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SAMCAR Government Affairs

Staff Contact | New Laws for 2013 | Legislative Updates | CALLS FOR ACTION!

Government Affairs is the voice of the REALTORS® in local government. Our goal is to protect the REALTORS® of San Mateo County from ordinances, rules and regulations that would be a hindrance to the success of their businesses. Government Affairs also works to advance one of SAMCAR's primary objectives: the preservation of private property rights throughout San Mateo County.

The Government Affairs staff informs and advises the Board of Directors and SAMCAR's Legislative Committees regarding pertinent land use and zoning policies, state and federal legislation, and local political issues. In conjunction with SAMCAR REALTORS®, the Government Affairs staff executes the legislative and political directives of the Board of Directors.

Government Affairs serves as the primary liaison between SAMCAR and the California Association of REALTORS® and the National Association of REALTORS®, and assists with member mobilization for state and federal issues of importance to the real estate industry.

To contact SAMCAR's Government Affairs staff:

Paul Stewart
Government Affairs Director
Phone: (650) 696-8209
Email: paul@samcar.org

CALLS FOR ACTION!

PLEASE CONTINUE TO CHECK THIS PAGE FOR ANY URGENT 'CALLS FOR ACTION.'

Assemblyman Kevin Mullin
District Office (650) 349-1900 | Capitol Office (916) 319-2022
Assemblymember.Mullin@assembly.ca.gov

Assemblyman Richard Gordon
District Office (650) 691-2121 | Capitol Office (916) 319-2024
Assemblymember.Gordon@assembly.ca.gov

Assemblyman Phil Ting
District Office (415) 557-2312 | Capitol Office (916) 319-2019
Assemblymember.Ting@assembly.ca.gov

Senator Jerry Hill
District Office (650) 688-6384 | Capitol Office (916) 651-4013
Senator.Hill@senate.ca.gov

Senator Leland Yee
District office (650) 340-8840 | Capitol Office (916) 651-4008
Senator.Yee@senate.ca.gov

Government Affairs News

Friday, April 12, 2013
UPDATE: Belmont City Council Eschews Point-of-Sale Sewer Lateral Inspections for Disclosure

The Belmont City Council at its meeting of Tuesday, April 9, voted unanimously to use a buyer-seller disclosure to alert consumers to the city’s requirement for a sewer lateral inspections (and that the cost for same is borne by the property owner). This was in lieu of any Point-of-Sale (POS) mandate for inspections when a home is sold. At the public hearing, Council was presented by staff with a matrix of action options regarding sewer laterals. Read more in the Friday, April 12 SAMCAR Relay.

South San Francisco City Council Rejects Real Estate Inspection Ordinance

On January 16, the South San Francisco City Council unanimously rejected a proposed ordinance mandating private property inspections before the city would allow residents to sell their home. The city had been performing inspections for years without benefit of an ordinance, and the Council was set to study the issue of codifying these existing practices. However, the Council concluded it was best for the community to halt Point-of-Sale (POS) inspections. After the 5-0 vote to indefinitely table the matter, Mayor Pedro Gonzalez stated flatly of Point-of-Sale, “it is dead.”

Mayor Pro Tem Karyl Matsumoto moved to eliminate mandatory inspections as the public hearing opened by making a motion to “drop the concept of Point-of-Sale inspections.” The real estate industry as well as city residents filled the City Council chambers in opposition to the ‘Point-of-Sale’ (POS) proposal.

