2012 REAL ESTATE LEGISLATION
Below is a status report of issues followed by PGCAR and MAR during the 2012 Maryland General Assembly. Representatives of PGCAR frequently traveled to Annapolis to lobby legislators and testify on a number of these issues, especially the statewide proposal to alter Maryland's mortgage interest deduction tax benefit. Also included are details on recent Prince George's County Council actions. Following the County and State report is an update on Federal legislation important to REALTORS®.
2012 Prince George's County Delegation Issues
Mike Graziano, Director of Government Affairs - PGCAR
CB 26 - Recordation Tax Rate
STATUS: Passed as part of Budget Bill, Effective July 1, 2012
In May the County Council considered the County Executive's 2013 budget proposal which included, among other things, a proposal to increase the County recordation fee from $2.50 to $3.00 per $500 of sales price. In response to industry lobbying efforts the Council negotiated a reduced increase to $2.75. CB 26 is the legislative vehicle to formally initiate the increase. The increased recordation fee will take EFFECT at midnight on June 30th. Settlements taking place after June 30th will be assessed the new rate regardless of when the transaction was negotiated or ratified.
PGCAR ACTION - PGCAR vehemently OPPOSED the increase. Over 4300 REALTOR® opposition email messages were sent to the County Council and the County Executive. Through "robo call pass-throughs," 2145 concerned citizen voters phoned their Council representatives to voice their opposition. The final result being the "reduced" increase of $.25.
CB 25 - Utility Cost Disclosure and Home Energy Audits
STATUS: Passed in Committee (subject to final Council vote)
This bill requires the seller of residential property (four or fewer units) to disclose, "on written request," the prior 12 month energy consumption to buyers who submit an offer to purchase. The bill exempts new construction, transfers between family members, bank sales, estate and tax sales (basically, mirroring the exemptions in the State Property Condition/Disclosure forms). The bill clearly stipulates that the information is supplied without warranties.
PGCAR ACTION - Support with amendments. This subject has been hotly debated in Annapolis for the last several years. Legislative proposals ranged from mandatory independent energy efficiency audits to mandatory energy consumption disclosure to all potential buyers (i.e. at open houses). PGCAR was successful in getting the bill amended into a framework that is minimally intrusive to the real estate transaction.
CB 34 - Carbon Monoxide Detectors in County Residences
STATUS: Passed in Committee (subject to final Council vote)
CB 34 requires the installation of battery powered carbon monoxide detectors (CO2 Detector) in residential one and two family dwellings with gas heating systems, fuel burning appliances and/or with an attached garage at transfer of ownership. A CO2 detector must be installed on each level of a multi-level property in close proximity of sleeping quarters. The bill requires the same for multifamily apartments, and hotels/motels/dormitories regardless of gas or automobile emissions exposure.
PGCAR ACTION - PGCAR supported the bill with the amendment to allow installation of battery powered CO2 detectors in existing structures verses draft one of the bill which would have mandated electric "hard wired" detectors.
HB 815 / HB 899 - Prince George's County - Abandoned Property Registry
STATUS: Failed in Committee
These similar pieces of legislation would have authorized Prince George's County to enact a local law establishing an abandoned property registry for vacant foreclosed property. The bills were very similar in requiring a creditor owner (the bank) to register the property, pay a registration fee ranging from $75 to $250, and be responsible for the maintenance and security of the property.
PGCAR ACTION - PGCAR OPPOSED this effort as Prince George's County already has an effective foreclosed/vacant property registration ordinance with no registration fee and very low impact on REALTORS®. This issue was addressed statewide as well. See HB 1373 under the state bill review.
HB 888 - WSSC - Residential Rental Property - Delinquency - Receivership
STATUS: Failed in Committee
This bill would have allowed the Washington Suburban Sanitary Commission or tenants of residential rental property in the sanitary district to institute an action for receivership upon "non-performance" of the property owner (i.e. when property owner is delinquent to WSSC). The bill attempted to establish a procedure for petitioning a circuit court for appointment of a receiver to collect payments on behalf of the WSSC.
