Almanac : Who is prospering from Prop 13?.
This is a well-researched piece about a Menlo Park, California, parent, concerned about program cuts in her child's school, who looked into consequences of Proposition 13, with emphasis on the proportion of funding coming from commercial property owners versus the owner-occupied residences.
Ms. Bestor's research of Menlo Park properties -- particularly of
parcels on one commercial strip and one residential street -- sheds
light on how the provisions of propositions 13 and 58 created the
lopsided tax-burden equation.
Looking at Menlo Park's main downtown street, she found that of the 56
commercial parcels on Santa Cruz Avenue, 23 are at the 1978 assessment
(plus 2 percent per year) level. Of those 23 parcels, only four are
owned by the same people who owned them in 1978. Eleven have passed to a
son or daughter, and in a number of cases are held in family trusts.
By contrast, of the 53 residential parcels in Ms. Bestor's
neighborhood, 13 are owned by the same people who held them in 1978, and
two are held by children of the 1978 owners, so are taxed at the 1978
level. The assessments of two other parcels were affected by other
factors.
The other 36 parcels (including Ms. Bestor's) have been reassessed
after changing hands, she says.
"My street is paying its way," Ms. Bestor says. "I think that Prop. 13
did what people hoped it would do (for homeowners). It allowed people to
stay in their homes and families to plan their financial futures."
What she doesn't say, of course, is that while her street might be "paying its way" -- I'm not quite sure what she means by it -- some of its residents are paying quite a bit more than their long-time-owning neighbors. 15 out of 53 are being highly subsidized by newer arrivals, and those who have bought most recently are doing the subsidizing. They are paying 1% of their purchase price annually, but due to some neighbors in similar homes getting 90% subsidies, they are not receiving in services as much as they would if their neighbors weren't receiving a 90% discount on their tax bills. Ms. Bestor is too polite to say it. It is not clear whether she is a subsidizer or a subsidizee within her neighborhood.
Her research, however, on the commercial sector, which she chooses to focus on, appears to me to be based on the right questions.
The article continues,
On the other hand, commercial property owners who are assessed at 1978
levels are not paying their way, she says. "Does it really make sense to
subsidize family trusts, major real estate corporations and developers,
who make smaller and smaller contributions (proportionally) to public
services each year?"
In her letter to Mr. Buffet, Ms. Bestor cites a downtown Menlo Park
example to underscore the inequity: "The Trader Joe's property -- the
'new' market in town contributes just $7,471 of general tax towards our
local services (for two-thirds of an acre of prime commercial property)
compared with Draeger's up the street at $66,585. It isn't Trader
Joe's, of course, that's paying the tax -- if they'd bought the property
when they moved in, that parcel would be contributing 500 percent-plus
more.
"Trader Joe's leases it from a family trust, descendents of the 1978
owner ... with an address on a leafy street in Cape Cod. Since landlords
charge what the market will bear, it's fair to guess that the property
tax savings are accruing to those folks in Massachusetts while the
costs are borne by school kids and residents of Menlo Park."
Assuming that Draeger's and Trader Joe's are both on sites of comparable value, and that both are tenants, the annual costs to the tenants are probably comparable. The difference is that Draeger's pays more of it to Menlo Park, and Trader Joe's pays more of it to the landlord, bypassing the city.
Now here is the question: who has created the land value? The landlord? The tenant? Or the community? If the landowner and the landuser are the same entity, is the answer any different?
Let's think about what Prop 13 does to and for residential owner-occupants. Local conditions -- jobs, good schools, attractive views, recreational opportunities, high-quality health care -- attract newcomers to the community. If new housing is not being constructed -- houses where there was previously vacant or farmland, or multi-family homes where previously single-family homes stood, or smaller lots -- the price of existing homes is driven up. (Houses don't appreciate, but the land value rises.)
But Prop 13 reduces the supply of houses available by reducing the normal turnover. Where in most parts of the country, elderly people might decide that the house in which they raised their children no longer fits their needs, or is too large to heat/cool/clean/maintain/navigate in, particularly for a single adult, in California, they have several strong incentives to stay there nonetheless:
- Their property taxes, if they've lived there for 30 years, are tiny, particularly for what some of the choicest (highest-appreciation) towns are offering in terms of amenities. This is known as a "free lunch." But it is only "free" to them. It does not come out of thin air; it comes at the expense of their neighbors.
- Their children can inherit their highly-subsidized status, and receive all that the town offers for a tiny fraction of what ordinary folks would pay there, or what they would pay in a comparable neighborhood or town nearby. They will be able to put the grandchildren into some of the finest school districts and pay only the 1976-based property tax rate, a tiny fraction of what the new folks next door must pay.
- Like everyone else, they hate to think of moving. Prop 13 provides them a good excuse to "think about it later" or not think about it ever.
At the same time, young families living in apartments or condos, which typically have two or perhaps three bedrooms, want more space. To get it, they must either compete with others who want to buy from the constrained supply of family-sized housing available, or locate further out -- putting a load on highways, using fuel, creating pollution, paying for 2 cars where one might have sufficed, reducing the time they can spend with their children, and possibly requiring the building of more houses on the fringe, requiring the extension of taxpayer-provided infrastructure (roads, water, sewer, drainage, roads, parks, etc.) and services (police, fire, ambulance, hospitals, libraries, public health, etc.) more schools (while the ones in the neighborhood they'd have preferred are not filled, because a lower percentage of the homes have school-aged children).
California has among the lowest homeownership rates in the US; the figure that sticks in my mind is 55% when the total US was 69%, which means that the homeownership rate for the rest of US must have been perhaps 72%.) That's pretty well known. But you might be interested to know that
California's seniors actually have a higher homeownership rate than their counterparts in the remainder of the US. Prop 13 is clearly a major factor in that.