“By their action, the City Council reaffirmed to South San Francisco residents that home ownership matters,” said Steve Blanton, Executive Officer of the San Mateo County Association of REALTORS® (SAMCAR). “We are extremely grateful to the South San Francisco City Council for listening to their constituents and the business community.” (Read More)

Friday, February 1, 2013
California Homeowner Bill of Rights Becomes Law

This law aims to avoid foreclosure where possible to help stabilize California's housing market and prevent the other negative effects of foreclosures on families, communities, and the economy. The new law will generally prohibit lenders from engaging in dual tracking, require a single point of contact for borrowers seeking foreclosure prevention alternatives, provide borrowers with certain safeguards during the foreclosure process, and provide borrowers with the right to sue lenders for material violations of this law. (Read more)

Monday, January 25, 2013
C.A.R. Outlines Initial 2013-2014 Legislation

The California Association of REALTORS (C.A.R.) at its Winter Business Meetings in Monterey outlined a preliminary legislative agenda for the 2013-2014 session. Most bills at this point in the state legislative cycle have only working titles with no authors or wording yet assigned.

Highlighted were the following:>SB 30 (Calderon): A bill to mirror federal regulations to allow mortgage debt forgiveness. Upon passage of SB 30, the measure will be effective retroactive to Jan. 1, 2013.

• Notice of Regulatory Actions: A bill to require state agencies, boards and commissions to publish meeting notices in a single location to promote transparency and streamline costs to the state.

• Retention of DRE Staff: A bill to confirm that DRE will retain its regulatory, enforcement and legal staff; maintain its fiscal independence; and, maintain its influence with the retention of a "Commissioner" as opposed to a Bureau Chief.

• Appraisal Reform: A bill to address, among other issues, "geographic competency"

• Disclosures in sales of REO properties. A bill to repeal the exemption from the TDS requirements for REO properties and mandate foreclosing lenders to complete a TDS.

(Read More)

Wednesday, January 3, 2013
Real Estate Provisions in the "Fiscal Cliff" Bill

On January 1, 2013 the Senate and House passed H.R. 8, legislation to avert the “fiscal cliff,” the bill was signed by President Barack Obama on January 2, 2013. (Read more)

Wednesday, January 3, 2013
Mortgage Debt Relief Act Extended to 2014

While there was very little focus on the importance of the Mortgage Forgiveness Debt Relief Act (‘The Act’) during the fiscal cliff debate (Recall the issue du jour was the home mortgage interest deduction), the provisions of the fiscal cliff deal did extend the provisions of ‘The Act’ for one more year.

The Mortgage Forgiveness Debt Relief Act - which expired at the end of 2012 - is crucial to foreclosure mitigation efforts such as principal forgiveness and short sales. The law, which was passed in 2007 with a 5 year sunset provision, will now be in effect until January 1, 2014.

Normally, U.S. law decrees that when a lender forgives all or a portion of a borrower’s debt, the forgiven amount is considered taxable income for the borrower. This is known as Cancellation of Debt (COD) Income and must be included in a taxpayer’s gross income. ‘The Act,’ however, created an exception to this rule under the U.S. Tax Code. The Mortgage Forgiveness Debt Relief Act allows homeowners who received principal reductions or other forms of debt forgiveness to not pay taxes on the amount forgiven. The amount extends up to $2 million of debt forgiven on the homeowner’s principal residence. For homeowner’s to qualify, their debt must have been used to “buy, build, or substantially improve” their principal residence and be secured by that residence.

Thursday, October 25, 2012
New State Laws for 2013 Affecting REALTORS®

The ink may not yet be dry on some of the legislative bills that Governor Brown signed into law as the 2011-12 legislative session drew to an end. A summary of over 60 new laws that may be of interest to REALTORS® is available to SAMCAR members in the 2013 Laws Section on the Legal Page of C.A.R.s’ website. The full text of each legislative bill is available at www.leginfo.ca.gov. Some of the highlights of the new laws that may affect REALTORS® are included in the following publication from SAMCAR Government Affairs. Click here to read more.

Thursday, October 25, 2012
Synopsis of the Responsible Homeowner Refinancing Act of 2012

There are nearly 13.5 million responsible borrowers in loans guaranteed by Fannie Mae and Freddie Mac who could benefit from refinancing at today’s low interest rates. Although recent changes to the Home Affordable Refinance Program (HARP) were a step in the right direction, they left in place barriers that will keep millions of borrowers trapped in higher interest loans. The Responsible Homeowner Refinancing Act (H.R. 6428) will build on these changes and further expand opportunities to access historically low interest rates for borrowers who make their mortgage payments on time. According to the CBO, the bill pays for itself through reduced default rates on GSE loans, which saves taxpayers money. Click here to read more.

