There’s at least one place in California where even households making six figures can get help paying for child care: San Francisco, the state’s most expensive county when it comes to child care.

As providers across the state await reforms for their financially fraught industry, voters in San Francisco have gone ahead and created their own solution: a commercial tax that now generates $180 million in revenue a year for local child care.

“Why did we go after a revenue source? Because that’s the only way we’re going to get ourselves out of this problem,” said Mary Ignatius, an organizer with Parent Voices, a group that advocates for affordable child care and campaigned for the commercial tax.

Child care — crucial for children’s well-being and necessary for many families to work — has long been a market failure in America.

The real cost of child care

California’s child care aid reaches only a small fraction of the families who need it, and it’s stretching providers to the limit. Education reporter Kristen Taketa examines how the system is falling short, and who pays the price.

The inherently high cost of quality care causes a chain reaction of challenges for both consumers and providers: Parents can’t access child care because it’s too expensive, especially for infants and toddlers. And because quality care costs more than what parents can pay, providers are in constant financial stress and unable to pay their staff much — which in turn limits how many children they can serve.

The San Francisco tax, narrowly approved by voters in 2018, is that rare example in California of a dedicated, permanent funding source intended to solve those problems.

In the first year of its rollout, the measure has paid for 1,000 more children to enroll in subsidized care, increased wages for 2,500 early education teachers and made 10,000 more children eligible for subsidized care on top of the 15,000 who were before.

“I’m hoping that if people see San Francisco can do it, then why not somewhere else?” said retired San Francisco Board of Supervisors President Norman Yee, the main architect of the tax measure.

In 2018, after months of organizing from local officials, parents and child care workers, San Francisco voters passed the commercial tax with a measure dubbed “Baby Prop C” by a margin of less than one percentage point. A failed legal challenge by taxpayer and business groups delayed its implementation, but last year, funds collected under it began reaching the child care field in July.

As a result, families making up to 110 percent of San Francisco’s area median income — or up to $152,400 a year for a family of four — can now qualify for subsidized child care for their kids under age 4.

A child eats lunch on Pizza Friday at Baby Steps on Friday, Nov. 18, 2022, in San Francisco.

(Paul Kuroda / For The San Diego Union-Tribune)

Those income eligibility rules provide access to far more families than the state’s rules, which only allow subsidized care for families who make up to 85 percent of the state median income — or up to $95,289 annually for a similar family. Because it’s far more expensive to live in San Francisco than in California overall, some families who make even less than what it takes to get by there have not been able to qualify for state-subsidized care.

And unlike the state, which has required many families to chip in an income-based monthly fee toward their subsidized child care, San Francisco plans to charge no fees for city-funded care thanks to Proposition C funding, said Wei-min Wang, a director in the city’s early education department. That’s true even for moderate-income families who are newly eligible, he said.

“Now that we have Baby Prop C money, we don’t have to treat it like a scarce good we have to allocate and ration,” Wang said. “We don’t want high-quality early care and education to be so much a privilege as the right of every child, regardless of your background.”

Eventually, the city’s child care leaders expect to use Prop C to fund subsidized care for families making up to 200 percent of the area median income — as much as $277,100 for a family of four, according to current salary data. But the priority now is serving lower-income families, city officials said.

About half of Prop C revenue goes to expanding access to subsidized child care. But crucially, in an industry where low pay has often thwarted expansion of child care slots, the other half goes to pay raises for child care teachers, who in California are paid on average just $17 an hour. Many in San Francisco were making as little as $18 an hour — far shy of the $31 an hour it takes for a single person to get by there, according to the MIT Living Wage Calculator.

Prop C was designed not only to pay early educators a living wage, but to build a salary structure to put them on par with their counterparts in K-12 education, where starting pay is generally significantly higher and teachers are paid better the more higher education they have.

Prop C is working toward a new minimum wage of $28 an hour for early educators serving at least half low-income children by providing them semi-annual stipends or raising their hourly rates. Advocates expect that will not only improve current teachers’ quality of life but also help draw more quality applicants to the field and thus enable providers to serve more children.

Teacher Matthew Sullivan drapes a blanket over a child during nap time at Baby Steps on Friday, Nov. 18, 2022, in San Francisco, Calif.

(Paul Kuroda / For The San Diego Union-Tribune)

It may be too early to judge Prop C’s success.

Still, San Francisco is further along than most of the state in advancing child care reforms. In 1991, San Francisco became what was believed to be the first city in the U.S. to establish a municipal fund exclusively for children’s services, including child care. Since 2004, it has worked toward establishing universal preschool, and since 2013 it has had a city office dedicated to early care and education.

And for more than a decade, the city has paid child care providers who serve low-income kids higher rates than what the state pays its subsidized care providers, knowing that the true cost of providing quality care has typically exceeded what the state pays.

“We now have this dedicated source of early childhood funding that is the first municipal source, where we can really draw from forever,” said Ingrid Mezquita, director of the city’s Department of Early Childhood, of Prop C. “It gives a level of stability that this sector hasn’t had in a very long time, or ever.”

