BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON GOVERNANCE AND FINANCE
                         Senator Robert M. Hertzberg, Chair
                                2015 - 2016  Regular 

                              
          
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          |Bill No:  |AB 668                           |Hearing    |7/8/15   |
          |          |                                 |Date:      |         |
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          |Author:   |Gomez                            |Tax Levy:  |No       |
          |----------+---------------------------------+-----------+---------|
          |Version:  |6/25/15                          |Fiscal:    |Yes      |
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          |Consultant|Grinnell                                              |
          |:         |                                                      |
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                  Property taxation:  assessment:  affordable housing



          Directs assessors to consider the value of contracts with  
          nonprofit entities when determining taxable value.


           Background and Existing Law

           Article XIII of 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 directs assessors to only reappraise  
          property when newly constructed, or ownership changes  
          (Proposition 13, 1978).  

          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.  However, assessors must consider enforceable  
          restrictions, such as zoning and environmental restrictions, as  
          well as recorded contracts with government entities when valuing  
          property; however, assessors cannot consider contracts with  
          non-governmental entities except for except for land  
          preservation easements held by non-profit entities.  Assessors  
          subsequently estimate the value of the property based on its  







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          legal uses.

          A nonprofit corporation, Habitat for Humanity builds houses for  
          low-income persons to occupy, either by renting or owning.   
          Habitat sells houses to individuals and families who qualify as  
          low-income; however, they do so very differently than a typical  
          real-estate transaction.  With Habitat, they build the home, and  
          then pick a family to live in it through its family selection  
          process.  The family buys the home at a price equal to its total  
          development cost through a down payment and a mortgage.  Habitat  
          won't require a family to pay more than 30% of gross family  
          income on mortgage payments.  The difference between the total  
          development cost and the fair market value is secured by the  
          "silent second mortgage," a deed restriction that limits any  
          family purchasing the home from reselling it.  Families don't  
          pay these silent-second mortgages, and they're generally  
          forgiven if the family satisfies the first.  Instead, the silent  
          second mortgages are covenants that ensure that the family  
          doesn't profit from Habitat's work, and "run with the land," so  
          that the site remains affordable should the initially selected  
          family choose to move somewhere else.  

          Generally, assessors use a property's purchase price in total  
          consideration to calculate value; however, with Habitat,  
          establishing value can be difficult.  The value of the property  
          to the owner is less than its value on the open market because  
          of the covenant restrictions.  Some county assessors deduct the  
          value of the restriction from the fair market value of the home,  
          and the Board of Equalization recommends that assessors estimate  
          the present economic value of the covenant, and then sum it with  
          the down payment and value of the mortgage.  Habitat wants to  
          create consistency throughout the state for affordable housing  
          non-profits that work to provide the option of property  
          ownership to low-income families.


           Proposed Law

           Assembly Bill 668 adds onto the list of items that Assessors  
          must consider when valuing property a contract that:

                 Is with a nonprofit, 501(c)(3), organization that has  
               obtained a welfare exemption from property tax for  
               properties intended to be sold to low-income families, who  








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               participate in a special, no-interest loan program,

                 Restricts the use of the land for at least 30 years to  
               owner-occupied housing at affordable housing cost,

                 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.  

                 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

                 Is recorded and provided to the Assessor.


           State Revenue Impact

           BOE states that it's not possible to determine AB 668's revenue  
          impact.


           Comments

           1.  Purpose of the bill  .  According to the author, "AB 668  
          strives to ensure equity for low-income homeowners to afford not  
          only their mortgage payments, but also their property tax bill.   
          This bill would allow a county assessor to consider certain  
          long-term affordability deed restrictions when valuing a  
          property for property taxes if specific conditions are met.  
          Currently, there is a wide variance between cities and counties  
          when assessing the value of affordable homes.  While some  
          assessors consider the recorded contracts and deed restrictions  
          between low-income homeowners and non-profit organizations,  
          other assessors choose not to and instead, assess these homes at  
          the "fair market value."  This is especially burdensome for a  
          low-income household that is restricted from spending more than  
          30 percent of its income on its monthly mortgage, which includes  
          property taxes.  AB 668 provides a simple remedy to this  
          discrepancy by encouraging consistency among local property tax  
          assessors throughout the state.  Ultimately, this bill will  








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          assist hardworking, low-income families afford their mortgage  
          payments, increase access to affordable housing, and create  
          opportunities for homeownership in California."  

           2.   Getting it right.   AB 668 responds to a tricky issue  
          property tax assessment issue.  Locally-elected Assessors  
          determine property value according to the California  
          Constitution, state law, and BOE advice, so assessor  
          determinations of how to treat silent second mortgages can  
          understandably differ across California.  Additionally, silent  
          second mortgages and recorded restrictions aren't uniform  
          either, with terms and conditions that vary from project to  
          project.  AB 668 attempts to resolve this issue by directing  
          assessors to consider the value of restrictions in affordable  
          housing contracts to ensure that the qualifying family is paying  
          property tax based on its value when the owner's economic rights  
          are limited as a condition of buying the home.  As each county  
          assessor values property in his or her county individually, the  
          measure ensures that all assessors consider these restrictions  
          when determining value.  AB 668's direction is simple and  
          effective, and counts on the assessor's expertise to calculate  
          value accurately, in contrast to past efforts such as AB 793  
          (Stickland, 2007), which explicitly required the assessor to  
          exclude from value the amount of the mortgage.

          3.   Related legislation  .  In 2013, the Committee approved SB 499  
          (Wyland), which is very similar to this bill.  However, the  
          Senate Committee on Appropriations held the bill on its suspense  
          file.

          4.  Incoming  !  The Senate Committee on Transportation and  
          Housing approved AB 668 on a 10-0 vote.  The Committee on  
          Governance and Finance is hearing the measure as the committee  
          of second referral.


           Assembly Actions

           Senate Transportation and Housing            10-0

          Assembly Floor                               79-0
          Assembly Appropriations                      15-0
          Assembly Revenue and Taxation                  9-0
          Assembly Housing and Community Development      6-0








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           Support and  
          Opposition   7/2/15


           Support  :  Habitat for Humanity, California Housing Consortium,  
          California Housing Partnership Corporation, Non-Profit Housing  
          Association of Northern California, Sacramento Housing Alliance.


           Opposition  :  Unknown



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