A San Antonio Homeowner’s Guide to Staying Put
Table of Contents About this guide 3 Rising Property Taxes 4 Tax Delinquency & Foreclosure 13 Maintenance Challenges 16 Code Violations 19 Predatory Mortgages 21 Homeowners’ Insurance 24 Utility Payments 25 Title Issues 26 Inheritance 27 Financial Emergencies 29 Changes to help homeowners 31
Save the Westside! Get involved! Mi Barrio No Se Vende Coalition Meet 2nd & 4th Wednesday of every month at 6pm Rinconcito de Esperanza 816 S. Colorado St. 210-228-0201 www.bit.ly/MiBarrioNoSeVende
Historic Westside Residents Association Meet 2nd Tuesday of every month at 6pm at The Guadalupe Parish Hall 1321 El Paso St. 210-865-0819 www.facebook.com/historicwestside
Esperanza Peace and Justice Center 922 San Pedro Ave. Open Monday - Friday, 10am - 7pm 210-228-0201 www.esperanzacenter.org
Westside Preservation Alliance Meet once a month at the Rinconcito de Esperanza 816 S. Colorado St. 210-228-0201 www.bit.ly/WestsidePreservation
Special thanks to Texas Housers (www.texashousers.net) for helping with research and design of this guide!
This Guide is a Project of
Mi Barrio No Se Vende is a coalition of vecinos and community organizations working to keep our gente in San Antonio’s Westside. The coalition is committed to challenging the ongoing gentrification of the barrio and creating a strong network of active and informed neighbors. We want to help our families stay in the historic Westside, ensuring we continue to preserve and celebrate the very culture that shapes our neighborhood. We believe houses are homes, plazas are public spaces, and the value of neighborhoods comes from people, not profit. That’s why we see displacement of families and longtime institutions as a threat to not only individuals but to the whole neighborhood, and to the city of San Antonio. As housing becomes less and less affordable and accessible, we will not accept our families, friends and neighbors being pushed to the margins, outside the city limits, into overcrowded and dangerous conditions, or even onto the streets. DISCLAIMER: The information contained in this guide is provided for informational purposes only, and should not be considered a substitute for legal advice on any subject matter. For legal resources, please see the last page of this guide.
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This guide is dedicated to the individuals, families, and communities that have shaped the Westside.
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This guide is a resource for individuals and communities who are struggling to maintain their place in their neighborhood. It includes information about some of the most common displacement pressures, as well as tools and resources that are available to San Antonians. These are important, but we also know that we can’t protect our homes and neighborhoods with existing resources alone. We have to work together as a community to raise our voices and demand attention to the issue of displacement. We must question the policies and actions that perpetuate this crisis, affecting the already vulnerable communities the most. That’s why we also include information about what’s NOT currently available, what’s NOT on the table, and what we need to win together.
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Property taxes are one way cities and other districts fund important projects and services. That’s why everybody who owns property has to pay taxes to contribute to the wider community.
Unfortunately, whether you’re a millionaire or you make only a few thousand dollars a year, the amount you pay depends on your property value, not your ability to pay. As property values in your neighborhood rise or as you make improvements to your property, you may see your home’s appraised property value go up, meaning that you will owe more than you are used to in taxes at the end of the year. For families with tight budgets, this larger tax can be unaffordable and even put them at risk of losing their home to tax foreclosure. That’s why the families that are most vulnerable to being displaced by rising property taxes are low income families living in rapidlychanging neighborhoods. Some of the largest increases in property value in San Antonio have been happening in the areas where homeowners can least afford to pay more, causing housing insecurity.
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How Taxes Work In San Antonio Taxing Jurisdictions (Entities): These are the different governments and agencies that you pay your taxes to - for example, the city where you live, the school district you are in, and any other “special districts” like water, utility, etc. It is their job to come up with a budget for these things and a tax rate that will collect enough money to fund them. Bexar County Appraisal District: The main job of this office is to come up with a dollar value for ALL property in Bexar county. They have to do this every three years. In quickly-changing markets, it will probably happen every year. Bexar County Tax Assessor and Collector: This is the office that you pay your taxes to. Their job is to collect the money and then hand it out to the different “taxing jurisdictions” (or districts) it it owed to. The tax assessor doesn’t decide the tax rates - this is the job of the taxing jurisdictions. Taxpayers: These are the people who own property within the taxing jurisdictions and contribute part of their home value to fund things we need as a group.
