BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 2283


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          Date of Hearing:   April 20, 2016


           ASSEMBLY COMMITTEE ON PUBLIC EMPLOYEES, RETIREMENT, AND SOCIAL  
                                      SECURITY


                                  Rob Bonta, Chair


          AB 2283  
          (Calderon) - As Amended March 28, 2016


          SUBJECT:  Public retirement system: investments: securitized  
          rental homes


          SUMMARY:  Prohibits the California Public Employees' Retirement  
          System (CalPERS) and California State Teachers' Retirement  
          System (CalSTRS) from investing in new securitized home rental  
          properties or reinvesting in existing investments in securitized  
          home rental properties before conducting an evaluation of those  
          investments and ensuring that certain conditions are met.   
          Specifically, this bill:  


          1)Requires CalPERS and CalSTRS, prior to investing in new  
            securitized home rental properties or reinvesting in existing  
            investments in securitized home rental properties, to evaluate  
            those investments and ensure all of the following:


             a)   That the property management group is in compliance with  
               fair housing laws, as specified;


             b)   That rents are not inconsistent with the surrounding  
               rental market and are kept affordable, as specified;








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             c)   That the properties are in compliance with lawful  
               eviction guidelines, as specified; and,


             d)   That the properties are being adequately maintained, as  
               specified.


          2)Requires CalPERS and CalSTRS to appoint an independent  
            ombudsman to provide oversight and enforcement of these  
            requirements.


          3)Defines "securitized home rental properties" for purposes of  
            these provisions as single-family homes in California used as  
            rental properties that are aggregated with other properties  
            with the resulting income from the properties funding publicly  
            traded investment products.


          4)States that nothing in this bill requires CalPERS and CalSTRS  
            to take action unless they determine, in good faith, that the  
            action is consistent with their fiduciary responsibilities as  
            described in California Constitution Article XVI Section 17. 





          EXISTING LAW:  





          1)Pursuant to the California Constitution provides that:









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             a)   The respective boards of California's public retirement  
               systems have "plenary authority and fiduciary  
               responsibility for investment of monies and administration  
               of the system."



             b)   The Legislature retains its authority, by statute "to  
               prohibit certain investments by a retirement board where it  
               is in the public interest to do so, and provided that the  
               prohibition satisfies the standards of fiduciary care and  
               loyalty required of a retirement board pursuant to this  
               section."



             c)   The members of the retirement board of a public pension  
               or retirement system shall discharge their duties with  
               respect to the system solely in the interest of, and for  
               the exclusive purposes of providing benefits to,  
               participants and their beneficiaries, minimizing employer  
               contributions thereto, and defraying reasonable expenses of  
               administering the system."

          2)Prohibits CalPERS and CalSTRS from investing in companies with  
            active business operations in Sudan and in Iran and in thermal  
            coal companies, as specified.



          FISCAL EFFECT:  Unknown.


          COMMENTS:  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 for the real  








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          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." 













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          The author concludes, "As CalPERS and CalSTRS invest more money  
          into these large-scale, single-family rental bonds, it becomes  
          more and more important for them to pay closer attention to this  
          industry.  Financial stability concerns in these bonds may  
          become more significant should debt financing become more  
          prevalent or if the share of homes owned by investors in certain  
          markets rises significantly further.  In a recent Federal  
          Reserve brief, they warn that, 'To the extent that public  
          markets develop for bonds backed by the underlying income or  
          assets of investor portfolios, there is greater risk of the  
          development of shadow banking activities on these securities or  
          derivatives referencing them' and calls for greater monitoring  
          of these markets.  As California's two largest public pensions  
          become more entrenched in these investments, it's imperative to  
          ensure these institutional landlords are responsive to the needs  
          of their tenants and are following the law."





          Supporters state, "It is important that our state retirement  
          funds are investing consciously in businesses that do not harm  
          our communities.  AB 2283 would collect more information on the  
          activities to these investor-landlords in California and make  
          recommendations to CalPERS and CalSTRS if these landlords are  
          violating tenants' rights, charging unfair rents, or failing to  
          maintain properties."





