BILL ANALYSIS                                                                                                                                                                                                    Ó



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          ASSEMBLY THIRD READING


          AB  
          668 (Gomez)


          As Amended  May 5, 2015


          Majority vote


           ------------------------------------------------------------------- 
          |Committee       |Votes |Ayes                 |Noes                 |
          |                |      |                     |                     |
          |                |      |                     |                     |
          |----------------+------+---------------------+---------------------|
          |Housing         |6-0   |Chau, Steinorth,     |                     |
          |                |      |Burke, Chiu, Lopez,  |                     |
          |                |      |Mullin               |                     |
          |                |      |                     |                     |
          |----------------+------+---------------------+---------------------|
          |Revenue &       |9-0   |Ting, Brough,        |                     |
          |Taxation        |      |Dababneh, Gipson,    |                     |
          |                |      |Roger Hernández,     |                     |
          |                |      |Mullin, Patterson,   |                     |
          |                |      |Quirk, Wagner        |                     |
          |                |      |                     |                     |
          |----------------+------+---------------------+---------------------|
          |Appropriations  |15-0  |Gomez, Bigelow,      |                     |
          |                |      |Bloom, Bonta,        |                     |
          |                |      |Calderon, Chang,     |                     |
          |                |      |Eggman, Gallagher,   |                     |
          |                |      |                     |                     |
          |                |      |                     |                     |
          |                |      |Eduardo Garcia,      |                     |
          |                |      |Holden, Quirk,       |                     |
          |                |      |Rendon, Wagner,      |                     |








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          |                |      |Weber, Wood          |                     |
          |                |      |                     |                     |
          |                |      |                     |                     |
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          SUMMARY:    This bill requires county assessors to consider a  
          recorded contract with a tax-exempt non-profit corporation when  
          valuing property for property tax assessment purposes.   
          Specifically, this bill: 
          1)Requires county assessors to consider contracts that meet the  
            following requirements:
             a)   The contract is with a non-profit corporation organized as  
               a 501(c)(3) that has received a welfare exemption under  
               Revenue and Taxation Code Section 214.15 for properties  
               intended to be sold to low-income families who participate in  
               a special no-interest loan program;
             b)   The contract restricts the use of the land for 30 years to  
               owner-occupied housing available at an affordable cost;


             c)   The contract includes a deed of trust on the property in  
               favor of the nonprofit corporation to ensure compliance with  
               the terms of the program, which has no value unless the owner  
               fails to comply with the covenants and restrictions of the  
               terms of the home sale;


             d)   The local housing authority or an equivalent agency, or,  
               if none exists, the city attorney or county counsel, has made  
               a finding that the long-term deed restrictions in the  
               contract serve a public purpose; and 


             e)   The contract is recorded.


          1)Requires the state to reimburse local agencies and school  
            districts if the Commission on State Mandates determines that  








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            this bill contains costs mandated by the state. 
          FISCAL EFFECT:  According to the Assembly Appropriations  
          Committee, unknown reduction in property tax receipts, resulting  
          in General Fund costs to reimburse counties under the Proposition  
          98 (1988) funding guarantee.


          For example, assuming the average Habitat for Humanity homebuyer  
          earns $33,600 (55% of the 2014 median household income in  
          California, the mid-point of Habitat's eligibility scale), and  
          pays one-third of that income towards a mortgage, that buyer could  
          probably afford a mortgage of approximately $190,000.  Further  
          assuming the median home price in California for a three bedroom  
          home is approximately $420,000, the difference in assessed value  
          would be $230,000 if the county assessor assessed the value at  
          what the Habitat for Humanity homeowner effectively paid.


          Habitat for Humanity estimates there are approximately 25 homes  
          built per year that would be affected by this bill.  Assuming the  
          difference in assessed value in the above example, this bill would  
          result in a reduction in property tax receipts statewide of  
          approximately $60,000 in the first year, approximately half of  
          which would be reimbursed from the General Fund.  Over time, the  
          number of homes that enjoy the reduced tax assessment value under  
          this bill, and the amount therefore reimbursed from the General  
          Fund, will increase.


          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 1% of full cash 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  








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          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 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,  








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          Homeowners Association 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.      


          This bill would create uniformity in what county assessor can  
          consider when determining the assessed value of a property, upon  
          which a nonprofit organization has a recorded contract that limits  
          the use of the land for 30 years to owner-occupied housing at an  
          affordable cost.




          Analysis Prepared by:                                               
                          Lisa Engel / H. & C.D. / (916) 319-2085  FN:  
          0000526










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