BILL ANALYSIS Ó AB 2280 Page 1 ASSEMBLY THIRD READING AB 2280 (Ridley-Thomas) As Amended April 21, 2016 Majority vote ------------------------------------------------------------------ |Committee |Votes|Ayes |Noes | | | | | | | | | | | | | | | | |----------------+-----+----------------------+--------------------| |Housing |6-1 |Chiu, Steinorth, |Beth Gaines | | | |Burke, Chau, Lopez, | | | | |Mullin | | | | | | | |----------------+-----+----------------------+--------------------| |Appropriations |18-2 |Gonzalez, Bloom, |Bigelow, Wagner | | | |McCarty, Bonta, | | | | |Calderon, Chang, | | | | |Daly, Eggman, | | | | |Gallagher, | | | | | | | | | | | | | | |Eduardo Garcia, | | | | | | | | | | | | | | |Roger Hernández, | | | | |Holden, Jones, | | | | |Obernolte, Quirk, | | | | |Santiago, Weber, Wood | | | | | | | AB 2280 Page 2 | | | | | ------------------------------------------------------------------ SUMMARY: Requires the California Housing Finance Agency (CalHFA) to notify participating parties within five business days of making a change to the eligibility requirements for a housing or lending program that the agency administers, unless it would impose an undue burden. Specifically, this bill: 1)Requires CalHFA, within five business days of making a change to the eligibility requirements for a housing or lending program that the agency administers, to provide a lender or other party participating in the program notice of the change unless providing that notice within five business days would impose an undue burden on the agency. 2)Authorizes the notice to be provided by a program bulletin. 3)Affects programs including, but not limited to, the California Homebuyer's Downpayment Assistance Program (CHDAP) and the Mortgage Credit Certificate Program. FISCAL EFFECT: According to the Assembly Appropriations Committee, no state cost. CalHFA indicates that any expenses they incur will be covered within the 5% administrative allowance granted under the affected programs. Appropriations Committee staff notes that CalHFA operates independently of the state General Fund and derives the funding for its downpayment assistance program from the sale of bonds. COMMENTS: AB 2280 Page 3 Established in 1975, CalHFA was chartered as the state's affordable housing bank to make below market-rate loans for single-family and multi-family housing through the sale of tax-exempt bonds. One of the larger programs that CalHFA operates is the CHDAP, which provides homebuyers between 3% and 6% in downpayment assistance secured as a second mortgage on the home. The program operates as a revolving loan and when a home is sold CalHFA is repaid allowing the funds to go to another homebuyer. There is approximately $150 million available in CHDAP at this time. The program can provide downpayments to individuals that make up to 120% of the area median income (AMI) and just recently raised its income limits to 140% of AMI in high cost areas. Due to variable market considerations and bondholder requirements CalHFA is required to modify aspects of CHDAP and other housing programs, such as income eligibility criteria, in some cases with little warning. When time allows, CalHFA currently uses program bulletins to notify participating lenders in advance of upcoming program changes. The agency also posts the information on its Web site. The agency is in the process of creating a written policy regarding program change notifications for stakeholders. It should be noted, however, that CalHFA does not work directly with prospective homebuyers, but rather with lending institutions. Therefore, lending institutions are the primary audience for program change notifications. Purpose of the bill: According to the author, this "bill is needed to provide certainty to potential homeowners who participate in programs like CHDAP. The bill serves these individuals by increasing their confidence in these complex programs because they can determine acquisitions costs without the fear of eligibility requirements being changed without their knowledge. If changes in a program are made after a prospective home buyer has entered into a contract to purchase a home, the bill helps those individuals secure other means of financing as AB 2280 Page 4 soon as possible." Analysis Prepared by: Rebecca Rabovsky / H. & C.D. / (916) 319-2085 FN: 0003065