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Los Angeles, California, Proposition ULA, Tax on $5 Million House Sales Initiative (November 2022)

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Los Angeles Proposition ULA

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Election date

November 8, 2022

Topic
Local property tax
Status

ApprovedApproved

Type
Initiative


City of Los Angeles Proposition ULA was on the ballot as an initiative in Los Angeles on November 8, 2022. It was approved.

A "yes" vote supported a ballot initiative to:

  • enact a 4% tax on properties sold or transferred for more than $5 million and a 5.5% tax on properties sold or transferred for more than $10 million;
  • establish the House LA Fund within the city treasury to collect additional tax revenue; and
  • allocate revenue to projects that address housing availability at certain income thresholds and homelessness prevention.

A "no" vote opposed enacting a 4% tax on properties sold or transferred for more than $5 million and a 5.5% tax on properties sold or transferred for more than $10 million.


Election results

Los Angeles Proposition ULA

Result Votes Percentage

Approved Yes

512,808 57.77%
No 374,934 42.23%
Results are officially certified.
Source


Aftermath

On December 21, 2022, lawyers for the Howard Jarvis Taxpayers Association and Apartment Association of Greater Los Angeles filed a lawsuit against Proposition ULA. The lawsuit said that "great and irreparable harm will result to plaintiffs, and to all Los Angeles property owners in being required to pay unconstitutionally imposed taxes."[1] Laura Raymond, co-chair of the campaign behind Proposition ULA, responded, "We are disappointed — but not surprised — that real estate and corporate interests are fighting to preserve the status quo and perpetuate our homelessness and housing crisis, after unsuccessfully spending about $8 million to scare city voters."[1]

On September 5, 2023, Judge John Kronstadt dismissed the case, ruling that the issue was not in the purview of federal courts. "Federal courts are courts of limited jurisdiction. Accordingly, when a federal court finds that it lacks subject matter jurisdiction, it must dismiss the complaint in its entirety," said Judge Kronstadt.[2]

Measure design

Proposition ULA enacted a 4% tax on the sale or transfer of properties valued at more than $5 million and a 5.5% tax on the sale or transfer of properties valued at more than $10 million. The ballot measure established the House LA Fund to collect tax revenue and allocate funds to projects designed to prevent homelessness and to address housing availability at certain income thresholds. The ballot measure also created a citizen's oversight committee tasked with developing funding guidelines, assessing project needs, and auditing expenditures.[3]

Text of measure

Ballot title

The ballot title for Proposition ULA was as follows:

Shall an ordinance funding and authorizing affordable housing programs and resources for tenants at risk of homelessness through a 4% tax on sales/transfers of real property exceeding $5 million, and 5.5% on properties of $10 million or more, with exceptions; until ended by voters; generating approximately $600 million - $1.1 billion annually; be adopted? 

Ballot summary

The ballot summary for this measure was:

This citizen-sponsored ballot initiative would amend City law to add a tax on the sale or transfer of real property valued over $5 million to fund affordable housing and tenant assistance programs. The City collects a tax on the sale or transfer of property. The proposed ordinance would impose an additional tax as follows: • A 4 percent tax on the sale and transfer of real property valued over $5 million but less than $10 million; and • A 5.5 percent tax on the sale and transfer of real property valued at $10 million or greater.

The property value threshold subject to the tax would be adjusted annually based on the Chained Consumer Price Index. Qualified affordable housing and government entities would be exempt from the tax.

This tax is estimated to generate $600 million to $1.1 billion annually. At least 92 percent of the proceeds from the tax would fund affordable housing under the Affordable Housing Program and tenant assistance programs under the Homeless Prevention Program. No more than 8 percent would fund program administration, reporting, compliance, and implementation.

This measure’s goals include increasing the supply of affordable housing, addressing the need for tenant protections and assistance programs, and building organizational capacity of organizations serving low-income and disadvantaged communities, among others.

The Affordable Housing Program would fund the development of affordable housing to serve acutely low, very low, and low-income households. Housing units would be affordable for 55 years or permanently, if permitted by law, and be subject to resale restrictions.

This program would fund affordable housing, including: • Development of multifamily housing; • Alternative housing solutions that can include new supportive and affordable rental or mixed rental/homeownership projects, with up to 20 percent of the units available at market rate and 20 percent set aside for acutely or extremely low-income households; • Acquisition, preservation, lease, rehabilitation, or operation of affordable housing; and • Homeownership opportunities, capacity-building for Community Land Trusts and similar organizations, operating assistance, and rental subsidies.