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Appraised vs. Assessed Value APPRAISED VALUE
=
HOME VALUE
+ LAND VALUE
APPRAISED VALUE
-
YOUR EXEMPTIONS
=
ASSESSED VALUE
Every year my taxes jump up hundreds of dollars! What can I do?! Here are some things you can do if you’re under pressure from rising taxes: 1. Make sure you have all the exemptions you are entitled to. 2. Protest your property value. 3. Get on a tax payment plan. 4. If you are a senior, you can consider tax deferral. See the following pages for more details!
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Tax Exemptions Can I qualify for discounts on my property taxes? Many San Antonians can get “tax exemptions,” or reductions of the assessed value of their home. This means their tax bill will be smaller. The most common exemption homeowners qualify for is called the Homestead Exemption. What is a Homestead Exemption? A homestead exemption is a tax benefit that limits the portion of your home value that is taxed every year to an increase of 10% annually. In neighborhoods where property values are rising quickly, this can stop your taxes from going up out of control and save you money every year! It also reduces the taxable (assessed) value of your home for certain taxes, such as school district and City taxes. The requirements to qualify are very simple. You must own the home 100% and it must be your primary residence on Jan. 1 of the year you’re applying. (Importantly, you can only claim a homestead exemption on one property at a time.) You should have a stateissued ID card with the address of the home on it. If you think you qualify, you can find the form at www.bcad.org (click on Forms at the top of the page). If you’re not sure you qualify, you can call the Bexar County Appraisal District at (210) 224-2432 and get more information. Submit the application form and copy of your ID to the Bexar County Appraisal District (411 North Frio Street). What if I inherited my home and it’s not in my name? A new Texas law (starting in late 2019) will allow family members who live in inherited homes to claim a Homestead Exemption. This is great news for families! Contact BCAD (see above) for more information if this situation applies to you.
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MORE AVAILABLE TAX EXEMPTIONS: Are you 65 years or older (or will be this year) and own the home that you live in? There are more tax benefits available for seniors, including a tax freeze! Did you have a spouse with the Over 65 exemption who passed away? If you’re 55 or older, you can continue to claim this! Are you disabled, unable to work, and also own your home? You can pay lower school district taxes. Are you a veteran with at least 10% service-connected disability? Do you own your home? You can receive taxable value deductions from all taxing units! Are you a veteran with a 100% service-connected disability or unemployable? (Or are you the surviving spouse of such a veteran?) Do you own the home you live in? You could get all property taxes 100% exempted!
Applications for exemptions are due by April 30th each year. Don’t know if you have exemptions on your property? Go to www. bcad.org and click on the Property Search tab at the top of the page. Type in your address, find your home, and click on “View Details”. Under Owner, you will see Exemptions. If you have an exemption, it will be here. If it is blank, you have no exemptions. HECHO (Homestead Exemption Community Housing Outreach) works with San Antonio neighborhoods and community groups to reach out to homeowners who don’t have their exemption. If you’re interested in getting their help going door to door in your neighborhood, call Rich (mycityismyhome@gmail.com) or Amelia (amelia@texashousing. org). We provide a list of addresses without exemptions, training for door-knockers, and materials for outreach. This is a great way to help your neighbors save money and stay in their homes!
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Protesting your Property Value I think my home’s estimated value is too high!! You might be right. The Bexar County Appraisal District (BCAD) encourages homeowners to challenge or “protest” their home’s estimated value if they disagree with it. However, you must show that the estimated market value of your property is either a) too high or b) unfair compared to similar properties in your neighborhood. BCAD will only lower the value if they agree that their first estimate was not the correct fair market value - not simply because the increase is large or because the taxes will be too high for your family. DOs and DON’Ts for Property Tax Protests DON’T WORRY! You can get free help to protest your taxes!
