BILL ANALYSIS
Senate Appropriations Committee Fiscal Summary
Senator Christine Kehoe, Chair
454 (Lowenthal)
Hearing Date: 01/19/2010 Amended: 12/17/2009
Consultant: Mark McKenzie Policy Vote: T&H 8-0
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BILL SUMMARY: SB 454 would indefinitely extend specified
requirements related to government-subsidized rental housing
programs. Specifically this bill would:
Permanently extend a requirement for the owners of
government-subsidized rental housing to provide notice to
tenants and local governments prior to the expiration or
termination of affordability requirements and conversion to
market rates.
Permanently extend a requirement for owners of affordable
housing to provide limited priority to specified prospective
purchasers who would preserve the affordability restrictions.
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Fiscal Impact (in thousands)
Major Provisions 2010-11 2011-12 2012-13 Fund
HCD administration absorbable costs to approve notice
forms,Special
and compile and maintain lists of
prospective
preservation purchasers
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* Various special funds associated with affordable housing
programs
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STAFF COMMENTS:
Existing law, until January 1, 2011, requires the owner of
government-subsidized affordable rental housing to provide
notice to tenants, local and state governments, and potential
purchasers who would preserve the affordability restrictions.
The owner must provide a first notice at least 12 months prior
to conversion informing recipients of the possibility that the
development will convert, that affordability restrictions may be
lost, whether other governmental assistance will be available to
tenants at the time of conversion, and that the owner will
provide a second notice at least six months prior to conversion.
The second notice must include more detailed information
regarding the date of conversion, current and anticipated rental
rates, a statement of whether the owner intends to participate
in any replacement subsidy program, and specified contact
information for tenants to obtain information about their
rights.
During this one-year notice period, current law also provides
preservation purchasers with limited priority to purchase the
property if the owner is inclined to sell. Prior to or
concurrent with the delivery of the 12-month notice described
above, the owner must notify prospective preservation purchasers
who have contacted the owner directly or who are on a list
maintained by Department of Housing and Community Development
(HCD) of the opportunity to submit a purchase offer. The owner
is not required to accept any offer but may only accept offers
from preservation purchasers for 180 days after the purchase
offer notice. If the owner rejects a purchase offer during this
time,
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SB 454 (Lowenthal)
the owner must give the preservation purchaser who made the
offer an opportunity to match and preempt any offer from a
non-preservation purchaser accepted during the second 180 days
after the purchase offer notice. These requirements and
priorities also apply if an owner seeks to sell or otherwise
dispose of a property that is eligible for conversion in the
next five years.
In general, an owner is exempt from both the notice requirements
and priority purchase provisions if he or she or a successor
owner agrees to retain existing tenants and extend the
affordability of the units for at least 30 years.
SB 454 would eliminate the January 1, 2011 sunset on the notice
and priority purchase provisions. Under these provisions, HCD
is required to: approve the forms used by owners to comply with
the notice requirements; maintain a summary of rights and
obligations of owners, tenants, and other entities with an
interest in preserving affordable housing; and compile,
maintain, and update a list of entities that have an interest in
participating in the right of first refusal program. HCD
indicates that any costs associated with permanently extending
these requirements would be absorbable.