SRCAR has a suggestion box on it’s website at www.srcar.org. The following message was posted and sent to MRMLS for comment. Their response is also included. Thank you.

Suggestion Submitted Online
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Suggestion :

The new ” update” is now going to double the amount of printing we have to do per listing!! The print is too small and now takes two pages per listing. Enlarging the view causes it to print on two pages. We waste so much paper and ink!!! This will double the waste. We all spend hundreds on ink and now morewill be needed?

Reply:

We’ve retained our old full report which was designed to fit to a single page and have the same look. It’s now called Agent Full Abbreviated. It uses the same fonts and should have the same ink usage.

Rob

C.A.R.’S 2008 FEDERAL LEGISLATIVE PRIORITIES

C.A.R. lobbied hard for REALTORS® in Washington D.C. during the 1st session of the 110th Congress. While there were some strong victories for REALTORS®, our work is not done and is continuing into the 2nd session during 2008. Priorities for 2008 include:

GSE OVERSIGHT & CONFORMING LOAN LIMITS SENATE ACTION REQUESTED:

That the Senate introduce and pass legislation to reform GSE oversight and create a new GSE regulator with powers that include the authority to set high-cost conforming loan limits by an area’s median home price.

FHA REFORM HOUSE & SENATE ACTION REQUESTED:

That the House and Senate pass FHA legislation out of conference that includes higher loan limits to reform FHA loans to help make them a more viable option to American homeowners.

SUBPRIME AND PREDATORY LENDING HOUSE & SENATE ACTION REQUESTED:

That the House and Senate recognize that many states have strong laws concerning predatory lending and that the regulation of the property lending market is best done at the state level. Any federal legislation concerning predatory lending should not preempt state laws.

VA LOAN LIMIT HOUSE & SENATE ACTION REQUESTED:

That the House and Senate pass legislation that allows for the VA loan limit to include a high-cost conforming loan limit in order to allow Veterans in high-cost states to have access to the VA Home Loan Program.

NATURAL DISASTER INSURANCE HOUSE & SENATE ACTION REQUESTED:

That the Senate introduce and pass legislation that would create a reinsurance program to encourage more participation by insurance companies in the homeowner’s insurance market.

BANKS OUT OF REAL ESTATE HOUSE & SENATE ACTION REQUESTED:

That the House pass H.R. 111 and the Senate pass S. 413, the Community Choice in Real Estate Act, which will permanently prohibit banks from entering commerce.

SACRAMENTO WEEKLY UPDATE: STATE LEGISLATURE KICKS OFF NEW YEAR

This week, C.A.R. is actively working on several important pieces of legislation, as the second half of the 2007-08 session kicks into gear. For example, C.A.R. is the sponsor of AB 1356 (Houston) Agents of Equity Purchasers, which is scheduled to be heard by the Assembly Judiciary Committee on January 15. Existing law effectively (and inappropriately) precludes legitimate agents from representing investor purchasers of properties that are in foreclosure. The prohibition is the inadvertent result of requiring buyers’ agents to purchase a bond for the sale for twice the value of the property. These bonds are not available. This bill will allow alternate means of demonstrating financial responsibility by maintaining E&O insurance in a similar amount and by certifying that the licensee is in good standing with the DRE, and providing consumers with access to the Real Estate Recovery Fund for protections against fraud.

In addition to its sponsored legislation, C.A.R. is also working on a number of other bills:

C.A.R. opposed unless amended AB 1646 (DeSaulnier) Public Health Districts, which was scheduled to be heard by the Assembly Health Committee on January 8, but was removed from the committee’s calendar at the author’s request. The bill has been re-scheduled to be heard by the Assembly Revenue and Taxation Committee on January 14.

C.A.R. is seeking amendments to AB 75 (Blakeslee) Parks and Recreation Easements, which is scheduled to be heard by the Assembly Water, Parks and Wildlife Committee on January 15.

C.A.R. supports AB 1159 (Coto) State Earthquake Authority, which is eligible for consideration on the Senate Floor.

C.A.R. supports AB 1309 (C. Calderon) Mobilehome Rent Control, which is eligible for consideration on the Assembly Floor.

C.A.R. opposes unless amended SB 127 (Kuehl) Property Transfer Disclosures, which is eligible for consideration on the Assembly Floor.

C.A.R. opposes unless amended SB 926 (Perata) Mortgages, which is scheduled to be heard by the Senate Judiciary Committee on January 15 and by the Senate Banking, Finance and Insurance Committee on January 16.

