STOP California's Legislature from Taxing Families
out of Homeownership

PSAR OPPOSES Senate Bill 1105 (Hueso) and Senate Bill 679 (Kamlager) each of which creates an unelected agency with the power to impose a range of new property taxes.  Those taxes would make keeping and getting into a home more expensive and difficult, potentially taxing people out of their homes and pushing homeownership out of reach for many of California's working families. Homeowners need YOUR help to STOP these bills!  Please ask your clients to TAKE ACTION NOW!

SB 1105 grants vast, unchecked, taxing and bonding authority to an unelected Housing Agency Board in San Diego which would consist of 6 appointed representatives, serving 4-year terms that can by resolution, or initiative, impose: 

• special taxes on real property,
• a parcel tax,
• a gross receipts business license tax,
• a special business tax,
• a documentary transfer tax,
• a special land value windfall tax, or
• a commercial linkage fee.

The proposed Agency requires revenues generated to assist in the construction of housing broadly defined. Revenue could go to large developers of rental homes and no restrictions on the agency purchasing single-family homes which could then further limit the opportunities for home ownership. The costs of solving California’s housing problems should not be placed on working Californians struggling to stay afloat and keep their homes in a tough economic environment, especially when there is a 97 billion dollar state surplus.
 
Similar to SB 1105, SB 679 would establish a local Housing Agency in LA with a 19-member “governing board” to raise revenues through: 

• a parcel tax
• gross receipts business license tax
• a document transfer tax, or
• the issuance of bonds to fund affordable housing preservation (acquiring, rehabilitating, deed restricting, etc.).

Here’s how you can help:
  
Ask your clients, friends, and family to TAKE ACTION and continue posting on social media!

We are stronger together, and your voice will help us defeat SB 1105 and SB 679.

For questions, please contact realtorparty@car.org. 

Members of the Pacific Southwest Association of REALTORS^® (PSAR) made a powerful statement for property rights on behalf of housing providers while attending a recent Chula Vista City Council meeting where the subject of a new rent control ordinance was on the docket.

The City Council was considering an aggressive and overreaching ordinance that imposes additional regulations on housing providers. The controversial proposal, if passed, would negatively impact new housing creation by tightening restrictions on remodeling, owner move-ins and rental unit withdrawals, as well as expanding noticing and relocation assistance requirements.

Following over five hours of public comments, including testimony from many PSAR members, the City Council tabled a vote on the proposed ordinance, titled the “Residential Landlord and Tenant Provisions.” The Council stated that more data on the topic and potential language revisions are needed.

The actions taken by PSAR members were considered invaluable in the successful effort to prevent the Council from implementing an ordinance that would exacerbate the housing crisis. A revised version of the ordinance is expected to be considered by the City Council at a July 12 session.

Among the PSAR members who spoke at the May 17 city council meeting: Pat Russiano, Mike Campbell, Mark Scott, Nikki Coppa, Rich D'Ascoli, Yvonne Cromer, Robert Cromer, Mitch Thompson, George Ching, Eric Sutton, Peter Carlseen, Sam Calvano, Lupe Soto, Earl Jentz, Myllissa McCann and Josh Morales.

Richard D’Ascoli, PSAR CEO, stated in his testimony, “Most housing providers and owners are good people and most renters are good people. This extreme ordinance will punish every homeowner who may want to rent out a home and every renter who can’t find a place to rent.”

D’Ascoli cited a city staff report that included information from the Legal Aid Society of San Diego. According to the data, “no-fault” eviction disputes involve fewer than .27 percent of the 33,000 rental homes in Chula Vista annually, pointing to a much smaller issue.

The number of evictions totaled 13 in March, three in February, and seven in January. “Shouldn’t we help those 13 households rather than impact 33,000 rental units?” D’Ascoli asked. “Most housing providers are good actors, it’s the few we need to address. Let’s focus on them and not punish the entire city.”

