BILL ANALYSIS Ó ------------------------------------------------------------ |SENATE RULES COMMITTEE | AB 1084| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ THIRD READING Bill No: AB 1084 Author: Davis (D) Amended: 8/30/11 in Senate Vote: 27 - Urgency SENATE VETERANS AFFAIRS COMMITTEE : 7-0, 6/28/11 AYES: Correa, Cannella, Berryhill, Calderon, Negrete McLeod, Rubio, Lieu NO VOTE RECORDED: Runner SENATE APPROPRIATIONS COMMITTEE : 9-0, 8/25/11 AYES: Kehoe, Walters, Alquist, Emmerson, Lieu, Pavley, Price, Runner, Steinberg ASSEMBLY FLOOR : 72-0, 5/23/11 - See last page for vote SUBJECT : Veterans farm and home purchases: shared equity cooperative housing SOURCE : California Association of Veteran Service Agencies DIGEST : This bill allows the Department of Veterans Affairs to fund a limited equity housing cooperative loan, through the California Veteran Home Loan Program and requires the fund transfer to take place within 30 days. ANALYSIS : Existing law: CONTINUED AB 1084 Page 2 1. Provides for farm and home purchase benefits for qualifying veterans under the Veterans' Farm and Home Purchase Act of 1943, and subsequent acts, which are collectively referred to as California Veteran Home Loan Program (CalVet). 2. Defines "'cooperative housing corporation"' for purposes of CalVet to mean a real estate development in which membership in the corporation, by stock, is coupled with the exclusive right to possess a portion of the real property. 3. Allows veterans to buy into a traditional co-op but not into a shared equity co-op. The California National Guard Members' Farm and Home Purchase Act of 1978, administered by the Department of Veterans Affairs (DVA), provides for farm and home purchase benefits for designated members of the California National Guard. The California National Guard Members' Revenue Bond Act of 1978 authorizes, and prescribes a procedure for, the issuance of debentures for home, farm, and mobilehome loans under the California National Guard Members' Farm and Home Purchase Act of 1978. The California National Guard Members' Revenue Bond Act of 1978 creates the California National Guard Members' Farm and Home Building Fund of 1978, and creates special accounts in that fund, including, but not limited to, the National Guard Members' Revenue Bond Revenue Account. This bill: 1. Expands the definition of "cooperative housing corporation" to include a shared equity cooperative. 2. Requires all moneys in the California National Guard Members' Farm and Home Building Fund of 1978 and in any account created in that fund that are not needed to meet revenue bond obligations to be deposited into the Veterans' Farm and Home Building Fund of 1943. 3. Requires any revenues that would have otherwise been CONTINUED AB 1084 Page 3 required to be deposited into the California National Guard Members' Farm and Home Building Fund of 1978, or any other account in that fund, to be deposited into the Veterans' Farm and Home Building Fund of 1943. 4. Appropriates all moneys deposited into the Veterans' Farm and Home Building Fund of 1943 pursuant to this bill to the department, and requires those moneys to be used by the department to make shared equity cooperative housing loans. 5. Repeals the California National Guard Members' Farm and Home Purchase Act of 1978 and the California National Guard Members' Revenue Bond Act of 1978, as provided. 6. Expands the definition of "home" to include a cooperative dwelling unit, as defined. 7. Defines property, except when used in the phrase "real property" or "personal property," as a farm or a home and also makes changes conforming to those definitions . 8. Authorizes the appraisement of the market value of the property to also be filed by an appraiser licensed or certified in this state. 9. Allows the department to require a higher amount than two percent of the selling price of the property as an initial payment, and authorizes the department to allow another form of security, other than a deed of trust, to secure a loan. 10.Authorizes the department to add the costs of a stock corporation's failure to pay, satisfy, discharge, settle, and compromise the taxes, assessments, charges, and encumbrances, and to insure buildings, improvements, and crops, and to do work necessary to keep the property in good order and repair to the selling price of the property and authorizes the department to seek repayment from the stock corporation for these costs. 11.Requires the department to allow a stock cooperative to cure any failure by a purchaser to comply with the terms of the purchase contract. CONTINUED AB 1084 Page 4 12.Requires that a purchaser's right to occupy the property under its contract with the department not be subject to consent or approval by the stock cooperative, and requires that a stock cooperative enter into an agreement directly with the department as a condition of taking title to a cooperative dwelling unit. Background The Veterans' Farm and Home Purchase Act of 1974 (Act) . Authorizes the DVA to assist veterans in acquiring homes and farms by generally providing that the department may purchase a farm or home which the department then sells to a purchaser, as defined. The Act includes in the definition of "home" a condominium, a mobilehome, and a residence with two or four units occupied by veterans and their families. The Act requires, before the purchase of any property by the DVA, that an appraisement of the market value of the property be filed with the department by an employee or authorized agent of the department, the Federal Housing Administration, or the Veteran's Administration. The Act requires the purchaser to make an initial payment of at least two percent