C.A.R. supports SB 1007 (Machado) Exchange Facilitators, which is scheduled to be heard by the Senate Banking, Finance and Insurance Committee on January 16.

MITIGATION, RATHER THAN AVOIDANCE, CONTINUES TO DOMINATE IN FIRE-PRONE CALIFORNIA

In the aftermath of the state’s recent devastating fires, local land use policies and their relationship to the increase in fires have become the focus of attention. According to the California Planning and Development Report, local governments have historically been in favor of fireproofing their neighborhoods rather than forcing developers to steer clear of fire-prone areas. In an era when California is running out of places to put people, avoidance is not always viewed as a viable option. There is evidence that better fire mitigation at the neighborhood level is working. Four years ago a subdivision near Santa Clarita in unincorporated Los Angeles County survived a nearby fire without much trouble. This was attributed to a wide variety of mitigation practices required by Los Angeles County building inspectors. The City of San Diego subsequently focused on mitigation by outlawing wood roofs. On the avoidance side, as a consequence of the recent fires, Riverside County is considering the possibility of creating a fire hazard zone that would not permit development.

CP&DR also explains that in unincorporated areas with timberlands, rangelands, or watersheds, counties bear financial responsibility for firefighting if subdivisions contain more than 3 units per acre. If a subdivision contains less than 3 units per acre, then the state has financial responsibility to pay for the firefighting. Due to the deployment of firefighters in accordance with the law to areas with structures in it, increased development in the state’s geographical area has contributed to CDF’s budget increasing 83% during the last decade. As with so many other land use policy issues in California, it is at least partly a question of who bears the cost, the local governments or the state.

HUMBOLDT COUNTY TIGHTENING THE SCREWS ON DEVELOPMENT

The Humboldt County Board of Supervisors is taking steps to tighten restrictions on development on two different fronts. Local REALTORS® report the county is considering an emergency inclusionary zoning ordinance that Supervisors hope will “save” the county from its housing shortage.

REALTORS® have done some investigation, specifically looking at the town of Arcata, which has its own inclusionary zoning ordinance and where one developer testified at a County hearing he had “walked away from” doing business because of the added costs created by this policy. REALTORS® have identified an increase in development costs, cluster developments that create inefficient developments, and over regulated building and design codes being implemented that are almost impossible to satisfy. Most of the fees for implementation are passed on to the developers along with the request that they (developers) are responsible for correcting infrastructure issues that are or always have been the county’s/cities’ duties. Although the Humboldt County Board of Supervisors had pushed for adoption of an ordinance by the end of 2007, the issue has been pushed back and will be on the agenda again in February.

Meanwhile, the county is also moving toward adopting policies that would limit residential development on land zoned for timber production. In early October, the Board of Supervisors adopted a 45-day moratorium on residential construction on lands designated timber production zone (TPZ). Two weeks later, the board directed the county Planning Commission to consider drafting an ordinance that would require a conditional use permit for a house on TPZ land. The board also directed the Planning Commission to consider, during the general plan update process, establishing separate TPZ categories for industrial and non-industrial timberlands.

INDEPENDENT STUDY IDENTIFIES FLAWS WITH INCLUSIONARY ZONING POLICIES

The Independent Institute has conducted a study which investigates several claims against local inclusionary zoning policies. The study discusses the history of regulatory takings and discusses how this applies to below-market housing mandates. It also investigates how much below-market housing mandates cost developers and whether below-market housing mandates actually make housing more affordable.

COUNTIES TRY TO REGULATE MOBILE HOME PARK CONVERSIONS

At least two counties in Southern California are looking seriously at the issue of mobile home park conversions. REALTORS® in San Luis Obispo County report their Board of Supervisors is considering an ordinance that would mandate owners to relocate or compensate tenants when a park is converted. If passed, owners would be required to relocate affected mobilehomes to a comparable park within 20 miles. If no vacant park space is available, the owner must buy the mobilheome at market value.

According to the Los Angeles Times, the Ventura County Board of Supervisors is considering a proposal that would require owners to notify the county and park tenants before converting their parks. It would also require that tenants be surveyed to determine how many were interested in becoming owners. Park owners would have to analyze how a conversion would affect existing tenants and rents. In addition, the analysis would have to outline the potential to relocate coaches to other parks in the county, determine space availability and estimate costs.

LOS ANGELES EYEING MANSIONIZATION RESTRICTIONS

A proposal to limit the size of new or remodeled homes in the flatlands of Los Angeles is advancing through city hall. According to the Los Angeles Times, the proposal would restrict homes in single-family R1 zones — about 234,000 houses — to square footage equal to half the size of their lots, plus another 400 square feet for a garage. The height limit of 33 feet for R1 homes would remain the same but could be reached only with a pitched roof, a requirement intended to discourage shoe box-style houses.

