Amended in Assembly April 21, 2016

Amended in Assembly April 13, 2016

Amended in Assembly April 6, 2016

Amended in Assembly March 17, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 1969


Introduced by Assembly Member Steinorth

February 16, 2016


An act to amend Section 51504 of the Health and Safety Code, relating to housing, and making an appropriation therefor.

LEGISLATIVE COUNSEL’S DIGEST

AB 1969, as amended, Steinorth. Affordable housing: home purchase assistance.

Existing law establishes the California Homebuyer’s Downpayment Assistance Program, which requires the California Housing Finance Agency to, among other things, administer a program that provides downpayment assistance, including deferred-payment, low-interest, junior mortgage loans to reduce principal and interest payments, that makes financing affordable to first-time low- and moderate-income home buyers, pursuant to specified terms.

This bill would appropriate an unspecified amount from the General Fund to the California Homebuyer’s Downpayment Assistance Program for the purposes of the downpayment assistance program described above. The bill would condition the application of these funds on an additional requirement that the home for which assistance is provided be in a development projectbegin insert that is in a designated infill site, close to public transit, and that isend insert located in a city, county, or city and county that reduces developer or impact fees or reduces or removes regulatory barriers to housing construction for the development project, as specified. As part of this additional requirement, the bill would require a local agency to provide verification of the local agency’s schedule of local fees, charges, and other exactions to the California Housing Finance Agency, and would thereby impose a state-mandated local program. The bill would make these moneys available for the general use of the California Housing Finance Agency for the purposes of the California Homebuyer’s Downpayment Assistance Program, if specified requirements are met.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

Vote: 23. Appropriation: yes. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 51504 of the Health and Safety Code is
2amended to read:

3

51504.  

(a) The agency shall administer a downpayment
4assistance program that includes, but is not limited to, all of the
5following:

6(1) Downpayment assistance shall include, but not be limited
7to, a deferred-payment, low-interest, junior mortgage loan to reduce
8the principal and interest payments and make financing affordable
9to first-time low- and moderate-income home buyers.

10(2) (A) Except as provided in subparagraph (B) or (C), the
11amount of downpayment assistance shall not exceed 3 percent of
12the home sale price.

13(B) The amount of downpayment assistance for a new home
14within an infill opportunity zone, as defined in Section 65088.1
15of the Government Code, a transit village development district, as
16defined in Section 65460.4 of the Government Code, or a
17transit-oriented development specific plan area, as defined in
P3    1paragraph (6), shall not exceed 5 percent of the purchase price or
2the appraised value, whichever amount is less, of the new home.
3The borrower of the downpayment assistance shall provide the
4lender originating the loan with a certification from the local
5government agency administering the infill opportunity zone, the
6transit village development district, or the transit-oriented
7development specific plan area that states that the property involved
8in the loan transaction is within the boundaries of either the infill
9opportunity zone, the transit village development district, or the
10transit-oriented development specific plan area.

11(C) Notwithstanding paragraph (1), the agency may, but is not
12required to, provide downpayment assistance that does not exceed
136 percent of the home sale price to first-time low-income home
14buyers who, as documented to the agency by a nonprofit
15organization that is certified and funded to provide home ownership
16counseling by a federally funded national nonprofit corporation,
17are purchasing a residence in a community revitalization area
18targeted by the nonprofit organization as a neighborhood in need
19of economic stimulation, renovation, and rehabilitation through
20efforts that include increased home ownership opportunities for
21low-income families. The agency shall not use more than six
22million dollars ($6,000,000) in funds made available pursuant to
23Section 53533 for the purposes of this paragraph.

24(3) The amount of the downpayment assistance shall be secured
25by a deed of trust in a junior position to the primary financing
26provided. The term of the loan for the downpayment assistance
27shall not exceed the term of the primary loan.

28(4) (A) Except as provided in subparagraphs (B) and (C), the
29amount of the downpayment assistance shall be due and payable
30at the end of the term or upon sale of or refinancing of the home.
31The borrower may refinance the mortgages on the home provided
32that the principal and accrued interest on the junior mortgage loan
33securing the downpayment assistance are repaid in full. All
34repayments shall be made to the agency to be reallocated for the
35purposes of this chapter.

36(B) The agency may, in its discretion, permit the downpayment
37assistance loan to be subordinated to refinancing if it determines
38that the borrower has demonstrated hardship, subordination is
39required to avoid foreclosure, and the new loan meets the agency’s
P4    1underwriting requirements. The agency may permit subordination
2on those terms and conditions as it determines are reasonable.

3(C) The amount of the downpayment assistance shall not be
4due and payable upon sale of the home if the first mortgage loan
5is insured by the Federal Housing Administration (FHA) or if the
6first mortgage loan is, or has been, transferred to the FHA, or if
7the requirement is otherwise contrary to regulations of the United
8States Department of Housing and Urban Development governing
9FHA insured first mortgage loans.

