possessory

Tenants would, however, be required to contribute to the tax rolls by an unspecified amount through a “possessory interest tax” that can be levied on private companies leasing public buildings.

He said the agencies didn’t anticipate tenants would face possessory taxes because at the time they relied on existing guidance from a state board that he argued should be interpreted as exempting any person receiving rent breaks at the projects.

In a letter, the board said residents at JPA properties do have a taxable possessory interest, but assessors should refrain from taxing it only if tenants are low-income, as defined by California law.

At least two county assessors, those in Orange and San Diego counties, have taken the position that project administrators, not tenants, should pay possessory interest taxes.

“If SB 734 passes as drafted, 60% of the tenants in these units are eligible to receive possessory interest tax bills, which we do not believe is in the best interest of housing policy in California,” Gordo wrote.