BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 477| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- THIRD READING Bill No: SB 477 Author: Leyva (D) Amended: 4/29/15 Vote: 27 SENATE GOVERNANCE & FIN. COMMITTEE: 7-0, 4/22/15 AYES: Hertzberg, Nguyen, Beall, Hernandez, Lara, Moorlach, Pavley SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/28/15 AYES: Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen SUBJECT: Property tax postponement: mobilehomes and floating homes SOURCE: Golden State Manufactured-Home Owners' League DIGEST: This bill adds mobilehomes to the property tax postponement (PTP) program. ANALYSIS: Existing law: 1)Enacts the Senior Citizens and Disabled Citizens Property Tax Postponement Law, which allows the State Controller to pay property taxes to county tax collectors on behalf of individuals over the age of 62 or disabled persons making less than $39,000 in income per year. 2)Requires the Controller to secure repayment of postponed taxes SB 477 Page 2 by recording a lien against the claimant's property, which is satisfied when the home is sold or refinanced. 3)Allows the Controller to pay property taxes for new applicants when liens are satisfied out of sales proceeds. 4)Enacts the following administrative provisions for the PTP program: a) States that the lien secures all sums paying and owing under PTP, b) Provides that the lien is secured when the Controller transfers funds to the county, c) Requires the lien to be evidenced by a notice of lien for property taxes executed by the Controller or his or her authorized delegate, and recorded in the county recorder's office in the county in which the property is located within 14 days of transfer of funds, d) Allows the notice of lien to bear the Controller's facsimile signature, e) Prescribes specified information appear on the lien, and f) Authorizes the Controller to design the form and content of the notice of lien. 5)Directs the Department of Housing and Community Development (HCD) to maintain a title registry for all the state's mobilehomes. This bill: 1)Expands PTP eligibility to include mobilehomes by amending several sections of the Government Code that govern PTP to incorporate mobilehomes, with some modifications. a) Instead of sending the notice of lien to the county, directs the Controller to transmit it to HCD at its Sacramento office, SB 477 Page 3 b) Requires HCD to amend the permanent title record of the mobilehome to reflect that the property taxes have been postponed upon receipt of the lien, c) Requires HCD to provide the Controller with acknowledgement of receipt and amendment of the permanent title lien, d) Additionally requires HCD to impose a moratorium on any other amendments to the permanent title record of the mobilehome for purposes of transferring any ownership interest or transferring or creating any security interest until released or authorized by the Controller, e) Directs the Controller to maintain a record of all properties against which HCD has been notified to withhold transfer of title, including the claimant's name, a description of the mobilehome against which the lien is charged, and the amount secured by the lien, f) Requires the Controller to provide a written statement showing the amount of the obligation secured by the lien on the mobilehome in addition to any other information as will reasonably enable a person or entity to determine the amount that must be paid to the Controller to release or discharge the lien for postponed taxes, similar to traditional homes enrolled in PTP, and g) States that once a notice of lien is filed, the lien attaches to the mobilehome for which taxes have been postponed. 2)Directs the Controller to reduce any obligation amounts by the amount of payment received. 3)Provides that the Controller must release the lien upon satisfaction of all amounts it secures, and direct the tax collector to remove specified information required of PTP properties from the secured roll, and transmit a release of lien to the owners of the mobilehome or the owner's heirs or assigns. Once the owners, heirs, or assigns receive the SB 477 Page 4 release of lien, they must send it to HCD with a $6 fee. 4)Adds "mobilehomes" to the law's definition of "residential dwelling," thereby applying the new higher equity requirement of 40%, compared to the former 20%. 5)States that any real property surrounding the mobilehome necessary for its use as a home is included for purposes of PTP. 6)Provides that the bill's expansion of PTP includes houseboats and floating homes, but excludes them if taxes are already delinquent. 7)States that should the Commission on State Mandates find that this bill constitutes a reimbursable state mandate, reimbursement may be made pursuant to existing statutory provisions. Comments In 2009, due to budgetary constraints, and fewer funds flowing back to the Controller's Office (SCO) as a result of diminishing sales prices, the Legislature prohibited persons from filing new claims under the PTP program, and the Controller from accepting applications (SBX3-8, Ducheny, Chapter 4, Statutes of 2009-10, Third Extraordinary Session). However, the Legislature resuscitated the program last year by removing SBX3-8's prohibition, albeit with tightened eligibility criteria, and a requirement for the SCO to transfer to the General Fund repayments received above a $20 million total (AB 2231, Gordon, Chapter 703, Statutes of 2014). Before 2009, PTP included mobile and manufactured homes in the program, as many low-income persons and seniors live in these homes; however, AB 2231 didn't include mobilehomes in the new program. Advocates for mobile and manufactured homeowners want to expand the PTP program to again include them. The Legislature reestablished PTP last year to benefit many low-income and disabled taxpayers who have difficulty paying their property taxes; however, it didn't provide any additional funds, so the Controller can only pay property taxes with funds SB 477 Page 5 from previous repayments, currently $7 million. While this figure will increase over time, the Controller can't likely meet current demand given the program's lengthy hiatus, so she plans on paying claims out of available funds on a first-come, first-served basis starting this fall. Adding mobilehomes to PTP allows the Controller to help very low-income individuals living in these homes, but doing so again adds to demand without including any additional funds. As a result, the Controller may have to grant fewer applications for homeowners eligible under the current program. Additionally, mobilehomes usually depreciate in value over time, or have no recovery value, which could generate lower repayment amounts, again reducing the number and amount of claims the Controller can grant. The Controller states that the discharge rates for PTP loans (when the state writes off the loan as a loss) is higher for mobilehomes (16%) than for traditional homes (6%). However, mobilehomes haven't traditionally been a large part of the program: constituting only 4% of PTP accounts, and less than 1% of outstanding loans in 2008. FISCAL EFFECT: Appropriation: Yes Fiscal Com.:YesLocal: Yes According to the Senate Appropriations Committee, SB 477 results in unknown expenditures for new PTP loans to mobilehome owners, likely in the range of $150,000 to $200,000 in 2016-17 and 2017-18, decreasing to $75,000 to $125,000 in future years, based on historical demand. SUPPORT: (Verified5/28/15) Golden State Manufactured-Home Owners' League (source) California Assessors' Association Howard Jarvis Taxpayers' Association Western Center on Law and Poverty 20 individuals OPPOSITION: (Verified5/31/15) SB 477 Page 6 Western Manufactured Housing Communities Association ARGUMENTS IN SUPPORT: According to the author, last year, AB 2231 (Gordon) reestablished the PTP Program, which provides property tax assistance to certain lower-income households. However, in reinstating the program, AB 2231 removed mobilehomes from eligibility. This leaves mobilehome owners, many of whom are lower-income seniors and/or disabled, vulnerable to a tax sale of their homes. SB 477 reinstates mobilehome owners as eligible participants in the State PTP Program. This will ensure that low-income disabled persons and seniors who live in mobilehomes are not at risk of losing their homes because of property taxes. The State PTP Program helps ensure that lower-income residents and households in California who cannot meet their taxes do not lose their home to a tax sale. ARGUMENTS IN OPPOSITION: Western Manufactured Housing Communities Association states, "By increasing the scope of the PTP program to include mobilehomes, it's more likely that mobilehome park owners will have to take responsibility for tax-defaullted mobile homes, and have to pay costs to remove them." Prepared by:Colin Grinnell / GOV. & F. / (916) 651-4119 5/31/15 11:40:44 **** END ****