DO file a Notice of Protest by May 15th. You can get this online at www.bcad.org (click on the Forms tab, then scroll down to ARB) or at the Appraisal District office. Don’t forget to do this first, even if you think you will resolve the problem with an informal meeting!
In San Antonio, an organization called Mi Ciudad es Mi Casa/My City is my Home offers free help with property tax protests. They connect you with a realtor who can help you prepare your argument. If you’d like help, contact them as soon as possible after you get your property value notice letter so you have the best chance of getting help. Their number is 210-802-9982 and their email is mycityismyhome@gmail.com.
DO schedule an informal meeting with the Appraisal District. At this meeting, you can sit down and talk with an appraiser about the value of your home. Between 70% and 90% of cases are resolved during this time. (If you’re not satisfied after the informal meeting, you should ask for a formal hearing with the Appraisal Review Board (ARB).
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DO ask the Appraisal District for an “evidence packet” by checking the red “Evidence Requested” box on the Notice of Protest form.This document contains information about what properties the Appraisal District used to come up with your property value. It can help you figure out how your home is different from others, and why it’s worth less.
DON’T come to BCAD with an emotional story or personal challenges. It’s completely natural to be frustrated, scared, or even angry when faced with financial problems that put your home at risk. While these situations are real and important, the Appraisal District cannot use them to lower your home value. It may hurt your case or waste your protest time if you approach them with emotional pleas or an explanation of your hardships.
DO focus on the condition of the inside of your home. This is what they may not know. So, if the inside of your home has not been improved, you should take photos to show this.
DON’T show them homes that you think are similar to yours. They have lots of information about the other homes in your neighborhood and will probably explain to you why the two homes are not the same.
DO bring photos of your home. (But no more than 10!) So choose the most informative ones to support your case. DO show them evidence that your home requires expensive repairs. If your home requires things like a new roof, foundation repairs, or new electrical/plumbing systems, this should be known by the Appraisal District. If you bring an estimate from a contractor or documentation showing the problem, this can help your case.
Finally, DON’T delay paying your tax bill!
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Get on a Payment Plan If you can’t afford to pay your tax bill or are behind on your taxes, don’t delay - call the Tax Assessor/Collector immediately to find out about available payment plans. The whole property bill can be very large, but it is possible to pay it in installments (multiple payments). For people on a payment plan, penalties are frozen and interest rates are lower than with private lenders. There are a few options available to San Antonio taxpayers, including Half Pay and Pre-Payment Plans. If you are interested in signing up for one of these payment plans, contact the Tax Assessor/Collector’s office at 210-335-2251 or go online to www.bexar.org/tax.
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Consider Tax Deferral Options People over 65, disabled homeowners, and disabled vets may be allowed to defer (delay) their taxes until either their house is sold or transferred or their death. (Surviving spouses and children may also do this.) But should you? Here are the pros and cons: CONS:
PROS
- You (or somebody) will still have to pay the taxes later. Plus interest!!
- You don’t have to pay your property taxes now! - It’s a much better option than falling into delinquency (nonpayment)!
- If you want to leave your home to your kids or family when you pass away, they will have to pay all the taxes you put off. This could mean they are left with an impossible financial burden.
- There are no penalty fees for delaying. (On the other hand, there are BIG penalties for delinquency!)
- If you decide to sell your home or get a reverse mortgage, you will have to pay for the delayed taxes at that time.
- In extreme cases, a tax deferral could save homeowners from becoming homeless.
IMPORTANT: If you have a mortgage on your home, your bank will probably not allow you to defer your taxes. THE BOTTOM LINE: If you are forced to choose between essentials (like buying food or getting health care) and paying your property taxes, this could be a lifesaving option for you! But if your taxes are just a burden and not putting you at risk, you should probably think twice before deferring them. Ready to Apply? First, you must have your Homestead Exemption! (pg. 7) Then fill out the Tax Deferral application form (Go to www.bexar.org/tax and click on Forms at the top of the page). If you have questions, contact the Bexar County Tax Assessor by phone at 210-335-2251 or by email at taxoffice@bexar.org. Need Advice? Call the Mexican-American Unity Council’s Housing Center at 210-978-0517 (Daniel) or 210-978-0523 (Oscar).
