BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON GOVERNANCE AND FINANCE
                         Senator Robert M. Hertzberg, Chair
                                2015 - 2016  Regular 

                              
          
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          |Bill No:  |SB 434                           |Hearing    | 5/6/15  |
          |          |                                 |Date:      |         |
          |----------+---------------------------------+-----------+---------|
          |Author:   |Allen                            |Tax Levy:  |No       |
          |----------+---------------------------------+-----------+---------|
          |Version:  |2/25/15                          |Fiscal:    |No       |
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          |Consultant|Grinnell                                              |
          |:         |                                                      |
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             MANUFACTURED HOUSING: VEHICLE LICENSE FEE:  PROPERTY TAXATION



          Requires owners of mobilehomes or manufactured homes to request  
          local property taxation when affixing the home to the ground but  
          retaining the original chassis.


           Background and Existing Law

           Section 1 of Article XIII of the California Constitution  
          provides that all property is taxable unless explicitly exempted  
          by the Constitution or federal law.  The Constitution limits the  
          maximum amount of any ad valorem taxes on real property at 1% of  
          full cash value and precludes reassessment unless the property  
          is newly constructed or changes ownership.  

          Mobilehomes and manufactured homes are different than  
          traditional residential properties in California, especially for  
          property tax purposes.  The Department of Housing and Community  
          Development (HCD) maintains a title registry of all mobilehomes  
          and manufactured homes in the state.  Prior to 1980, all  
          mobilehomes paid an in-lieu fee (ILF) to HCD instead of the  
          property tax; however, the Legislature required any mobilehomes  
          sold after July 1, 1980 to pay the property tax as personal  
          property.  Any new mobilehomes sold in the state are  
          automatically placed on the local property tax roll.   
          Additionally, individuals can elect to pay local property taxes  
          instead of paying the ILF by making a request to HCD.  HCD must  







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          inform counties of new registrations, title transfers, and  
          conversions to local property taxation each month.  The  
          difference between the two taxes can be significant: ILF is .65  
          percent of pre-1980 value depreciated according to a statutory  
          schedule, and usually totals between $16 and $80, while the  
          property tax would generally total 1% of its assessed value.    

          A property owner must first obtain a building permit from HCD to  
          install a mobilehome, manufactured home, or modular home on the  
          original foundation.  HCD will only approve new construction  
          that allows the home to be moved on its original chassis, or  
          else, it's subject to local property taxation as personal  
          property.  If HCD approves the permit and grants a certificate  
          of occupancy, it must record a document in the county recorder's  
          office within five days naming the owner of the real property  
          and declaring that the mobilehome, manufactured home, or  
          commercial modular home has been affixed to the real property by  
          installation on a foundation.

          The Los Angeles County Assessor noticed that current mobilehome  
          owners in areas with high land values would tear down a current  
          home, and replace it with a newly built one, while keeping its  
          original steel chassis.  HCD approved these changes, which they  
          now admit was done in error, because these rebuilds are no  
          longer movable on their original chassis.  However, taxpayers  
          have already completed the rebuilds and avoided significant  
          taxes.  The Los Angeles County Assessor wants homes similarly  
          converted in the future to pay the property tax as personal  
          property instead.


           Proposed Law

           Senate Bill 434 requires an owner of a manufactured home or  
          mobilehome currently subject to the vehicle license fee to  
          request a transfer to local property tax when he or she submits  
          building plans to HCD that rebuilds the home in a way that  
          leaves only the chassis of the original home in place.  The  
          measure also makes conforming changes.


           State Revenue Impact

           No estimate.








