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Legislative Corner

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LEGISLATIVE CORNER

November elections yield positive results for property owners

C.A.R. Proposition 19 Initiative passes by narrow margin; additional real estate related State ballot measures reflect negative public sentiment towards rent control and increased business property taxes; voters approve County and local sales and business taxes. City Council representation results mixed.

2020 STATE BALLOT MEASURES:

PROP 15 FAILS

No: 52%  |  Yes: 48%

Voters reject Split Roll Tax Measure to increase taxes on small businesses  and commercial property owners

Proposition 15 would have provide $6.5B to $11.5B in new funding for public schools, community colleges and local government services by creating a “split roll” system that increases taxes on large commercial properties by assessing them at market value without changing property taxes for small business owners or renters. The measure failed by a small margin of about four percentage points.

PROP 19 Passes

Yes: 51.5%  |  No: 48.9%

Voters approve C.A.R. Initiative for property tax transfers, exemptions and revenue for wildfire agencies 1

Proposition 19 passed with just over 51% of the vote. As passed, the proposition would increase property tax burden on owners of inherited property in favor of providing expanded property tax benefits to homeowners ages 55 years and older, disabled homeowners and victims of wildfires and natural disasters.

| PROP 19 LEGAL Q&A >

| PROP 19 QUICK GUIDE >

prop 21 FAILS

No: 59.8%  |  Yes: 40.3%

Prohibits local governments from imposing rent control on variety of housing units2

If approved, Proposition 21 would have allowed local governments to establish rent control on residential properties that have been occupied for over 15 years and allow landlords who own no more than two homes to exempt themselves from such policies. This would have essentially repealed some of the provisions in the ’95 Costa-Hawkins Rental Housing Act. Prop 21 was rejected by 60% of California voters.

COUNTY | CITY BALLOT MEASURES:

CONTRA COSTA MEASURE X PASSES: 58.45% | 41.55%

Measure X will levy a 1/2-cent sales tax to help fund the County General Fund. Stated use of funds include hospitals and community health centers, fire and emergency response, early childhood and essential county services. 

CONCORD MEASURE V PASSES: 50.47% | 49.53%

Measure V extends and increases voter-approved sales tax from 0.5% to 1% to help bolster Concord’s General Fund. Funds designated for emergency/disaster response and preparedness, supporting local businesses through recovery, street repair, crime prevention, homelessness and other City services. 

ORINDA MEASURE R PASSES: 58.74% | 41.29%

Measure R will extend/increase voter-approved sales tax from 0.25% to 0.5% to boost City’s General Fund. Funds will be used for street maintenance, storm drain repair, and emergency/disaster preparedness. 

RICHMOND MEASURE U PASSES: 72.53% | 27.47%

Measure U will restructure the City’s Business License Tax calculation method from a per employee tax to a gross receipts tax. 

SAN PABLO MEASURE S PASSES: 79.19% | 20.81%

Measure S will extend a voter-approved sales tax that passed in 2012 known as Measure Q which will revert a temporary sales tax back to a 1/2-cent (total rate of 8.75%) for five years, then be reduced by 1/4-cent (8.5%) for the next five years, then terminated after 10 years. It will not increase local taxes beyond what was originally approved as Measure Q.

RAF-O-METER

RAF contributions

Help us reach our CCAR goal: 21%.
Contributions can be as little as $20. Your return on investment will be priceless.
| CONTRIBUTE TODAY  >

LOCAL REPRESENTATION SUMMARY

| FOR DETAILS CLICK HERE >

CONTRA COSTA

Federal Glover, Incumbent

Supervisor, District 5

CLAYTON

City Council (3 seats):

Jim Diaz, Incumbent

Peter Cloven

Leticia ‘Holly’ Tillman

CONCORD

City Council:

Dist 2: Carlyn Obringer,

Incumbent

Dist 4: Ed Birsan

Incumbent (unapposed)

DANVILLE

Town Council:

Newell Arnerich, Incumbent

Renee Morgan, Incumbent

Dave Fong

EL CERRITO

City Council (3 seats):

Lisa Motoyama

Paul Fadeli, Incumbent

Tessa Rudnick

HERCULES

City Council (3 seats):

Alexander Walker-Griffin

Dan Romero, Incumbent

Tiffany Grimsley

LAFAYETTE

City Council (3 seats):

Cameron Burks, Incumbent

Carl Anduri

Gina Dawson

MARTINEZ

City Council:

Dist 2: Mark Ross,

Incumbent

Dist 3: Brianne Zorn

MORAGA

Town Council:

Renata Sos, Incumbent

David Stromberg

Teresa Onoda

ORINDA

City Council (2 seats):

Darlene Gee, Incumbent

Inga Miller, Incumbent

PINOLE

City Council (2 seats):

Devin Murphy

Maureen Toms

RICHMOND

City Council:

Dist 1: Melvin Wills,

Incumbent

Dist 5: Gayle McLaughlin

Dist 6: Claudia Jimenez

SAN PABLO

City Council (3 seats):

Patricia Ponce

Arturo Cruz, Incumbent

Abel Pineda, Incumbent

SAN RAMON

City Council:

Mayor: David Hudson

Dist 1: Scott Perkins

Dist 3: Sridhar Verose

WALNUT CREEK

City Council (3 seats):

Kevin Wilk, Incumbent

Cindy Darling

Loella Haskew, Incumbent

| govt. affairs ARCHIVE

CONTACT:

OCT 2020 | With election season comes a race for space to post signage. Be sure to familiarize yourself with local laws pertaining to sign placement, which may differ in every city. Illegal sign placement may result in onerous legislation that could severely restrict all signage privileges. | REVIEW CITY SIGN ORDINANCES >

PROTECTING PRIVATE PROPERTY RIGHTS  |  One of the most important services organized real estate provides members and consumers is representation in the halls of government. The REALTOR Action Fund (RAF), supported solely by REALTOR contributions, raises money to advance the goals of political action committees (PACs) supporting real estate at the local, state and federal levels of government.  | LEARN MORE >

Heather Schiffman photo

HEATHER SCHIFFMAN

Director, Government Affairs

[email protected]

2020 lgr committee:

Debi Mackey, Chair

Henry Giovannetti

Leslie Manzone

Greg Souza

Tyra Wright

Government Advocacy: Your Lifeline to Prosperity

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realtor action fund logo

Now more than ever, Association membership is vital to your business; your dues and RAF contributions are yielding concrete benefits in real time enabling you to conduct business during a national public health crisis that has immobilized millions.

Throughout the past several months, CCAR, C.A.R. and NAR have been hard at work helping to keep your businesses alive and viable during the COVID-19 crisis. Among the outstanding achievements accomplished on your behalf during this shelter-in-place-era include the landmark coup at the county, state and national levels to establish residential real estate as an “Essential Service”.

Without the powerful influence and daily work of your Association government advocacy teams—the core service at the heart of your trade association benefits package—your business might still be shut down due to COVID-19. As a result of the dedicated campaign forged on your behalf to raise awareness and educate government officials about the critical necessity of residential real estate, CCAR, C.A.R. and NAR have opened up a lifeline between government authority and your industry.

Government Advocacy Victories

Following are some examples of your association dues at work to support your business:

CCAR Victories

  • Real Estate as Essential Business Classification
 
  • Property Viewing Authorization
 
  • Ongoing education/outreach to influence COVID-19 decision-making and legislation

Education Opportunities

The entire local, State and National REALTOR® Association network has created a dynamic program of services to meet your special needs during the COVID-19 pandemic. Powered by virtual technology, CCAR continues to offer a comprehensive education curriculum and provide uninterrupted membership benefits and services.

>  CCAR Education Calendar > 
>  C.A.R. Education Offerings > 
>  NAR Education Offerings > 

C.A.R. Victories

  • AB 2406 (Wicks) Statewide Rental Registry – C.A.R. opposed this measure as it sought to establish an expansive statewide one-size-fits-all mandate. It did not advance out of the Assembly Appropriations Committee and will not be moving forward this year.
  • AB 1905 (Chiu) Housing & Homeless Response Fund: Personal Income Taxation: Mortgage Interest Deduction – C.A.R. opposition efforts effectively killed this measure in the in the Assembly Housing and Community Development Committee.
  • SB 939 (Wiener) Emergencies: COVID-19: Commercial Tenancies: Evictions – C.A.R. opposition efforts successfully derailed this measure in the Senate Appropriations Committee and it will not be moving forward.
  • AB 2501 (Limon) COVID-19: Homeowner, Tenant, And Consumer Relief – C.A.R. is opposed to this measure as it may create negative effects on current and prospective homeowners and places onerous requirements for rental property owners and poses disastrous effects on tenants. AB 2501 was defeated on the Assembly Floor this week.
  • ACA 11 (Mullin) The Home Protection for Seniors, Severely Disabled, Families, and Victims of Wildfire or Natural Disasters Act – C.A.R. successfully influenced the passing of this enhanced measure in both legislative houses. It will replace C.A.R.’s original initiative on the ballot, strengthening the provisions and dedicated funding for fire protection and emergency response to safeguard communities across the state.