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Taxes become “delinquent” (late) if you don’t pay by the due date. If your tax is delinquent, you will not only owe the taxes - you will also owe interest at the rate of 1% for the first month and an additional 1% for each month the tax remains delinquent. In other words, the longer you wait, the bigger the bill becomes and the faster it grows! In addition to interest, delinquent taxes also come with penalties. This is why it’s best to get on a payment plan as soon as possible. Don’t wait until your bill grows even larger.
What if I just never pay my tax bill? If you don’t pay your taxes at all, the government is allowed to sell your home to repay your debts! This is called “tax foreclosure.” Foreclosure can happen after you are 120 days delinquent (late) on your property taxes. The home’s foreclosure is announced online at the Bexar County Appraisal District’s website. Potential investors can check out the list and find properties they would like to buy during the monthly foreclosure auction, which takes place outside the courthouse. For any month, you can look up a list or map of all the properties in (both tax and mortgage) foreclosure.
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Once they’ve sold your home, they have the right to take possession of the property and kick you out. This is why it’s important to deal with the problem before it gets out of control and you are at risk of losing your home to foreclosure.
I see signs and ads telling me they can “stop foreclosure” or “buy my house for cash”. Can’t they help me? Be careful! Many businesses offer to stop foreclosure by purchasing your home for cash at below its market value! They are usually hoping to make money by buying the home for less than it’s worth and then “flipping” it, or selling it to someone else for more than they paid. When families are desperate or don’t know how to get out of this situation, they may feel like they have no other option. Don’t trust a stranger who tells you they can help you by buying your home. Westside homeowners lose tens of thousands of dollars on deals like this. You’re better off going to a non-profit organization that specifically helps homeowners with these kinds of issues and offers housing counseling. Need help with foreclosure? Call the Mexican-American Unity Council’s Housing Center at 210-978-0517 (Daniel) or 210-978-0523 (Oscar).
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The following organizations offer foreclosure counseling in San Antonio: Mexican American Unity Council (MAUC) Housing Center 210-978-0517 (Daniel) or 210-978-0523 (Oscar) 2300 W. Commerce Street, Suite 200 MAUC’s Housing Center is located in the near Westside and provides many valuable services to address all kinds of housing problems. Neighborhood Assistance Corporation of America (NACA) 210-826-2828 This organization is dedicated to helping people not only become homeowners but also keep their home. In San Antonio, they offer a “Home Save” program to help you keep your home. Greenpath Financial Wellness 1-800-550-1961 This national organization works all over the country to provide assistance with credit, housing and bankruptcy services. If you’re facing foreclosure, they can provide foreclosure intervention services.
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If your house is older, the costs of maintaining the home can be especially high. If you are unable to make important repairs (roof, foundation, electrical, plumbing), the home may not be “up to code,” meaning the city considers it dangerous to your (and your neighbors’) health and safety.
If the City receives reports about the condition of your home from neighbors, city employees or others, they may cite you for violation of city code. These citations must be corrected to bring the house “up to code,” which can be expensive and even unaffordable for families. In the worst situations, a family can end up losing their home. Taking advantage of free repair programs and better understanding the code compliance process are two ways that San Antonio homeowners can reduce their risk of being displaced because of maintenance issues.