The push for Prop C

Families shell out more for child care in San Francisco than in any other California county.

The vast majority of San Francisco families must pay as much as $2,700 a month — more than $32,000 a year — for full-time infant care, according to a 2021 statewide survey. That’s compared to a statewide average of about $1,600 a month.

Yet California’s income eligibility levels for subsidized care are set so low that many families can’t qualify for help paying for child care, and many families who make enough to get by in California are automatically disqualified from subsidized care because they make too much. In San Francisco, a family of four with two working parents needs to make $167,920 to get by, according to MIT’s Living Wage Calculator, which is more than $72,000 above the state’s income limit for subsidized child care.

Meanwhile, there has not been enough public funding or child care providers in California to accommodate all the children who already do qualify for subsidized care. In San Francisco, more than 2,400 children were on the city’s waiting list for subsidized child care at the time Prop C was being proposed to voters.

There were other reasons to go after a child care tax measure, advocates said. For one thing, child care teachers in city-funded programs were seeing staff turnover rates of 75 percent, according to the early education department, which didn’t bode well for the quality of children’s education.

A child leaps during an outdoor activity next to San Francisco’s Stern Grove at Baby Steps on Friday, Nov. 18, 2022.

(Paul Kuroda / For The San Diego Union-Tribune)

Prop C was meant to be San Francisco’s answer to those problems.

The measure is largely the brainchild of Yee, the former board of supervisors president and a longtime child care and education advocate who had led one of San Francisco’s two child care referral agencies for 18 years before entering politics. He and fellow Supervisor Jane Kim led the effort to collect more than 9,400 voter signatures to put the initiative on the 2018 ballot.

Before, Yee and other advocates had to keep asking city leaders every year for one or two million or so dollars in the budget for child care. But those incremental, one-time amounts weren’t going to build a better child care system, which would require several reforms, he said.

Those reforms would need to address four areas, he said: giving more families access to subsidized care, expanding facilities to accommodate them, raising teachers’ pay and investing in their professional development to improve quality.

“Prop C is really a game-changer, because it provides the resources to do so many of the things that we wanted to do for our early education system,” Yee said in 2021, after Prop C survived the court challenge. “It gets us to close to universal child care access for everybody, including middle-income families, and it provides living wages for our early care educators.”

The real cost of child care

In this series, education reporter Kristen Taketa examines how California’s system of subsidized child care falls short — and who pays the price.

Before Prop C, commercial landlords in San Francisco generally paid a commercial rent tax rate of 0.3 percent.

Prop C now collects 3.5 percent from the rents of most commercial spaces and 1 percent from rents of warehouse spaces in San Francisco. Landlords paid less than $1 million annually in rental income and rents paid by government, nonprofit, arts and other tenants are exempt. Fifteen percent of the funds collected by Prop C goes to the city’s general fund, and the rest goes to child care.

It makes sense for large businesses to pay a tax for child care, advocates said, considering they possess some of the city’s greatest wealth and benefit from the availability of such care, since their employees need it to do their jobs. “Business is going to invest and support children in San Francisco so workers can go to work,” said Gina Fromer, CEO of the Children’s Council of San Francisco.

That was a key point supporters made during the 2018 campaign, volunteers said. Parents and providers held rallies, distributed flyers and did phone banking daily, targeting the people who would benefit most, said Maria Luz Torre, a Parent Voices organizer: women and low-income families.

“We even rallied at 555 California (Street). Trump is a co-owner of that building,” she said. “We rallied there to show these are the people who are paying for this, and not you.”

Isabel Daniels (left) and Pat Sullivan (right) run through activities with children at Baby Steps on Friday, Nov. 18, 2022, in San Francisco.

(Paul Kuroda / For The San Diego Union-Tribune)

Two months after Prop C passed, a coalition of landlord, business and taxpayer groups that had opposed the measure sued in an attempt to invalidate it. Those groups — the Howard Jarvis Taxpayers Association, Building Owners and Managers Association of California, California Business Properties Association and California Business Roundtable — argued that Prop C actually needed a two-thirds majority to pass because a government official, Yee, had been heavily involved.

“Our issue had nothing to do with where the money was going, but rather that it was an illegal tax,” said Brooke Armour, vice president of the California Business Roundtable, in an email.

But in 2021, a state appeals judge sided with the city, saying that because the measure had been placed on the ballot as a voter initiative — and because Yee’s involvement did not change that — it needed only a simple majority to pass. Later that year, the state supreme court denied the plaintiffs’ request to review their appeal.

San Francisco is lucky, Luz Torre said, in that it has a wealthy tax base to draw from to fund child care. Other counties may have to get more creative, she said.

At least one other California county has also passed a tax to fund child care. In 2020, just across the San Francisco Bay, voters approved a half-percent sales tax in Alameda County to raise child care workers’ wages and offer more subsidized care slots, as well as fund pediatric health care.

That measure, Measure C, has been held up for more than two years by a similar lawsuit. Last July, a trial court judge ruled in the county’s favor. The decision is now being appealed.

