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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
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