        See all recent C.A.R. legislative victories >

NAR Victories

  • Real estate “Essential Service” business classification
  • Self-employment
    protections and assistance
  • IRS protections/deadline delays for commercial real estate
  • Mortgage and rental forbearance and relief packages
  • Loans for independent contractors/ small businesses

See more details about NAR’s advocacy work during COVID-19 >

Contribute!

You can help influence future legislative action by contributing to the RAF – Realtor Action Fund >

July 2019 | City Updates

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CONCORD

Residential Rent Review Program Modification

Tenant Relo Assistance

Just Cause Eviction

EL CERRITO

Just Cause Eviction

Rent Registry

City of Concord

In May, the City of Concord’s Ad-Hoc Committee on Rental Housing published a draft report that was discussed at a public community meeting held May 29th. All Concord citizens and the business community wer invited to attend to issue opinions, questions and concerns. 

The proposal from the Ad-Hoc Committee included some of the following:

  • Modification to the Residential Rent Review Program – Mandating participation by landlords for any rent increase greater than 5% in front of an Administrative Law Judge.
  • Relocation Assistance for Tenants – Requiring landlords to pay up to three months’ worth of rent, determined by the monthly average rent based on the unit size (established annually by the City), if a lease is not renewed.
  • Just Cause Eviction –Would require property owners to give reason as to why a lease was not renewed and limits property owner’s ability provide safe housing/community for all residents. This would encompass all properties in Concord, including single-family homes.

Nothing was off the table, including Rent Control and a Rent Moratorium.

However, on June 19th at a Special City Council Meeting, the City Council received and listened to five hours of public comment regarding the recommendations from the Concord Ad-Hoc Committee on Rental Housing.  Unlike the public meeting that occurred in May, this meeting consisted of the full council to discuss and provide staff direction on items brought forward by the Ad-Hoc Committee.

The following items will be either studied and/or brought back for review at a future council meeting, yet to be set. 

Some of the council members made it clear, that while some of these items may come back, they may not garner majority vote of the council for final approval.

4.1 – Modify Residential Rent Review Program: Majority of the council stated they would like staff to study adding an Administrative Law Judge (ALJ) and binding mediation with a threshold of 7% +CPI. While two council members would prefer to see if lower than 7% + CPI, it was made clear last night that no matter what the Council approves in the end, it is not set in stone and can always be changed with a Majority vote of the council at a future date. There was also discussion by the council that this program would be based on Landlord notification and not Tenant complaints.

4.2 – Extend Property Owner Notice Requirements: California Apartment Association notified the Council via public letter, that this recommendation is illegal and has caselaw they can share.  However, the council did request that staff check if there would be a problem for the City to require extending the period of notice of termination, specifically for seniors and disabled tenants.

4.3 – Relocation Assistance for Tenants: Relocation Assistance for Tenants – At least two and possibly three council members do not currently support 4.3 as written.  Therefore, there was an agreement for staff to gather more information regarding relocation for the council to review.  It was clearly stated that not all are sold on the idea of relocation assistance.

4.4 – Just Cause Eviction: There were not enough votes for this item to move forward.

4.5 – Minimum Term Lease, 4.6 – Land Trust/Preserve Long Term Affordability, 4.7 – Support Housing Legislation at State Level, and 4.8 – City Communication re: Affordable Housing: There was consensus by council to approve the above items.

As mentioned earlier City staff has not set a date as to when these items will be coming back to Council.

For more information on the Ad-Hoc Committee recommendations, view the full report at: https://www.cityofconcord.org/758/Rental-Housing-Ad-Hoc-Committee.

 

City of el cerrito

Just Cause Eviction Update

Over the past year, CCAR and the Contra Costa Chapter of the California Apartment Association have been meeting with City Council and working with City staff to keep Rent Stabilization and Just Cause Eviction at bay. However, on May 21st, the El Cerrito City Council approved final language for a Rent Registry and Just Cause Eviction ordinance.

Per the City, the sole purpose of the Rent Registry is to gather data to measure what is occurring as it relates to tenant evictions and rent increases. By now, many property owners have received paperwork with their Business License Tax Renewal notice, notifying them that they will need to register all their rental properties with the City and pay a fee of $44/unit. This ordinance includes all property types and size.