D’Ascoli identified the long-term ramifications of the proposed ordinance: “Rent control and similar market restrictions will discourage the creation, maintenance, and upgrade of rental housing stock. This ordinance will discourage additional rehab and negatively impact the low-income renters the provisions were intended to serve. This ordinance also will reduce the value of properties in Chula Vista, compared to similar properties in other cities. Prudent property owners will choose to buy or build in areas with less cost and regulatory risk.

“Chula Vista will stagnate as the incentive to replacing aging, smaller complexes with upgraded, more dense buildings will no longer exist. Owners of single-family rental homes will either sell to national real estate investment trusts or they will sell to new owner-occupants. Available rental stock will decrease. Prices for renters will increase because supply will continue to be highly restricted. Also worrisome is the provision that anyone who violates any part of this law could be charged with a crime and sent to jail for up to six months.”

Other speakers from PSAR made the following points:

-- Burdensome regulations will result in less available housing, not more. This ordinance adds to the regulatory burden.
-- Provisions in the ordinance meant to prevent harassment of tenants would deter property owners from dealing with nuisance tenants.
-- Added renovation regulations would deter owners from upgrading rental properties, thus hurting tenants and surrounding neighborhoods.
-- The ordinance would create new, vague “anti-harassment” rules regulating landlord-tenant interaction, expanded notification requirements of up to 365 days, and higher relocation payments.
-- Landlords would be required to offer evicted renters, even if those renters caused property damage, the first right of refusal to move back in after a renovation.
-- The state of California recently enacted protections for tenants with AB 1482. That law provides sufficient regulation of landlord-tenant relationships.

Coalition partners with PSAR on the proposed Chula Vista ordinance included the Southern California Rental Housing Association (SCRHA) and the San Diego Association of REALTORS® (SDAR).

More Articles and News Coverage

Renters, Landlords at Odds Over Proposed No-Fault Eviction Proposal - Mitch Thompson shows new appliances as part of remodeling efforts. KPBS-TV, 05/17/2022.

Chula Vista City Council Postpones Eviction Moratorium Protection Vote - No decision after more than five hours of public comments and postponement until July 12. KPBS-TV, 05/18/2022.

Chula Vista City Council Considers Controversial Tenant Protection Ordinance - PSAR board member Jason Lopez explains the proposal is a solution looking for a problem. KUSI-TV, 05/18/2022.

Chula Vista Considers Ordinance Strengthening Protections for Tenants - PSAR 2022 President Max Zaker and PSAR member Mitch Thompson tell NBC 7 how the proposal would actually hurt tenants. KNSD-TV NBC 7 San Diego, 05/16/2022.

Chula Vista Council Hears from Over 50 Speakers - The meeting lasted for hours as landlords say the proposed ordinance would force them to sell their properties. KGTV-TV 10News, 05/17/2022.

Decision Postponed on Controversial Renters' Protections - Quote from PSAR CEO Rich D'Ascoli: "...An ordinance that is overreaching..." KFMB-TV, CBS8, 05/18/2022.

Please remember to vote on (or before) June 7th.  All California active registered voters received a vote-by-mail ballot.  For more information on your voting options, Click Here.  

Candidate Guide

PSAR is a non-partisan organization.  PSAR Members, and the clients they serve, run the gamut of the political spectrum.  However, they are united in their mission to protect private property rights and promote homeownership.  That mission is core to PSAR's Government Affairs Committee.    

The Government Affairs Committee received requests to provide recommendations on the candidates running in the races listed below.  After vetting the positions of the candidates on issues that impact private property rights and homeownership, the committee determined that, among likely candidates, the following candidates are most inclined to promote private property rights and homeownership if elected to the offices they seek:

County Assessor/Recorder/Clerk,(For General Election in November)     Jordan Marks	80th Assembly District: David Alvarez	38th Senate District: Brian Jones
Chula Vista Mayor:  John McCann	Chula Vista Mayor: Jill Galvez	Chula Vista Mayor: Rudy Ramirez
Chula Vista City Attorney: John Moot	Chula Vista City Council District 1: Robert Cromer

Once again, please remember to vote!

