BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 2337
                                                                  Page  1

          Date of Hearing:   May 28, 2010

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                    AB 2337 (Ammiano) - As Amended:  May 6, 2010 

          Policy Committee:                              P.E.R. &  
          S.S.Vote:    4-2

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:              

           SUMMARY  

          This bill prohibits California public pension funds from  
          participating in predatory real estate investment practices  
          related to rent-regulated housing that result in excessive rent  
          increases, the displacement of tenants, or conversion of rent  
          -regulated housing into market rate housing.  Specifically, the  
          bill:

          1)Requires public pension funds to develop, by June 30, 2011, a  
            policy that prohibits the new investment of funds in entities  
            involved in predatory real estate investment practices.

          2)Requires the pension funds, beginning January 1, 2012 and  
            annually thereafter, to report to the Legislature on their  
            compliance with the provision of the rent-regulated housing  
            investment policy, including a statement on all non-compliant  
            investments.

          3)Prohibits an investment manager, making investments materially  
            inconsistent with the non-predatory investment policy, from  
            managing future investments for the pension fund.

          4)Requires the pension funds to adopt a complaint procedure for  
            alleged violations of this policy that can be used by tenants  
            occupying rent-regulated properties acquired with proceeds  
            from the pension funds.
           
           FISCAL EFFECT
           
          Unknown, potentially significant costs to public pension funds  
          to review, monitor, and report on their real estate investment  








                                                                  AB 2337
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          holdings. As an example, CalPERS indicates this bill would  
          result in administrative costs to its fund of about $550,000  
          annually to monitor investments and respond to complaints of  
          tenants of their real estate holdings. 

           COMMENTS
           
           1)Background - pension fund investment policy  .  As amended by  
            Proposition 162, The California Pension Protection Act of  
            1992, California's public retirement systems have "plenary  
            authority and fiduciary responsibility for investment of  
            monies and administration of the system".  The Legislature is  
            permitted, however, 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."
           
          2)Background - CalPERS real estate investment losses  .  This bill  
            relates to major losses on high-risk real private equity real  
            estate investments undertaken by CalPERS during the peak of  
            the real estate boom, some of which involved participation in  
            plans that involved displacement of tenants in rent controlled  
            housing.  Following internal and external reviews of their  
            investment losses, CalPERS adopted a policy on April 18, 2010  
            to prohibit excessive rent increases and the involuntary  
            displacement of low-income households in its private equity  
            real estate investments. The policy applies to future  
            investments and to previous investments insofar as existing  
            contracts permit it. 
           
             The investment prohibition and reporting requirements of this  
            bill are broader than CalPERS' internal policy, in that they  
            apply to  all  real estate holdings in a pension fund's  
            portfolio - including investments, such as Real Estate  
            Investment Truss, where the fund may be a limited participant.  

           
          3)Rationale  . The purpose of the bill is to ensure that public  
            dollars are not used in speculative investments that displace  
            tenants from their homes. The co-sponsors (Tenants Together  
            and The Fair Rent Coalition) argue that predatory equity is a  
            particularly nasty form of real estate investment - a business  
            model premised on abusing tenants. They also assert that  
            predatory equity schemes have not only harmed tenants, but  








                                                                  AB 2337
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            also proved to be bad investments on purely economic terms,  
            noting that CalPERS has lost considerable sums invested in  
            these speculative deals.
           
          4)Opponents  argue that, while the intent of the bill is  
            admirable, the measure could have unintended consequences in  
            terms of creating barriers to legitimate real estate  
            investments in low income housing and hurting  pension funds'  
            rate of returns. CalPERS indicates that the provisions  
            requiring monitoring all investments and responding to all  
            tenant complaints would be time consuming and expensive.
           
          5)Related legislation.  In recent years, the Legislature passed  
            two measures prohibiting particular types of investments.  AB  
            221 (Anderson), Chapter 671, Statutes of 2007, prohibited  
            CalPERS and CalSTRS from investing public employee retirement  
            funds in companies that have specified energy- or  
            defense-related operations in Iran.  AB 2941 (Koretz), Chapter  
            442, Statutes of 2006 prohibited CalPERS and CalSTRS from  
            investing public employee retirement funds in a company with  
            active business operations in the Sudan.

           Analysis Prepared by  :    Brad Williams / APPR. / (916) 319-2081