Monday, October 1, 2012
Local Legislative Update

Issues include: Belmont City Council Considers Sign Code, High Fire Area, Sewer Lateral Issues; Burlingame Rescinds Spark Arrestor Inspections; San Carlos Diligence Still Needed on Open House/Directional Signs; Daly City Proposes Smoking Ordinance; South San Francisco Warrant Required for Property Inspections.

Read the full update at: http://www.samcar.org/userfiles/file/GAD_LocalUpdate20121002.pdf

Friday, Augus 17, 2012
Diligence Still Needed on Open House and Directional Sign Placement

A number of San Mateo County cities have contacted SAMCAR in recent weeks to request that REALTORS remain mindful about placement of Open House and Directional signs in the public right of way. In the spirit of cooperation, please be diligent with the placement of these signs. Virtually all municipal codes in San Mateo County prohibit placement of signs anywhere in the public right-of-way (especially in median strips) or on trees.

Your cooperation and diligence will ensure that your signs will not be knocked down or confiscated and you and/or your brokerage will not be fined. In addition, it ensures cities will not take action to make their sign ordinances more restrictive.

Friday, Augus 3, 2012
Pacifica to Crack Down on Home Sales with No Sewer Lateral Inspection

This month, the City of Pacifica will begin reviewing home sales for compliance with mandatory point-of-sale sewer lateral inspections. Failure to comply with the ordinance – which went into effect on January 1 of this year – can result in a $1,000 per day fine.

“Unfortunately, the city has discovered many transactions that have closed without obtaining the required certificate of compliance for the sewer lateral,” According to Brian K. Martinez Sr., Collection System Manager for Pacifica.

Martinez noted that when the failure to comply is discovered, the city sends a letter granting a 30 day window within which a plan must be submitted for and the certificate obtained. If this does not occur, the (up to) $1,000 per day fine and other administrative penalties can take effect.

“We’ve had a number of instances where agents have waited until the day escrow closes to contact us about the sewer lateral inspection,” Martinez explained. “That’s unfortunately led to having to review all the home sales transactions.” SAMCAR is assisting the City of Pacifica with notifications and outreach to ensure REALTORS® remain aware of the mandatory point-of-sale sewer lateral inspection.

In negotiations with SAMCAR, Martinez asked that if any SAMCAR members have any questions regarding this or any other ordinances that involve the Sanitary Sewer System, to please contact him directly.

His contact information is:
Brian K. Martinez Sr., Collection System Manager, City of Pacifica
(650) 738-4669, Fax-(650) 355-5721, martinezb@ci.pacifica.ca.us

Wednesday, June 6, 2012
All SAMCAR Endorsed Candidates Win; Advance To November 6 Election

All the candidates endorsed and/or supported by the San Mateo County Association of REALTORS (SAMCAR) advanced to the November general election or were re-elected to their respective offices based on results of the June 5 primary election.

In the race for San Mateo County District 4 Board of Supervisors, Warren Slocum – SAMCAR’s endorsed candidate – polled 40% of the vote to outpace second place finisher, Redwood City Elementary School Board member Shelly Masur (21%). Both will square-off in November. Meanwhile, SAMCAR endorsees Dave Pine (incumbent Supervisor – District 1) and Adrienne Tessier (incumbent Supervisor – District 5) won re-election as each ran unopposed.

On the state level, Assembly member Jerry Hill (SAMCAR’s endorsee) easily outdistanced Sally Leiber with 59% of the vote (compared to Leiber’s 18%) in the race for the 13th State Senate District. They will face off again in the November general election.

