BILL ANALYSIS                                                                                                                                                                                                    Ó






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                                   THIRD READING 


          Bill No:  AB 1516
          Author:   Committee on Housing and Community Development  
          AmendedAmended:6/22/15 in Senate
          Vote:     21  

           SENATE TRANS. & HOUSING COMMITTEE:  11-0, 7/14/15
           AYES:  Beall, Cannella, Allen, Bates, Gaines, Galgiani, Leyva,  
            McGuire, Mendoza, Roth, Wieckowski

           SENATE APPROPRIATIONS COMMITTEE:  7-0, 8/17/15
           AYES:  Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen

           ASSEMBLY FLOOR:  77-0, 5/7/15 (Consent) - See last page for  
            vote

           SUBJECT:   Housing


          SOURCE:    Author

          DIGEST:   This bill makes technical and non-controversial  
          changes to sections of law relating to housing.

          ANALYSIS:    This bill makes non-controversial changes to  
          sections of law relating to housing.  Specifically, the bill  
          includes the following provisions.  The proposer of each  
          provision is noted in brackets.
          
          1)Technical change to Davis-Sterling Act.  [Section 1] The  
            Davis-Stirling Act establishes the rules and regulations  
            governing the operation of a common interest development and  
            the respective rights and duties of a homeowners association  
            and its members.  The bill makes a technical, non-substantive  








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            change by replacing "funding" with "funded."   [Kerry Mazzoni,  
            Education Community for Homeowners]

          2)Updating a cross-reference.  [Section 2]  The Housing  
            Accountability Act, among other things, prohibits a local  
            agency from disapproving a housing development project unless  
            the local agency makes specified written findings.  This bill  
            updates cross-references and make technical changes to the  
            Act.   [Rebecca Rabovsky, Assembly Committee on Housing and  
            Community Development]

          3)Aligning state law with federal law.  [Section 3]  This bill  
            updates the statute to allow a Home Purchase Assistance (HPA)  
            downpayment assistance loan to be recorded in a junior lien  
            position.  When the HPA statute was originally enacted, it was  
            common that a loan have two funding sources.  The intent was  
            that this loan would be junior to senior debt, thus the  
            statutes currently state that this loan must be in second  
            position.  In recent years, it has become increasingly common  
            for loans to have more than two funding sources.  Other  
            downpayment assistance programs administered by California  
            Housing Finance Agency (CalHFA) allow them to be recorded in a  
            "junior" position, which gives the agency the flexibility it  
            needs to use these funds in conjunction with other downpayment  
            assistance programs.  This bill provides that same flexibility  
            for the HPA program.  This bill also updates the HPA statute  
            to ensure it meets all of the qualifications of federal laws  
            and regulations, allowing it to be used with a Federal Housing  
            Authority-insured loan product.  [Rebecca Rabovsky, Assembly  
            Committee on Housing and Community Development]

          Comments
          
          Purpose of this bill.  The purpose of omnibus bills is to  
          include technical and non-controversial changes to various  
          committee-related statutes into one bill.  This allows the  
          Legislature to make multiple, minor changes to statutes in one  
          bill in a cost-effective manner.  If there is no consensus on a  
          particular item, it cannot be included.  There is no known  
          opposition to any item in this bill.

          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   No








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          According to the Senate Appropriations Committee, this bill  
          could result in potential delays in downpayment assistance loan  
          repayments in future years to the extent those loans are assumed  
          by persons purchasing homes partially financed through an HPA  
          downpayment assistance loan.  Currently, these loans must be  
          repaid when a home is refinanced or sold, but this bill allows  
          downpayment assistance loans to be assumed by a new owner or  
          repaid as part of the home purchase.  This would only apply to  
          new HPA loans made by CalHFA.  There are no fiscal impacts  
          related to other provisions of this bill.


          SUPPORT:   (Verified8/18/15)


          None received


          OPPOSITION:   (Verified8/18/15)


          None received

          ASSEMBLY FLOOR:  77-0, 5/7/15
          AYES:  Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom,  
            Bonilla, Bonta, Brough, Brown, Burke, Calderon, Chang, Chau,  
            Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly,  
            Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina  
            Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez,  
            Gordon, Gray, Grove, Hadley, Harper, Holden, Irwin, Jones,  
            Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low,  
            Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin,  
            Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea,  
            Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Mark  
            Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams,  
            Wood, Atkins
          NO VOTE RECORDED:  Campos, Roger Hernández, Steinorth

          Prepared by:Alison Dinmore / T. & H. / (916) 651-4121
          8/19/15 20:39:19


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