BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON
          BUSINESS, PROFESSIONS AND ECONOMIC DEVELOPMENT
                              Senator Jerry Hill, Chair
                                2015 - 2016  Regular 

          Bill No:            AB 2282         Hearing Date:    August 11,  
          2016 
           ----------------------------------------------------------------- 
          |Author:   |Calderon                                              |
          |----------+------------------------------------------------------|
          |Version:  |August 8, 2016                                        |
           ----------------------------------------------------------------- 
           ---------------------------------------------------------------- 
          |Urgency:  |Yes                    |Fiscal:    |Yes              |
           ---------------------------------------------------------------- 
           ----------------------------------------------------------------- 
          |Consultant|Mark Mendoza                                          |
          |:         |                                                      |
           ----------------------------------------------------------------- 
          
            Subject:  Rental housing: large-scale buy-to-rent investors:  
                                   data collection


          SUMMARY:  
          Establishes the Task Force on Institutional Investors within the  
          Bureau of Real Estate; requires the Task Force on Institutional  
          Investors, on or before July 1, 2018, to submit to the Governor  
          and the Legislature a report regarding data collection on  
          large-scale buy-to rent investors, as specified; defines  
          "large-scale buy-to-rent investor" as a publicly 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 100 single-family homes during a calendar year.

          Existing law:
          
          1)Establishes the Real Estate Law, administered by the Bureau of  
            Real Estate (CalBRE or Bureau), within the Department of  
            Consumer Affairs (DCA), which licenses and regulates real  
            estate salespersons, brokers, and mortgage loan originators.   
            (Business and Professions Code (BPC) § 1000 et seq.)  

          2)Makes finding and declarations that the subject of housing is  
            of vital statewide importance to the health, safety, and  
            welfare of the residents of this state, for the following  
            reasons:  (Health and Safety Code § 50001)

             a)   Decent housing is an essential motivating force in  







          AB 2282 (Calderon)                                      Page 2  
          of ?
          
          
               helping people achieve self-fulfillment in a free and  
               democratic society.

             b)   Unsanitary, unsafe, overcrowded, or congested dwelling  
               accommodations or lack of decent housing constitute  
               conditions which cause an increase in, and spread of,  
               disease and crime. 

             c)   A healthy housing market is one in which residents of  
               this state have a choice of housing opportunities and one  
               in which the housing consumer may effectively choose within  
               the free marketplace. 

             d)   A healthy housing market is necessary both to achieve a  
               healthy state economy and to avoid an unacceptable level of  
               unemployment. 
          



          This bill:

          1)Adds findings and declarations that state the following:

             a)   It is the intent of the Legislature in enacting this  
               provision to analyze the impacts on the real estate market  
               in California of the investment activities of large-scale  
               buy-to-rent investors that, since October 2013, have  
               involved a mortgage-based security supported by the revenue  
               from single-family rental properties.

             b)   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.

             c)   It is in the best interest of the State of California to  
               help ensure, to the extent feasible, that families and  
               individuals are able to become homeowners.









          AB 2282 (Calderon)                                      Page 3  
          of ?
          
          
             d)   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. 

             e)   It is critical to know to what extent these new  
               investors are crowding out potential owner-occupants or  
               artificially inflating home prices.

             f)   Before any meaningful legislative action takes place,  
               more data needs to be collected and analyzed to ensure the  
               proper oversight over this new investment activity. There  
               is currently insufficient data to properly categorize the  
               problem, and while the impacts are currently unknown,  
               families and other first-time homebuyers are certainly put  
               at a disadvantage when having to compete against a large  
               investment firm. This can exacerbate income inequality  
               issues in the state and must be addressed sooner rather  
               than later to protect the American Dream of buying and  
               owning a home.

             g)   To the extent these investments are geographically  
               clustered, they could have unintended ripple effects across  
               regions throughout California and should be examined more  
               closely. Should the Legislature wait longer to gather and  
               analyze the appropriate data, thousands more homes could be  
               off the market for purchase by families and other  
               first-time homebuyers.

          1)Creates the Task Force on Institutional Investors (Task Force)  
            within the Bureau.  

          2)Requires the Task Force to examine the impacts that  
            large-scale buy-to-rent investors are having on the real  
            estate market in California.

          3)Establishes the membership of the Task Force as the following:

             a)   The Real Estate Commissioner, or his or her designee,  
               who shall serve as the chair of the task force.

             b)   A professor from either the University of California or  
               the California State University with an extensive  
               background and knowledge of the real estate market, to be  
               appointed by the Governor.








          AB 2282 (Calderon)                                      Page 4  
          of ?
          
