Laws, Regulations & Annotations

Property Taxes Law Guide – Revision 2017
 

Revenue and Taxation Code

Property Taxation

Part 2. Assessment

CHAPTER 1. Taxation Base

Article 1. Taxable and Exempt Property

Section 214.17

214.17. Welfare exemption; low income housing exemption cap. (a) For purposes of this section:

(1) "Total exemption amount limitation" means the exemption amount limitation with respect to a single property or multiple properties that is specified in subparagraph (C) of paragraph (1) of subdivision (g) of Section 214, as that section read before January 1, 2017.

(2) (A) "Qualified property" means property used exclusively for rental housing and related facilities where 90 percent or more of the occupants of the property are lower income households whose rent does not exceed the rent prescribed by Section 50053 of the Health and Safety Code and that qualifies for exemption under Section 214 on the sole basis of this criteria as specified in subparagraph (C) of paragraph (1) of subdivision (g) of Section 214.

(B) "Qualified property" does not include property owned by a limited partnership in which the managing general partner is an eligible nonprofit organization, as described in subparagraph (C) of paragraph (1) of subdivision (g) of Section 214.

(3) "Qualified taxpayer" means a taxpayer subject to the total exemption amount limitation.

(4) "Qualified claim" means a claim for exemption that was filed for a qualified property with the assessor on and after January 1, 2013, and before January 1, 2017, for which the assessor granted a partial exemption.

(5) "Qualified ad valorem tax in excess of the total exemption amount limitation, and related interest or penalty" means that portion of ad valorem tax levied to a qualified taxpayer on qualified property with respect to a single property or multiple properties that does not exceed one hundred thousand dollars ($100,000) of tax, and any interest or penalty imposed with regard to that portion of tax.

(b) (1) Any outstanding qualified ad valorem tax in excess of the total exemption amount limitation, and related interest or penalty, which was levied or imposed on and after January 1, 2013, and before January 1, 2017, with respect to a qualified property for which a qualified claim was filed, shall be canceled to the extent that the amount canceled does not result in a total exemption amount in excess of one hundred thousand dollars ($100,000) of tax being allowed to a qualified taxpayer with respect to a single property or multiple properties that are qualified property for any fiscal year.

(2) On or after January 1, 2017, an escape assessment shall not be levied on qualified property if that amount would be subject to cancellation under paragraph (1).

History.—Added by Stats. 2016, Ch. 836 (SB 996), in effect January 1, 2017.

Note.—Section 4 of Stats. 2016, Ch. 836 (SB 996), provided that the Legislature finds and declares that Section 214.17 fulfills a statewide public purpose because it addresses California’s serious shortage of affordable, decent, safe, and sanitary housing for persons and families of low or moderate income, including the elderly and handicapped, by providing necessary property tax relief for certain tax-exempt organizations so that these tax-exempt organizations can provide this affordable housing for persons and families of low or moderate income.