Laws, Regulations & Annotations
Property Taxes Law Guide – Revision 2010
Revenue and Taxation Code
Part 6. Tax Sales
CHAPTER 7. Sale to Private Parties After Deed To State
3692.4. Request for auction; low-income housing. (a) Notwithstanding any other provision of law, any county, city, city and county, or any nonprofit organization as defined in Section 3772.5, may request the tax collector to bring to the next scheduled public auction any residential real property that meets all of the following requirements:
(1) The property taxes have been delinquent for at least three years.
(2) The real property will serve the public benefit of providing housing directly related to low-income persons.
(3) The real property is not occupied by the owner as his or her principal place of residence.
(b) Every request submitted to the tax collector shall include the following:
(1) A formal resolution of the governing board of the county, city, city and county, or nonprofit organization, requesting the accelerated auction of the real property and stating the public benefit.
(2) A written plan for the development, rehabilitation, or proposed use of the real property and how low-income persons will be served.
(c) Upon receiving a request as provided by this section, the tax collector shall include the real property in the next scheduled public auction.
(d) (1) If the real property is acquired by a nonprofit organization at auction, a deed restriction shall be placed on the real property, requiring the real property to be used for low-income housing for a period of at least 30 years.
(2) (A) In lieu of the 30-year restriction required by paragraph (1), the deed may provide for equity sharing upon resale, if the real property is a single-family home that will be sold by the nonprofit organization to a low-income owner-occupant.
(B) To the extent not in conflict with another public funding source or law, all of the following shall apply to an equity-sharing agreement provided for by the deed:
(i) Upon resale by an owner-occupant of the home, the owner-occupant of the home shall retain the market value of any improvements, the downpayment, and his or her proportionate share of appreciation. The nonprofit organization shall recapture any initial subsidy and its proportionate share of appreciation, which shall then be used for the purpose of providing financial assistance to low-income homebuyers.
(ii) For purposes of this subdivision, the initial subsidy shall be equal to the fair market value of the home at the time of initial sale to the low-income owner-occupant minus the initial sale price to the low-income owner-occupant, plus the amount of any downpayment assistance or mortgage assistance. If upon resale by the owner-occupant the market value is lower than the initial market value, then the value at the time of the resale shall be used as the initial market value.
(iii) For purposes of this subdivision, the nonprofit organization's proportionate share of appreciation shall be equal to the ratio of the initial subsidy to the fair market value of the home at the time of initial sale.
(e) This section may not be construed to preclude the application, to the real property or the current owners of that property, of any other provision of law not in conflict with this section.
History.—Added by Stats. 2004, Ch. 923 (SB 1596), in effect January 1, 2005. Amended by Stats. 2005, Ch. 595 (SB 253), in effect January 1, 2006. Stats. 2007, Ch. 340 (AB 1745), in effect January 1, 2008, deleted former paragraph (3) of subdivision (b) which stated that "If the request is from a nonprofit organization, the request shall have a formal resolution of approval from the city council of the city in which the real property is located, or from the board of supervisors of the county if the real property is located in an unincorporated area." and added "at least" after "a period of" in the first sentence of paragraph (1) of subdivision (d). Stats. 2009, Ch. 632 (SB 251), in effect January 1, 2010, substituted "low-income owner-occupant" for "nonprofit organization" after "sale to the" in the first sentence of subdivision (d)(2)(B)(ii).