BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     AB 668


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          Date of Hearing:  April 15, 2015


               ASSEMBLY COMMITTEE ON HOUSING AND COMMUNITY DEVELOPMENT


                                   Ed Chau, Chair


          AB 668  
          (Gomez) - As Amended March 26, 2015


          SUBJECT:  Property taxation:  assessment:  affordable housing


          SUMMARY:    This bill requires county assessors to consider a  
          recorded contract with a tax-exempt affordable housing nonprofit  
          corporation when valuing property for property tax assessment  
          purposes. Specifically, this bill: 


          1)Requires the nonprofit corporation to be organized as a 501  
            (c) (3) that has as its primary purpose the advancement of  
            affordable housing.


          2)Requires the recorded contract to restrict the use of the land  
            for at least 30 years at an affordable housing cost or  
            affordable rent at specified income limits. 


          3)Requires the state to reimburse local agencies and school  
            districts if the Commission on State Mandates determines that  
            this Act contains costs mandated by the state. 


          EXISTING LAW:  









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          1)Limits the maximum amount of any ad valorem tax on real  
            property at 1% of full cash value (California Constitution  
            Section One of Article XIII).  


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


          3)Defines "purchase price" as the total consideration provided  
            by the purchaser or on the purchaser's behalf, valued in  
            money, whether paid in money or otherwise.  


          4)Requires county assessors, when determining assessed  
            valuation, to consider the effect on property of the value of  
            any enforceable restrictions against the use of the land, such  
            as zoning, easements, environmental restrictions, and recorded  
            contracts with government agencies (Revenue and Taxation Code  
            Section 402.1).


          FISCAL EFFECT:  Unknown. 


          COMMENTS:  


           Background  :    


          The California Constitution provides that all property is  
          taxable unless explicitly exempted by the Constitution or  
          federal law.  The Constitution limits the maximum amount of any  
          ad valorem tax on real property at one percent of full cash  








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          value and growth in the value of the property to two percent 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.  Assessors  
          subsequently estimate the value of the property based on its  
          legal uses allowed by the enforceable restriction.


          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. Nonprofit  
          organizations record enforceable affordability contracts and  
          deeds restrictions. However, the law does not explicitly require  
          assessors to consider these recorded contracts when determining  
          the property's assessed value.  The law allows the assessor to  
          consider enforceable restrictions in addition to those specified  
          in existing law (Revenue and Taxation Code Section 4021.1).     
          Some county assessors deduct the value of the restriction from  
          the fair market value of the home, and the Board of Equalization  
          (BOE) 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.


           Habitat for Humanity model  :  


          The sponsor of this bill, Habitat for Humanity works with  
          families who contribute sweat equity to the construction of the  
          home. Habitat for Humanity attaches a covenant or restrictions  








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          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, HOA 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. 


           Inconsistency in application of law  :  


          Assessors throughout the state vary the methods of determining  
          the assessed value of homes with recorded contracts limiting the  
          resale.  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 agreement with the local assessor.       


           Purpose of the bill  :  


          According to the author, "this bill creates consistency  
          throughout the state by authorizing the county assessors, when  








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          determining the value of a property for tax purposes for  
          affordable housing sold to low-income families, to consider the  
          effect of the recorded contracts and deed restrictions on  
          affordability between the buyer and a nonprofit organization in  
          assessment of that land." 


          Arguments in opposition  : 


          The California Assessors' Association is opposed to AB 668 and  
          has raised several issues of concern with the bill.  "Section  
          402.5 of the Revenue and Taxation Code requires the assessor to  
          take into consideration the effect of enforceable governmental  
          restrictions' on a property's full cash value to substantially  
          reduce the assessed value of the property. This bill would  
          require a county assessor to consider a recorded contract with a  
          non-profit entity that restricts the use of the land for at  
          least 30 years for affordable housing or affordable rent, when  
          valuing the real property for property tax purposes. Currently  
          the meaning of 'enforceable restrictions' is limited to  
          government entities - and for good reason. Government entities  
          are in the best position to evaluate the overall benefit to the  
          entire community relative to the loss in property tax revenue.  
          Moreover, governmental restrictions are generally recorded,  
          discoverable, and provided to the assessor.  Private  
          restrictions, for which there are many variations, are not  
          readily discoverable."       


           Staff Comments:


           Under the existing provisions of the bill, any nonprofit could  
          record a contract against a property and the assessor would need  
          to consider it when determining the value of a property. The  
          committee may wish to consider narrowing the bill in the  
          following ways to limit the application to legitimate nonprofits  
          providing affordable housing.  








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          1)Limit the application of the bill to recorded contracts that  
            apply to owner-occupied, affordable homes; 
          2)Limit the application of the bill to 501 (c) 3 non-profit  
            organizations that have been approved by the BOE for a  
            "welfare exemption" for properties intended to be sold to  
            low-income families who participate in a special no-interest  
            loan program; and 
          3)Require a non-profit organization to have a silent deed of  
            trust on the property.



          Related legislation:  





          SB 499 (Wyland, 2013) which was identical to this bill was held  
          in the Senate Appropriations Committee.





          AB 793 (Strickland, 2007) would have excluded from the  
          calculation of purchase price the amount of any "silent second  
          mortgage" if payment is not required for at least 30 years. It  
          expressly provided that resale restrictions on homes purchased  
          through a program operated by a governmental agency must be  
          considered when determining property value. The bill would have  
          allowed resale price restrictions on homes purchased through a  
          program operated by a nonprofit organization to be treated as an  
          enforceable restriction that must be considered when determining  
          the property value. This bill was held in Senate Appropriations  
          Committee.   









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          REGISTERED SUPPORT / OPPOSITION:




          Support


          Habitat for Humanity (sponsor) 


          California Housing Consortium (CHC) 




          




          Opposition


          California Assessors' Association 




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













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