SENIOR ASSEMBLY PROPOSAL NO. 15

INTRODUCED BY ASSEMBLY MEMBER WOODS

LEGISLATIVE COUNSEL'S DIGEST

AP 15:  AFFORDABLE HOUSING FOR THE ELDERLY.

UNDER EXISTING LAW, IF NO PERSONAL REPRESENTATIVE IS APPOINTED, THE PUBLIC ADMINISTRATOR OF A COUNTY IS APPOINTED TO ADMINISTER THE ESTATE OF A DECEDENT AND TO TAKE POSSESSION OR CONTROL OF THE PROPERTY AND DISTRIBUTE THE ESTATE.

THIS MEASURE WOULD MEMORIALIZE THE LEGISLATURE AND THE GOVERNOR TO ENACT LEGISLATION THAT WOULD ALLOW A DECEDENT'S ESTATE FOR WHICH NO HEIRS MAY BE LOCATED TO BE USED TO PROVIDE AFFORDABLE HOUSING FOR THE ELDERLY PERSONS 62 YEARS OF AGE AND OLDER WHOSE ANNUAL HOUSEHOLD INCOME IS $50,000 OR LESS.

VOTE:  MAJORITY.

AP 15:  RELATING TO AFFORDABLE HOUSING FOR THE ELDERLY

WHEREAS, THE LAW OF INTESTATE SUCCESSION PROVIDES FOR LOCATING HEIRS.  IN SOME CIRCUMSTANCES, AFTER A PERIOD OF SEARCHING, THE PUBLIC ADMINISTRATOR OF A COUNTY MAY BE UNABLE TO LOCATE ANY HEIRS; AND

WHEREAS, THE DEPARTMENT OF FINANCE, PROJECTS EXPONENTIAL INCREASES IN THE 60 YEARS AND OLDER POPULATION AND SIMILARLY LARGE INCREASES IN THE 85 YEARS AND OLDER POPULATION FOR ORANGE COUNTY BASED ON THE 1996 CENSUS; AND

WHEREAS, THE ORANGE COUNTY CONSOLIDATED PLAN FOR HOUSING REPORTS ALL OF THE FOLLOWING;

(A) THE HOUSING COST BURDEN APPEARS TO BE THE PRIMARY HOUSING-RELATED PROBLEM FACING ELDERLY HOUSEHOLDS IN ORANGE COUNTY .

(B) SIXTY-FIVE PERCENT OF ALL ELDERLY RENTERS IN ORANGE COUNTY ARE PAYING 1/3 OR MORE OF THEIR MONTHLY INCOME TOWARDS RENT.

(C) TWENTY-THREE PERCENT OF ALL ELDERLY HOMEOWNERS IN ORANGE COUNTY ARE PAYING 1/3 OR MORE OF THEIR MONTHLY INCOME TOWARDS HOUSE PAYMENTS.

(D) BASED ON THE ASSUMPTION THAT A HOUSEHOLD WHOSE HOUSING COST BURDEN IS 50 PERCENT OR MORE OF THEIR ANNUAL INCOME, APPROXIMATELY 7,700 ELDERLY PERSONS IN ORANGE COUNTY COULD BE THREATENED WITH HOMELESSNESS OR LOSS OF THEIR CURRENT HOUSING SITUATION; AND

WHEREAS, DEPARTMENT OF FINANCE REPORTS ALL OF THE FOLLOWING:

(A) CALIFORNIA HAS THE LARGEST POPULATION OF PERSONS WHO ARE 60 YEARS OF AGE OR OLDER.

(B) ORANGE COUNTS RANKS THIRD IN THE STATE IN TERMS OF RESIDENTS WHO ARE 60 YEARS OF AGE OR OLDER; AND

WHEREAS, THE ELDERLY HOUSING COST BURDEN COULD BE EASED THROUGH FUNDING DERIVED FROM A DECEDENT'S ESTATE FOR WHICH NO HEIRS MAY BE LOCATED; HOW, THEREFORE, BE IT

RESOLVED, BY THE SENIOR ASSEMBLY AND THE SENIOR SENATE, JOINTLY, THAT THE SENIOR LEGISLATURE OF THE STATE OF CALIFORNIA AT ITS 2002 REGULAR SESSION, A MAJORITY OF THE MEMBERS VOTING THEREFOR, HEREBY PROPOSES THAT THE STATE OF CALIFORNIA ALLOW A DECEDENT'S ESTATE FOR WHICH NO HEIRS MAY BE LOCATED TO BE USED TO PROVIDE AFFORDABLE HOUSING FOR THE ELDERLY PERSONS 62 YEARS OF AGE AND OLDER WHOSE ANNUAL HOUSEHOLD INCOME IS $50,000 OR LESS, AND PROVIDE FOR AN ENTITY TO ADMINISTER THIS PROCEDURE AND TO PREPARE GUIDELINES FOR THE SELECTION OF APPLICANTS FOR AFFORDABLE HOUSING; AND BE IT FURTHER

RESOLVED, THAT THE SENIOR LEGISLATURE OF THE STATE OF CALIFORNIA RESPECTFULLY MEMORIALIZES THE LEGISLATURE AND THE GOVERNOR OF THE STATE OF CALIFORNIA TO ENACT APPROPRIATE LEGISLATION THAT WOULD ADDRESS THE CONCERNS SET FORTH IN THIS MEASURE; AND BE IT FURTHER

RESOLVED, THAT A COPY OF THIS MEASURE BE TRANSMITTED TO THE PRESIDENT PRO TEMPORE OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, AND THE GOVERNOR OF THE STATE OF CALIFORNIA.

RN0215021

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