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| Vice Mayor Tony Daysog is fulfilling a campaign promise to the gay and lesbian community by proposing a resolution to treat domestic partners like married couples when it comes to assessing the real estate transfer tax. |
| Transfers between spouses are exempt from the tax when a title change results from death, marriage or divorce. Daysog's proposal, which he will raise for discussion rather than action at tonight's City Council meeting, will add transfers between registered domestic partners and the beginning or termination of those relationships to the exemption. "I see this as a civil rights issue since gay and lesbian couples can't marry but they can have a committed relationship that is, for all intents and purposes, a marriage," Daysog said. In addition to gay and lesbian couples, the state registry of domestic partners includes heterosexual couples, with at least one partner over age 62, who don't marry because they would lose retirement benefits. "My preference is that we include those couples," Daysog said. In Alameda, there are between 107 and 120 state-registered domestic partnerships, according to Leslie DeFacio, an advocate for the tax exemption. Approximately 57 are home owners. Advocates expect about 19 transfers in the first year, taking into consideration that some domestic partners' homes could already be owned jointly. In subsequent years, the transfer of title rate would be about two or three years, mirroring the full community. The proposal could cost the city $25,000 in the first year if the estimates are right, and as much as $73,000 if every home-owning domestic partnership changed title. San Jose expected 93 exemptions in the first year after that city's ordinance was approved, but only five actually requested the exemption. |
| Families could lose their homes, without an exemption, because of a change of names on the title due to forming or ending a partnership or after the death of a partner, say advocates. San Francisco, Oakland, San Jose and Berkeley have similar exemptions for domestic partners registered in the state or their respective city. Daysog hopes there isn't significant community opposition to his proposal. He recollected the mid-1990s' heated battles in the city over gay-related issues. A parent objected to a 1977 classroom discussion of the coming-out episode of TV's "Ellen." Before that, the council and residents engaged in annual debates over whether to issue a proclamation recognizing Gay Pride Month. On an individual level, the tax hit - both the initial transfer tax and ongoing property taxes based on an increased assessment -- could lead to loss of homes, according to advocates for change. On an average $475,000 Alameda home, the transfer tax is $1,283. Home owners pay the transfer tax in the year of the title change. "This is part of moving Alameda into the region," Daysog said. He has led previous moves to extend city employee benefits, such as bereavement leave, to gay and lesbian workers. "My gut tells me that Alameda in 2003 is a little more comfortable with the wide diversity we have," he said. "That is a tribute to (late) Mayor Ralph Appezzato and his ability to work with different communities." Tuesday's council discussion will give direction to city staff on how to write a proposed resolution. A vote could come at the May 20 City Council meeting. |
| Gay rights makes strides with Alameda tax waiver Kristen Bender, Oakland Tribune, June 5, 2003 |
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| The gay, lesbian and transgender community made significant strides Tuesday night in its continuing struggle to be treated fairly and have its contributions recognized by the community at large. The City Council voted 3-2 to exempt legally registered domestic partners, including same-sex partners, from the city's property transfer tax. The exemption currently applies to transfers between married couples and from homeowners to some trusts. "It (should be) a matter of policy to afford the same rights to gay, lesbian and transgender couples that are afforded to heterosexual couples," said Vice Mayor Tony Daysog, who brought the matter to the council last month. . . . Also Tuesday, the City Council unanimously suported a proclamation recognizing June as Gay Pride Month -- internationally and in the city of Alameda. "What you are doing here with the proclamation is not a small thing and I want to thank the city of Alameda for making us feel so welcome," said Karen Boutlier, who identified herself as bi-sexual woman while speaking to the council. |