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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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For
information on buying or selling east bay
homes, please contact me at 510-429-4800 or send me a
note on the Contact Joanne form.
Thank you, Joanne
P.S. Be sure to add us to your favorite
places.
~ Joanne L. Gardiner, Broker,
e-PRO Realtor
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

web site: http://www.joannegardiner.com
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Joanne
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