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PROPOSITION 90
Proposition 90 was enacted by the voters
of California in November, 1988. It provides an avenue
for property tax relief to eligible senior citizens (age 55 or
older) who sell their principal residence and purchase a
replacement home of equal or lesser value in another county.
1
Under Proposition 13, the value of a home
for property tax purposes is reassessed to market level
whenever a change in ownership occurs. This usually results in
higher property taxes for the purchaser of a new home.
Proposition 90 allows eligible senior
citizens relief from reassessment when purchasing a
replacement home of equal or lesser value in a county which
has adopted the provisions of the law. 2 Those participating
counties will accept transfers of property tax base
assessments from other California counties.
The
information contained herein is believed accurate as
of July 25,
2003. It is intended to provide general answers to
general questions and is not intended as a substitute for
individual legal advice. Advice in specific situations may
differ depending upon a wide variety of factors. Therefore,
readers with specific legal questions should seek the advice
of an attorney.
Reprinted with permission from CAR - The
California Association of Realtors® Legal
Department
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Proposition 90
Watch 6/15/05
Ordinarily under Proposition 13, the value of a home for
property tax purposes is re-assessed to market level whenever
a change in ownership takes place. This usually results in
higher property taxes for the homebuyer.
In November 1988, the state‘s voters approved Proposition
90, which is designed to induce greater turnover of homes
owned by senior citizens. The measure provides anyone over the
age of 55 with relief from Proposition 13 by allowing them to
move from one county to another without undergoing a change in
their basic property taxes.
Proposition 90 is a "local-option" law; each county has the
option of participating. If a county has adopted a Proposition
90 ordinance, it accepts transfers of property tax base
assessments from other California counties. If the county that
the homeowner is moving from does not have a Proposition 90
ordinance, this does not affect the eligibility of the
homeowner.
[Please note: Proposition 60 is a similar law passed by
the state‘s voters two years prior to Proposition 90. It
allows seniors to keep their property tax base assessment when
they move within the same county.]
Table I below lists the counties that have adopted a
Proposition 90 ordinance. Table II lists the counties that
have rejected Proposition 90. This information was last
updated on June 15, 2005.
TABLE ICounties which have adopted a Proposition
90 ordinance:
| Alameda |
San Mateo |
San
Diego |
| Orange |
Ventura |
Los
Angeles |
| Santa Clara |
|
TABLE IICounties which have rejected implementing
Proposition 90: [Counties with an asterisk *
previously had a Proposition 90 ordinance then repealed it.
All other counties listed in Table II never had a Proposition
90 ordinance.]
|
Butte |
Merced |
San
Bernardino |
|
Calaveras |
Modoc* |
Santa
Barbara |
|
Contra
Costa* |
Mono |
Santa
Cruz |
|
El
Dorado |
Monterey* |
Shasta |
|
Fresno |
Napa |
Siskiyou |
|
Inyo* |
Nevada |
Solano |
|
Kern* |
Placer |
Sonoma |
|
Lake |
Riverside* |
Stanislaus |
|
Madera |
Sacramento |
Trinity |
|
Marin* |
San
Benito |
Tulare |
|
Mendocino |
San Luis
Obispo |
Yolo |
REALTORS® who live in counties that do not have a
Proposition 90 ordinance should not hesitate to lobby their
board of supervisors to adopt one, even if the board has
rejected a previous proposal.
If you want to lobby your county board of supervisors to
adopt a Proposition 90 ordinance, or extend an existing one,
please contact C.A.R.‘s public policy division at (213)
739-8273 for more information.
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Joanne L.
Gardiner, Broker,
e-PRO
Contact Joanne
Advantage
Realty Advantage Mortgage Associates 3205 Whipple Road -
Union City, California 94587 (510) 429-4800 San Francisco Bay Area San Francisco
East Bay Real Estate

website: http://www.joannegardiner.com
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