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Correspondence - #33
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Correspondence - #33
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DOWDALL LAW OFFICES <br />A PROFESSIONAL CORPORATION <br />ATTO R N EYS AT LAW <br />City Council of the City of Santa Ana <br />City of Santa Ana <br />September 16, 2021 <br />Page 11 <br />Instead of preserving housing, city will put landlords in a position to decide if being cut <br />off from revenue needed to operate property in the usual professional manner will mean that <br />economic survival calls for closure. <br />"Because it is a mathematical certainty that the formula results in a continuous <br />erosion of purchasing power, the results must be tested to determine whether <br />confiscation has in fact occurred." (Fn. omitted.) <br />Ocean Ave. Assocs. v. City of Indio, No. E055509, 2014 Cal. App. Unpub. LEXIS 7552, at *36 <br />(Ct. App. Oct. 21, 2014) <br />Eventually, the entity operators without individual responsibility will come to own the <br />properties — the owners who thrive on distressed low income and low maintenance product. <br />Historically, that development signals a deflation of the investment market, and the nature of <br />housing falls to considerations for conversion of use, blight clearance and governmental urging <br />for re -development. Because the net effect of MNOI which diminishes maintenance of NOI is to <br />be forced out of business. <br />Most likely, property will be sold, shuttered and demolished before an insolvency filing <br />would be sought. The buyers of distressed property are forced to contend with and atone for the <br />sins of their predecessors. And this approach to the treatment of property owners sends a clear <br />message that their efforts will not be welcomed, much less allowed to be made with new revenue <br />for property operations. <br />Somehow, there is an implicit and false sense somehow that income properties will be <br />maintained despite a cash deficit-- with the personal resources of the owners. It may believed <br />that they will invest personal wealth into operations and diminish their portfolio position. But <br />this is a false reality: no successful investor "throws good money after bad." <br />The message of hostility creates a dampening of enthusiasm, and even greater reactive <br />belt -tightening to operations. Less rent, and less housing product over the course of time. Less <br />interest or care about the availability of housing becomes a city policy by default where <br />insufficient cash is provided to run properties. Just look at any city with stringent mobilehome <br />park rent controls. Unless: the intermediary the agency— creates within its powers of discretion, <br />a fair result that allows the property to thrive. Of course, losing money is subject to financing, <br />but still, assuming conventional financing: <br />The history of the CPI shows why it is a "political animal" and not an accurate financial <br />tool by which to judge the real effects of inflation on property management operations. <br />— In the 1980s, the Bureau of Labor Statistics switched from using house prices to <br />equivalent rental prices in calculating homeowner inflation. <br />— The Bureau of Labor Statistics also shifted to a model in which consumers are <br />assumed to switch some of their purchases within narrowly defined categories from items that <br />-11- <br />
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