PGCAR ACTION - PGCAR supported the bill after negotiating an amendment to clearly specify that the receivership only pertained to rental property structures consisting of five or more rental units.
HB 892 - Qualifying Municipal Corporations - Land Use Decisions
STATUS: Failed
This bill would have authorized municipalities with a population of at least 20,000 residents to make land use decisions within their corporate limits.
PGCAR ACTION - PGCAR OPPOSED the bill for numerous reasons: property owners would have been required to obtain approvals from not only State or County agencies but from municipal agencies as well, adding another approval layer complicates the process, County zoning officials possess the expertise and experience to regulate land uses.
HB 894 - WSSC - Unpaid Water and Sewer Charges - Collection and Liens
STATUS: Failed in Committee
In the event of outstanding debt owed to the Washington Suburban Sanitary Commission, this bill would have permitted the WSSC to impose a lien on the subject property.
PGCAR ACTION - PGCAR was OPPOSED to this legislation as the bill proposed, in a very vague manner, to impose a lien on residential properties where the WSSC customer was past due on owed services. PGCAR representatives testified that an additional lien process would hinder sales of foreclosed properties.
HB 896 - WSSC - Transparencies and Rate Relief Act of 2012
STATUS: PASSED, Effective 6/1/2012
This bill requires, beginning on June 1, 2013 that each property tax bill (if applicable) contain information relative to the remaining number of annual front foot benefit payments. In addition, the bill creates a Task Force to study WSSC rates and charges.
PGCAR ACTION - Support
HB 897 - Property Tax - Installment Payment Schedule
STATUS: PASSED, Effective 10/1/12 for tax years beginning after 6/30/2013
The bill provides a mechanism for the County to offer a six month installment property tax payment program for property owners of age 62 or older. To qualify the property must be owner-occupied and NOT subject to a deed of trust, mortgage or other encumbrance.
PGCAR ACTION - PGCAR supported this concept.
HB 900 - Proposed Subdivisions - Development Impact Fees for Traffic Mitigation
STATUS: Passed, Effective 10/1/2012
Draft one of this bill would have allowed developers to pay a proportionate share of funds into an escrow account for future infrastructure improvements. Previously the County offered this service called a "road club." The bill was amended to allow MNCPPC to establish a development fee for infrastructure improvement that would be handled in a similar manner.
PGCAR ACTION - PGCAR supported this effort, along with the building industry as it will enable development projects to move forward resulting in increased land values.
Maryland Association of REALTORS®
Bill Castelli, Vice President of Government Affairs - MAR
The 2012 Maryland General Assembly considered legislation impacting real estate in the following areas:
Affordable Housing & Tax Issues ~ Real Estate Brokerage & Contracts
Common Ownership Communities
Land-use, Property Rights, & the Environment
Property Management ~ Commercial & Others
Click Here for a Complete Summary of 2012 County and State Real Estate Legislation >
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
FEDERAL LEGISLATIVE NEWS
FEDERAL HOUSING POLICY COMMITTEE
NOTES FROM MAY 16, 2012 NAR MIDYEAR MEETING
Policy Issues and Discussion
Federal Guarantee of FHA Mortgages
During recent debate on the Federal Housing Administration (FHA) reform bill, a proposal was offered to lower the guarantee amount for FHA loans. Currently, these loans are 100% guaranteed by the federal government. In contrast, VA loans only have a 25% guarantee, and Rural Housing loans have a tiered guarantee of no more than 90%. Reducing the guarantee will lessen taxpayer risk from FHA loans, and will increase FHA reserves. However, there is concern that lenders will reduce participation in the program and will increase costs. The Committee will discuss.
Legislative/Regulatory Updates
FHA Premiums & Legislation
On April 1, 2012, the FHA increased its annual mortgage insurance premium for all loans by 10 basis points (0.10 percent), bringing the total cost from 1.15 percent of the loan amount to 1.25 percent. Starting June 1, 2012, loans above $625,500 premiums will see an increase of an additional 0.25 percent of a percentage point, bringing the total premium costs up to 1.5 percent of the loan amount. The FHA also announced it will raise a fee for the upfront mortgage premium by 0.75 of a percentage point, which will now total 1.75 percent of the loan amount.