There is a critical shortage of housing inventory. An excessive amount of red tape helped cause that shortage. Now, the City of Chula Vista is considering additional regulations on Housing Providers.

The proposed "Residential Landlord and Tenant Provisions" will impose the following:

• Regulations that make substantial remodels, owner move-ins, and withdrawal from the rental market more difficult by adding stricter noticing requirements and relocation assistance requirements.
• The creation of laws that allows for civil action and damages of $1,000-5,000 per violation per day.
• The criminalization of any violation of the ordinance and the creation of fines in the thousands of dollars.

Mayor Mary Salas requested the creation of this ordinance in response to calls from tenant and rent control advocates. Unfortunately, the unintended consequences of this ordinance would end up harming tenants as well.

The unintended consequences of this ordinance will include the following:

• The added difficulties of being a housing provider in Chula Vista will discourage the creation of much needed additional housing. This will hurt all of us, including those who would have a much harder time finding a place to rent. 
• The added difficulties of undertaking substantial renovations would deter owners from upgrading unsightly buildings. This hurts the tenants who would live there and the livability of the surrounding communities. 
• Provisions in the ordinance meant to prevent harassment of tenants would actually deter property owners from dealing with tenants who cause nuisances. This would hurt the tenants and all neighbors who live nearby and would have to deal with the nuisances.

It is well established that when you add regulation to something, you get less of it. We need more housing, not less. The State of California has recently enacted protections for tenants by enacting AB 1482. If there are problems for tenants, the City could focus on finding better ways to enforce existing laws, rather than adding more regulations that will negatively impact our already scarce housing supply.

Please send an eComment to the City stating your opposition to this misguided ordinance by clicking on the button below, and then clicking on the "Leave Comment" button:

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Not sure which Councilmember represents your neighborhood?  See below.

Questions remain about the City of San Diego’s pending ‘No-Fault Eviction' Moratorium.

On April 4th, after almost six hours of public testimony which included comments from PSAR volunteers and members, the city council passed the ‘No-Fault Eviction' Moratorium ordinance. The ordinance must come back for a second reading a month after the first reading and will go into effect 30 days after final approval.

Thanks to the efforts of PSAR and our colleagues, the original ordinance was amended to include an end date or sunset on September 30, 2022 (or 60 days after the end of the local emergency) whichever is sooner.  Realtors are wondering about how this ordinance will impact property owners who want to sell.

• No termination of tenancy is allowed for a substantial remodel unless mandated by the government or court order.
• Owners who wish to move into their homes or move in family members will have to serve a 90-day notice to terminate the tenancy. An immediate family member is limited to a parent, child, grandparent, and grandchild.

Property owners who wish to terminate a tenancy in order to withdraw units from the rental market, this includes selling a home, must provide a 6-month notice.

The ordinance is likely to receive final approval next month and it will cause unintended consequences. Additionally, some of the language is vague and confusing. Once the ordinance is finalized, PSAR will schedule legal counsel to brief our members on its impact. PSAR will continue to review the ordinance and is prepared to challenge it again at the second reading.

Before working with a client to terminate a tenancy, it is important to speak with your broker and legal counsel. This ordinance will put many owners in difficult positions.

A copy of the proposed ordinance may be found here.

This web page item #200 has links to the PowerPoint and backup information for a deeper dive.

Real estate professionals need to exercise their right to vote in the upcoming election. Every vote counts!

80% of REALTORS® are registered to vote, but we can do better! Join the effort and become an active participant in the political process … REGISTER TO VOTE. 

Politicians are making decisions that affect your business. Make sure that your voice is heard before decisions are made in Washington, California, and in San Diego County.

When REALTORS® vote, elected officials notice. Registering to vote is easy, but you must act quickly! If you are not already registered to vote, you can download a registration form here - www.realtorsvote.org

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PSAR Government Affairs (GA) Committee members were recently asked about the importance of voting. Below are their comments (names appear in alphabetical order, some quotes were edited for clarity).