In the newly created 22nd Assembly District, South San Francisco City Council member Kevin Mullin (SAMCAR’s endorsee) garnered 68% of the vote and will face Mark Gilham in November while in the 24th Assembly District, SAMCAR’s pick - incumbent Assembly member Rich Gordon - finished first with 60% of the vote and will run-off against Chengzhi “George” Yang.

On the federal level, both SAMCAR’s endorsed candidates – incumbent Rep. Anna Eshoo in the 18th Congressional District and incumbent Rep. Jackie Speier in the 14th Congressional District – finished first with 67% and 74%, respectively, of the vote. Eshoo will face Dave Chapman, while Speier will face Debbie Bacigalupi in the November run-off. SAMCAR’s Local Candidate Recommendation Committee (LCRC) made the endorsement recommendations which were ratified by the SAMCAR Board of Directors. Some (where applicable) were done in concert with the California Association of REALTORS or the National Association of REALTORS. Chair of the LCRC is Melanie Hildebrand.

Tuesday, March 6, 2012
The 3.8% Tax on Home Sales to Fund National Healthcare: Real Estate Scenarios & Examples
Beginning January 1, 2013, a new 3.8 percent tax on some home sales and investment income will take effect. Since this new tax will affect some real estate transactions, it is important for REALTORS® to clearly understand the tax and how it could impact your clients. It’s a complicated tax, so you won’t be able to predict how it will affect every buyer or seller (more...)

Tuesday, August 7, 2012
Diligence Still Needed on Open House/Directional Sign Placement
A number of San Mateo County cities have contacted SAMCAR in recent weeks to request that REALTORS® remain mindful about placement of Open House/Directional signs in the public right-of-way. In the spirit of cooperation, please be careful with the placement of these signs. Virtually all municipal codes in San Mateo County prohibit placement of Open House/Directional signs anywhere in the public right-of-way (especially median strips), on the sidewalk or on trees. Your assistance and attention to sign placement will ensure that your signs will not be knocked down or confiscated and that you and/or your brokerage will not be fined. In addition, it ensures cities will not take action to make their respective sign ordinances more restrictive.

Tuesday, August 9, 2011

City of South San Francisco: Code Enforcement During Home Inspections
The City of South San Francisco has assigned code enforcement to the SSF Fire Department (SSFFD). During required home inspections prior to the sale of a home, SSFFD will identify any condition in the home that affects health, safety or constitutes blight. Depending upon the nature of the infraction, buyers and sellers may find their transactions delayed or otherwise affected until the code violations are remedied. Please be advised that SSFFD can and will assess fines or other penalties, if warranted. Below, please find links to additional information about SSF’s code enforcement program, what violations are often cited, and how SAMCAR can assist your agents should they encounter any code enforcement issues that affect the close of escrow.

Please view our full 2-page informational sheet.
Broker/Manager Advisory

Companion materials from the City of South San Francisco are also available at:
Distressed Property Brochure
Point of Sale Brochure
Point of Sale Inspection Checklist

Pacficia to Crack Down on Closings Without Sewer Lateral Inspections
Beginning August 1, the City of Pacifica initiated a review of home sale closings for compliance with the city's mandatory point-of-sale sewer lateral inspection rodinance. Failure to comply with the ordinance - which went into effect on January 1 of this year - can result in a $1,000 per day fine.

"Unfortunately, the city has discovered many transactions have closed without obtaining the required certificate of complinace for the sewere lateral," according to Brian K. Martinez, Sr., Collection System Manager for Pacifica. Martinez noted that when the failure to comply is discovered, the city sends a letter granting a 30 day window within which a plan for compliance must be submitted and the certificate obtained. If this does not occur, the (up to) $1,000 per day fine and other administrative penalities can be assessed.