Raising wages to raise quality

Prop C is not just about raising pay for teachers, child care leaders said. It’s about professionalizing and improving the quality of a field that has long been underpaid, has often been degraded as babysitting and has lacked greater access to higher education and training.

Teacher Sophia Lam (center) supervises an animal card game with children at Baby Steps on Friday, Nov. 18, 2022, in San Francisco.

(Paul Kuroda / For The San Diego Union-Tribune)

Many child care providers have faced obstacles to gaining higher education and professional development, such as language barriers and a lack of money and time. Thirteen percent of family child care providers in California speak only a language other than English, according to the UC Berkeley Center for the Study of Child Care Employment. About half of family child care providers and 20 percent of child care center teachers lack a college degree, according to the UC Berkeley center.

To address this, San Francisco officials have long made their child care funding contingent on providers meeting the city’s quality standards. They plan to use Prop C funds to improve early educators’ access to higher education and training. Some have suggested funding apprenticeships, tuition reimbursement and other programs to build a pipeline of workers that child care, unlike other education fields, has lacked.

The wage increases and stipends that come with Prop C are only available to teachers working for the 416 child care providers and agencies who have met the city’s quality standards and who are willing to serve low-income, subsidized children.

“That’s a foundational requirement for us, because part of the reason why we justify this investment in early childhood education is based on research that shows that high-quality care makes a big difference,” Wang said. “The goal of our department is to get all children to school readiness standards and to make sure that their families are able to have the resources necessary to raise their kids.”

Among those city-required quality standards: Providers must have low adult-to-student ratios, have a certain number of early childhood education college units, and use a developmentally, culturally and linguistically appropriate curriculum approved by the city early childhood department.

To be approved for city child care funding, providers must be visited by independent observers who look for quality interactions between teachers, note areas for improvement and decide whether the program passes a quality test.

Isabel Daniels (bottom) runs through activities with children at Baby Steps on Friday, Nov. 18, 2022, in San Francisco.

(Paul Kuroda / For The San Diego Union-Tribune)

The city department created a new standardized salary structure for early educators, similar to the kind that school districts make for K-12 teachers. The model rewards higher compensation to teachers who serve more subsidized children and who have more higher education or an early childhood teaching permit.

Stipends range from $8,000 annually for full-time assistant teachers who have few or no early childhood education units and serve fewer than 20 percent subsidized children to as high as $39,100 for family child care owners who serve at least 50 percent subsidized children.

By making the funding available only to providers willing to serve subsidized children and boosting pay for those who serve more of those children, the city means to focus Prop C funding on the highest-need programs first, Wang said.

That could also help incentivize more providers to serve low-income, subsidized children. Historically, providers say they have not had much financial incentive to do so, because the state’s subsidized payment rates have been low.

But as providers and advocates statewide have warned, just adding funding for more children to receive subsidized care doesn’t automatically mean more kids will be served. Child care providers have to expand their staffing and facility capacity to take in those additional kids, too.

So San Francisco is budgeting for $35 million of Prop C to be used for child care facilities projects next fiscal year, Wang said.

And the city department continues to encourage child care programs that are not enlisted in the city’s quality network to join. The department offers onsite coaching and funding to new members to improve their facilities and take professional development, Wang said.

There have been challenges in rolling out the Prop C funds.

For one thing, child care programs are still seeing under-enrollment, Wang said. That could be due to parents’ anxiety about spreading sickness, be it flu, RSV or COVID-19. Some families choose to stay with their kids at home or have relatives, friends or neighbors watch them, while others take them to private programs. And child care programs are facing growing competition from public schools, as more children enroll in free transitional kindergarten.

Some programs are also still struggling to hire enough staff. But Wang has heard anecdotally for the first time that they are seeing higher interest and better-qualified applicants for jobs after Prop C. “Staffing is always an issue, but with the wage improvements, it’ll hopefully be less of an issue,” he said.

Owner Pat Sullivan (middle) supervises a card game with children at Baby Steps on Friday, Nov. 18, 2022, in San Francisco.

(Paul Kuroda / For The San Diego Union-Tribune)

The pay increases have already helped Pat Sullivan, a family child care provider of 30 years who owns the Baby Steps Nature School.

Like many family providers who run small child cares out of their own homes, Sullivan had not been able to pay herself from her business. And since providers can’t charge families more than they can afford to pay — which is far less than the true cost of providing quality care — she was barely breaking even.

To get by, many family providers depend on a spouse’s income. Without one, Sullivan has worked two other jobs on nights and weekends, too, teaching at local colleges. She had been working as much as 80 hours a week between all three.

Prop C changed that.

She was recently able to hire one new full-time teacher and two part-time teachers. She can now pay her teachers $28 an hour, she said, when she previously struggled to pay them $20 an hour.

Now Sullivan has some more time to run her business, rather than just teach children. She still works a lot — but “not the same way, not with the desperation I used to work with,” she said. She’s down to 60-hour weeks.

And finally, Sullivan earns an income from her business.