“Our committee is made up of Republicans, Democrats, Independents, and others. We research, conduct interviews, review questionnaires, and our decisions are primarily based upon the notion of property rights, expanding homeownership, rights of tenants, and the rights of owners of commercial and rental properties. We will endorse candidates whom we feel the best support these values over their opponents. It’s important to elect leaders who will work with REALTORS®. We all have our own choices of candidates, but we hope by supporting pro-real estate candidates and propositions, it might help influence voters who agree with us that property rights and the expansion of homeownership are essential to all Americans.” -- Mike Anderson (Lakeside)

“Democracy is vital to real estate. If people don't vote, then it’s the corporations and banks that set policy that affects your ability to buy a home. When you vote, you make your voice heard. Be a voice for our communities where we can work towards a country where everyone has the opportunity to be a homeowner.” -- Deirdre Bramberg (La Mesa)

“It is a civic duty to vote and every single vote makes a difference. As a citizen of the country, the right to vote is one of the freedoms the county gives its people. It is a chance for our voice to be heard and an opportunity to select the leaders we believe have the ability to represent us in our government.” -- Merrie Espina. (Chula Vista)

“Each PSAR member should exercise their right and obligation to vote. In this election, as in most elections, your future earnings, your tax obligations, and the laws that enable or hobble our industry are all in play. PSAR, C.A.R., and NAR can all be influential as supporting organizations, focusing on critical policy issues. But, in the final analysis, it is your individual vote and the power of our collective votes that will select our elected officials and establish the policies that impact our lives and our business environment for years to come.” -- William Hall (Chula Vista)

“Voting is how we convey our desires for change. Please exercise your right to vote with the goal of making a better today and tomorrow for us all.” -- Paul Moses (Chula Vista)

“I am involved in Government Affairs and I try to be as active as I can be in politics is because it does have an impact on our industry. One can be part of the problem or the solution. I can stand by and complain or I can do what I can do to act.  Rome was not built in a day, and as we all know California has its issues that have a direct impact on our business. Be impactful and relevant. It’s common sense, do nothing and one can only expect nothing. So, why not be relevant and do something.” -- Rebecca Pollack-Rude (El Cajon)

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PSAR's Mission is to empower Real Estate Professionals

Since 1928, the Pacific Southwest Association of REALTORS® has played a significant role in shaping the history, growth & development of the Real Estate industry in San Diego County.

The City of San Diego No Longer Requires a WATER CONSERVATION CERTIFICATE At the Point of Sale

The City of San Diego no longer requires property owners to file a Water Conservation Certificate when selling their property. The City Council approved the change to the Municipal Code which went into effect on February 27, 2022.

In 1992, the City of San Diego developed several permanent water conservation provisions which were more stringent than industry standards at the time. The provisions were added to the Municipal Code and required property owners to remove non-conserving water devices and install ultra low-flow toilets and other low-flow fixtures in all new construction or permitted remodels. The City also required property owners to submit compliance disclosure information upon the sale of a property. The City determined that review and enforcement of a Water Conservation Certificate are no longer necessary nor legally required.

California approved Senate Bill 407 in 2009 and requires owners of residential single-family, multi-family properties, and commercial properties to replace all non-compliant plumbing fixtures with water-conserving plumbing fixtures. SB 407 requires the disclosure of non-compliant fixtures between the seller and buyer at the time of property transfer. This requirement can typically be disclosed on a Real Estate Transfer Disclosure Statement (TDS.)

Learn more about water conservation laws and disclosure obligations at CAR in the risk management section under legal Q&As and disclosures here. (Log-in required.)

For more information, visit the City’s website.

The Board of Supervisors will meet on Wednesday, February 9th at 9 am to discuss the implementation of a Vehicle Miles Traveled (VMT) Policy which could end hopes that San Diego will meet the housing needs of its residents.  

