Well over half the California electorate was ineligible to vote (or, like me, wasn’t even alive) in the June 1978 election that witnessed the passage of Proposition 13. Anyone under age 50 has never been given an opportunity to vote on its core principle of limiting property tax increases even though property taxes are one of the most effective and fair forms of revenue generation available to government.
Instead we have had 31 years of a state politics that treats Prop 13 as a sacred cow, mostly out of assumption and not reality. Most voters would like some sort of assurance that property taxes won’t force them out of their homes, but polls show that they also aren’t big on the undemocratic rule-by-minority that Prop 13 set up with its iteration of the 2/3 rule. Polls also show that voters don’t support giving businesses the same property tax protections that grandma enjoys.
In the 2002-03 budget crisis there was some talk of revisiting Prop 13, but it quickly faded. Without any leadership the issue died a quick death, as Arnold and the legislature borrowed our way out of the crisis and as the housing bubble took off.
Now, as two articles in today’s SF Chronicle note, there is increasing talk about Prop 13. But action on the matter is less clear than ever. Joe Garofoli does a good job examining the debate over Prop 13:
But this year, with California and the nation in the throes of the worst economic crisis in decades, some provisions of the 1978 measure – which curbed revenue for key state programs, particularly public education – may be open for discussion.
No changes just yet; just discussion.
One major challenge: There is no roadmap for changing Prop. 13. While the measure inspired a popular revolt against property taxes in the years after it was enacted, no other state has the same mix of property tax limits and the two-thirds majority required to pass budgets and increase taxes.
Government reform is the talk of the day, and whether you’re California Forward, the Bay Area Council, the Parsky Commission, the “joint committee to examine reforms to state government” the Legislature is likely to convene in a few weeks, or the Courage Campaign (where I am public policy director, and where we’ve been actively involved in government reform for years), you’ve realized that Prop 13 has to be part of the discussion.
One of the core aspects of the discussion is fixing the relationship between state and local governments. When then-gov. Jerry Brown and the state legislature decided to use a temporary budget surplus to bail out local governments, they set in motion a process by which counties and cities and school districts have lost most control over their own funding decisions. The 2/3 rule has made it even more difficult for localities to find their own solutions. If a community wants to support their local schools with a tax increase, it is very difficult to accomplish it.
Michael Cabantuan’s article focuses on SF City Assessor Phil Ting’s Close The Loophole effort to exempt commercial property from the Prop 13 tax protections. Polls show this “split roll” solution to be popular with voters, and it is a sensible method of restoring progressivity to the tax code.
And yet other key aspects of Prop 13 need to be in the mix as well. If we want to talk Prop 13, well, let’s really talk about it. Is it right for residential property owners to enjoy artificially low property taxes? Should a high-income property owner in Carmel or Woodside enjoy the same protections as a low-income homeowner in Soledad or East Oakland? Should we continue to build a homeowner aristocracy?
What of the effects of Prop 13 on the housing market? Since 1978 California has experienced two massive housing bubbles. The 1980s bubble, which seemed large at the time, was primarily focused on California, and caused widespread unaffordability before the 1989 crash. The 2000s bubble was a nationwide phenomenon, but Prop 13 played a role by removing a brake on housing inflation. If homeowners saw tax assessments rise in relation to their values, instead of being largely fixed at the rate at the time of purchase, it seems unlikely that we would have had the enormous and destructive boom and bust in the housing market we witnessed.
More over the flip.
Prop 13 distorts the market in several ways, as a 2005 report from the National Bureau of Economic Research noted. It creates a disincentive to sell, as those who were able to buy at a more affordable time and lock in a low tax rate hang on to their properties, locking out newer, younger, and more diverse buyers. First-time homebuyers, a key part of the market nationwide, are screwed in California, where they have had to seek the urban fringes to find affordability – or in the 2000s, seek subprime loans. The system fuels massive sprawl, unsustainable lending practices, while driving property values up to totally unreasonable and unaffordable heights here on the coast.
Prop 13 also plays a role in killing local businesses by pushing cities to seek big box stores to fill local coffers. The New York Times in offered a 2006 article on how Salinas, of all places, had become the least affordable place in the nation to buy a home:
The measure, which was supposed to facilitate home buying, has backfired to some extent; local governments prefer that land be used for retailing rather than housing because they collect more from sales taxes than from property taxes.
“Proposition 13 is a big stop sign saying ‘no housing needed,’ ” said Peter Dreier, professor of public policy at Occidental College in Los Angeles and an author of “Place Matters: Metropolitics for the 21st Century” (University Press of Kansas, 2001). “Every municipality is engaged in a bidding war for retail – they’re battling for Wal-Mart, to keep the libraries open.”
Sprawl, unaffordable housing, a foreclosure crisis, the inability to keep schools open – all these are some of the lasting impacts of Prop 13. Certainly there are others and I invite discussion of them in the comments. But if we are to talk about Prop 13, let’s have a wide-ranging and inclusive discussion about Prop 13 and the full range of its destructive impact on the state.