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 --