"Plus we've had a number of instances where agents have waited until the day escrow closes to conact us about the sewer lateral inspection," he explained. "That's unfortunately been another factor that's led to this review of transactions." SAMCAR is assisting the City of Pacifica with notifications and outreach to ensure REALTORS® remain aware of the mandatory point-of-sale sewer lateral inspection. In negotiations with SAMCAR, Martinez asked that if any REALTOR® has any questions reagrding this or any other ordinances hat involve the Sanitary Sewer System, to contact him directly. His contact information is: Brian K. Martinez, Sr. / Collection System Manager / City of Pacifica / (650) 738-4669/Fax: (650) 355-5721 / martinezb@ci.pacifica.ca.us

Friday, July 15, 2011
Governor Signs Bill Providing REALTOR® Liability Protection on Disclosures
Governor Jerry Brown has signed into law Senate Bill 837 (now Chapter 61, 2011 Statutes) which provides disclosure liability protection to REALTORS® for water efficiency retrofit requirements. In 2009, Governor Schwarzenegger signed into law a requirement that all residential properties be retrofitted with low-flow toilets, shower heads and faucets starting with remodels in 2014, all remaining homes by 2017. Additionally, all commercial properties and multi-family homes will need to be retrofitted by 2019. SB 837, authored by Sen. Sam Blakeslee (R-San Luis Obispo), adds language to the Transfer Disclosure Statement (TDS) notifying the purchaser of a property of these impending requirements. The inclusion of this information in the TDS will ensure that sellers and buyers are aware of these water efficiency retrofit requirements and provide disclosure liability protection to REALTORS®. C.A.R. sponsored SB 837.

Friday, June 10, 2011
Carbon Monoxide Detectors Required in All Single Family Dwellings
Carbon Monoxide Detectors must be installed, consistent with new construction standards or according to the approved instructions for the detectors, in all existing single-family dwelling units no later than July 1, 2011. All other dwelling units (such as apartments) must have proper carbon monoxide detectors no later than January 1, 2013. (Read more in your Relay on June 10)

Tuesday, August 7, 2012

New CA Laws on Transmission Pipeline Disclosures and Recording Fees

As of July 1, 2013, every contract for the sale of residential real property must contain a specified notice regarding gas and hazardous liquid transmission pipelines. This notice informs buyers that the U.S. Department of Transportation maintains the general location of these pipielines through the National Pipeline Mapping System at www.npms.phmsa.dot.gov This new requirement is a reponse to the 2010 pipeline explosion in San Bruno and other tragedies that have occured. The new pipeline notice provides a valuable shield from liability for sellers and brokers. Delivery of the notice to a buyer will be deemed to be adequate to inform the buyer about the existence of a statewide database for the location of gas and hazardous liquid transmission pipelines, and inortmation from the database regarding those locations. C.A.R. and PRDS will revise their purchase agreements to comply with this new requirement, which was mandated by Assembly Bill 1511.

In a separate new law to also commence on January 1, 2013, a county board of supervisors can adopt by resolution a charge of up to $10 as the recording fees for certain real estate instruments. The existing cap on recording fees is $3 per instrument.

Revenue collected from recording fees will be placed in a Real Estate Fraud Prosecution Trust Fund to help local law enforcement agencies pursue real estate fraud crimes. The new recording fee was authorized via Senate Bill 1342.

This new law also expands the types of real estate instruments that may be charged a recording fee, which will include a deed of trust, abstract of judgment, CC&Rs, declaration of homestead, easement, lease, lot line adjustment, mechanics liens, quitclaim deed, notice of default, notice of trustee sale and others. Exempt from the recording fee requirement, however, is a deed or instrument recorded in connection with a documentary transfer tax as defined, such as a grant deed. The new fees were authorized by Senate Bill 1342.

C.A.R. Broker Involvement Program
The California Association of REALTORS® has recently mailed out a Broker Involvement brochure to all California Brokers. The Broker Involvement Program is designed to have brokers easily help mobilize their agents. It’s free and very, very easy.

Details for Broker Involvement can be found here:
http://www.car.org/governmentaffairs/getinvolved/brokerinvolvement/