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I need assistance with repairs! The City of San Antonio offers several programs to help homeowners fix up their homes: UNDER 1 ROOF If you have an old, damaged roof on your home, this program can replace it with a new, energy-efficient roof, up to $14,000. There is a 5-year agreement that you must maintain this property as your homestead and pay your property taxes, but if you live in the home for 5 years, you will not have to pay anything for the new roof. MINOR HOME REPAIR This program Addresses health and safety items such as plumbing, electrical, non-working utilities, broken windows, damaged doors or other items in need of repair. OWNER-OCCUPIED REHAB This program assists low- to moderate-income homeowners who want to rehabilitate their homes because they are not code compliant. The homeowners are given deferred, forgivable loans for the cost of the repairs. (This means the homeowner may not have to pay back the loans at all.) GREEN & HEALTHY HOMES This program works to prevent and correct housing-related health and safety hazards, such as addressing lead-based paint, household asthma triggers and fire hazards. LET’S PAINT! This program (only for Districts 4 and 5) assists homeowners with exterior paint and minor exterior repairs. S.T.A.R. (Students Together Achieving Revitalization) This program assists property owners with repairs to windows and screens, siding, and porches. They can also provide general yard maintenance and exterior painting.
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CASA VERDE (CPS ENERGY) This program provides free weatherization (protecting your home against heat and cold) and energy efficiency upgrades. “Weatherizing” and upgrading your home can lower your electrical bills, saving you money on heating and cooling.
You can find out more information about these and other assistance programs on the City website: www.sanantonio.gov/ NHSD/Programs/Repair Sounds too good to be true! What’s the catch? First of all, these programs are meant to serve low- and moderateincome homeowners, so not everyone will qualify. Other reasons that homeowners are found ineligible include:
• The deed to the home isn’t in their name. (See Title Issues pg. 25) • Many of these programs require the homeowner to carry homeowner’s insurance, which some do not. (See Homeowners’ Insurance on pg. 24) • You may be required to have a Homestead Exemption on your property to qualify (See Property Tax Exemptions on pg. 7) • The owner may be behind on their property taxes (See Tax Delinquency on pg. 13) • The home is not in good enough condition for the City to fund repairs on it. IMPORTANT: If the City enters your home and discovers that it is not “up to code,” or they believe it is unsafe to live in, this can lead to the home being cited by code compliance or even condemned if you are not able to bring it up to code. It’s important to be aware of this possibility when taking advantage of City programs.
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Most City governments have a department whose job it is to make sure that the city and its properties are safe and sanitary. In San Antonio, this job belongs to the Development Services Department. It’s their responsibility to notify offending property owners when something is considered a code compliance violation. If you’ve gotten notices from this department, it’s important to understand what they mean and what you should do. I’ve received a notice of code violations on my property. What does this mean? This means that something about your property is considered by the city to be dangerous, unhealthy or simply a nuisance. This could be anything from grass that hasn’t been cut all the way to buildings that are threatening to fall over and putting lives at risk. The City Code Enforcement Office is sending you a notice, asking you to correct the problem - otherwise, they may have to correct it without your permission and charge you for the work. Read your notice carefully to find out what the City wants you to do. How did I get a code compliance notice or citation in the first place? Anyone can submit a complaint online or by calling the city 311 call center. Once a complaint is submitted, a code compliance officer will come out to inspect the property before issuing a notice or citation. A code compliance officer can also issue a notice or violation during random inspections.
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The Code Violation Process The City receives a report of a code violation via 311.
A Code inspector inspects the property. Violation found. Notice required?
No notice required? A citation is issued immediately, and a hearing is scheduled for 1-2 weeks from the citation date.
No violation found - report closed.
A Code Officer attempts to contact the owner or tenant, and a notice is posted on the property. A reinspection date is listed on the notice the Officer will return to inspect again.
Violation corrected before reinspection?
No - a citation is issued and a hearing is scheduled.
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Yes - the case is closed
A mortgage is a debt that you must pay back in order to own your home completely. By paying it off, you’re essentially buying your home from the bank over a long period of time. If you pay off your mortgage, eventually you will own your home “free and clear” without any debts to anyone else. But for families who are paying off their home loan, it’s easy to fall behind on your mortgage. If you fail to pay your mortgage payments, you could risk mortgage foreclosure, which is when the bank is able to take your home and sell it to collect the money you owe them. This can happen to anyone, but it is especially common if the mortgage agreement was made by a “predatory lender”. These lenders are not interested in your ability to pay back the loan or stay in your home and gave you a loan with unreasonable terms. If you do not pay your mortgage, the bank that lent you the money to purchase the home is able to take your home and sell it to recover their money.