This story was produced as part of the USC Annenberg Center for Health Journalism’s 2022 National Fellowship.

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South San Francisco voted in favor of affordable public housing with Measure AA leading with 4,371 votes, or 57.5%, while Measure DD, a new tax on large businesses to fund child care for all children between 2 1/2 and 5 for residents and employees is falling short with 3,338 votes in favor, or 43.61%, according to semiofficial results as of 11 pm Tuesday by the San Mateo County Elections Office.

If the election results hold, Measure AA in South San Francisco authorizes the city to acquire, develop or construct low-rent housing, up to 1% of the total number of existing units, annually for eight years. The city will be able to use its $120 million in a special housing fund from commercial linkage fees to build 1% of the total number of existing housing units in the city. That equates to approximately 250 units per year, totaling around 2,000 units in the next eight years. The measure would override Article 34, a 70-year-old state law that states additional affordable housing units can only be built with public funds if passed through a voter initiative.

Councilmember James Coleman believes Measure AA passing is a good sign for an eventual statewide repeat of Article 34.

“The results are very clear that the residents want to see affordable housing and city-owned affordable housing or mixed-income social housing and now it’s up to our city leaders to deliver what the residents want,” Coleman said, adding that it gives the city ​​more tools on the tool belt when it comes to building more affordable housing faster.

“Over $100 million in impact fees for city-owned affordable housing. I’m looking forward to seeing ways in which that could happen,” he said.

South San Francisco’s Measure DD sought to provide universal early child care for families who live or work in the city by imposing an annual tax on large commercial offices generating approximately $55.9 million annually.

In other elections, the cities of San Mateo, Burlingame and Millbrae appeared to pass a series of tax measures, while Redwood City voters appeared to agree to tweak the city’s charter to allow the mayor to serve one-year terms so more councilmembers could serve while San Bruno seemed to limit terms of its City Council and separately elected mayor, according to the semiofficial results.

Belmont and Millbrae both proposed a transient occupancy tax, both of which are appearing to pass. Measure K in Belmont needed only a majority to pass and has 3,205 votes, or 78.98%. If it holds up, the measure approves a 14% tax to hotel guests in the city that is estimated to raise $600,000 annually, that will cover a budget shortfall, and will be a continuous tax until ended by voters. Measure N in Millbrae has a commanding lead of 2,660 votes, or 78.93% and will look to raise the occupancy tax for hotel guests from 12% to 14%, generating approximately $1.5 million annually to locally controlled funds to address service including funding for police and fire departments.

Burlingame appears to have passed a measure taxing marijuana delivery companies and are raising business license fees with 3,620 votes, or 75.42%, according to the semiofficial results.

Measure X would tax 5% of gross marijuana sales, generating $2 million to $4 million a year. Business license fees would increase from $100 for all Burlingame businesses to $200 to $750, based on a tiered annual income, with only 7% of Burlingame businesses having to pay the higher amount if they gross more than 1$ million or more. It would generate about $2.5 million annually and would provide revenue relief for the city that lost $20 million in transient occupancy taxes from its hotels during the pandemic.

Measures P and Z in Redwood City amends the charter for the city to shorten the term of mayor from two years to one allowing more councilmembers to serve as mayor, and aligns the city charter with the state law. Both appear to have overwhelming leads of 6,292 votes, or 62.95%, and 8,450 votes, or 85.76%, respectively, according to the semiofficial results as of 11 pm on Tuesday by the San Mateo County Elections Office.

Measure BB in San Bruno has a commanding lead with 4,690 votes, or 82.72%. It limits the terms of the City Council and separately elected mayor to no more than 12 consecutive years, according to the semiofficial results.

Measure CC holds a commanding lead with 9,655 votes, or 71.84%, in San Mateo and looks to increase the property transfer tax in San Mateo from .5% to 1.5% for sales more than $10 million. The transfer tax is expected to generate about $4.8 million, and the city said the funds would be used for street repairs, park improvements, emergency services and reducing traffic congestion. It would affect less than 1% of all properties sold or transferred in the city.

All results are according to semiofficial results from Tuesday, Nov. 8, which included votes by mail received by Friday, Nov. 4, and all ballots received at voting centers. Later results will include votes received after Saturday, Nov. 5. Post-election results will be released before 4:30 pm on Thursday, Nov. 10, Friday, Nov. 11, Monday, Nov. 14, Tuesday, Nov. 15, Wednesday, Nov. 16, Thursday, Nov. 17, Friday, Nov. 18, Monday, Nov. 21 and Wednesday, Nov. 23. Results will be certified Dec. 8th.

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The Empty Homes Tax campaign announced Thursday that it was submitting 13,734 signatures to the city — well above the nearly 9,000 needed to appear before voters this fall.

If approved by a simple majority in the Nov. 8 election, the tax could make about 4,500 vacant units available over two years and generate more than $38 million in annual revenue, according to a January report from the Board of Supervisors’ Budget and Legislative Analyst .

The tax measure, backed by Supervisor Dean Preston and some of his allies, is an attempt to make inroads on the city’s housing shortage by freeing up more of the existing supply of units that are currently unoccupied.

