C.A.R. Legislative Update
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This week’s C.A.R. Legislative Update includes information about the following bills and C.A.R.’s positions.
- NEUTRAL: AB 832 COVID-19 Relief: Tenancy: Federal Rental Assistance
- SUPPORT: AB 948 (Holden) Appraiser Discrimination
- OPPOSE UNLESS AMENDED: AB 500 (Ward) California Coastal Resources
AB 832 COVID-19 relief: Tenancy: Federal Rental Assistance- NEUTRAL
The State Legislature introduced AB 832 on Friday which, among other things, allocates additional federal rent relief dollars to the state rental assistance program for housing providers with qualified tenants. Unlike current law, which caps recoupment by housing providers to 80% of back rent owed by qualified tenants, AB 832 ensures housing providers receive 100% of that back rent. Those housing providers who have already received 80% of back rent will receive the remaining 20% automatically.
AB 832 also extends the state’s COVID-19 eviction moratorium through September 30, 2021, while prohibiting cities and counties from adopting stricter eviction moratoria through March 31, 2022. This legislation arrives just after the federal Administration extended the nationwide eviction moratorium through July 31, 2021. Tenant groups had been pushing for an extension of the state eviction moratorium through December 31, 2021.
While C.A.R. recognizes that federal law restricts the state’s use of federal funds to assist only tenants who earn up to 80% of area median income, C.A.R. believes that, given the extended moratorium, housing providers who have tenants who earn above that federal cap who are experiencing pandemic related hardships and are unable to pay their rent should receive rental assistance. C.A.R. has expressed these concerns to the Legislature and is continuing to work to see if state funds can be allocated for such assistance.
C.A.R. is continuing to analyze the various provisions of the bill and C.A.R.’s Legal Department will have a detailed Q&A soon.
AB 832 represents a negotiation between the Administration and Legislative Leadership. The California Apartment Association and other major industry groups are neutral on the measure. Earlier this evening, the Legislature approved AB 832 with solid bipartisan support in both the Assembly and the Senate, and it is anticipated that the Governor will sign the measure into law by Wednesday, June 30.
Additionally, please find below a number of priority bills that will be heard in committee this week.
AB 948 (Holden) Appraiser Discrimination- SUPPORT
This bill requires a purchase agreement in a real estate transaction to inform a seller and buyer of the opportunity to report, through the Department of Consumer Affairs’ internet website or telephone number, any suspicion of a discriminatory appraisal by the holder of a real estate appraiser license. It, furthermore, would require such a notice to be provided by a lender when a buyer is applying for a loan. Finally, the bill will make changes to the fair housing to apply the law to refinancing transactions. C.A.R. staff was involved in working with the Author’s office to help make the bill effective and at the same time ensure it did not delay real estate transactions.
This bill will be heard in the Senate Business, Professions and Economic Development Committee on June 30.
AB 500 (Ward) California Coastal Resources- OPPOSE UNLESS AMENDED
This bill reestablishes the California Coastal Commission’s authority to facilitate the preservation and creation of affordable housing for lower- and moderate-income households in the Coastal Zone. While C.A.R. supports the goal of creating more affordable housing, we are concerned the bill will not accomplish this mission. The Coastal Commission is not the appropriate government agency to review and implement plans that should be automatically approved in line with state law.
C.A.R. will oppose AB 500 until it is amended to make clear that the Commission cannot do anything over and above what the local government has done consistent with state law for low-income individuals. The amendments also make clear that the Commission must approve the plans submitted by local governments, and they must do so within 45 days. They cannot hold the plans and refuse to approve them.
This bill will be heard in the Senate Natural Resources and Water Committee on June 29.
CA DRE Alerts Licensees and Examinees to June 30, 2021 Expiration of COVID-19 Deadline Extensions
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Last year, in response to the COVID-19 pandemic, Governor Gavin Newsom issued four executive orders that extended deadlines for certain DRE licensees and pending applicants. The most recent order, N-83-20, extended some fee payment and license requirement deadlines until June 30, 2021.
That deadline is quickly approaching. Here is the list of Frequently Asked Questions (FAQ) about the orders:
1. What are the four groups affected by Governor Newsom’s Executive Orders and what must be done before the June 30, 2021 deadline.
