BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 2282


                                                                    Page  1





          Date of Hearing:  April 13, 2016


               ASSEMBLY COMMITTEE ON HOUSING AND COMMUNITY DEVELOPMENT


                                  David Chiu, Chair


          AB 2282  
          (Calderon) - As Amended April 12, 2016


          SUBJECT:  Rental housing:  large-scale buy-to-rent investors:   
          data collection


          SUMMARY:  Requires the Department of Business Oversight (DBO) to  
          collect data about large-scale buy-to-rent investors and  
          prohibits a homeowner from selling their home to a buy-to-rent  
          investors for 90 days when the home is not a short sale or a  
          foreclosure.    Specifically, this bill:  


          1)Includes the following statement of intent: 



               "It is the intent of the Legislature in enacting this  
               provision to monitor the investment activities of  
               large-scale buy-to-rent investors in the State of  
               California that have, since October 2013, designed a  
               mortgage-based security supported by the revenue from  
               single-family rental properties.













                                                                    AB 2282


                                                                    Page  2





               The emergence of this type of security is likely to grow  
               and scale institutionally owned single-family rental homes  
               to a level that is, at this time, unknown. However, with  
               home prices currently approaching record highs, yet with  
               homeownership at historic lows, it is important to  
               understand the size and scope of investor activity of  
               single-family homes and the impacts it has on the real  
               estate market in California.





               It is in the best interest of the State of California to  
               limit the amount of single-family homes that large-scale  
               buy-to-tent investors can own in our neighborhoods and  
               communities. Furthermore, we must protect against the  
               potential displacement of persons residing in single-family  
               home rentals that is harmful not only to the persons  
               displaced by these practices but also to the entire  
               community in which those persons reside.


               Large-scale buy-to-rent investors own more single-family  
               homes than any other population in the United States, a  
               market once dominated by local, private owners.


               Limiting the activity of large-scale buy-to-rent investors  
               can have a positive impact on the housing market by  
               providing a greater supply of homes to individual buyers,  
               protect the real estate market from large fluctuations in  
               home prices, create a stronger sense of community in our  
               neighborhoods, and defend the American dream of becoming a  
               homeowner."












                                                                    AB 2282


                                                                    Page  3






          2)Requires the DBO with any assistance that may be provided by  
            the county recorders to design and implement a registration  
            program for the purpose of registering and monitoring  
            large-scale buy-to-rent investors and analyzing the impacts  
            they are having on the state's real estate market. 


          3)Requires DBO to consider methods to require large-scale  
            buy-to-rent investors to renew registration of their rental  
            property on an annual basis including new and current  
            single-family home rentals that they own or in which they have  
            invested.   


          4)Requires DBO, on or before January 1, 2018, to submit to the  
            Governor and the Legislature a report that includes but is not  
            limited to the following: 


             a)   Information regarding how many large-scale buy-to-rent  
               investors own property in the state for the purpose of  
               renting the property and which regions of the state their  
               investment activity is occurring;


             b)   The number of single-family homes each large-scale  
               buy-to-rent investor owns;


             c)   An analysis of the potential impacts their investments  
               are having on the local real estate market, including the  
               price of homes, the ability of individual home buyers,  
               specifically those who need financing, to compete against  
               the large-scale buy-to-rent investors;


             d)   The length of time large-scale buy-to-rent investors are  
               holding their property as a rental; and 








                                                                    AB 2282


                                                                    Page  4







             e)   How many homes large-scale buy-to-rent investors are  
               selling each year.


          1)Prohibits a large-scale buy-to-rent investor from placing a  
            bid on a normal sale of single-family home that is not a short  
            sale, foreclosure sale, or real estate owned property for a  
            period of no less than 90 days after the home has been placed  
            on the real estate market. 


          2)Defines a "large-scale buy-to-rent investor" to mean a  
            publically traded company devoted to holding and managing  
            single-family home rental properties, either on behalf of  
            clients or for itself, and which owns more than 10  
            single-family homes during a calendar year. 


          3)Repeals or makes the reporting requirement in this bill  
            inoperative four years after the bill is enacted or four years  
            after the due date of the report.


          4)Requires the report created by DBO to be submitted to the  
            Secretary of the Senate, Chief Clerk of the Assembly, and  
            Legislative Counsel. 


          EXISTING LAW:  


          FISCAL EFFECT: Unknown  


          COMMENTS:  










                                                                    AB 2282


                                                                    Page  5





          During the foreclosure crisis companies like Blackstone  
          purchased homes in foreclosure or short sales. These companies  
          rent these homes and securitize the rental income.  According to  
          their representative, Blackstone owns 10,000 to 12,000 rental  
          homes in California. Blackstone is buying homes in conventional  
          sales and their rate of home acquisition is about 300 per month  
          nationwide. It is not clear how many of that 300 are in  
          California.





          This bill would require DBO to develop and implement a  
          registration program to register and monitor large-scale  
          buy-to-rent investors. Large-scale buy-to-rent investors are  
          defined as publicly traded companies devoted to holding and  
          managing single-family home rental properties and that own more  
          than 10 single family homes during the calendar year.  A year  
          after registering these companies, DBO would be required to  
          submit a report to the Governor and Legislature that describes  
          how many large-scale buy-to-rent investors there are in the  
          state, how many properties they own and where they are located.  
          DBO would need to determine the impact of these companies on  
          homebuyers, specifically those who would need a mortgage and are  
          not paying cash for a home, to compete against the large scale  
          by to rent investors. 