It’s also an effort to emulate taxes imposed in other expensive cities, including Oakland and Vancouver, British Columbia. Berkeley is considering placing a similar tax before voters as well.

“Even among folks who may disagree on other issues, I think everyone’s really frustrated by prolonged vacancies,” Preston told The Chronicle. “This is the strongest tool to address that problem.”

The January analyst’s report, which was prepared for Preston, found that San Francisco had more than 40,000 vacant homes in 2019. Many of them were listed for rent or sale, or they were empty because a tenant hadn’t moved in yet, the unit was intended for part-time use or it was unoccupied for some other reason such as ongoing repairs.

However, the fastest-growing segment of vacant housing identified by the report was more than 8,000 empty units that were “sold but not occupied.” That category may include some homes that owners bought “as investments or cash havens with no intention of moving in or renting them out,” the report said.

The proposed tax would range from $2,500 to $5,000 in the first year, depending on the size of the unit. It would increase to a maximum of $20,000 in later years. The tax would apply to owners of vacant homes in buildings with three or more units, if the units in question had been vacant for more than 182 days. Single-family homes and duplexes would be exempt.

“This is targeted at the real estate speculators who have the business practice of buying and holding these properties,” Preston said. “They’re just not really in the single-family home space in San Francisco and haven’t been.”

Money raised from the tax would be earmarked for affordable housing acquisitions and rent subsidies for seniors and low-income households.

The potential ballot measure comes as San Francisco sees a huge slowdown in construction and Mayor London Breed is looking at strategies to jump-start residential building. The city is also facing state mandates to plan for the construction of 82,000 new homes by 2031.

JD Morris is a San Francisco Chronicle staff writer. Email: jd.morris@sfchronicle.com Twitter: @thejdmorris

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San Francisco has been in a housing crisis for years.

A recent study by city government researchers found 1 in 10 of the city’s condos and homes are sitting empty.

For example, at the corner of Third Avenue and Lincoln Way, an entire building sits empty. It’s been boarded up for quite a while, enough time for neighbors to wonder what’s ever going to be done with it.

“I think there should be a date for long it can remain empty. For a certain amount of time, it’s fine,” said San Francisco resident Lauren Turetsky.

The property is in San Francisco Supervisor Dean Preston’s district. He said it’s a prime example of a persistent problem in the city.

High rent, exorbitant home prices, and not enough space — the Bay Area is full of housing problems. There are thousands of places sitting empty in San Francisco and now, Supervisor Dean Preston is proposing a tax for these vacant homes. NBC Bay Area’s Jessica Aguirre spoke to him for more information.

“We see in a lot of neighborhoods, buildings that have just been abandoned,” he said. “They sit vacant not just for a year or two years, sometimes five, ten years or more.”

But the older buildings are a smaller portion of the overall problem. According to city figures, larger towers and condominium complexes that have been built in the Financial District, SOMA and Mission Districts really make up a larger portion of the empty units in the city.

According to a report by the San Francisco budget and legislative analyst’s office’s 2019 data, there are about 40, 458 housing units that are sitting empty.

Of that 2019 data, the vast majority have been sold and are unoccupied or they’re seasonal, recreational and other occasional housing, or they’re off the market renovations, corporate housing or homes tied up in personal family issues.

Preston told NBC Bay Area Wednesday that he is exploring a vacancy tax, aimed at owners who are keeping properties off the market, sometimes for years as a business decision.

“So, one of the things a vacancy tax could do is change that calculation. So now there’s actually a cost to holding it vacant. And they’re going to be more interested in renting it, or selling it to an owner occupant,” he said.

It’s an idea that’s raising questions among residents.

“We have to be very careful about being too arbitrary about time limits and very careful about how you define a vacancy,” said San Francisco resident Ray Vandenberg.

Preston is exploring similar taxes that have already been imposed in Vancouver, Canada, Washington DC and Oakland.

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SAN FRANCISCO–(BUSINESS WIRE)–Manatt, Phelps & Phillips, LLP, a multidisciplinary, integrated professional services firm, announced today that John J. Heber has rejoined the Firm in San Francisco as a partner in its Tax, Employee Benefits and Executive Compensation practice. Previously at Manatt for over a decade, Heber regularly counsels both emerging and established companies on a wide range of complex tax, executive compensation and employee benefits-related matters in the context of business transactions and throughout their business life cycle.

“As today’s business, legal and policy landscapes continue to evolve, our clients are increasingly seeking guidance on how to navigate these regulatory environments, which is a key strength of our cross-industry and integrated legal and consulting model,” said Donna L. Wilson , Manatt’s CEO and Managing Partner. “The tax implications of these changes impact virtually every aspect of business activity, so we’re thrilled to welcome back John, who will deepen our ability to support all of our clients’ needs across our core industries.”

