BILL ANALYSIS Ó SENATE COMMITTEE ON GOVERNANCE AND FINANCE Senator Robert M. Hertzberg, Chair 2015 - 2016 Regular ------------------------------------------------------------------ |Bill No: |AB 668 |Hearing |7/8/15 | | | |Date: | | |----------+---------------------------------+-----------+---------| |Author: |Gomez |Tax Levy: |No | |----------+---------------------------------+-----------+---------| |Version: |6/25/15 |Fiscal: |Yes | ------------------------------------------------------------------ ----------------------------------------------------------------- |Consultant|Grinnell | |: | | ----------------------------------------------------------------- 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 AB 668 (Gomez) 6/25/15 Page 2 of ? 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 AB 668 (Gomez) 6/25/15 Page 3 of ? 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 AB 668 (Gomez) 6/25/15 Page 4 of ? 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 AB 668 (Gomez) 6/25/15 Page 5 of ? 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 -- END --