BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 2818


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          Date of Hearing:  May 25, 2016


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                               Lorena Gonzalez, Chair


          AB  
          2818 (Chiu) - As Amended May 2, 2016


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          |Policy       |Revenue and Taxation           |Vote:|9 - 0        |
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          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. 









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          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. 








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          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  








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            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  








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            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.








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          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