The Just Cause Eviction Ordinance that was passed targets 5+ units; exempting 4 units and less (including single family homes), along with any development built after 2016, allowing for protections for new or future development. This ordinance was scheduled to go into effect on Friday, June 21st.  

On June 17th a referendum to repeal the Just Cause Eviction Ordinance has been filed with the City of El Cerrito. There were nearly 2,200 signatures gathered and presented to the City Clerk and only 1,631 signatures were needed to qualify the referendum. Since then, the City has delivered the petitions to the Contra Costa County Registrar of Voters to verify the signatures, in which they have 30 days to do so.

As mentioned, the Just Cause Eviction Ordinance was scheduled to take effect this Friday, June 21st. However, as of June 27, 2019, CAA Contra Costa Chapter received word that we received a Certificate of Petition from the City of El Cerrito, stating that the County Registrar has completed the verification process and has exceeded the required valid signatures to qualify for the referendum of the Just Cause Eviction Ordinance. That means the Just Cause Ordinance is suspended! 

As required by State law, the El Cerrito City Council will certify the results at their next regularly schedule council meeting, which will be held on Tuesday, July 16, 2019.

After the City Council certifies the results, they have one of the three following options:

  • Repeal the ordinance
  • Order a special election at least 88 days in the future
  • Order the item go to the voters during the next regularly scheduled municipal election – November 2020.

Thanks to all those who participated in the referendum.

CONTACT:

Heather Schiffman

CCAR Government Affairs Director

(925) 295-9232

[email protected]

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Leg Day – May 2, 2018

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Leg Day – May 2, 2018

Once a year, REALTORS® from all over the State gather in Sacramento to meet directly with their Legislators
and discuss the important issues impacting real estate in California.

THIS IS OUR TIME! • THIS IS OUR MOMENT! • WE CAN’T DO IT WITHOUT YOU! • JOIN US!

9-11AM:

  • GENERAL SESSION
  • POLITICAL BRIEFING

Featuring Governor Jerry Brown

NOON:

  • LUNCH (RSVP REQUIRED)

Hosted lunch featuring DRE Commissioner
Wayne Bell will be provided for
CCAR Members who RSVP.

AFTERNOON MEETINGS WITH
YOUR CALIFORNIA LEGISLATORS

  • State Senator Steve Glazer
  • State Senator Nancy Skinner
  • State Senator Bill Dodd
  • Assemblymember Tim Grayson
  • Assemblymember Catherine Baker
  • Assemblymember Tony Thurmond
5:30-7PM – CAPITOL RECEPTION
For $148 RAF and Major Contributors to mingle with
C.A.R. Leadership and Elected Officials.
Check the box on the form if you would like to contribute $148 to the REALTOR® Action Fund (RAF).

CARPOOLS
Mileage, tolls, and parking will be paid for cars with three
or more passengers. Following the event, the driver will be responsible for providing names of passengers and receipts to [email protected].

GET INVOLVED NOW! Download the Leg Day Flyer

Community Service – Pinole Balcony Ordinance

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CCAR Works with City of Pinole on POS Balcony Ordinance
The City of Pinole initially introduced the ordinance language on May 2, 2017, notifying CCAR that the ordinance would be for the sole purpose of disclosing and recommending that homeowners conduct an inspections of any balcony on the property prior to close of escrow.

However, the ordinance language as it was written would have held up the transaction in escrow and included an addition to the rental inspection program providing City Staff the ability to inform the unit owner of a periodic balcony inspection that would need to be conducted by a licensed general contractor, structural pest control licensee, licensed architect, or licensed engineer.

During the May 16, 2017 council meeting, a representative of the Board of Directors attended and presented to the Council portions of the ordinance that would in fact hold up the transaction, causing the City Council to pull the item from the consent calendar and hold a discussion.

Prior to the next council meeting members of the CCAR Board of Directors and the Government Affairs Department met with each City Councilmember, Mayor and City Attorney separately to discuss the ordinance and its language. Because of these meetings and the City Council’s willingness to hear from CCAR, the ordinance language was modified to not hold up the transaction process. However, while the Council made the recommended changes to the point of sale portion of the ordinance, they were not willing to remove the rental inspection addition at this time.

The Forms Committee is in the process of adding language to the CCAR Disclaimer and Disclosure Advisory and the City of Pinole Addendum which will be made available to membership upon approval.

Should you have any questions regarding this ordinance, please contact your Government Affairs Director, Heather Schiffman at 925.295.9232 or at [email protected].