          Opponents state that AB 2283, "?inappropriately uses the  
          retirement funds of public employees to pursue public policy and  
          to create a new, unprecedented and costly responsibility for  
          these funds to provide oversight where regulatory oversight  
          already exists.  The bill unfairly targets one type of business  
          in which to divest from state retirement funds, starting down a  








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          slippery slope for divesture from other businesses based on  
          principles unrelated to fiduciary responsibility to the  
          retirees. Instead, investment decisions should be made based on  
          sound economic principles. Although the bill uses a creative  
          strategy to get at divestiture, its ultimate goal is for the  
          funds to divest of investments in securitized home rental  
          properties.





          "Furthermore, we oppose setting a precedent for CalPERS and  
          CalSTRS to double check the regulatory compliance of private  
          companies because it has no public policy utility and will be  
          costly. The bill calls for the boards of the retirement funds to  
          evaluate and ensure compliance with fair housing and other laws,  
          and to appoint staff to create a system of oversight and  
          enforcement. California state government has in place mechanisms  
          within its regulatory agencies to enforce these laws."





          Opponents further state, "AB 2283 establishes a rent control  
          mandate, by requiring that before the STRS or PERS Board chooses  
          to invest or reinvest in securitized home rental properties that  
          they ensure that, 'rents are not increased to a level that is  
          inconsistent with the surrounding rental market; that an  
          unreasonable financial burden is not placed on the tenant  
          through unjustly raising rents, and that rents are kept  
          affordable.'   While this provision establishes an alarming  
          precedent, California law - known as the Costa-Hawkins Rental  
          Housing Act - prohibits in the market place this type of mandate  
          on single family homes, condominiums, and new construction built  
          after 1995 (Civil Code Section 1954.50).   This provision is  
          certainly counter to settled public policy.









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          "At the same time, the mandate in AB 2283 that requires STRS and  
          PERS ensure a property management group is in compliance with  
          fair housing, eviction, and general housing maintenance laws is  
          pointless, and the required independent ombudsman is an  
          unnecessary provision. Rental housing management and ownership  
          is highly regulated by federal, state, and local governments,  
          including but not limited to, the California Bureau of Real  
          Estate, the Attorney General, the Fair Employment and Housing  
          Agency, the U.S. Department of Housing and Urban Development,  
          local housing departments, and the courts in general. In  
          addition, consumer rights organizations receive millions of  
          dollars in public funding each year that adds to this  
          enforcement."





          The California Association of Realtors and the San Diego County  
          Apartment Association are opposing the bill unless it is amended  
          to remove all references relating to rent control like concepts.





          Prior/Related Legislation:





          SB 185 (DeLeon), Chapter 605, Statutes of 2015, prohibits  
          CalPERS and CalSTRS from investing in thermal coal companies, as  
          specified.








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          AB 1410 (Nazarian) of 2015 would have prohibited CalPERS and  
          CalSTRS from investing public employee retirement funds in  
          specified investments issued by, owned, controlled, or managed  
          by the government of Turkey.  This bill was held on suspense in  
          the Assembly Appropriations Committee.



          AB 1151 (Feuer), Chapter 441, Statutes of 2011, clarifies that  
          CalPERS and CalSTRS must divest pension funds, as specified,  
          unless to do so would fail to satisfy their fiduciary  
          responsibility.  The law also modifies the types of companies  
          that fall within the Act's scope and requires certain findings  
          and determinations be made in noticed public hearings.





          AB 221 (Anderson), Chapter 671, Statutes of 2007, prohibits  
          CalPERS and CalSTRS from investing in companies that have  
          specified energy or defense-related operations in Iran.





          AB 2941 (Koretz), Chapter 442, Statutes of 2006, prohibits  
          CalPERS and CalSTRS from investing public employee retirement  
          funds in a company with business operations in the Sudan, as  
          specified.


          








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          REGISTERED SUPPORT / OPPOSITION:




          Support


          Tenants Together




          Opposition


          California Apartment Association


          California Association of Realtors (Oppose, unless amended)


          California Chamber of Commerce


          San Diego County Apartment Association (Oppose, unless amended))







          Analysis Prepared by:Karon Green / P.E.,R., & S.S. / (916)  
          319-3957










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