or Joe Serna grant shall not affect the loan-to-value ratio of the first mortgage financing of the property at the time the HCD program loan and/or grant is made. 4)Provides that the amount of the special deferred payment loan or Joe Serna grant must not exceed the difference between the loan secured by the first deed of trust and the total development cost plus the amount of sweat equity of the self-help homeowner as approved by HCD. 5)If necessary to achieve the affordable housing cost to the homeowner required by the programs listed above and to qualify the homeowner for a first mortgage, HCD may approve loans or Joe Serna grants under the existing programs in addition to the deferred payment loan or Joe Serna grant. 6)Provides that any additional loans or Joe Serna grants required to achieve the housing cost in excess of the special deferred payment loan or Joe Serna grant required by the program shall be secured by the appraised value of the home and not only by any future increase in equity. 7)Allows HCD to implement the special grant and loan securitization programs through regulation not subject to review by the Office of Administrative Law after having at least one consultation with the program sponsors who receive and represent homeowners who benefit from the mutual self-help housing programs. 8)Applies the provisions of this bill to any unspent funds in an existing self-help housing contract providing funds from the programs listed above to a local government or nonprofit entity and any mortgage, grant or take out financing provided by one of the programs listed above. 9)Allows HCD to limit the use of the special loan securitization program in housing developments were the department has already made a financial commitment and to require concessions from a developer or a local government in order to permit future value securitization. 10) Gives HCD discretion in use of the special loan securitization program including establishing any necessary SB 813 Page 3 guidelines. 11) Provides a sunset of January 1, 2013. FISCAL EFFECT : Unknown, potentially significant loss in state housing bond funds, to the extent that the appreciation in home prices needed to ensure repayment of deferred payment loans does not materialize. One-time costs of about $120,000 to HCD to develop regulations and guidelines for the program. Ongoing costs of about $150,000 annually to monitor new loan and grant programs. COMMENTS : Over the last 40 years, mutual self-help housing has provided homeownership opportunities to low-income families. In the self-help housing model, individual families or in some cases groups of families, contribute 30-40 hours per week of sweat equity to the construction of their homes. The sweat equity serves as their down payment for the home. Typically, the mortgage or take-out financing is provided through a combination of a USDA or CalHFA loan and HCD deferred payment loan and grant programs -- CalHOME, BEGIN, HOME and the Joe Serna Grant Program -- with below market interest rates. Through the CalHOME, BEGIN, HOME and Joe Serna Program, the state provides soft secondary financing which does not require a monthly or regular mortgage payment. All are due-on -sale deferred payments loans or grants that are forgiven over time. In the case of CalHOME, BEGIN and HOME, HCD distributes the funds to local governments or non-profits which provide the loans and receive repayment once the home is sold. Under the Joe Serna Jr. Grant Program HCD receives repayments directly. Serna grants are forgiven by ten percent each year after the recipient has maintained residency for 10 years, with full forgiveness in 20 years. On average, families that use the self-help programs maintain ownership of their homes for 10 to 20 years. State funds can be provided as either upfront construction or land purchase financing or take-out long-term mortgage financing for a self-help housing project. All the state programs provide less than half of the financing for a home and on average between 20% and 35%. The loans and grants provided by the state are secondary financing sources which are subordinate to the first mortgage on the property. Most programs are capped on SB 813 Page 4 maximum assistance for example, CalHOME is capped at $60,000 and BEGIN is $30,000 or 20 percent of the value of the home whichever is less. All of these programs provide gap financing which means that there is a means test on each borrower to ensure they are getting the maximum primary mortgage financing they can afford but no more than they need. One of the purposes of the state's funding is to help lower the amortized loan on the property to reduce the monthly payment to an affordable level for the homeowner. This also improves the security of the first mortgage lender because there is a lower loan to value ratio and a better ability for the borrower to meet payment obligations. Purpose of the bill: Self-help housing programs have been successful, in part, due to the labor contributed by the homebuyers which allows their "sweat equity" to replace some labor costs which otherwise must be repaid in the mortgage loan or come from a down payment. Until the recent precipitous drop in home prices, families could count on some amount of sweat equity upon completion of the building process which equated to the difference between the appraised value of the new home minus the development cost and lenders could rely on the property value being high enough to more than cover the take out financing. However, the downturn in the real estate market has resulted in low appraised values, so that the actual costs of the home including land, public fees and construction, exceed the current appraised value in many areas; thus, the mortgage loan to take out construction costs must be higher than the appraised value. In some communities, foreclosed properties are used as comparable properties in the appraisal which further reduces the final appraised value of a self-help home. This bill would permit, for four years, the special loans and grants from certain state programs (CalHOME, BEGIN, HOME and Joe Serna Grant) to be secured against future increase in value so that the special loan or grant would make no claim on the current value of the home. Loans or grants would be repaid only from any increases in valuation that might occur when the home is sold in the future. These programs currently provide deferred payment subordinate loans and grants to first-time home buyers which are due when the home is sold or is no longer owner occupied, and this form of lending would continue under the current proposal if necessary to achieve affordable monthly payments. The repayment obligation of the loans or grants would SB 813 Page 5 not have to be revised since they currently defer repayment obligations until a time when values increase. This provision would apply only to that portion of lending required to reduce all loans and grants not to exceed appraised value amounts. Any additional loan or grant required to reduce the overall monthly housing costs would be secured in the present manner against the existing appraised value. Shared equity proposal: Once a self-help house is completed the home must be permanently financed with a mortgage. Generally this permanent financing is provided by USDA which can loan up to $100,000 with a low interest rate. In a healthy real estate market, the home would appraise for the cost of the land, fees, and the cost of construction of the structure and for enough to cover the sweat equity the homeowner invested in the construction of the home which is on average between $10,000 and $20,000. There would also be enough value to secure the additional state loan or grant against the appraised value while still maintaining a low enough first mortgage to keep the monthly payment affordable for the homeowner. However, in the current real estate market, self-homes are not appraising for the cost of the land, construction, the homeowners sweat equity as well as the state's loans. As a result many of these projects have come to a standstill even though the nonprofits have purchased land for construction and households are waiting for the opportunity to build their homes. Since it is uncertain when the real estate market will rebound the author and the sponsors of mutual- self help housing programs, which utilize state funding for their programs, have proposed a shared-equity repayment formula which would allow the projects to continue. This bill proposes to allow HCD to provide special deferred the loan or grant that is currently allowed for state programs that provide financing to mutual self-help programs, but require that it be repaid only by the appreciation of the home between the time the loan is recorded and the time it is sold. The amount of the deferred payment loan would be the amount of the loan for the first deed of trust minus the total development cost including and the owners sweat equity as determined by HCD. If there is enough equity in the home after the first mortgage and the sweat equity have been financed then a portion of the deferred payment loan can be secured against the equity and the remaining amount would be payable out of any increase in equity in the future. SB 813 Page 6 Analysis Prepared by : Lisa Engel / H. & C.D. / (916) 319-2085 FN: 0002656