Heber represents public and private companies in a wide variety of tax, strategic and regulatory issues—including the tax structuring of business transactions, diligence and related corporate governance issues, executive compensation, and employee benefits matters. He regularly advises—at the board, board committee and executive officer levels—on business exit strategies, executive contract negotiations and related SEC reporting. He also has extensive experience with the Employee Retirement Income Securities Act (ERISA) as well as with federal and state securities laws with respect to executive compensation reporting.

“John is an excellent lawyer and adviser with a critical skill set that will deepen our tax, employee benefits and executive compensation offerings,” said Sharon B. Bauman, leader of Manatt’s Cross-Industry group, which includes professionals in the Firm’s Tax, Employee Benefits and executive compensation practice. “I enjoyed working with John while he was previously at Manatt, and I know that his return will be a boon to our clients because of his focus on collaboration and unparalleled client service.”

“John has spent decades as a trusted tax adviser for businesses ranging from startups to Fortune 50 companies across the industries in which Manatt is focused, including technology, financial services, health care and real estate,” said Jeffrey A. Mannisto, leader of the Firm’s Tax, Employee Benefits and Executive Compensation practice. “His experience throughout California as well as on a national and global scale has given him a rare understanding of the sophisticated tax laws and regulations that companies in all industries need to consider in order to minimize compliance risks.”

Heber also has significant experience in the design and implementation of cash-based and equity compensation plans for public and private companies and companies structured as C corporations, S corporations, partnerships, LLCs and joint ventures. His background in the design and administration of a wide array of employee benefit plans includes tax-qualified retirement plans and health and welfare plans. In addition to the design, implementation and administration of domestic and international compensation and benefits programs, Heber regularly advises on trends in compensation practices and tax-efficient pay strategies.

“I am excited to rejoin Manatt and collaborate once again with the Firm’s impressive bench of legal and consulting professionals as we serve as true partners to our clients and help them address the full scope of their legal and business needs,” said Heber. “The Firm’s work representing businesses, partnerships and individuals operating across the industries driving innovation in today’s new economy makes now the perfect time for me to return and continue growing my practice.”

Heber is the most recent addition to Manatt, closely following the arrival of Antitrust Partner David Reichenberg. Other recent hires include Manatt Health Senior Advisors Tara R. Straw and Zoe Barnard, Entertainment Litigation Partner Nathaniel L. Bach, experienced FDA regulatory leader Rachel L. Sher, Manatt Health National Advisor Dr. Christina Jenkins and Senior Advisor Claudia Page, distinguished entertainment lawyer Christopher Chatham, Technology and Intellectual Property Litigation Partner Timothy Lohse, Digital and Technology Transactions Partner Michel C. Narganes, full-time Pro Bono Attorney Alexandra S. McCown, Manatt Health Senior Advisor Amy Salerno , health care and civil litigation partner Megan Thibert-Ind, notable Antitrust partner Stephen D. Libowsky and former New York State Department of Health Director Tracy F. Raleigh.

Heber is an adjunct professor at Loyola Law School of Los Angeles and Golden Gate University in San Francisco. He received his JD from Chicago-Kent College of Law at Illinois Institute of Technology and his LL.M. in tax law and taxation from the Golden Gate University School of Law.

About Manatt, Phelps & Phillips, LLP

Manatt, Phelps & Phillips, LLP, is a leading professional services firm, providing integrated legal and consulting services to a global client base. With offices strategically located in California (Los Angeles, Orange County, Silicon Valley, San Francisco and Sacramento), New York (New York City and Albany), Chicago, Washington, DC, and Boston, the Firm represents sophisticated clients — including Fortune 500 , middle-market and emerging companies — across a range of industry sectors such as health care; financial services; entertainment; digital and technology; and energy, environmental and real estate. For more information, visit www.manatt.com.

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SAN FRANCISCO–(BUSINESS WIRE)–Apr 18, 2022–

Manatt, Phelps & Phillips, LLP, a multidisciplinary, integrated professional services firm, announced today that John J. Heber has rejoined the Firm in San Francisco as a partner in its Tax, Employee Benefits and Executive Compensation practice. Previously at Manatt for over a decade, Heber regularly counsels both emerging and established companies on a wide range of complex tax, executive compensation and employee benefits-related matters in the context of business transactions and throughout their business life cycle.

“As today’s business, legal and policy landscapes continue to evolve, our clients are increasingly seeking guidance on how to navigate these regulatory environments, which is a key strength of our cross-industry and integrated legal and consulting model,” said Donna L. Wilson , Manatt’s CEO and Managing Partner. “The tax implications of these changes impact virtually every aspect of business activity, so we’re thrilled to welcome back John, who will deepen our ability to support all of our clients’ needs across our core industries.”

Heber represents public and private companies in a wide variety of tax, strategic and regulatory issues—including the tax structuring of business transactions, diligence and related corporate governance issues, executive compensation, and employee benefits matters. He regularly advises—at the board, board committee and executive officer levels—on business exit strategies, executive contract negotiations and related SEC reporting. He also has extensive experience with the Employee Retirement Income Securities Act (ERISA) as well as with federal and state securities laws with respect to executive compensation reporting.