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What is “predatory” mortgage lending? Predatory lenders are lenders who don’t have your best interests in mind. During the 2008 financial crisis, many lenders “steered” lowincome homebuyers into loans that they would be unable to pay back, meaning that homeowners would lose their home and the investment they had made in it. This affected entire neighborhoods and cities. What’s worse, it has now been proven that this happened disproportionately to people of color and seniors. Some things predatory mortgage lenders will try to do include: • Push you toward dangerous loans: Because they don’t care if you “default” on your loan (can’t pay it back), they often steer you toward loans that will be impossible for you to keep up with. For example, even if you could get a fixed interest rate mortgage, they may recommend an adjustable rate mortgage, with payments that are unpredictable. • Charge you “risk-based” prices: These lenders look specifically for people with bad credit or financial problems so they can charge higher rates to lend to them. For example, they can charge high fees for making the loan (called “points”). • Not give you the whole story: If your lender is not trustworthy, they may not help you understand the truth behind your mortgage. For example, there may be “prepayment penalties” for borrowers who want to pay off their loan early. Or they may try to make your house payments sound lower by not including taxes and insurance costs. • Add unnecessary products to your loan: They may encourage you to purchase additional services that you don’t need.
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HELP! I have mortgage problems! Luckily, there are services that help homeowners who are stuck in predatory mortgages or falling behind on their mortgage payments. Mexican-American Unity Council Housing Center 210-978-0517 (Daniel) or 210-978-0523 (Oscar) 2300 W. Commerce Street, Suite 200 MAUC’s Housing Center is located in the near Westside and provides many valuable services to address all kinds of housing problems. Greenpath Financial Wellness 1-800-550-1961 This organization can help you identify if you’re a victim of a predatory lender or stuck in a bad mortgage. More than that, they can help walk you through the process of refinancing your loan so it’s easier for you to keep up with payments and get back on track.
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While not everyone HAS to have home insurance, there are some serious benefits to having it. The problem is, many homeowners can’t afford the extra expense. When they’re unable to keep insurance, they could be denied for assistance programs or face huge costs of home repair or replacement if something happens to their home. I don’t have homeowners’ insurance. How will this impact me? First, you will risk losing your home completely if it is damaged, for example because of a fire, a burglary, or a storm. If this happens, you will have to pay “out of pocket” for any repairs you need to make. This can be so expensive that you have to abandon the home entirely, which of course is devastating. Homeowners’insurance is also required to participate in many repair programs offered by the City or by non-profit/charity organizations. If you need to receive assistance like this, the organization will usually check to make sure you have it.
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Households have many costs they must deal with, and the added expense of paying for utilities (such as water, electricity, gas, internet and trash service) can be a large burden. Especially in the summer when electricity costs go up, families can find it difficult to keep up. I can’t afford to pay my utility bills! CPS Energy offers assistance for people who are having a temporary financial emergency or “hardship”. You should call them as soon as you can to request more time to pay at (210) 353-2222. CPS also has a variety of discounts available for low-income residential customers. To find out more, you can visit their website at www. cpsenergy.com (Click on “Customer Assistance Programs”). Bexar County also offers the REAP Program (Residential Energy Assistance Partnership) for struggling households. Through this program, eligible customers can get assistance up to $400 per year. They will also receive credit on their CPS Energy utility bills as well as information about CPS Energy programs on weatherization, low-cost/no-cost energy efficiency, senior-citizen aid and critical care assistance. To find out more about this, call Bexar County’s Department of Community Resources at 210-335-3666 and ask about the REAP Program. San Antonio Water System (SAWS) offers the Uplift program, which helps eligible low-income San Antonio households that can’t afford their water bill. Visit uplift.saws.org for more information.
