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On Tuesday, the Santa Clara County Board of Supervisors voted unanimously to continue to opt-in to Proposition 90. Thank you to all SILVAR members who answered SILVAR’s Call to Action and to the many SILVAR members who attended the lengthy board meeting on Tuesday afternoon and voiced their concerns directly to our supervisors.

Under Proposition 60 and 110, if a seller or spouse is over age 55 or if a seller of any age is disabled when their original residence is sold, the seller may transfer the base year value of their home to a replacement primary residence of equal or lesser value within the same county, provided certain conditions are fulfilled. Proposition 90 extended this benefit to seniors and the disabled who move to counties that adopted Proposition 90 rules.

County Assessor Larry Stone wanted the supervisors to eliminate Proposition 90 as a way to increase revenue, but SILVAR REALTORS® and members of the Santa Clara County Association of REALTORS® persuaded the county supervisors to oppose this proposal. On Tuesday, SILVAR members reminded the supervisors of the benefits of Proposition 90; many recounted personal experiences with seniors and disabled clients who benefited from the measure, and who otherwise would not have been able to move to the county had the proposition not been in place. Our members told the supervisors their clients were able to move closer to family, medical services and jobs. Otherwise, they would have been locked-in to their previous residences due to the significant property tax increase incurred in moving.

REALTORS® noted Proposition 90 is a “two-way street” because it creates opportunities for the original properties to be reassessed at a higher rate, while providing a significant benefit in improving the quality of life for homeowners. They also said seniors and the disabled from other counties “have diversified our county and enriched our quality of life.”

Stone questioned the supervisors’ hesitance in what he saw as “an obvious source of revenue” for the county, but our REALTORS® indicated the increase his office projects would be an estimated $150,000 at best, which would not be realized until 2013. They said the slight increase could not justify the intangible benefits the proposition gives seniors and persons with disabilities who wish to move to the county.

Supervisor Liz Kniss said the county made the decision to opt in Proposition 90 20 years ago and it should stay as an opted-in county.

Supervisor Ken Yeager said after listening to the real life examples presented by the REALTORS®, he felt “there is value to it (Proposition 90) at the personal level. We supported it then, we should support it now.”

While noting the assessor made a credible argument that increasing revenue was important for the county, upon hearing the many stories of people who have benefited from the proposition, Supervisor Mike Wasserman said, “It doesn’t feel right to take this away from the people who could use it. In the big picture, it just doesn’t feel right.”

Supervisor Dave Cortese indicated Proposition 90 creates a flexibility for seniors and persons with disabilities. “We should leave the flexibility for folks for now,” said Cortese.

The supervisors voted 5-0 to keep Proposition 90 in Santa Clara County.

The Call to Action was a team effort by SILVAR members and a victory for seniors and persons with disabilities who have moved to or plan to move to Santa Clara County. SILVAR thanks everyone who took part in this effort and the board of supervisors, who took into consideration the impact rescinding Proposition 90 would have on a group of people who have very little clout in the political arena.

June 2023


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