“John is an excellent lawyer and adviser with a critical skill set that will deepen our tax, employee benefits and executive compensation offerings,” said Sharon B. Bauman, leader of Manatt’s Cross-Industry group, which includes professionals in the Firm’s Tax, Employee Benefits and executive compensation practice. “I enjoyed working with John while he was previously at Manatt, and I know that his return will be a boon to our clients because of his focus on collaboration and unparalleled client service.”

“John has spent decades as a trusted tax adviser for businesses ranging from startups to Fortune 50 companies across the industries in which Manatt is focused, including technology, financial services, health care and real estate,” said Jeffrey A. Mannisto, leader of the Firm’s Tax, Employee Benefits and Executive Compensation practice. “His experience throughout California as well as on a national and global scale has given him a rare understanding of the sophisticated tax laws and regulations that companies in all industries need to consider in order to minimize compliance risks.”

Heber also has significant experience in the design and implementation of cash-based and equity compensation plans for public and private companies and companies structured as C corporations, S corporations, partnerships, LLCs and joint ventures. His background in the design and administration of a wide array of employee benefit plans includes tax-qualified retirement plans and health and welfare plans. In addition to the design, implementation and administration of domestic and international compensation and benefits programs, Heber regularly advises on trends in compensation practices and tax-efficient pay strategies.

“I am excited to rejoin Manatt and collaborate once again with the Firm’s impressive bench of legal and consulting professionals as we serve as true partners to our clients and help them address the full scope of their legal and business needs,” said Heber. “The Firm’s work representing businesses, partnerships and individuals operating across the industries driving innovation in today’s new economy makes now the perfect time for me to return and continue growing my practice.”

Heber is the most recent addition to Manatt, closely following the arrival of Antitrust Partner David Reichenberg. Other recent hires include Manatt Health Senior Advisors Tara R. Straw and Zoe Barnard, Entertainment Litigation Partner Nathaniel L. Bach, experienced FDA regulatory leader Rachel L. Sher, Manatt Health National Advisor Dr. Christina Jenkins and Senior Advisor Claudia Page, distinguished entertainment lawyer Christopher Chatham, Technology and Intellectual Property Litigation Partner Timothy Lohse, Digital and Technology Transactions Partner Michel C. Narganes, full-time Pro Bono Attorney Alexandra S. McCown, Manatt Health Senior Advisor Amy Salerno , health care and civil litigation partner Megan Thibert-Ind, notable Antitrust partner Stephen D. Libowsky and former New York State Department of Health Director Tracy F. Raleigh.

Heber is an adjunct professor at Loyola Law School of Los Angeles and Golden Gate University in San Francisco. He received his JD from Chicago-Kent College of Law at Illinois Institute of Technology and his LL.M. in tax law and taxation from the Golden Gate University School of Law.

About Manatt, Phelps & Phillips, LLP

Manatt, Phelps & Phillips, LLP, is a leading professional services firm, providing integrated legal and consulting services to a global client base. With offices strategically located in California (Los Angeles, Orange County, Silicon Valley, San Francisco and Sacramento), New York (New York City and Albany), Chicago, Washington, DC, and Boston, the Firm represents sophisticated clients — including Fortune 500 , middle-market and emerging companies — across a range of industry sectors such as health care; financial services; entertainment; digital and technology; and energy, environmental and real estate. For more information, visit www.manatt.com.

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PUB: 04/18/2022 09:00 AM / DISC: 04/18/2022 09:02 AM

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Supervisor Dean Preston announced the initiative at a press conference Tuesday morning. It would need about 9,000 valid signatures to qualify for the ballot.

The goal is to incentivize property investors who leave homes vacant until the market is in their favor to list or rent the property.

“These are folks who are buying and selling housing in San Francisco as if they’re buying and selling stocks on the stock market. They couldn’t care less about providing homes for anyone, and we are going to put an end to it with the empty homes tax,” Supervisor Preston said.

He estimates the tax could bring in about $38 million dollars a year. He proposes that the money go toward preventing homelessness and affordable housing.

RELATED: SF considers taxing vacant apartments to help with housing crisis; new report shows 40K empty units

The tax rate would be based on the property’s size and how long it has been vacant. For instance, a unit smaller than 1,000 square feet would be taxed $2,500 for one year, $10,000 for three years. A home that is 20,000 or more square feet would be taxed $20,000 for its third year of sitting vacant.

Exemptions would include a property being remodeled, a natural disaster or a landlord who is in long term care or has died.

VIDEO: SF metro area remains most expensive place to live in US

“If it’s a legitimate, good faith reason that there’s some kind of vacancy, this tax is not going to tax. But if you are in the business of holding units off the market for prolonged periods of time, we’re not only going to tax you but each year of that vacancy that tax is going to go up,” Preston said.

Some critics call this proposed tax a distraction and say what city leaders really need to focus on is building more affordable housing.

“When we look at the size of our shortage and how many houses we need to build, this is a drop in the bucket. San Francisco has a history of not building enough housing and the Board Of Supervisors is trying to avoid actually fixing the problem ,” said Corey Smith, the deputy director of the Housing Action Coalition.

