2015 Legislation - AB 1335 - Charging Fees on Recorded Documents to Fund Affordable Housing

Bill Author: 
Atkins
Subject: 
Fees on Recorded Documents
Status: 
Dead
Sponsor: 
Atkins

Updated 7/6/15

What AB 1335 Says

In order to fund affordable housing, this bill would impose a $75 fee whenever a document is recorded in California. HOAs record numerous documents, including governing documents and liens. ECHO opposes this bill. 

Full Summary of AB 1335

From the Legislative Counsel's Digest:

This bill would enact the Building Homes and Jobs Act. The bill would make legislative findings and declarations relating to the need for establishing permanent, ongoing sources of funding dedicated to affordable housing development. The bill would impose a fee, except as provided, of $75 to be paid at the time of the recording of every real estate instrument, paper, or notice required or permitted by law to be recorded, per each single transaction per single parcel of real property, not to exceed $225. By imposing new duties on counties with respect to the imposition of the recording fee, the bill would create a state-mandated local program.The bill would require that revenues from this fee, after deduction of any actual and necessary administrative costs incurred by the county recorder, be sent quarterly to the Department of Housing and Community Development for deposit in the Building Homes and Jobs Fund, which the bill would create within the State Treasury. The bill would, upon appropriation by the Legislature, require that 20% of the moneys in the fund be expended for affordable  owner-occupied workforce housing, 10% of the moneys for housing purposes related to agricultural workers and their families, and would authorize the remainder of the moneys in the fund to be expended to support affordable housing, homeownership opportunities, and other housing-related programs, as specified.

ECHO Position: 
Associations record numerous documents, including governing documents and liens. The fees imposed by this program would place an unfair burden on associations, especially smaller communities. ECHO believes that recorded documents are not the appropriate instrument to fund affordable housing. ECHO opposes AB 1335.
Educational Topic: