SB 423: Housing: real property transfer taxes: affordability covenants.

(1)Existing law, the Zenovich-Moscone-Chacon Housing and Home Finance Act, among other things, establishes the Department of Housing and Community Development and requires it to administer various programs intended to promote the development of housing and to provide housing assistance and home loans. Existing law sets forth various general powers of the department in implementing these programs, including authorizing the department to enter into long-term contracts or agreements of up to 30 years for the purpose of servicing loans or grants or enforcing regulatory agreements or other security documents. Existing law creates the California Housing Finance Agency within the Business, Consumer Services, and Housing Agency and authorizes the agency to make loans to finance affordable housing.

This bill would allow a state or local agency administering an affordable housing program to enter into or modify a provision of a regulatory agreement regarding curing an event of default, if prescribed conditions apply. The bill would exempt a regulatory agreement entered into or altered pursuant to its provisions from any conflicting land use restriction, declaration of restrictive covenants, deed restriction, or similar instrument, as provided. The bill would specify that its provisions are not to be construed to supersede any other law governing the foreclosure of deeds of trust or mortgages and the extinguishment of junior interests.

The bill would include findings that these changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.

(2)Existing statutory law, enacted by Proposition 62, as approved by the voters at the November 4, 1986, statewide general election, prohibits a local government or district from imposing any transaction tax or sales tax on the sale of real property within the city, county, or district, except as provided. The California Constitution authorizes cities organized under a charter to make and enforce all ordinances and regulations with respect to municipal affairs, which supersede inconsistent general laws. Existing law, the Documentary Transfer Tax Act, authorizes the imposition of a tax by a county or city, as provided, with respect to specified instruments that transfer specified interests in real property.

This bill would prohibit the City of Los Angeles from imposing a documentary transfer tax greater than a specified rate on a deed, instrument, or writing that conveys real property that was issued its first certificate of occupancy within the previous 15 years, except as provided. The bill would authorize the City of Los Angeles to impose a documentary transfer tax at greater than a specified rate on a deed, instrument, or writing that conveys real property unless the real property is a single-family housing property, as defined, and meets specified conditions, including that the dwelling unit on the single-family housing property was destroyed by a disaster that resulted in a declared local emergency. The bill would make these provisions operative on a specified date, but only if certain conditions are satisfied, as provided.

This bill would make legislative findings and declarations as to the necessity of a special statute for the City of Los Angeles.