The House Financial Services Committee passed H.R. 4264, the "FHA Emergency Fiscal Solvency Act of 2012," introduced by Rep. Judy Biggert (R-IL). NAR supported the measure which strengthens the FHA's financial solvency by barring unscrupulous lenders from participating in the program; allows the FHA to collect losses from lenders who made material errors in underwriting or committed fraud; and strengthens financial oversight and disclosure. The bill will also give the FHA flexibility to increase premiums, if needed to restore reserve levels.
NAR was successful in defeating amendments to mandate increased premium levels and reduce the federal guarantee on loans. Previous versions of the bill (which NAR opposed) also included increases to the down payment requirement, eliminated the loan limit floor, and eliminated the cap on premium increases. Given the concerns about the FHA's overall fiscal stability, this bill balances the needs to protect the fund from taxpayer risk with the need to continue to provide access to safe and affordable mortgage financing. There is not any plan for timing on the House Floor, and there is no Senate companion.
Condominiums
NAR continues to work with the FHA and Congress to relax the restrictive condo rules, especially as they relate to delinquent homeownership association (HOA) dues; certification requirements; and owner-occupancy rules. One of our Hill Talking Points is a Congressional sign-on letter urging HUD to ease these restrictions.
Seller Concessions
NAR responded to the FHA proposed rule on seller concessions by recommending that the FHA allow seller concessions at a maximum of 3.0 percent or $6,000, whichever is greater; especially in areas of the country with higher closing costs. NAR also recommended that HUD provide additional guidance with respect to the $6,000 cap being tied to the FHA national loan limit floor. Finally, NAR strongly urged that payments of HOA fees be a permitted concession in the final rule.
REO Pilot
The Federal Housing Finance Agency (FHFA) announced a pilot program to be operated by Fannie Mae to sell nearly 2,500 foreclosed properties in six hard hit foreclosure states for the purpose of providing rental housing. This is the first pilot project to be offered in the Obama Administration's plan to expedite the disposition of foreclosed properties held by Fannie Mae, Freddie Mac, and the FHA. In a letter to the regulators, President Moe Veissi recommended that regulators take a cautious approach when evaluating the benefits of rental programs versus other foreclosure prevention efforts that focus on keeping families in their homes as homeowners - including the Treasury Department's HAMP and HARP programs. NAR recommends that the bulk sale of REO assets should be limited to small geographic areas where alternatives are needed and should rely on the expertise of local businesses, nonprofit organizations and local government for implementation.
Rural Housing
As a result of the 2010 census, more than 500 communities are expected to be declared ineligible for rural housing programs due to population growth. Congress has not updated the definition of "rural" since 1974. Instead, every 10 years, following the census (beginning in 1980), Congress has grandfathered communities eligible for rural housing loans but above the 20,000 population cut off. There is legislation in the Senate Agriculture Appropriations bill to grandfather communities for one year, but Congress is also considering updating the definition.
VA Home Loans
The House Committee on Veterans' Affairs passed H.R. 4482, introduced by Chairman Jeff Miller (R-FL) to make VA ARM and hybrid ARM products permanent. Authority for the ARMs was set to expire on September 30, 2012, but this legislation will make the programs permanent. NAR supports this legislation which now moves to the House Floor.
Other Business
RPAC Challenge
Federal Housing Policy Committee is currently at 83 percent of RPAC participation. It is important to increase this number. NAR President Moe Veissi and his Leadership Team have challenged all NAR Committees to achieve 100% Participation in the RPAC. Committees that reach this goal will be recognized at the 2012 Annual Convention in Orlando in November.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
ADDITIONAL ISSUES OF INTEREST
Condominium Sales
Sixty-nine Members of the House of Representatives wrote to the Federal Housing Administration (FHA) last week, asking them to loosen restrictions on the sale of condominiums. Lead by Representatives Fitzpatrick (R-PA) and Cleaver (D-MO), the letter focused on four major concerns with the current condo rules:
- Treatment of delinquent dues,
- Property certification requirements,
- Owner-occupancy requirements, and
- Treatment of commercial space.