While I understand the pressures on Ms. Bestor not to speak of the Emperor's nudity, and applaud her research, as far as it goes, I think the entire Prop 13 system needs to be examined and dismantled.
She proposes capping the Prop 13 benefits to commercial property owners at 20 years. This would produce some interesting effects on revenue flows if all commercial properties get re-evaluated at the same time, and continue some awesome inequities if some get re-valued now and some 19 years from now.
The article provides a link to
a letter Ms. Bestor sent to Warren Buffett, who a few years ago expressed the opinion to the Wall Street Journal that Prop 13 was unjust and unwise (story
here):
Prop 13 – and then Prop 58 that made Prop 13 bases inheritable – has
created economic inequities that are evident from simple on-line
searches of the county assessor's database – and destroy any idea of a
level business playing field. A quick trip around my town illustrates
this.
The nondescript little gas station on El Camino near my house pays
$30,148 a year in property tax for the privilege of selling me less
expensive gasoline than the two Shell stations ($14,214; $17,214), the
Union 76 ($15,920), and the Chevron ($20,388) down the street. Those
big-name stations have service bays to increase revenue and are on major
intersections. But the "new guy" in town (well, actually, there's been
a station there since 1978 -- but the new competitor in the market) is
the one who's paying $10,000 a year more for police, fire, road repair,
education, parks and courts.
Flipping the equation around, the Trader Joe's property -- the "new"
market in town -- contributes just $7,471 of general tax towards our
local services (for two-thirds of an acre of prime commercial property)
compared with Draeger's up the street at $66,585. It isn't Trader
Joe's, of course, that's paying the tax -- if they'd bought the property
when they moved in, that parcel would be contributing 500%+ more.
Trader Joe's leases it from a family trust, descendants of the 1978
owner ... with an address on a leafy street in Cape Cod. Since
landlords charge what the market will bear, it's fair to guess that the
property tax savings are accruing to those folks in Massachusetts --
while the costs are borne by school kids and residents of Menlo Park.
Of course, if the Cape Codders visited, they would probably look across
Curtis Street to the Walgreens (Unamas and Starbucks) building and point
out that that whole complex is only paying $8,709 in general property
tax ... without providing customer parking. In fact, the Walgreens
building pays 51% more for sewer service ($13,181) than it does towards
police, firefighters, courts, roads, and maintaining its free city
parking ....
Do you wonder whether any commercial properties ARE contributing
meaningfully towards our local services? Well, the Chase takeover of
Washington Mutual appears to have triggered a reassessment of that
property (WaMu's earlier absorption of Home Savings had not). So that's
an additional $25,000 into the pot (up to $45,190). And a dry cleaner
we use, Menlo Art, is in a building that pays $30,346. The dry cleaner
only occupies 25% of the building, so their share is a mere $7,587 --
but compare that with the $944 paid by the much busier cleaner across
Santa Cruz Avenue. (Hoot'n'Toot sits on yet another property whose
sewer bill dwarfs their property tax contribution -- with an
out-of-state owner on the possibly-less-leafy Leisure World Drive in
Mesa, AZ.) I wish I could afford Tom Wing's jewelry ($21,687), but I do
have pizza at Amici's ($32,809) whenever possible. And Kepler's, our
doggedly independent bookstore, occupies about a sixth of a building
that pays $220,395.
Well, Mr. Buffett, I think you get the idea. People say that increasing
taxes will make prices go up but, frankly, that requires the generous
assumption that, in this totally unbalanced model, landlords aren't
charging what the market will bear.
To make sure, I tested this. I took identical loads of my husband's
laundry into each of the dry cleaners mentioned above (after a
particularly depressing talk by our school superintendent -- spending
per pupil is down this year over last, with only one new teacher hired
for over 120 new kids, and 14 teachers due to be laid off in May) -- and
found that cleaning three shirts, two khaki slacks and a cashmere
sweater cost me $37.00 at the popular ($944) cleaner, while I paid
$35.60 across the street ($7,587). Wherever the savings are going, it's
not to customers.
And then there's the threat that Business Will Leave if commercial
property taxes go up. Having spent twenty years in the corporate world
before becoming a mom, forgive my skepticism. I sat in on many meetings
at Apple Computer Inc. in the early 80's and 3Com Corp. in the early
90's discussing siting new sales and manufacturing operations. Property
tax was never, to my best recollection, mentioned. Consolidated tax
levels, yes, but in the broad context of the overall cost and relative
ease of doing business. What attracted us? Locations with a level
playing field (not one that discriminated against the new entrant); a
highly skilled (educated) workforce; good road-, rail- and
air-transportation; fair and efficient courts and public services;
reliable infrastructure; and a community environment that made employees
want to live there.
OK, out of fear of throwing the baby out with the bathwater, we are now
drowning him in it.
The original article, near the end, includes this:
So what is to be done? Ms. Bestor suggests capping Proposition 13
benefits for commercial property owners at 20 years. "Every 20 years,
non-residential property is reassessed at market value, then gets to
enjoy another 20 years of tax relief," she writes.
She also suggests a system whereby properties can be reassessed
gradually so as not to overburden assessors' offices, and a process for
appealing reassessments.
Ms. Bestor also is attempting to launch local fundraising efforts that
would focus on commercial property owners who benefit from lower tax
levels. "I have the feeling these people are ready to be asked," she
says.
"They need strong schools and a vibrant residential community just as
much as anyone else does."
Assessing land properly is not all that difficult, and if California would simply stop taxing the buildings, doing high-quality annual assessments of land value would not unduly burden the assessors' offices.
But I think that final point is correct: even absentee landlords benefit from strong schools and a vibrant residential community.