Event Coverage

C.A.R. legislative advocate updates SILVAR members on housing policy issues

California Association of Realtors® (C.A.R.) Legislative Advocate Ron Kingston updated Realtors and Affiliates of the Silicon Valley Association of REALTORS® on housing policy issues and pending state legislation affecting the real estate industry at the Friday, May 5, Palo Alto Tour Meeting.
 
Kingston, who has been a C.A.R. lobbyist involved in housing, property management and consumer protection laws for over 20 years, informed SILVAR Realtors and Affiliates that they should take note of the Attorney General's most recent opinion with regard to residential renting and leasing disclosure pertaining to Megan's Law.
 
California's Megan's Law provides the public with certain information on the whereabouts of sex offenders so that members of local communities may protect themselves and their children. A new California law, Assembly Bill 488, now provides the public with Internet access to detailed information on registered sex offenders. This expanded access allows the public for the first time to use their personal computers to view information on sex offenders required to register with local law enforcement under California's Megan's Law. Previously, the information was available only by visiting police stations and sheriff offices or by calling a 900 toll-number. C.A.R. has information on the law and disclosure by property owners, landlords and real estate brokers at http://www.mcar.com/MegansLawQ&A021805.pdf.

Kingston said while the introduction of a bill stating sexual offenders are not a protected class under the anti-discrimination laws has been killed, Attorney General Bill Lockyer recently released an opinion stating they are NOT a protected class. This would mean while landlords should adhere to the current disclosure law, they do not need to rent to sexual offenders, said Kingston.

Asked about whether or not a landlord should disclose to other tenants that he/she has rented a unit to a registered sexual offender, Kingston said, "It's a business decision. Should you inform others? If you don't, and something happens, will you be inherently liable?" 
The legislative advocate said C.A.R. is trying to propose a liability shield for landlords in order to resolve the issue. He said the issue is "very complex in terms of real estate transactions."

Kingston informed SILVAR members of other issues for which C.A.R. has lobbied to protect members of the real estate industry. The organization sponsored the bill regarding the release of credit scoring to would-be buyers, as well as another bill regarding deferred maintenance by Home Owners Associations (HOA). HOAs must now disclose to property owners how much assessments will increase to pay for all components. It's an attempt to stop "midnight surprises," he said. He gave the example of a single parent who had used all her savings to purchase a home and was then slapped with a $25,000 bill from the property's HOA for deferred maintenance.

Kingston also noted that C.A.R is opposed to transfer fees, which are currently being used by environmentalist groups to acquire money for their special lobby funds.

"More environmentalist groups are threatening to sue builders and stop development plans for as many as five years," said Kingston, unless a transfer fee is paid to them. He said builders are doing it in order not to hold up their development plans. If this were allowed to happen, it would, in turn, increase the cost of purchasing homes, Kingston warned.

C.A.R is likewise against the proposal of a specific tax on housing sales to pay for affordable housing now being created for private owned affordable housing.

Asked about eminent domain, Kingston told SILVAR members that C.A.R. takes the stance that "it makes no sense to shut down eminent domain." He said of all Redevelopment Agencies (RDA) in the state, 40 percent don't have eminent domain rights and cannot take owner-occupied properties by eminent domain. RDAs that do, can take property by eminent domain during the first 12 years of their RDA life span under certain conditions. He said there is currently a bill that would limit the eminent domain right to 10 years.

The C.A.R legislative advocate underlined the need for Realtors and Affiliates to get involved in politics and help lobby for their interests.
"It is becoming more essential for Realtors to get involved and participate in government, find innovative ways to lobby their legislators on the impact of new laws," said Kingston.

He indicated in December, 48 new legislators will be taking seats for the 2007-08 year, and 80 percent of them come from local governments, which have a strong bias. He said members of SILVAR have "the ability to reach out."

"We can only do so much as lawyers, but you are the practitioners," said Kingston. "C.A.R now has over 200,000 members and the ability to communicate with legislators is high. It's important to talk to them about projects like property rights and disclosure early . . . They're not experts on every aspect of law and public policy. That's why they rely on you."

He encouraged everyone to participate in Legislative Day, which is on June 7. He indicated June 7 is the largest legislative day for any California trade group, and with 2,200 Realtors expected to attend the event.

He added, "You can help shape it. If you sit in the sidelines, you don't shape it. If you are not involved, you will not be ahead of the curve, and can't use that as an edge against other practitioners."

The Silicon Valley Association of REALTORS® (SILVAR) is a professional trade organization representing over 4,000 REALTORS® and Affiliate members engaged in the real estate business on the Peninsula and in the South Bay. SILVAR promotes the highest ethical standards of real estate practice, serves as an advocate for homeownership and homeowners, and represents the interests of property owners in Silicon Valley.

The term "REALTOR®" is a registered collective membership mark which identifies a real estate professional who is a member of the National Association of REALTORS® and who subscribes to its strict Code of Ethics.

For further information, please contact Rose Meily at SILVAR Public Affairs, e-mail , or phone (408) 200-0109.

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