BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      AB 90


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          Date of Hearing:  April 15, 2015


               ASSEMBLY COMMITTEE ON HOUSING AND COMMUNITY DEVELOPMENT


                                   Ed Chau, Chair


          AB  
                         90 (Chau) - As Amended  April 6, 2015


          SUBJECT:  Federal Housing Trust Fund.


          SUMMARY:  Designates the Department of Housing and Community  
          Development (HCD) as the agency responsible for administering  
          the federal Housing Trust Fund (HTF).  Specifically, this bill:   



          1)Requires HCD to administer the HTF funds through programs that  
            produce, rehabilitate, or support the operation of rental  
            housing for extremely low- and very low-income households.



          2)Allows up to 10% of the HTF funds to be used to support  
            first-time homeownership for extremely low- and very  
            low-income households. 



          3)Requires that any project funded from the federal HTF must be  
            restricted to fifty-five years affordability. 



          4)Requires HCD, in collaboration with the California Housing  
            Finance Agency (CalHFA), to develop an allocation plan to show  
            how the HTF funds will be spent based on the priority needs  








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            identified in the state's consolidated plan.
             


          5)Requires HCD to submit the allocation plan to the Assembly  
            Committee on Housing and Community Development and the Senate  
            Committee on Transportation and Housing thirty days prior to  
            receiving the HTF funds.



          6)Requires the allocation plan to give priority to projects  
            based on the following:
             a)   Geographic diversity;



             b)   The extent to which rents are affordable, especially to  
               low-income households;



             c)   The merits of a project;



             d)   Applicants readiness; and 



             e)   The extent to which projects will use nonfederal funds.



          1)Requires HCD to convene a stakeholder process to inform the  
            allocation plan and to include organizations that provide  
            rental housing to extremely low- and very low-income  
            households or assist extremely low- and very low-income  
            households to become homeowners. 
          EXISTING LAW:  Federal law defines extremely low-income  
          households as households with incomes between zero and 30% of  
          area median income and very low-income families' incomes as  








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          between 30% and 50% of area median income. 


          FISCAL EFFECT:  Unknown. 


          COMMENTS:  


           Background  : 


           The Public Policy Institute of California has identified that  
          more than 36% of mortgaged homeowners and 47% of all renters are  
          spending more than 35% of their household incomes on housing. In  
          California we have about 134,000 homeless people living in our  
          streets, parks, alleys, and freeway off-ramps. At the same time  
          vacancy rates are low and rents are increasing.  


          According to the U.S. Department of Housing and Urban  
          Development, California has six of the most expensive rental  
          markets in the country. Nationwide, rents in 2014 grew the  
          fastest in the San Jose and San Francisco metropolitan areas,  
          increasing by 14.4% and 13.5%, respectively.  Between 2006 and  
          2011, rents increased throughout the state by an average of ten  
          percent. Lower-income households represent a majority of renter  
          households. Out of 5.1 million renters in California, 60% are in  
          lower-income households, while one in four renter households are  
          in the extremely low-income. One in two renters in California  
          pay in excess of 30% of their income towards housing and one in  
          four renters pay half of their income towards housing.


          The funding sources to support construction of affordable  
          housing have drastically diminished over the last five years.  
          The dissolution of redevelopment agencies eliminated up to $1  
          billion in funding that was available for affordable housing  
          construction.  The last statewide housing bond was approved in  
          2008 and the proceeds of those bonds have been exhausted.   
           
           The Federal Housing Trust Fund  :  








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          The Housing and Economic Recovery Act (HERA) of 2008 directed  
          Fannie Mae and Freddie Mac to set aside 0.042% of new business  
          for the federal HTF. Sixty-five percent was directed to the  
          federal HTF and 35% to the Capital Magnet Fund. Before the funds  
          could be directed toward the HTF, the banking and foreclosure  
          crisis hit and funding for the program was put on hold. In  
          December of last year, the Federal Housing Finance Agency lifted  
          the suspension of funding and directed Fannie Mae and Freddie  
          Mac to set aside funds for the HTF starting on January 1, 2015.  
          It is anticipated that funds may be allocated as soon as the  
          summer of 2016. 

          The HTF is a permanent federal funding source for affordable  
          housing and the funds must be used to produce, preserve,  
          rehabilitate, or support the operation of rental housing for  
          extremely low- and very low-income families, including homeless  
          families, and for homeownership for extremely low- and very  
          low-income families.  Ninety percent of funding from the HTF  
          must be used toward rental housing and up to 10% may be used  
          toward homeownership. Additionally, seventy-five percent of  
          funding must go toward extremely low-income families. Further,  
          when there is only $1 billion available in the federal HTF then  
          100% of the funds must be used to benefit extremely low-income  
          households. 

          Based on estimates, for every $250,000 that is generated for the  
          HTF, approximately $30 million will be allocated to California.  
          Federal guidelines require that the HTF be distributed to states  
          by a formula based on: 

                 Shortage and availability of rental housing for  
               extremely-low income families and very-low income families;

                 Number of extremely low- and very low-income families  
               who are severely rent burdened or pay more than 50% of  
               their income toward rent and utilities.

           Purpose of the bill  : 

          Each state is required to choose a state agency to administer  
          the HTF. AB 90 establishes HCD as that agency and requires the  








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          department to develop a plan for how the funds will be spent.   
          The federal guidelines require states to develop an allocation  
          plan each year to show how the HTF will be distributed in the  
          coming year. The allocation plan must be based on the priority  
          needs identified in the state's consolidated plan.  AB 90 aligns  
          with the federal requirements to develop an allocation plan for  
          how the fund will be allocated each year. 

           Support unless amended  : 

          Habitat for Humanity supports the overall direction of AB 90,  
          however they request that up to 10% of funds go to the CalHome  
          Program. According to Habitat for Humanity, "after redevelopment  
          agencies dissolved, CalHome became the primary source of state  
          funding for Habitat for Humanity affiliates throughout the  
          state. It provides grants to local public agencies or nonprofit  
          corporations for first-time homebuyers, down payment assistance,  
          and self-help homeownership."  CalHome was funded by the two  
          previous state voter-approved bonds but those fund are  
          exhausted.     
          


          REGISTERED SUPPORT / OPPOSITION:


          Support


          Bridge Housing


          California Building Industry (CBIA)


          California Infill Builders Federation


          California Housing Consortium


          California Rural Legal Assistance Foundation 








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          Habitat for Humanity


          Highridge Costa Housing Partners, LLC


          Highridge Costa Investors, LLC


          Housing California


          Leading Age California


          National Association of Social Workers California Chapter  
          (NASW-CA)


          Non-Profit Housing Association of Northern California (NPH)


          San Diego County Apartment Association (SDCAA)


          Western Center on Law and Poverty




          Opposition


          None on file


          Analysis Prepared  
          by:              Lisa Engel/H. & C.D./(916) 319-2085










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