10(5) The agency may use up to 5 percent of the funds appropriated
11by the Legislature for purposes of this chapter to administer this
12program.

13(6) For purposes of this section, “transit-oriented development
14specific plan area” means a specific plan that meets the criteria set
15forth in Section 65451 of the Government Code, is centered around
16a rail or light-rail station, ferry terminal, bus hub, or bus transfer
17 station, and is intended to achieve a higher density use of land that
18facilitates use of the transit station.

19(b) In addition to the downpayment assistance program
20authorized by subdivision (a), the agency may, at its discretion,
21use not more than seventy-five million dollars ($75,000,000) of
22the funds available pursuant to this chapter to finance the
23acquisition of land and the construction and development of
24housing developments, as defined in Section 50073.5, and for-sale
25residential structures through short-term loans pursuant to its
26authority pursuant to Section 51100. However, the agency shall
27make downpayment assistance provided pursuant to paragraph
28(1), subparagraphs (A) and (B) of paragraph (2), and paragraphs
29(3) to (5), inclusive, of subdivision (a) the priority use for these
30funds. A loan made pursuant to this section is not subject to Article
314 (commencing with Section 51175) of Chapter 5.

32(c) (1) In addition to the downpayment assistance program
33authorized by subdivision (a), the agency shall provide
34downpayment assistance from the funds appropriated by the act
35adding this subdivision to first-time home buyers pursuant to
36paragraphs (1), (2), (3), (4), and (6) of subdivision (a) for homes
37in development projectsbegin insert that are located in designated infill sites,
38close to public transit, andend insert
that are located in cities, counties, or
39cities and counties that reduce developer or impact fees or reduce
40or remove regulatory barriers to housing construction for the
P5    1development projects. The agency shall identify and shall
2objectively measure the types of local agency actions or incentives
3that the agency determines appropriately reduce developer or
4impact fees or reduce or remove regulatory barriers tobegin insert affordableend insert
5 housingbegin delete construction.end deletebegin insert projects.end insert These actions or incentives may
6include, but are not limited to, modifications to any or all of the
7following:

8(A) Local design review requirements.

9(B) Land use controls.

10(C) Building codes and enforcement.

11(D) Onsite or offsite improvement requirements.

12(E) Project design.

13(F) Permit processing.

14(G) (i) A 30-percent reduction in the schedule of local fees,
15charges, and other exactions on local developers within the local
16agency’s jurisdiction within 12 months or more prior to the
17submission of the application for assistance pursuant to this
18subdivision. The local agency shall provide verification of the
19reduction with supporting documents showing successive annual
20fee schedules to the agency.

21(ii) For the purposes of this subparagraph, “local fees, charges,
22and other exactions” includes, but is not limited to, all of the
23following:

24(I) Planning and zoning fees.

25(II) Environmental documentation fees.

26(III) Building permit fees.

27(IV) Plan check fees.

28(V) School fees.

29(VI) School mitigation fees.

30(VII) Highway, road, traffic, and transit fees.

31(VIII) Water, wastewater, sewer, and drainage fees.

32(IX) Utility or water connection fees.

33(X) Public safety fees.

34(XI) Capital facilities fees.

begin delete

35(XII) Affordable housing fees and assessments.

end delete
begin delete

32 36(XIII)

end delete

37begin insert(XIIend insertbegin insert)end insert Parks and recreation fees.

begin delete

33 38(XIV)

end delete

39begin insert(XIII)end insert Any other fee that may substitute for the requirements
40described in subparagraph (D).

P6    1(2) Paragraph (1) applies only to the use of funds appropriated
2by the act adding this subdivision and shall not be construed to
3apply to the use of any other funds.

4

SEC. 2.  

If the Commission on State Mandates determines that
5this act contains costs mandated by the state, reimbursement to
6local agencies and school districts for those costs shall be made
7pursuant to Part 7 (commencing with Section 17500) of Division
84 of Title 2 of the Government Code.

9

SEC. 3.  

The sum of ____ dollars ($____) is hereby appropriated
10from the General Fund to the California Homebuyer’s
11Downpayment Assistance Program for the purposes set forth in
12Section 51504 of the Health and Safety Code that satisfy the
13requirements of subdivision (c) of that section. After 48 months
14of availability, if the California Housing Finance Agency
15 determines that these moneys will not be utilized for the purposes
16set forth in Section 51504 of the Health and Safety Code that satisfy
17the requirements of subdivision (c) of that section, the moneys
18shall be available for the general use of the California Housing
19Finance Agency for the purposes of the California Homebuyer’s
20Downpayment Assistancebegin delete Program, but may also continue to be
21available for the purposes set forth in Section 51504 of the Health
22and Safety Code.end delete
begin insert Programend insertbegin insert.end insert



O

    95