Please urge the Board of Supervisors to keep housing a top priority in San Diego County.  

You can submit written comments by clicking here: submit comments.

This proposal is item 7 on the Agenda, if you would be willing to testify on this, you can sign up here:  Sign up to speak

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Recently, PSAR sent a three-page letter to the San Diego County Board of Supervisors expressing our opposition to the Vehicle Miles Traveled (VMT) proposal.  See a copy of the letter by following this link.

VMT is a proposal that would slap new fees on housing development in car-centric communities. The fees would be calculated based on the additional “vehicle miles traveled.” Housing developments in rural or suburban areas would face fees that would disincentivize their construction.  Any homes that do get built would need to factor in those additional fees, pushing the dream of homeownership further beyond the reach of most aspiring buyers.  

Under the proposed VMT, to get approval for a project, a housing developer would have to show that their project would generate fewer vehicle miles traveled than the area’s average. 

PSAR’s letter to the Board of Supervisors states: “Homeownership is the bedrock of building strong communities and intergenerational wealth. REALTORS® know firsthand that buyers are moving to Riverside, Imperial Valley, and Mexico to own a property and build a future. They subsequently commute for hours on San Diego freeways, defeating the intent of the VMT policies.

“There are numerous economic and regulatory barriers that discourage developers from building both attached and detached “for-purchase” housing for all levels of income. If the County is forced to adopt a Vehicle Miles Traveled (VMT) planning tool that is being considered with a regional planning focus, the cost of new housing in the unincorporated portions of our region will be increased significantly, adding to the current housing shortfall.

“This policy will severely restrict future generations from realizing the dream of homeownership and a better quality of life for themselves and generations to come.”

The letter also states that PSAR is supporting six recommendations from the Building Industry Association (BIA) of San Diego County. BIA’s recommendations include an Infill Area Option, VMT Mitigation Program Options, and a programmatic Environmental Impact Report (EIR) to analyze VMT impacts.

PSAR is opposing VMT implementation because of the potential impacts on historically disadvantaged communities who would find it harder to realize the dream of homeownership.

PSAR’s letter states: “Homeownership is an essential steppingstone for families to build wealth. By adding requirements that will make homeownership opportunities more expensive for working families to purchase, we will be removing a crucial steppingstone for those who have not already had an opportunity to purchase a home. We would essentially be closing the door behind those who have already been fortunate enough to purchase a home.

“Society has been making a lot of strides towards providing historically disadvantaged communities with opportunities that had previously been denied to them. We should not be halting that progress by limiting access to homeownership opportunities. The book `The Color of Law’ by Richard Rothstein provides a very detailed analysis of how unequal access to homeownership due to government policies directly resulted in economic harm that continues to hold back communities of color to this day. Considering the fact that communities of color in San Diego are still suffering from the multigenerational impacts of redlining and segregation, we should not be implementing policies that cement these impacts by stopping the creation of new opportunities for homeownership or confining new housing opportunities for lower-income residents to certain areas.”

At their Jan. 26 meeting, the Board of Supervisors received a report from county planners that laid out ways to implement VMT. The board directed the planners to return on Feb. 9 with additional details on VMT options.

Please urge the Board of Supervisors to keep housing a top priority in San Diego County.  

You can submit written comments by clicking here: submit comments.

This proposal is item 7 on the Agenda, if you would be willing to testify on this, you can sign up here:  Sign up to speak

PSAR is proud to announce the signing of a bi-national memorandum of understanding (MOU) agreement with La Asociación Panameña de Corredores y Promotores de Bíenes Raices (ACOBIR, translated: Panamanian Association of Real Estate Brokers and Developers).

ACOBIR, with about 500 members, is the Republic of Panama’s nationwide real estate trade association. It was founded in 1973. ACOBIR’s multiple listing service currently serves roughly 400 brokers affiliated with more than 200 real estate agencies in the transcontinental country that connects Central America and South America.

