IMPARTIAL ANALYSIS BY THE CITY ATTORNEY
OF MEASURE KK


 

    This measure would amend the City Charter to eliminate a restriction on the use of Tenant Ownership Rights Charter Amendment (TORCA) tax revenues so that all of those revenues not expended on administrative costs could be used for low income housing.  At present,  restrictions limit the portion of the revenues that can be used for that purpose. 

            The TORCA tax is collected on each apartment converted to a condominium.  The tax is equal to twelve times the Maximum Allowable Rent for the unit at the time the tax is paid, which is either when the subdivision map is approved or when the unit is sold.  Originally, TORCA tax revenues could only be used to help households in converted units purchase or improve their units, with revenue expenditures to be equally divided between low and moderate income households..  As originally restricted, the TORCA tax revenues were underutilized; and, over the years,  the voters amended the City Charter twice to expand the allowable use of the revenues.   

            At present, half of the TORCA tax revenues can be used to assist the City or a nonprofit housing development corporation to purchase, acquire, rehabilitate, construct, finance or subsidize low income housing.  The other half of the TORCA tax revenues must be used for the purchase, rehabilitation, or lease of converted units.  The number of tenants seeking City loans to purchase converted units has dwindled.  Therefore, as presently restricted the TORCA revenues remain underutilized. 

            The proposed measure would eliminate the present restrictions on the use of TORCA revenues, allowing all of the revenues to be used for low and moderate income housing.  However, the revenues could still be used for the purchase, improvement or lease of converted units. 

            The proposed amendment would also eliminate the requirement that the tax proceeds designated for funding TORCA conversions must be equally divided between low and moderate income households.

 

PREPARED BY:       Marsha Jones Moutrie
 Barry Rosenbaum 

WORD COUNT: 329

 

Back to Election 2002 Main Page

 


Acrobat Reader must be loaded on your computer in order to view PDFs. Click on the Adobe icon to download the free Acrobat Reader.

This page was last modified on 01/23/2008