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The “title” to your home represents your right to ownership. Clear title means you have complete and definite ownership. Clouded title, on the other hand, means that there is some irregularity or issue that prevents you from completely owning your house, free and clear. Liens are one common title issue. A lien is a claim for unpaid bills that can be put on your home when you owe money for something. Sometimes liens can come from your mortgage, unpaid taxes, unpaid construction or repair bills, court judgements, etc. Especially with properties that are in distressed condition, there may be liens on the home for code compliance actions (like grass cutting or trash removal). An owner may not even realize that there are liens on their property. Having liens on your home means that even though you are the owner, you don’t have the right to sell, refinance your mortgage, or transfer your home! There are several options if you want to check for liens on your home: 1. Contact a title company, which can help you find any liens. (Be prepared to spend at least $100 on the search.) 2. Search the Bexar County Clerk’s office online at (the website is bexar.tx.publicsearch.us). Use an Advanced Search, and enter your first and last name. Look for lien documents. Call 210-335-2216 ext. 3 for assistance. 3. Go in person to the Bexar County Clerk’s office and ask for a lien search. They charge $5 for assistance and $1 per copy. The office is located in the basement of the Paul Elizondo Tower at 101 W. Nueva Suite B109 in SA.
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When a homeowner passes away, they often hope their home will stay in their family for future generations. But this isn’t something that happens automatically, which is why it’s important to do some “estate planning” before the homeowner dies to protect your home and family. Estate planning includes making a plan for how your home will be passed on.
I want to pass on my home to my family! What do I need to do? If possible, the first step is to have a will - a document that states your intentions about how your property should be distributed after you die. With a will, your family is less likely to fight over the property or go through court battles to claim it. If you die without a will, you give the State of Texas permission to decide how your property should be divided, which can create a huge emotional and financial challenge for your family!
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Without a will, there is a simple way to make sure the right person inherits your home: to file a Transfer on Death Deed (TODD). The TODD allows your property to pass automatically to the person you name on the form when you pass away. This form must be signed and filed in the county where the homeowner lives while they are alive - not after they die. This is why planning ahead is important! Need free help with estate planning? Mexican-American Unity Council Housing Center 210-978-0517 (Daniel) or 210-978-0523 (Oscar) 2300 W. Commerce Street, Suite 200
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Losing a job, having your hours cut at work, an accident or medical condition... there are many unplanned expenses that households deal with. If these expenses cause a family to fall behind on any home payments, they can find themselves in an unstable housing situation and even at risk of homelessness. I’m facing a financial emergency. Is there any help available for my family? The City of San Antonio has recently approved an Emergency Assistance policy that provides assistance for renters and homeowners who have experienced unexpected financial emergencies. Do any of the following situations apply to you? • • • • • • •
I have become unemployed. I was terminated from my job. My hours were reduced at work. My wages were reduced at work. I had to get expensive medical care. I have a temporary medical condition. I’ve had other unexpected expenses (funeral, tow, car repair, divorce, etc.)
If your family is low-income, this program may be able to help you with your mortgage payments and utility (water, electricity) bills. They can also refer you to other useful resources.
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Do I qualify for Emergency Assistance from the City? To qualify for Emergency Assistance, you must meet the following qualifications: I am a San Antonio resident, and my home is in San Antonio. I am the primary mortgage holder in my home. My household’s income is at or below 100% of the Area Median Income.
I think I might qualify! Who should I contact? Call a City Housing Navigator at 210-207-5910 and tell them you’re interested in the Emergency Assistance program. They will help walk you through all the requirements. I’m about to be displaced from my home! In some cases the City of San Antonio is able to offer relocation assistance to qualified homeowners who are about to lose their home because of code compliance action. Call a City Housing Navigator at 210207-5910 to find out if there is assistance available.