Homes in seven other residential zones would face tighter restrictions. Owners in all zones could gain additional square footage if they agree to build smaller upper stories or set back part of a home’s front.

CITIES PROTECT INDUSTRIAL LANDS

Some cities are imposing regulations to protect their industrial lands, according to California Planning & Development Report. The three largest cities in the Bay Area (San Jose, San Francisco, Oakland) have all taken steps to prevent their industrial lands from getting consumed by uses that do not generate jobs. Public officials in Los Angeles, Orange, and San Diego counties have also wrestled with the issue. During the market downturn, however, pressure has eased to use industrial land for housing.

REALTORS® SPONSOR FORECLOSURE PREVENTION EVENT IN ANTELOPE VALLEY

The Greater Antelope Valley Association of REALTORS® and the California Association of REALTORS® are planning to hold a foreclosure prevention event on Feb. 9 from 8:30 a.m. to 3 p.m. at the Central Christian Church in Lancaster, 3131 West Ave. J. The aim of the event is to provide information from lenders, HUD officials, credit counselors, and others to inform homeowners how they can mitigate or resolve their mortgage troubles.

C.A.R. SPONSORS HOME BUYER’S FAIR

C.A.R., in participation with the Los Angeles Times, will present the Southern California Home Buyer’s Fair Saturday, March 1, and Sunday, March 2 at the Los Angeles Convention Center in downtown Los Angeles. The Southern California Home Buyer’s Fair will feature more than two dozen educational seminars presented in English and Spanish, designed to address many of the concerns of first-time home buyers and arm them with all of the practical information they need toknow as they begin the road to homeownership.

Member Legal Services has published a revised legal article, Taxation of Foreclosures, Deeds in Lieu of Foreclosure, and Short Sales (January 8, 2008). It is available on Legal’s What’s New and the Legal Articles pages on C.A.R. Online. This legal article has been revised to reflect the changes in the tax law after passage of the Mortgage Forgiveness Debt Relief Act of 2007 signed by the President on December 20, 2007. In particular, Questions 9 and 13 reflect these changes.

THE LEGISLATURE RECONVENED ON…JANUARY 7, 2008

We are starting the second year of a two-year cycle! We are going to have a full Legislative Agenda and we will need your help throughout 2008! Here are a few of the bills on which C.A.R. is currently working:
Legislation Update:

C.A.R. supports AB 1159 (Coto) State Earthquake Authority,

which is eligible for consideration on the Senate Floor. As introduced, this measure addressed a non-real estate related topic. As amended, AB 1159 is identical to SB 430, which was signed into law by the Governor in October of 2007. Both AB 1159 and SB 430 were introduced to improve the financial condition of the California Earthquake Authority (CEA) which will be jeopardized, due to the December 1, 2008, sunset of CEA’s authorization to use one of the two “insurer assessment layers” for financing. This bill creates a new assessment for the CEA by authorizing a new insurance assessment layer to last for 10 years beginning December 1, 2008, that will equate to a $1.3 billion industry assessment that could be utilized to pay earthquake claims and expenses. This new assessment would be reduced by five percent per year after the first year, but the 10-year term and reduction could be extended for up to two additional years if the CEA pays at least $500 million in claims as a result of a single earthquake event. C.A.R. supports AB 1159 because the viability of the CEA is necessary to the availability of homeowners insurance in California.

C.A.R. supports AB 1309 (C. Calderon) Mobilehome Rent Control, which is eligible for consideration on the Assembly Floor. California has had vacancy decontrol for apartments since 1995 under the Costa-Hawkins Rental Housing Act which C.A.R. successfully co-sponsored. AB 1309 will insert vacancy decontrol provisions into local mobilehome rent control ordinances. As with apartment vacancy decontrol, this bill does not prohibit rent control nor does it raise rents for existing tenants beyond that permitted by local ordinance. Rather, vacancy decontrol only permits an owner of a mobilehome park to raise space rent to market price for a new resident when the space or mobilehome unit is voluntarily vacated, which usually happens when the unit is sold. C.A.R. supports AB 1309 because vacancy decontrol removes some of the negative impacts caused by rent control, which include discouraging investment in, and construction of, new mobilehome parks.