The Los Angeles Housing Department (LAHD) would have authority to approve funding of up to $50 million per project without City Council review and approval. The measure would require payment of prevailing wages and housing developments with 40 or more units would need to comply with certain project labor agreements. If a project results in displacement of a tenant, relocation assistance and right of first refusal for a comparable unit in the development would apply.

The Homeless Prevention Program would fund resources such as: • Rental and income assistance; • Eviction defense and prevention programs; • Tenant outreach and education; • Tenant harassment protections; and • A Tenant Council, comprised of tenants and currently homeless individuals living in the City. Members with diverse backgrounds would be appointed by the Mayor, subject to approval of the City Council. The Tenant Council would advise LAHD, the Citizens Oversight Committee, and City Council on activities related to tenant protections and fair housing.

This measure creates a 15-member Citizens Oversight Committee, comprised of 13 voting members and two advisory youth members. Members with diverse backgrounds and expertise would be appointed by the Mayor, subject to approval of the City Council. The committee would make recommendations to the City Council on funding guidelines, conduct housing-needs assessments, monitor program implementation, and audit fund expenditures.

LAHD would provide an annual Expenditure Plan to the Citizens Oversight Committee and the City Council with projected revenue and expenditures for at least three years. Funds must be expended within a specified timeline and may be periodically reallocated among categories in accordance with need, subject to certain procedures.

This measure will become effective if approved by a majority of voters.

Full Text

The full text of this measure is available here.


Support

United to House L.A. led the campaign in support of the measure.[3]

Supporters

Political Parties

  • Democratic Party of Los Angeles
  • Los Angeles County Young Democrats
  • San Fernando Valley Young Democrats
  • West Valley Democrats
  • Westside Young Democrats

Unions

  • AFSCME District Council 36
  • IBEW Local 11
  • SEIU 2015
  • SEIU Local 721
  • SEIU United Healthcare Workers West
  • Teamsters Joint Council 42
  • UNITE HERE Local 11

Organizations

  • ACLU SoCal
  • ACT LA
  • Alliance for Community Transit-Los Angeles
  • California Community Foundation
  • California Democratic Renters Council
  • California Poor People’s Campaign
  • California YIMBY
  • Center for Biological Diversity
  • Children's Defense Fund California
  • Coalition for Responsible Community Development
  • Communities for a Better Environment
  • Community Coalition
  • Community Corp. of Santa Monica
  • Community Housing Works
  • Community Power Collective
  • Downtown Women’s Center
  • Empowerment Congress Central Area Neighborhood Development Council
  • End Homelessness Now Los Angeles
  • Eviction Defense Network
  • Heart of LA Democratic Club
  • Housing Equity & Advocacy Resource Team
  • Housing Rights Center
  • Human Rights Watch
  • Hunger Action Los Angeles
  • Immigration Center for Women and Children
  • Inner City Law Center
  • Koreatown Immigrant Workers Alliance
  • L.A. Family Housing
  • LA Chinatown Community Land Trust
  • Liberty Hill Foundation
  • Los Angeles Black Worker Center
  • Los Angeles Center for Law and Justice
  • Los Angeles Community Action Network
  • Los Angeles County Federation of Labor, AFL-CIO
  • Los Angeles Tenants Union
  • Los Angeles Times Editorial Board
  • Mental Health Advocacy Services
  • National Health Foundation
  • National Lawyers Guild, Los Angeles
  • Neighborhood Housing Services of Los Angeles County
  • Nonprofit Finance Fund
  • People’s City Council Los Angeles
  • Sierra Club Los Angeles
  • Skid Row Housing Trust
  • Social Justice Learning Institute
  • Southern California Association of Nonprofit Housing
  • Stonewall Democratic Club
  • Tenants Together
  • Union Station Homeless Services
  • United Way Greater Los Angeles
  • United to House LA
  • West LA Democratic Club