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Changes That Would Help San Antonio homeowners Here are some of the actions we should take and advocate for to help vulnerable homeowners in our community.: Find the families who deserve property tax exemptions but don’t have them: Many people don’t know they’re eligible for a Homestead Exemption or don’t know how to apply. To fix this problem, we could create a Homestead Preservation Center or partnership with a community group that finds eligible homeowners and helps them overcome barriers to getting their tax exemptions. For example, there should be targeted outreach to neighborhoods where taxes are increasing quickly and where homeowners are vulnerable to displacement. We should assist families who need help with their deed or other documents. Of course, Spanish speakers and other non-English speaking households should be assisted in their own language. More repair assistance for low-income homeowners: While the City’s programs have helped many vulnerable residents, the number of households they are able to assist each year is very limited. The City receives many applications and can’t help everyone unless we as a city decide to dedicate more money to these types of assistance. In addition to more funding for repair programs, this could also include, for example, low or NO interest loans for homeowners who want to repair their home but can’t afford it. More flexible assistance: The problems homeowners face are interconnected. Many homeowners cannot afford insurance on their home, making them ineligible for City repair programs. Others have fallen behind on taxes and aren’t eligible for that reason. Until we find a comprehensive way to help struggling homeowners, we won’t solve the problem. This will mean finding ways to help people who are not currently eligible for City repair programs. Make code compliance less about punishment and more helpful for struggling families: The majority of households are not intentionally breaking the rules - they may need help to get their homes up to code
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and make their property safe. Instead of forcing them into housing instability by demolishing their houses, we should do everything we can as a city to help our neighbors improve the condition of their homes. Better communication between the housing department (NHSD) and other public agencies: It’s important for NHSD to know when there is a risk that a family will be made homeless because of uncorrected code violations, unpaid utility bills, delinquent taxes, or other issues. That way, before things get really bad, the City can reach out to help with repairs, financial assistance or relocation (in the worst cases). If we don’t have a strong line of communication between these two offices, people won’t get the help they need before it’s too late! Help undocumented families: Unfortunately, undocumented immigrant homeowners can’t qualify for a homestead exemption because they don’t have a state-issued ID card. This means that undocumented families cannot benefit from reduced taxes, repair programs, and other essential assistance. Even mixed-status families (those with some members who are documented) can struggle to access assistance, especially as the Federal government threatens to evict them from assisted housing. Undocumented families are our neighbors, too, and we want to see them stay in place and establish stability. Change Texas’ regressive property tax rules: San Antonio can’t do this alone, but it’s important to recognize the problems with our state’s property tax system. For example... Limit property taxes for low-income families: Some states, cities (and other taxing jurisdictions) can “cap” or limit property taxes when they reach a certain percentage of the household’s income. In other words, the taxes must stop increasing when they become unaffordable to the family. This would help low-income Texans who are burdened by high taxes, but Texas doesn’t allow this! Allow us to give dollar value exemptions to help lower-income families: In most cases, Texas doesn’t allow taxing districts to offer dollar-value exemptions, which would disproportionately help low-income families. Instead they only allow percentage exemptions. For example, a flat $10,000 reduction in the taxable value of a home could be a HUGE help for the lowest-income families.
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While it’s impossible to cover every possible problem facing homeowners, we hope this guide has been a useful introduction to some of these challenges. We hope it will remind that if you’re struggling, you’re not alone and that help is available when you need it. Many in our city are dealing with the same problems, and we encourage you to share this guide and the information contained in it with friends, family and neighbors. If you know of other resources that you would like to see included in this guide, please contact us at mibarrionosevende@gmail.com.
Artwork by Mary Agnes Rodríguez
Legal Assistance Resources Texas RioGrande Legal Aid (TRLA) 1111 N. Main Ave 210-212-3700 www.trla.org/office/san-antonio-main-3
Caritas Legal Services 202 W. French Place 210-222-1294 www.ccaosa.org
St. Mary’s University School of Law Center for Legal and Social Justice One Camino Santa Maria 210-431-2596 www.stmarytx.edu/law
Texas Law Help www.texaslawhelp.org
Community Justice Program Legal Clinics 100 Dolorosa, Suite 500 210-227-8822 www.sanantoniobar.org/prequalify-legal-clinic/
Join the coalition and attend our meetings!
Meetings twice a month
second and fourth Wednesdays at 6pm Rinconcito de Esperanza 816 S. Colorado Street (two blocks west of Guadalupe St. Bridge) 210.228.0201 mibarrionosevende@gmail.com
PRINTED: JULY 2019