BILL ANALYSIS Ó AB 2818 Page 1 Date of Hearing: May 25, 2016 ASSEMBLY COMMITTEE ON APPROPRIATIONS Lorena Gonzalez, Chair AB 2818 (Chiu) - As Amended May 2, 2016 ----------------------------------------------------------------- |Policy |Revenue and Taxation |Vote:|9 - 0 | |Committee: | | | | | | | | | | | | | | ----------------------------------------------------------------- Urgency: No State Mandated Local Program: YesReimbursable: No SUMMARY: This bill modifies how certain homes located on land set aside for low to moderate income (LMI) households are assessed for the purposes of property taxes and extends a welfare exemption for the purposes of property taxation to certain community land trusts (CLTs). Specifically, this bill: 1)Presumes that the assessed value for a home, and the land on which the home is situated for occupation and use by an LMI household, is the purchase price of the home. AB 2818 Page 2 2)Presumes that the assessed value of a home owned by a limited equity housing cooperative (LEHC) and the underlying land on which the home is situated for occupation and use by an LMI household, is the purchase price of the share conveying an exclusive right to occupancy and possession of the home. 3)States that a property is within the welfare exemption provided by Sections 4 and 5 of Article XIII of the California Constitution if the property is owned and operated by a nonprofit corporation otherwise qualifying for the exemption under Revenue and Taxation Code (R&TC) Section 214. The nonprofit must have as one of its primary purposes the creation and maintenance of permanently affordable homes under the following conditions: a) All residences on the land are intended for ownership by a qualified owner to be occupied by LMI households as their primary residence, and the land on which the residence is situated is leased by the nonprofit corporation to the qualified owner for the convenient occupation and use of that residence for a renewable term of 99 years; and, b) The residence is subject to affordability restrictions. 1)Provides, in the case of property not previously designated as open space, that the exemption may not be denied to a property on the basis that the property does not currently include a permanently affordable single-family or multifamily residence in existence or in the course of construction. 2)Provides that the exemption is only applicable to a property for no more than five years from the date any affordability restriction is recorded against the property. AB 2818 Page 3 FISCAL EFFECT: 1)Moderate to significant property tax revenue loss as a result of 1) expanding the welfare exemption to certain CLTs; and 2) the reduced assessed value of CLT-provided homes. The number of CLTs is expanding, and over 1,600 CLT-provided homes are currently under construction or in the planning stages. For example, CLTs are more common in expensive areas in California, like the San Francisco Bay Area and Los Angeles. If in a single year 30 CLT homes were sold to households who had income levels at 80% of the area median income in both Los Angeles and the San Francisco Bay Area, and an additional 30 homes were sold across the rest of the state, estimated property tax losses would be in the range of $336,000, resulting in General Fund costs of approximately $168,000. These costs would grow as CLTs continue to become more common. 2)Unknown but potentially moderate to significant property tax revenue loss due to the extension of the welfare exemption to CLTs during the development process. COMMENTS: 1)Background on Community Land Trusts: CLTs provide an affordable housing model to help low-to-moderate income households that may not otherwise be able to purchase a home. The CLT acquires and develops properties for sale, but retains ownership of the underlying land and leases the land to the homeowner for a nominal fee through a long-term ground lease. The home is therefore more affordable because the homeowner is AB 2818 Page 4 only buying the building and not the land underneath. While a subsidy is often needed to start a CLT, outside funding is no longer necessary once homes are occupied, which provides steady fee revenues, and are resold, which recycles the original subsidy thereby allowing homes to remain permanently affordable. According to the National Community Land Trust Network, virtually all CLT leases pass along the cost of property taxes to the homeowner. The homeowner is either directly assigned to pay property taxes associated with both the home and underlying land, or is directly assigned to pay property taxes associated with the home and then pays any property taxes associated with the underlying land via its lease fee to the CLT. 2)Background on Limited-Equity Housing Cooperatives: Housing co-ops are democratically controlled corporations in which each household owns a share, entitling the member to occupy a unit of housing. The co-op is usually financed through one mortgage that covers the entire property, with members paying monthly carrying charges to cover mortgage payments and operating expenses, including property taxes. Given the similar participatory community-based models of CLTs and LEHCs to provide access to affordable housing for LMI households, it is not uncommon to have LEHC-owned homes situated on CLT-leased land. Although California law specifies that increases in LEHC share prices cannot exceed 10% annually, and any profits from the sale of the co-op as a whole must be dedicated to public or charitable entities, existing law does not specify that ownership is limited to LMI individuals. 3)Assessment of Restricted Homes: Existing law requires every AB 2818 Page 5 assessor to assess property subject to tax at its full value. Generally, private parties cannot reduce the taxable value of their property by imposing private encumbrances on it. This means that for CLTs, the assessed value of the property may include both the land the home, even though the home was sold to a family at a below-market price. As an example: A CLT located in Marin County may sell a home to a family for $300,000 even though the market value of that home, and the underlying property, in the private market would be $1 million. Last year, AB 668 (Gomez) Chapter 698, Statutes of 2015, provided that specified self-imposed private encumbrances could result in assessments of reduced property taxes if the applicable contract is recorded and provided to the assessor. Authorized contracts are limited to those by a non-profit corporation granted a welfare exemption to sell low-income families participating in a special no-interest loan program affordable housing, similar to the model utilized by Habitat for Humanity. As a result, assessors must now consider the non-profit's organization-imposed restrictions when determining a property's assessed valuation. This bill aims to extend the same consideration granted to Habitat for Humanity, via AB 668, to CLTs. In the example of the homeowner in Marin, the homeowner would pay taxes on an assessed value of $300,000 instead of the full value of the property, which is $1 million. 4)Welfare exemption. This bill provides that non-profits with affordable housing models similar to CLTs qualify for the welfare exemption and prohibits the exemption from being denied on the basis that the property does not yet have a housing development in use onsite. The exemption would be effective for five years after affordability restrictions are recorded against the property. AB 2818 Page 6 5)Purpose. According to the author's office, AB 2818 helps address inconsistencies in how homes on CLTs are assessed for the purposes of property taxes. The ongoing affordability of CLT homes relies on the accurate and fair assessment of the home, and the author argues that this bill would achieve this as well as create a uniform standard so that CLTs can receive a property tax exemption when developing additional affordable properties. Analysis Prepared by:Luke Reidenbach / APPR. / (916) 319-2081