BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AB 1516| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- 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 AB 1516 Page 2 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 When the HPA statute was originally enacted, it was common that a loan have two funding sources.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 AB 1516 Page 3 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 **** END **** AB 1516 Page 4