- The first group affected is those whose DRE four-year license expired on or after April 16, 2020. You have until June 30, 2021 to submit your renewal application, renewal fee, and continuing education (CE) requirements.
- The second group is those whose DRE license rights expired on or after April 16, 2020. Licensees have two years after expiration to renew their license. In cases where that two-year period ended on April 16, 2020 or after, you have until June 30, 2021 to submit your renewal application, late fee, and CE requirements.
- The third group affected is those who are in the two-year window to pass the license exam. For examinees whose two-year window to pass the licensing exam ended on April 16, 2020 or after, you have until June 30, 2021 to schedule your license exam.
- The fourth group is those who have passed their exam, but not applied for their license. For those who passed the exam and whose one-year deadline to apply for a license expired on April 16, 2020 or after, you have until June 30, 2021 to apply for licensure.
Any affected licensee or examinee can make fee payments on time, but will not be penalized if they miss their original deadline, so long as the payment is made by June 30, 2021.
2. What’s the best way to renew my license?
Licensees are strongly encouraged to use DRE’s eLicensing system. The secure system offers expedited processing of salesperson, broker, and officer license renewals 24/7. eLicensing is easy to use, paperless, and interactive.
Licensees simply enter the information needed for license renewal, including the course number and completion date of any required continuing education classes. (All required continuing education must be completely satisfied in order to renew through eLicensing.) Acceptable methods of payment include VISA, MasterCard, and American Express credit cards, or debit cards bearing a VISA or MasterCard logo.
3. Is there anyone who cannot use the eLicensing system?
Yes, eLicensing is not available for either officers renewing after the four-year license expiration date or any restricted licensees. These renewal applications must be submitted by mail to:
Department of Real Estate
P.O. Box 137003
Sacramento, CA 95813-7003
4. What else do I need to know about the June 30, 2021 deadline?
Your renewal is considered on-time if your eLicensing transaction is completed or your mailed application is postmarked before midnight on June 30, 2021. If you mail your renewal on time, Business and Professions Code Section 10156.2 permits you to continue operating under your existing license after its expiration date, unless notified otherwise by the DRE.
5. Will this extension change my expiration date going forward?
No. This will not change your future expiration date. For example, if your license expired on December 31, 2020 and you wait until June 30, 2021 to renew, your next expiration date will still be December 31, 2024. The extension simply applied to the most recent renewal or application period and not the term of your license.
C.A.R.’s Rent Relief Program Toolkit
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Governor Gavin Newsom recently signed legislation to extend the state’s eviction moratorium through September 30, 2021 and clear rent debt for low-income Californians that have suffered economic hardship due to the pandemic.
Under AB 832, California will significantly increase cash assistance to low-income tenants and small landlords under the state’s $5.2 billion rent relief program, making it the largest and most comprehensive COVID rental protection and rent relief program of any state in the nation.
In an agreement forged between the Governor, the Senate and the Assembly, AB 832 increases the value of the reimbursement the state’s emergency rental assistance program provides to now cover 100 percent of past-due and prospective rent payments, as well as utility bills for income-qualified tenants. AB 832 also allows tenants to access rental funds directly if their landlord chooses not to participate and ensures landlords can receive compensation even if their otherwise income-qualified tenants have already vacated a unit.
Governor Newsom, Senate President pro Tempore Toni Atkins and Assembly Speaker Anthony Rendon announced an agreement on the legislation, which also ensures rental assistance dollars stay in California by prioritizing cities and counties with unmet needs and makes temporary reforms to the judicial process to ensure tenants and landlords have attempted to obtain rental assistance.
Privy: Launching Aug. 2
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Privy is a powerful real estate investing software platform that is powered by real time MLS data.
Privy was built by a group of investor focused real estate agents to scale their own business. Instead of being able to work with a handful of investors effectively they used data, software and automation to work with dozens of clients.
Privy automates many the tedious tasks that’s needed to to find, track and analyze deals.
Here’s some of the things Privy can help agents do.
- Help you identify the hottest areas to invest in best off data
- Show you the hundreds of deals that other investors are doing in your market, with before and after data
- Find deals that you can write offers on matching your exact deal criteria using automation.
- Comp properties out in seconds
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