BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 2175
                                                                  Page  1

          Date of Hearing:   May 7, 2014

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                  Mike Gatto, Chair

                     AB 2175 (Daly) - As Amended:  April 1, 2014

          Policy Committee:                              Revenue &  
          Taxation     Vote:                            6-3

          Urgency:     No                   State Mandated Local Program:  
          Yes    Reimbursable:              No

           SUMMARY  

          This bill establishes the Renter's Tax Assistance Act to provide  
          assistance payments to eligible individuals who rent their  
          principal residences.  In summary, this bill:

          1)Allows a renter with gross household income, after certain  
            specified actual cash expenditures, of $42,588 or less to  
            receive assistance payments based on a percentage or multiple  
            of the applicable statutory property tax equivalent (SPTE).

          2)Stipulates the percentage or multiple applied depends upon the  
            renter's total household income.  Based on the current SPTE of  
            $250, actual assistance payments would range from $250.00 to  
            $347.50.

          3)Requires the Franchise Tax Board (FTB) to adjust annually for  
            inflation the gross household income figures used to qualify  
            for the assistance.

          4)Authorizes the FTB to prescribe by regulation the information  
            necessary to constitute a valid claim; establishes deadlines,  
            extensions, and procedures for renters filing claims.

           FISCAL EFFECT  

          1)Significant costs, potentially in excess of $150,000 to GF,  
            for the FTB to develop new forms, instructions, procedures,  
            and systems programming required to handle a large number of  
            anticipated claimants.

          2)Estimated GF revenue losses of $380 million, $800 million, and  








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            $900 million in each of FY 2014-15, FY 2015-16, and FY  
            2016-17, respectively.

           COMMENTS  

          1)  Purpose.   According to the author, growing numbers of  
            low-income tenants have struggled to make ends meet as the  
            cost of living in California has increased.  The author  
            asserts that homeowners in California receive significant  
            state and federal tax benefits, including the mortgage  
            interest deduction and homeowner's exemption, while renters do  
            not receive any comparable tax benefits.  The author believes  
            it is reasonable to provide renters, who may not be able to  
            purchase a home, with tax relief as well.

          2)  HRA Program.   The Homeowners and Renters Assistance (HRA)  
            program once provided a direct grant to qualifying seniors and  
            disabled individuals.  The program was administered by the FTB  
            and allowed eligible homeowners and renters to receive partial  
            reimbursement of the previous fiscal year's property taxes on  
            a personal residence (such taxes being paid directly by  
            homeowners and indirectly by renters).  Funding for the HRA  
            was suspended indefinitely in 2008.

            The proposed rental assistance program is similar to the  
            defunded HRA program in several ways.  The program provides  
            cash assistance to renters based on the renter's household  
            income, and calculates the assistance based on a similar  
            "property tax equivalent" formula.  The proposed program will  
            also be administered by the FTB in a manner similar to the  
            HRA.  However, while the original HRA program was created to  
            provide assistance to seniors and disabled individuals with  
            certain limited household income, the proposed assistance  
            program would be open to any eligible individual, regardless  
            of age or disability.

          3)  Renter's Credit.   Current law allows eligible renters to  
            reduce their state income tax with a tax credit.  Credit  
            eligibility is determined by the taxpayer's adjusted gross  
            income (AGI) and marital status, and the qualifying AGI level  
            is indexed annually to inflation.  For the 2013 tax year, a  
            credit of $120 is allowed for married taxpayers filing joint  
            returns; heads of household and surviving spouses with an AGI  
            of $73,910 or less; and $60 for other individuals (single or  
            married filing separately) with an AGI of $36,955 or less.








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          4)  Other state and federal programs.   The state and federal  
            government operate a number of housing and rental assistance  
            programs, including housing choice vouchers, Section 8  
            project-based rental assistance, and public housing, many of  
            which were adversely impacted by the federal sequester in  
            2013.

          5)  Effect on rental markets.   The Committee may wish to consider  
            the effects rental subsidies may have on rental markets,  
            particularly a broad-based subsidy of the type proposed in  
            this bill.  Providing a direct rental subsidy may cause  
            landlords to increase rents as their tenants are able to  
            afford an additional $250-350 rent per year, thereby shifting  
            the economic benefit of the subsidy from the renter to the  
            landlord.  This may also have the effect of "crowding" the  
            segment of the rental market for renters near the income  
            qualification threshold, leading to greater competition, and  
            therefore increased rents, for those who earn just above the  
            qualifying income level as well.


           Analysis Prepared by  :    Joel Tashjian / APPR. / (916) 319-2081