BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 224
                                                                  Page  1

          Date of Hearing:   July 1, 2009

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Kevin De Leon, Chair

                     SB 224 (Correa) - As Amended:  May 27, 2009 

          Policy Committee:                             Housing and  
          Community Development                         Vote: 6-0

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:              

           SUMMARY  

          This bill makes several changes to the CalHOME program and the  
          California Homeownership Downpayment Assistance Program (CHDAP)  
          funded by voter-approved housing bonds. Specifically, this bill:  
            

          1)Permits local public agencies and nonprofit corporations to  
            make grants of CalHOME funds specifically for the installation  
            or retrofit of ignition resistant exterior components on  
            existing mobilehomes and accessory structures.

          2)Restricts local agencies administering CalHOME program funds  
            from denying funding applications, or applying different  
            underwriting guidelines, to manufactured homes or mobilehomes.  


          3)Prohibits a local public agency and nonprofit corporation from  
            conditioning home rehabilitation funds under CalHOME upon the  
            rehabilitation of additional unrelated home components unless  
            also required under the applicable state building code. 

          4)Allows the California Housing Finance Agency (CalHFA) to  
            permit a downpayment assistance loan to be subordinated to a  
            refinancing if it determines the borrower has demonstrated  
            hardship, subordination is required to avoid foreclosure, and  
            the new loan meets the agency's underwriting requirements.

           FISCAL EFFECT  

          1)No significant impact on state GF costs.









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          2)Possible avoidance of defaults on downpayment assistance loans  
            (supported by bond funds), to the extent that provisions  
            allowing homeowners to retain downpayment assistance loans  
            during mortgage refinancings enable them to avoid foreclosure.
           
          COMMENTS 

           1)Background  .  The CalHOME program provides grants and loans to  
            low income and very-low income individuals to become or remain  
            homeowners. The Department of Housing and Community  
            Development (HCD) administers the program and distributes the  
            funds to local public agencies and private nonprofit  
            corporations that then make loans and grants directly to  
            low-income households.  The grants can be used for homebuyer  
            downpayment assistance, rehabilitation, homebuyer counseling,  
            self-help mortgage assistance programs, or shared housing  
            homeownership.  Loans may be used for the purchase of real  
            property, site development, predevelopment, construction and  
            other expenses incurred to develop homeownership development  
            projects including single family subdivisions.  CalHOME funds  
            can be provided in the form of a forgivable loan to  
            rehabilitate, repair or replace a manufactured or mobilehome. 

            Last year, HCD adopted emergency regulations to require that  
            mobilehomes in specified high wildfire hazard zones be  
            retrofitted with ignition resistant exterior components,  
            including roofs and siding, when those homes are moved or are  
            undergoing renovations that require issuance of a building  
            permit.  Newer mobilehomes already meet this standard.

            CHDAP provides three to five percent downpayment assistance in  
            the form of a second mortgage loan that can be combined with  
            first mortgage loans from CalHFA, the California Department of  
            Veteran Administration (CDVA), or from other sources to assist  
            low-and moderate-income residents in the purchase their first  
            home.  The loan is subordinated to the principal mortgage,  
            meaning that, in the event of a foreclosure, the lender has  
            second claim on proceeds of a foreclosure sale. Under current  
            law, the loan must be fully at the end of the term or when the  
            borrower refinances or sells the property.  The program  
            operates as a revolving loan fund which means that repayments  
            are loaned to new borrowers.
           
            In November 2002, the voters approved Proposition 46 which  
            provided $2.1 billion in general obligation bonds for various  








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            low-and moderate-income housing programs, including CalHOME  
            and CHDAP.  In November 2006, the voters approved Proposition  
            1C, which authorized an additional $2.85 billion in general  
            obligation bonds for numerous affordable housing related  
            programs, including an additional $200 million for the CHDAP  
            program and $300 million for CalHOME.

           2)Purpose  .  The bill is intended to deal with several issues  
            related to the CalHOME and downpayment assistance programs.  
            The provisions related to the CalHOME program are to ensure  
            that that mobilehomes are eligible for CalHOME funds - in  
            particular those needed to upgrade homes with ignition  
            resistant exterior components to meet new HCD fire  
            regulations.

            The provisions related to downpayment assistance are prompted  
            by the current downturn in the housing market and the economy,  
            which have pushed many homeowners to the edge of foreclosure.  
            The author indicates that new federal program guidelines are  
            intended to assist these homeowners in the refinancing of  
            existing mortgage in order to avoid foreclosure. However,  
            current state law requires that downpayment assistance loans  
            must first be paid off before the mortgage loan can be  
            refinanced, making refinancing an impractical option in cases  
            where home values have fallen below the purchase price. CalHFA  
            is sponsoring this provision to give the agency authority to  
            allow a homebuyer to retain the loan and subordinate it to the  
            newly refinanced first mortgage. The authority would be  
            provided in cases where a borrower has a demonstrated hardship  
            and the retention is required to avoid foreclosure on the  
            property.

           3)Proposed amendments  would add an urgency clause and coauthors.

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