          

             c)   A local government official with an extensive background  
               and knowledge of the real estate market, to be appointed by  
               the Governor.

             d)   A real estate expert, to be appointed by the Senate  
               Committee on Rules.

             e)   A real estate finance expert, to be appointed by the  
               Speaker of the Assembly.

             f)   A legal services expert with expertise on homeownership  
               from northern California, to be appointed by the Speaker of  
               the Assembly.

             g)   A legal services expert with expertise on homeownership  
               from central California, to be appointed by the Governor.

             h)   A housing counselor certified by the United States  
               Department of Housing and Urban Development from southern  
               California, to be appointed by the Senate Committee on  
               Rules.

             i)   An expert from a county assessor's office, to be  
               appointed by the Governor.

          1)Requires, on or before July 1, 2018, the Task Force to submit  
            to the Governor and the Legislature a report that includes,  
            but is not limited to, all of 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, density, and percentage of single-family  
               homes each large-scale buy-to-rent investor owns, and 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, the length of time  
               large-scale buy-to-rent investors are holding their  
               property as a rental, and how many homes they are selling  








          AB 2282 (Calderon)                                      Page 5  
          of ?
          
          
               each year. 

             c)   Data on the structure of the investment instruments in  
               which properties in California are held, including, but not  
               limited to, factors that could affect the timing and  
               quantity of property turnover in California by investors  
               and the potential effects of the investment structure on  
               California's rental and homeownership markets.

             d)   Recommendations to the Governor and the Legislature on  
               how to increase homeownership among the residents of  
               California, and the tracking and monitoring of large-scale  
               buy-to-rent investor holdings, including proposed  
               legislative or regulatory actions, homebuyer assistance  
               programs, and any other recommendations the task force  
               deems appropriate.

          1)Defines "large-scale buy-to-rent investor" as a publicly  
            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 100 single-family homes  
            during a calendar year.

          2)Includes an urgency clause to provide for the expedient  
            collection of data on large-scale buy-to-rent investors.  In  
            turn, this measure will provide for meaningful legislative  
            action that will help alleviate the pressing concern of rising  
            home prices.

          
          FISCAL EFFECT:  Unknown.  This bill has been keyed "fiscal" by  
          Legislative Counsel.   

          
          COMMENTS:
          
          1. Purpose.  The  Author  is the sponsor of this bill.  According  
             to the Author, "AB 2282 will establish the Institutional  
             Investors Impact on Real Estate in California Task Force that  
             will examine the impacts large-scale buy-to-rent investors  
             are having on the real estate market. The task force will be  
             composed of nine members with varying expertise in the real  
             estate market. 









          AB 2282 (Calderon)                                      Page 6  
          of ?
          
          
             In conducting the report, the task force will focus on the  
             number, density, and percentage of single-family homes each  
             large-scale buy-to-rent investor owns, and 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, the length of time large-scale buy-to-rent  
             investors are holding their property as a rental, and how  
             many homes they are selling each year, amongst other things."
           
          2. Background on CalBRE.  Real estate licensing in California  
             commenced in 1917.  CalBRE is the state entity currently  
             charged with responsibility to enforce the Real Estate Law,  
             the Subdivided Lands Act, and the Vacation Ownership and  
             Time-share Act of 2004.  CalBRE's programs are in place to  
             satisfy the Bureau's statutorily mandated obligations of  
             licensing and regulating salespersons, brokers, mortgage loan  
             originators, real estate and prepaid listing service  
             licensees, reviewing and approving subdivision and time share  
             offerings, and approving continuing education (CE) and  
             pre-license courses.  Within the framework of requirements of  
             Division 4 of the BPC and the Regulations of the Real Estate  
             Commissioner as contained in the California Code of  
             Regulations, each of CalBRE's programs contribute toward  
             satisfying its mission of protecting and serving the  
             interests of the public in real estate transactions and  
             providing related services to the real estate industry.   
             Specifically, BPC § 10050 requires the Real Estate  
             Commissioner to enforce all laws commencing with BPC § 10000  
             and 
          BPC § 11000 of Part 2 in a manner that achieves the maximum  
             protection for the purchasers of real property and those  
             persons dealing with real estate licensees.

          3. The Housing Market and Rise of Large-Scale Buy-to-Rent  
             Investors.  In the aftermath of the financial crisis and  
             Great Recession, the supply of vacant homes far exceeded the  
             demand for owner-occupied homes.  This severe imbalance  
             created a unique opportunity for a small number of  
             well-funded investors to purchase large numbers of  
             single-family homes.  In October 2013, an institutional  
             investor created the first triple-A-rated, mortgage-backed  
             security supported by revenue from single-family rental  








          AB 2282 (Calderon)                                      Page 7  
          of ?
          
          
             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. 

             Some analysts predict the funding of single-family rental  
             acquisitions through securitization will likely become a  
             dominant model quickly, and thus, continue to shrink the  
             already short supply of homes.  One institutional investor,  
             Blackstone, has already become the largest single-family home  
             owner in the country. According to Department of Finance,  
             California has over nine million single family homes.  The  
             estimated portfolio of homes turned to rentals owned by  
             Invitation Homes, a subsidiary of Blackstone, is around  
             10,000-12,000 in California.  