          This bill would also prevent a large-scale buy-to-rent investor  
          from bidding on a home sale that is not a short sale or a  
          foreclosure for at least 90 days from the time the home is  
          placed on the market. 


           Purpose of this bill  :  According to the author, "over the last  
          few years, institutional investors, such as Blackstone, have  
          bought up billions of dollars-worth of single-family homes.   
          Instead  of  renovating  and  reselling  them  or just waiting  








                                                                    AB 2282


                                                                    Page  6





          or the real estate market to recover, they have converted  these  
          properties  into permanent  rental  homes.  Of the five  largest  
           metropolitan  areas  in the  U S   where concentration of this  
          type of investment  is highest,  three  of  them reside  in  
          California:  Los Angeles,   Riverside,   and Sacramento.  At the  
          time, the vast majority of these purchases were foreclosures or  
          short sales; however, purchases of homes coming from natural  
          sales have recently increased.  The CEO   of Colony American  
          Homes, which is one of the largest single-family landlords in  
          the country, said it himself "the first phase was distressed  
          homes, the second phase is acquiring homes in a more regular  
          way."


          In October 2013, an institutional investor created the first  
          triple-A-rated, mortgage? backed security supported by revenue  
          from single-family rental properties. The emergence of a new  
          form of mortgage-backed securities tied to single-family rentals  
          is certain to have an impact on the housing market, communities,  
          and tenants. A mortgage-backed security is created by pooling  
          assets together and then selling interests in that pool to  
          investors, who then receive regular payments from the asset  
          pool. This process provides access to a much larger pool of  
          investors than would otherwise be feasible, increasing liquidity  
          and generally providing a less expensive source of funding than  
          traditional borrowing from banks or private investors.


          While institutional investors only represent a fraction of those  
          in the housing market - midsized companies and small mom-and-pop  
          investors who own less than 10 properties have historically been  
          far more prevalent in most markets -securitization is likely to  
          shift this balance. That being said, one institutional investor,  
          Blackstone, has already become the largest single-family home  
          owner in the country. In fact, some analysts predict the funding  
          of single-family rental acquisitions through securitization will  
          likely become a dominant model quickly, and thus, continuing to  
          shrink the already short supply of homes?..Families already have  
          a difficult time trying to save up enough money for a down  








                                                                    AB 2282


                                                                    Page  7





          payment, having to compete against an institutional investor who  
          has the financial backing of big banks and pension funds, just  
          isn't fair from both a monetary standpoint and technological." 


           Arguments in opposition:   According to the California Apartment  
          Association, "during our recent foreclosure crises in which  
          millions of single family homes throughout the United States  
          were foreclosed upon, some large scale organizations did, in  
          fact, purchase distressed properties in California; they made  
          extensive repairs to them and offered them for rent. If not for  
          the investment of these companies, many of these homes would  
          still remain vacant, boarded up, and deteriorating, exposing  
          them to trespassers, squatters, and graffiti, endangering our  
          neighborhoods. By putting these homes back on the market for  
          rent, these companies have helped to alleviate our lack of  
          available housing in California and have supported the housing  
          recovery in the areas where they have purchased. Rental  
          companies bought these homes because there was a limited ability  
          for individuals and families to buy them given the tightening of  
          credit after the crises.  In a study by members of the Federal  
          Reserve of Governors, they report that, "Despite the large  
          amount of attention that these purchases have attracted, we find  
          that buy-to-rent investors have been a very small share of the  
          aggregate market, comprising 1 to 2 percent of all single-family  
          purchases from 2012 to 2014. In contrast, purchases by other  
          investors accounted for 18 to 19 percent of single-family home  
          purchases during the same period." They further noted that ". .  
          . this activity also increased the supply of high-quality rental  
          housing, which may benefit a different segment of the population  
          by providing households a way to live in single-family housing  
          and neighborhoods, even if they cannot obtain a mortgage."  


            


          Policy considerations:









                                                                    AB 2282


                                                                    Page  8






           Many factors are contributing to the affordable housing crisis  
          facing the state. Lack of new housing stock affordable to buyers  
          is driving up the cost of the existing stock.  Many older  
          California's who are ready to downsize and move out of their  
          suburban homes, making them available to first time buyers and  
          families, are remaining in their homes because of a lack of  
          appropriate housing stock that meets their needs.    


          This bill would limit a homeowners' ability to sell their home  
          within the first 90 days by eliminating a potential purchaser -  
          a publicly traded company that owns more than 10 rental  
          properties. Does the current situation warrant or support the  
          legislature's action to prevent a homeowner from contracting to  
          sell their home to a qualified buyer?  


          The committee may wish to consider as a first step, prior to  
          limiting a homeowners ability to sell their home to a qualified  
          buyer, requiring DBO to complete the study required by the bill.  



           Double referred  :  If AB 2282 passes this committee, the bill  
          will be referred to the Committee on Banking and Finance. 


          REGISTERED SUPPORT / OPPOSITION:




          Support


          None on File










                                                                    AB 2282


                                                                    Page  9







          Opposition


          California Apartment Association




          Analysis Prepared by:Lisa Engel / H. & C.D. / (961) 319-2085,   
          Lisa Engel / H. & C.D. / (916) 319-2085