of the selling price of the property and requires a loan to be secured by a deed of trust. The Act authorizes the department to pay, satisfy, discharge, settle, and compromise the taxes, assessments, charges, and encumbrances, and to insure buildings, improvements, and crops, and to do work necessary to keep the home or farm in good order and repair if the purchaser fails to do so. The Act also authorizes the department to add the costs of the purchaser's failure to act onto the selling price of the property and authorizes the department to seek repayment from the purchaser for these costs. The Act authorizes the department to cancel a contract, forfeiting all rights of the purchaser, if the purchaser does not comply with any terms of the purchase contract. CalVet . CalVet, operated by DVA, offers home loans to qualified veterans at competitive interest rates with a low or no down payment. Properties purchased with a CalVet loan must be owner-occupied and located in the state. Existing law defines "'cooperative housing corporation"' for purposes of CalVet to mean a real estate development in CONTINUED AB 1084 Page 5 which membership in the corporation, by stock, is coupled with the exclusive right to possess a portion of the real property. Co-op housing . Co-op housing is a form of home ownership in which a corporation owns residential property, typically a condominium style property. Owners purchase a share in the corporation, which gives them the right to occupy a particular unit owned by the corporation. A shared equity co-op is similar to a regular co-op except a portion of the corporation is owned by a non-profit who shares the unit with the buyer/homeowner. Purchase of the shared equity units is limited to defined low-income buyers, seniors, families, veterans, etc. When the homeowner sells, a portion of the equity gain is shared with the non-profit partner. Shared equity co-ops provide low income individuals and families the opportunity to become homeowners. Related Legislation AB 1330 (Salas), Chapter 524, Statutes of 2009, authorizes the DVA to establish a pilot project for a cooperative housing project, in which the DVA prescribes the rules, regulations, and conditions necessary to implement the pilot project. The bill requires that any cooperative housing project established pursuant to those provisions be restricted for use and occupancy by military veterans and their families for a period of at least 55 years. FISCAL EFFECT : Appropriation: Yes Fiscal Com.: Yes Local: No According to the Senate Appropriations Committee: Fiscal Impact (in thousands) Major Provisions 2011-12 2012-13 2013-14 Fund Share equity coops loans --- unknown, potentially significant --- Special* CONTINUED AB 1084 Page 6 Fund consolidation --------- approximately $5,400 --------- Special** --------- approximately ($5,400) --------- Special* *CalVet Home Loan Fund **Cal Guard Home Loan Fund SUPPORT : (Verified 8/29/11) California Association of Veteran Services Agencies (source) AMVETS, Department of California Associated Cooperatives and the Twin Pines Cooperative Foundation California State Commanders Veterans Council New Directions Swords to Plowshares United States Veterans Initiative Vietnam Veterans of California, Inc. Vietnam Veterans of San Diego ARGUMENTS IN SUPPORT : According to this bill's sponsor, the California Association of Veteran Service Agencies states "expanding CalVet to shared equity co-ops provides an additional path for low income veterans to become homeowners and a way for low income veterans and their families to become homeowners and expand the pool of safe, affordable low income housing." Swords of Plowshares writes, "An expanded definition of CALVET 'shred equity' co-op will provide an invaluable new path for low income veterans to and their families to achieve the dream of home ownership. With foreclosure rates at historic levels, wages stagnating, and housing costs spiraling, a 'shared equity' housing model provides a veteran home ownership opportunities that are not only affordable, but insulated from California's tumultuous real estate market. More so, this type of third sector housing ties ownership with a community based support system which can provide strength and stability for low income urban neighborhoods. Also, it assures affordable housing in gentrified areas where prices have spiked well above market value. Most importantly, 'share equity' ownership has CONTINUED AB 1084 Page 7 proven to offer a vital stepping stone in the path from low income housing to wealth building full market value ownership. Along with providing a veteran home ownership within their familial community, the passage of AB 1084 has shown to have only minor absorbable costs associated with its passage in addition to no representative impact fiscally, or on the General Fund." ASSEMBLY FLOOR : 72-0, 5/23/11 AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall, Bill Berryhill, Block, Blumenfield, Bonilla, Bradford, Brownley, Buchanan, Butler, Charles Calderon, Campos, Carter, Cedillo, Chesbro, Conway, Davis, Dickinson, Eng, Feuer, Fletcher, Fong, Fuentes, Furutani, Beth Gaines, Galgiani, Garrick, Gatto, Gordon, Grove, Hagman, Hall, Harkey, Hayashi, Roger Hernández, Hill, Huber, Hueso, Huffman, Jeffries, Jones, Logue, Bonnie Lowenthal, Mendoza, Miller, Mitchell, Monning, Morrell, Nestande, Nielsen, Norby, Olsen, Pan, Perea, V. Manuel Pérez, Portantino, Silva, Skinner, Smyth, Solorio, Swanson, Torres, Valadao, Wagner, Wieckowski, Williams, Yamada, John A. Pérez NO VOTE RECORDED: Cook, Donnelly, Gorell, Halderman, Knight, Lara, Ma, Mansoor RM:kc 8/29/11 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END **** CONTINUED