The letter urges the FHA to reform these requirements that place burdens on seller, buyers, condominium properties and homeowners associations. This issue was a focus of NAR's recent Midyear meetings and Capitol Hill visits. The FHA is in the process of reviewing the condo rules and revised rules are expected soon.
Click here to to see if your Member of Congress signed the letter >
(No Maryland Representatives signed the letter.)
Veterans Renovation Pilot Program
NAR President, Moe Veissi, sent a letter to the U.S. Department of Veterans Affairs (VA) Secretary, Eric Shinseki, asking the agency to offer a Veterans Renovation Pilot Program similar to the FHA's 203(k) Program. The program would be run through the VA's Loan Guaranty Program and, like the FHA's 203(k) Program, would promote homeownership and be an important tool for community and neighborhood revitalization and stabilization.
Under the Veterans Renovation Pilot Program, veterans would use their guaranty to purchase single family homes in need of renovation and repair. The borrower would get just one mortgage loan, at a long-term fixed rate, to finance both the acquisition and the rehabilitation of the property. To provide funds for the rehabilitation, the mortgage amount would be based on the projected value of the property with the work completed, taking into account the cost of the work. Renovations should be completed only by licensed and bonded contractors.
The Veterans Renovation Pilot Program would be offered in all markets, especially those with a high concentration of veterans. Such a program today would be very useful in dealing with the supply of Real Estate Owned (REO) properties. The program would also be effective in areas with a large stock of older homes in need of renovation, just as the FHA program has been for years.
Click here to read NAR's Letter to the VA Secretary >
Discounted Premium for Counseling
NAR sent a letter to Representative Karen Bass (D-CA) supporting the "Homeownership Preservation Education Act of 2012." This legislation would direct the FHA to create a pilot program that would provide first time homebuyers an opportunity to reduce their insurance premiums by participating in homeownership counseling. The program would be limited to one year and the FHA would be required to report to Congress on the program's progress. The legislation has been referred to the House Financial Services Committee.
Click here to read NAR's letter to Rep. Karen Bass >
Rural Housing Update
NAR is supporting Senators Nelson (D-NE) and Johanns (R-NE), who offered a full 10-year grandfathering amendment to the Farm Bill, which was passed by the Senate on June 21, 2012. Their amendment also increases the population threshold for existing communities from 25,000 to 35,000. As a safeguard, the Senate Appropriations Subcommittee on Agriculture have also included a one-year grandfathering clause in their bill. NAR is working with House authorizers and appropriators to attach the provisions to the Farm Bill and Appropriations bills in the House.
Click here to read more about the Farm Bill >
Distressed Asset Stabilization Program Expanded
In 2010, the FHA introduced a pilot program to sell more than 2,000 single family loans to private servicers. The price of the loans was determined by the market, but was generally less than the principal owed. The loans were all seriously delinquent. In purchasing the loans - with the intention to help borrowers find an affordable solution to stay in their homes - servicers agreed not to foreclose on borrowers for at least an additional six months.
On Friday, June 8, 2012, the FHA announced an expansion of this program that could see the agency sell 20,000 loans annually (up to 5,000 each quarter). Loans can only be sold after the servicer has exhausted all steps in the FHA loss mitigation process and foreclosure proceedings have been initiated. The servicer purchasing the loans agrees to delay the foreclosure by at least six months and to give direct help to the borrower to find an affordable solution, which may include a short sale or loan modification.
Additionally, the servicer cannot allow more than 50 percent of the purchased portfolio to become REO and, if the borrower and servicer are unable to bring the loan out of default, the servicer will hold the loan for at least three years. More information will be available soon.
For additional information on Federal Legislative News, feel free to contact Megan Booth (MBooth@Realtors.org or 202.383.1222) or Jerry Nagy (JNagy@Realtors.org or 202.383.1233).
|