C.A.R. opposes unless amended AB 1646 (DeSaulnier) Public Health Districts, which is scheduled to be heard by the Assembly Health Committee on January 8. AB 1646 would authorize county boards of supervisors to establish public health districts that would be charged with providing disease prevention, surveillance, and containment. The county supervisors would either sit as the district’s governing board, appoint the governing board or require that the board be elected by the voters of the district. Finally, this bill grants the board the authority to levy a parcel tax, which is subject voter approval, to fund the establishment and administration of the public health district. C.A.R. will oppose AB 1646 unless it is amended to remove parcel tax as a funding source. The cost of addressing public health needs should be borne across society and not be property owners alone.

C.A.R. opposes unless amended SB 127 (Kuehl) Property Transfer Disclosures, which is eligible for consideration on the Assembly Floor. As introduced, this bill would have required all transactional disclosure documents to be delivered within three days of the “execution” of an offer to purchase. As amended, this measure would require all transactional disclosure documents to be delivered within ten days of the “execution” (by which the author means acceptance) of an offer to purchase. C.A.R. opposed SB 127 because it would have imposed a “one size fits all” time frame which would make compliance difficult for many transactions, and would not have allowed time frames to be negotiated. C.A.R. was successful in obtaining amendments that allow both parties to the transaction to agree to change, in writing, the time period for delivering transaction disclosures. With this amendment, C.A.R. had removed its opposition. Recent amendments to the bill, however, have renewed C.A.R.’s opposition. As amended, SB 127 requires a separate document when both parties to the real estate contract negotiate for a disclosure delivery time longer than ten days and would not allow the agreement to be contained within a single contract or deposit receipt. C.A.R. opposes the bill because it would create unnecessary compliance burdens even in the great majority of transactions that do not involve a negotiated timeline.

NAR NEWS

Stable Home Sales Expected Before Gradual Rise
Over the next few months, existing-home sales are expected to hold fairly steady as indicated by pending sales activity, then rise later in the year and continue to improve in 2009, NAR says. “On the one hand, we have a pent-up demand from the four million jobs added to our economy over the past two years of sales decline,” says Lawrence Yun, NAR chief economist. “On the other, consumers continue to wait for additional signs of market stabilization. There are more people with financial capacity to buy now than in 2005, but many are trying to market-time their purchase. As a result, the exact timing and the strength of a home sales recovery is a bit uncertain. A meaningful recovery in existing-home sales could occur as early as this spring, or it may be further delayed toward late 2008.” The Pending Home Sales Index, a forward-looking indicator based on contracts signed in November, fell 2.6 percent to a reading of 87.6 from a strong upward revision of 89.9 in October.

2009 NAR Slate of Officers Announced
The NAR Nominating Committee announces the following slate of 2009 officers for the association: Charles McMillan, Irving, Texas, president; Vicki Cox Golder, CRB, Tucson, Ariz., president-elect; Ronald Phipps, GRI, CRS, Warwick, R.I., first vice president; and James L. Helsel, Jr., CCIM, CPM, CRE, GRI, SIOR, Lemoyne, Pa., treasurer. The Nominating Committee’s slate for 2009 will be voted on by the NAR Board of Directors at the 2008 Midyear Legislative Meetings, in Washington, D.C.

ISSUE UPDATES

Federal Government Ramps Up RESPA Enforcement
HUD responded to more than 6,600 RESPA-related inquiries and complaints related to the Real Estate Settlement Procedures Act (RESPA) in fiscal year 2007, up 121 percent over its goal of 3,000 and up 205 percent over its previous record response rate of 1,355 in FY 2006. A Nov. 15 HUD report says the agency’s actions have helped restore money to consumers. “Consumer redress cases returned over $1 million to consumers, who complained about unearned fees, misapplied loan payments, unpaid property taxes, and unpaid insurance premiums,” the report says. Twelve settlement agreements also resulted in payments of more than $5 million. Longer term, the heightened scrutiny has made the public more aware of RESPA-related problems, the report says. For more info, contact Scott Rinn, 202/383-7508.

President’s Podcast: How Political Involvement Helps You
Business success and political involvement go hand-in-hand, NAR President Dick Gaylord says in his podcast. President Gaylord encourages REALTORS® to get involved in RPAC and NAR’s grassroots advocacy efforts.

30-Under-30 Nomination Deadline Nears
Jan. 14 is the last day to nominate a rising star among your association membership. REALTOR® Magazine is seeking nominations for its popular “30 under 30″ feature showcasing successful practioners under the age of 30.

Remaining Relevant in Today’s High-Tech World
Download a presentation by NAR Chief Technology Officer Mark Lesswing in how brokers and their associates stay relevant in a Web 2.0 world, and even in a Web 3.0 world