Arguments

  • Laura Raymond, director of Alliance for Community Transit-Los Angeles: "We don’t have an ongoing permanent local source (of funding)... not at the scale that we need, and so what this is going to do is to raise money at the scale that we need."
  • Los Angeles Voter Information Pamphlet, Argument in Favor of Initiative ULA: “Initiative Ordinance ULA gives us a new and powerful opportunity to actually move people off of the streets and into housing. It would also prevent many low-income seniors from losing their homes when they are at-risk of homelessness. Here’s how it works: When someone sells a mansion or other real estate worth more than $5 million, Initiative Ordinance ULA would invest a small percentage of that revenue back into our communities. The money would be used to reduce homelessness, create more affordable housing, and provide financial aid and eviction protection to low-income seniors, veterans, people with disabilities, and other Angelenos at risk of homelessness. This measure is unlike anything we’ve tried before. Based on 2021-2022 real estate sales, Initiative Ordinance ULA could generate around $900 million every year. Initiative Ordinance ULA will go to work quickly by purchasing existing buildings and cutting red tape to create more affordable housing. The measure will also provide support to seniors and people with disabilities who have difficulty keeping up with housing costs.”
  • Laura Raymond, director of the Alliance For Community Transit-Los Angeles: “This measure is very different from anything that has been done in Los Angeles in the past. This is going to provide a broad range of strategies to both build affordable housing, acquire affordable housing and get people immediately into homes that need it, and also secure for years and years to come a permanent source of funding for housing.”


Opposition

Opponents

Organizations

  • Apartment Association of Greater Los Angeles
  • BizFed
  • Black Business Association
  • Building Industry Association of Southern California, Los Angeles/Ventura
  • Building Owners and Managers, Greater Los Angeles
  • California Black Chamber of Commerce
  • California Building Industry Association
  • California Hispanic Chambers of Commerce
  • California Hotel and Lodging Association
  • California Self Storage Association
  • California Small Business Association
  • Greater Los Angeles Hospitality Association
  • Greater Los Angeles Realtors
  • Howard Jarvis Taxpayers Association
  • L.A. County Business Federation
  • Latin Business Association
  • Los Angeles Area Chamber of Commerce
  • Los Angeles County Business Federation
  • Los Angeles Latino Chamber of Commerce
  • National Action Network, Western Region

Arguments

  • Jon Coupal, president of Howard Jarvis Taxpayers Association: "There's no need for this tax."
  • Los Angeles Voter Information Pamphlet, Argument opposing Ordinance ULA: “Vote NO on Initiative Ordinance ULA because it isn’t just a 4% tax on “mansions,” it’s a 4% tax on any property in L.A. that sells for more than $5 million. It will make the purchase of apartment buildings more expensive, and that will push housing costs higher as tenants pay this tax through higher rents. It’s also a tax on the sale of supermarkets, restaurants and shopping centers. The cost of living in L.A. is already too high, and Initiative Ordinance ULA will lead to higher prices for consumers.”


Path to the ballot

See also: Laws governing local ballot measures in California

United to House L.A. collected over 98,00 signatures. The required number of valid sigantures was 61,076. The petition was presented to the Los Angeles City Council, and on June 15 the city council voted 14-0 to place the measure on the November ballot.[3]

How to cast a vote

See also: Voting in California

See below to learn more about current voter registration rules, identification requirements, and poll times in California.

How to vote in California


See also

Footnotes

  1. 1.0 1.1 Los Angeles Times, "Howard Jarvis group, apartment owners sue to block L.A.’s new housing tax," December 23, 2022
  2. West Side Today, "Federal Challenge to Measure ULA Dismissed: Los Angeles Superior Court Now the Only Arena For ULA Legal Challenge," September 10, 2023
  3. 3.0 3.1 3.2 Los Angeles Daily News, "Ballot measure to tax sales of homes worth more than $5 million is approved by LA City Council," June 15, 2022
  4. California Secretary of State, "Section 3: Polling Place Hours," accessed August 12, 2024
  5. California Secretary of State, "Voter Registration," accessed August 13, 2024
  6. 6.0 6.1 California Secretary of State, "Registering to Vote," accessed August 13, 2024
  7. California Secretary of State, "Same Day Voter Registration (Conditional Voter Registration)," accessed August 13, 2024
  8. SF.gov, "Non-citizen voting rights in local Board of Education elections," accessed November 14, 2024
  9. Under federal law, the national mail voter registration application (a version of which is in use in all states with voter registration systems) requires applicants to indicate that they are U.S. citizens in order to complete an application to vote in state or federal elections, but does not require voters to provide documentary proof of citizenship. According to the U.S. Department of Justice, the application "may require only the minimum amount of information necessary to prevent duplicate voter registrations and permit State officials both to determine the eligibility of the applicant to vote and to administer the voting process."
  10. California Secretary of State, "What to Bring to Your Polling Place," accessed August 12, 2024
  11. BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS, "Section 20107," accessed August 12, 2024
  12. Democracy Docket, "California Governor Signs Law to Ban Local Voter ID Requirements," September 30, 2024
  13. Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.