The MOU calls for a cooperative alliance between PSAR and ACOBIR to include business collaboration and facilitation for the benefit of each association’s members, as well as sharing information about properties, referrals about investment opportunities, and insights into local practices and laws.

In addition, the MOU calls for scheduling trade missions and joint representation at professional events and conferences, including the Expo Immobiliaria ACOBIR and National Association of REALTORS® meetings.

Also, the MOU calls for further promotion of professional designations available through NAR, including the International Realtor Member (IRM) and the Certified International Property Specialist (CIPS) Institute designations.

Both the IRM and CIPS professional designations recognize its designees as expert resources in the international real estate market with information, research, network, and tools to globalize their real estate practices and an understanding of financial, legal, and cultural differences for real estate transactions in various countries.

The MOU between PSAR and ACOBIR was signed by Fransisco Cheng, ACOBIR president, and Ditas Yamane, 2021 PSAR president.

“We are excited to establish a mutually beneficial relationship for the members of both associations,” said Yamane.

“We affirm the value of international collaboration,” said Cheng, “and we look forward to working collaboratively to generate more transnational business opportunities for our members.”

ACOBIR currently has several existing affiliations with societies and councils in the Republic of Panama, including the U.S. Business Council in Panama, Panamanian Chamber of Tourism and Construction Industry Integremial Alliance. ACOBIR’s international affiliations include the International Federation of Realtors and Central American Federation of Panama and the Caribbean of Chambers and Real Estate Brokers, as well as NAR.

PSAR also has previous existing MOUs with other international entities. In 2014, PSAR signed an MOU with Mexico’s national real estate association, the Asociacion Mexicana de Profesionales Immobiliarios (AMPI, translated: Mexican Association of Realtors). In 2018, PSAR signed a cross-border MOU with CEPIBC, the Consejo Estatal de Profesionales Inmobiliarios de Baja California, (CEPIBC), a statewide real estate trade group in the Mexican state of Baja California.

The MOU between PSAR and Panama was initiated and facilitated by PSAR members who are actively involved with the association’s Global Real Estate Council (GREC). The GREC serves PSAR members who are interested in cross-border opportunities and who want to network with other international real estate practitioners. Founded in 2013, GREC provides PSAR members with a platform to connect with individuals internationally and the opportunity to learn and expand their niche market in real estate internationally.

 PSAR’s GREC is dedicated to assisting the needs of PSAR members who desire to expand their international outreach and help international capital investment clients make informed transactions with effective counsel across multiple jurisdictions. The vision of the Council is to provide and facilitate educational opportunities to enable PSAR members to expand their practice and organize global-themed events.

In recent years, GREC has hosted several educational events designed to assist PSAR members in helping international capital investment clients to make informed transactions with effective counsel across multiple jurisdictions. The training sessions have focused on cultural customs and diversity, as well as panel discussions and forums with international partners.

PSAR is proud to announce that 15 PSAR members have been approved by the PSAR board of directors for recognition by the California Association of REALTORS^® (C.A.R.) as honorary members for life.

The 15 members include:

Congratulations to each esteemed member for your long-term commitment to professionalism and excellence in the real estate industry.

This latest 2021 group of new C.A.R. life members will receive a waiver of C.A.R. dues beginning in 2022. They will continue to receive a dues waiver for as long as they remain eligible for REALTOR^® membership or until retirement from the field.

Requirements to be honored as a C.A.R. life member include remaining as a C.A.R. member in good standing for a minimum of 25 years and attaining the age of 75.

Acceptance as honorary members for life also requires approval of the C.A.R. Membership Committee and the C.A.R. Board of Directors at one of its three annual membership meetings. Applications for the honorary member-for-life designation must be received in advance of the meetings in order for the dues waiver to be effective the following year. Applications will not be processed without the signature of the member’s local association executive.

Applications are available on the C.A.R.website and using THIS FORM

For additional information, send an email to hmfl@car.org.

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