             When rent-backed securities premiered on the market in  
             October 2013, the $479 million offering from the private  
             equity company Blackstone Group generated more demand from  
             investors than the private equity firm could accommodate.   
             Since then, Blackstone and several other firms specializing  
             in the rental of single-family homes have sold more than $3  
             billion of these bonds.  This type of securitization has been  
             hailed as an exciting new asset class, with financial  
             analysts at Keefe, Bruyette & Woods estimating that it could  
             swell into a nearly $1 trillion industry over the next six  
             years.  

          4. Arguments in Support.    Housing and Economic Rights Advocates   
             argues that, "AB 2292 takes a thoughtful approach to the  
             issue of the impact on homeownership of having larger scale  
             investors in single family dwellings that are turned into  
             rentals.  This bill recognizes that the scale of investment  
             raises questions that localities and the state should have  
             answers to regarding the impact on the homeownership  
             market?We have seen the single family home to rental  
             investment model take root nationally, as well as in our  
             state, and it seems likely to remain a feature of our modern  
             housing market."

          5. Arguments in Opposition.   The California Association of  
             Realtors  (C.A.R.) underscores that, "CalBRE is a special fund  
             agency which derives its operational budget from licensing  
             fees and subdivision filings.  Unfortunately, AB 2282 seeks  
             to use real estate license fees and resources to investigate  








          AB 2282 (Calderon)                                      Page 8  
          of ?
          
          
             a community not regulated by CalBRE."  Additionally, C.A.R.  
             highlights that, "The Legislative Analyst's office would be  
             the most appropriate entity for examining the issue as they  
             recently released a report on Why Housing is So Expensive in  
             California."

          6. Author's Technical Amendments.  The Author's office has  
             agreed to the following amendments to alleviate concerns  
             about the language in the findings and declarations section  
             of the bill.  These amendments will be taken in Senate  
             Appropriations and will help better capture the bill's  
             intent.  

                       On page 3, line 7, strike out "to what extent  
                  these new investors are", and strike out lines 8 and 9  
                  and insert "  the impact these new investors are having on  
                  California's housing market  ."

                  The new BPC § 65009.5(a) (5) now reads: 

                  (5) It is critical to know the impact these new  
                  investors are having on California's housing market  .

                       On page 3, line 13, strike out "problem, and while  
                  the".

                       On page 3, line 14, strike the phrase "are  
                  currently unknown," and insert the word "  on  ".  

                       On page 3, line 14, strike lines 15 to 19 and  
                  insert "  home buyers  ."

                  The new BPC § 65009.5(a) (6) now reads:

                   (6) Before any meaningful legislative action take place,  
                  more data needs to be collected and analyzed to ensure  
                  the proper oversight over this new investment activity.  
                  There is currently insufficient data to properly  
                  categorize the impacts on families and other first-time  
                  home buyers  .   

                       On page 3, line 21, strike the phrase "they could  
                  have unintended ripple" insert "  the task force shall  
                  examine the  ".








          AB 2282 (Calderon)                                      Page 9  
          of ?
          
          

                       On page 3, line 22, strike out "California and"  
                  and insert "  California, which  ".

                       On page 3, line 23, strike out "wait longer to  
                  gather and analyze" and insert "  delay in gathering and  
                  analyzing  ".  

                       On page 3, lines 24 and 25, strike out "purchase  
                  by".

                       On page 3, in line 25, strike out "homebuyers."  
                  and insert "  home buyers to purchase.  "

                  The new BPC § 65009.5(a)(7) now reads:

                   (7) To the extent that these investments are  
                  geographically clustered, the task force shall examine  
                  the effects across regions throughout California, which  
                  should be examined more closely.  Should the Legislature  
                  delay in gathering and analyzing the appropriate data,  
                  thousands of more homes could be off the market for  
                  families and other first-time home buyers to purchase.    
                   
           
                       On page 4, line 4, strike out "expert," and insert  
                  "  expert with background in the buy-to-rent industry, "  

                  These amendments will allow the buy-to-rent industry to  
                  provide speedy input and information to the Task Force.

                       On page 5, between lines 9 and 10, insert:
                   "(d) The task force shall be funded by an appropriation  
                  from the General Fund.  No funds appropriated to the  
                  Bureau of Real Estate for purposes other than the task  
                  force shall be used to fund the activities of the task  
                  force  .  Members of the task force shall not be paid a  
                  salary, but may receive a per diem reimbursing them for  
                  expenses associated with the activities of the task  
                  force."

                  These amendments help address C.A.R.'s concern that  
                  special fund monies will be used for a non-regulatory  
                  purpose and to investigate a community not regulated by  








          AB 2282 (Calderon)                                      Page 10  
          of ?
          
          
                  CalBRE.  
           
          
           NOTE  :  Referral to the Senate Committee on Appropriations.  
          

          SUPPORT AND OPPOSITION:
          
           Support:  

          Housing and Economic Rights Advocates

           Opposition:  

          The California Association of Realtors (C.A.R.)


                                      -- END --