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           Comments

           1.  Purpose of the bill  .  According to the author, "SB 434  
          addresses an exploitation of tax law by a small but  
          sophisticated subset of mobile home owners. Under current  
          statute, owners of mobile homes first purchased prior to 1980  
          are taxed at a rate of between $16 and $80 annually, because the  
          home is considered a vehicle.  These homes, typically over 35  
          years old and constructed of aluminum siding with a flat roof,  
          are often owned by residents of modest means with fixed incomes.  
           An issue of fairness arises when certain owners choose to  
          entirely and sometimes opulently rebuild their homes, retaining  
          only the steel chassis of the original structure, and nothing  
          else, surrounded by the new foundation, and under the floor of  
          the newly-constructed home.  The savvy owner does this with the  
          sole and explicit intent of narrowly meeting the letter of the  
          law so he or she is still permitted to only pay a nominal  
          vehicle license fee.  Compare this to the case of an average  
          single family home owner, who, when rebuilding his or her house  
          to be essentially the same as new, is reassessed under  
          Proposition 13 guidelines, with the property taxes increasing to  
          an amount relative to the increase in the property's overall  
          value.  As a simple matter of fairness, if a mobile home owner  
          completely rebuilds a pre-1980 structure, SB 434 would require  
          them to pay property taxes like other homeowners instead of a  
          much smaller vehicle license fee.  The bill is not retroactive,  
          and would only impact construction undertaken beginning in 2016.  
           Stripping a 35-year-old mobile home down to the chassis and  
          building a multi-million dollar structure around it, just so the  
          home can be taxed like a vehicle, is dishonest. These homes  
          aren't mobile, nor are they vehicles.  Their owners should pay  
          their fair share of property tax like any other California  
          homeowner."

          2.   Of barn doors  .  The Los Angeles County Assessor states that  
          between 50 and 100 of these conversions occur each year, mostly  
          in areas with high land values, so the revenue impact of the  
          avoided taxes and therefore the incentive to avoid them, is  
          likely significant.  However, HCD admits that the conversions  
          were approved in error, and won't approve similar conversions in  
          the future.  HCD adds that it will only permit changes so long  
          as the footings can be removed and the unit can be moved.  If  








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          HCD addresses the measure administratively, the Committee may  
          wish to consider whether the measure is necessary.

          3.   Rounding up horses  .  SB 434 would provide that whenever HCD  
          receives plans in the future that would rebuild the home in a  
          way that only retains the original chassis; however, those who  
          already received HCD approval and continue to pay the ILF would  
          remain unaffected.  The measure could instead direct assessors  
          to revalue these homes in the next taxable year, requiring these  
          homeowners to pay property tax based on the newly enrolled  
          value.  However, this amendment will likely cause Legislative  
          Counsel to rekey the measure as a 2/3 vote tax increase.

          4.   Honesty  .  SB 434 identifies a tax loophole whereby  
          mobilehome owners grandfathered into VLF taxation significantly  
          improve their homes tax-free, when the assessor would have  
          normally revalued the home as new construction.  The measure  
          relies on HCD's plan approval authority to ensure compliance.   
          When the owner submits the plan, SB 434 requires him or her to  
          change to the local property tax using the voluntary conversion  
          section of law.  This solution presumes a great deal of honesty  
          by the taxpayer, as he or she will likely forego thousands of  
          dollars in tax savings when requesting conversion.  Instead, the  
          measure should require HCD to convert the homes automatically,  
          relying on provisions in existing law requiring the department  
          to inform counties of properties the bill converts to property  
          tax.  However, directing HCD to do so may cause Legislative  
          Counsel to rekey the measure as fiscal.

          5.   Personal, not real  .  Unlike other homes, mobilehomes and  
          manufactured homes are treated as personal property by statute.   
           This treatment accounts for mobilehome and manufactured general  
          tendency to depreciate in value, unlike other homes that usually  
          appreciate, which assessors value as real property subject to a  
          total rate of 1% and limits on reassessment.  To provide  
          additional clarity, the Committee may wish to consider amending  
          SB 434 to make a conforming change to Revenue and Taxation Code  
          sections regarding manufactured homes to ensure that any  
          property transferred to local property taxation by SB 434 is  
          taxed as personal, not real, property.


           Support and  
          Opposition   (4/23/15)








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           Support  :  California Assessors' Association; Los Angeles County  
          Assessor Jeffrey Prang; Los Angeles County Board of Supervisors.


           Opposition  :  Unknown.



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