RELATED: Wealthy Bay Area city pushes back against new housing proposal

The Board of Supervisors recently voted down a plan to build an apartment building on the valet parking lot of a Nordstrom Department Store.

Preston’s office says it isn’t an either/or situation.

Preston says the city of Vancouver implemented a similar tax and saw vacancies decrease by 20%.

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Residential vacancies have risen sharply in San Francisco in recent years, from 26,000 in 2013 to more than 40,000 — 10% of all homes in the city — in 2019. In response, Supervisor Dean Preston and his allies have put forward a ballot initiative, the Empty Homes Tax, that would assess an escalating fee on housing units left vacant at least six months out of the year. The tax could incentivize some property owners to put their vacant homes back on the market, either for rent or sale. It’ll also raise millions of dollars in revenue from those who would rather just pay the fee.

Pointing to similar policies in Oakland, Washington, DC, and Vancouver, British Columbia, Preston says the tax could generate $38 million per year and put 4,500 homes back on the market. He has also claimed that vacancies are “overwhelmingly” concentrated in the sleek new condo and apartment buildings in the city’s eastern and northeastern neighborhoods. The initiative itself says the tax applies only to larger buildings because they’re “more likely to include one or more units held vacant by choice.”

The problem is when it comes to long-term vacancies, large condo and apartment buildings aren’t the worst offenders — it’s two-unit homes, and they’re exempt.

The initiative’s proponents might be forgiven for the misconception. Before 2020, detailed data on the duration of vacancies wasn’t available: We knew why a unit was vacant — because it was for sale or rent, rented or sold but not yet occupied, or being used as a vacation home, for example — but the Census Bureau didn’t distinguish between units vacant for a week, a month or a year. That distinction is critical because short-term vacancies are a natural part of the housing market: When someone moves out of a rental, the landlord has to clean it up, put it back on the market and find a new tenant. An owner might vacate a home for renovations before listing it, or a buyer might spend several months on renovations before moving in. We could look to cities like Vancouver and Oakland and make inferences about long-term vacancies in San Francisco, but no one really knew.

But now we do.

In 2020, for the first time, the Census Bureau estimated vacancy duration alongside vacancy type and building size in its American Community Survey. And while the overall case for a vacancy tax looks strong, its exemptions are critical, unforced errors, according to my analysis of census data.

Vacancies continued their rise in 2020, to more than 56,000 units, or 14% of the overall stock. Given the disproportionate impact of COVID-19 on the San Francisco housing market, this shouldn’t be too surprising. Of those 56,000 empty homes, nearly 20,000 were vacant for at least six months. But roughly 8,200 — 41% of long-term vacancies — are in buildings of one or two units. They won’t be subject to the tax, and they’ll be more likely to remain empty.

Long-term vacancies in the biggest buildings — those with 50 units or more — are surprisingly rare: Only 5.5% were empty for at least six months. Two-unit homes, with a rate of 11.9%, have the most long-term vacancies by a wide margin. About 9% of homes with three or four units were vacant for at least half the year, and the rate was under 6% for all other building types.

What can this vacancy data tell us about the likely impact of the San Francisco tax?

Vancouver’s experience may be instructive. Its tax went into effect in 2017, and that year the owners of nearly 2,200 homes were required to pay it. Another 5,500 long-term vacancies were exempted, mostly because of property transfers and renovations or redevelopments. By 2020, the number of taxed properties fell by nearly 600 and exempt properties declined by 1,250 — about a 25% drop in both cases. The tax generated nearly $34 million in 2018, according to the city’s annual Empty Homes Tax Report, though collections had fallen to $21 million by 2021, as vacant homes were returned to market.

In San Francisco, up to 12,000 homes could be eligible for the vacancy tax. If two-thirds are exempt, as in Vancouver, roughly 4,000 might actually pay it. This won’t amount to much revenue. In the first year of vacancy, owners will pay between $2,500 and $5,000, depending on the size of their unit. Homes in larger buildings tend to be smaller, on average, and buildings with one and two units are exempt, so most homeowners will pay the smaller amount.

Vancouver, meanwhile, assesses a tax equal to 1.25% of a property’s assessed value, or roughly $16,000 per vacant unit. Vacant one- and two-unit homes pay a disproportionate share of revenue — $31,000 each, on average — because their typical values ​​($2.5 million) are double those of condos ($1.26 million). All told, San Francisco’s tax might generate $10 million to $15 million in its first year, a far cry from Preston’s estimate of $38 million. It could have doubled that amount, or more, if one-unit and two-unit homes weren’t exempt.

In a nod to the important role of supply in the price of housing, the primary goal of the tax isn’t to raise revenue, but to turn vacant homes into occupied homes. If San Francisco’s tax is as successful as Vancouver’s, it could put around 3,000 homes back on the market within several years. Given that the proposed San Francisco tax is substantially lower, however, this might be optimistic. It’s also less than the 4,000 units built in the city each year, on average, from 2015 to 2020. In Vancouver, the average value of vacant homes is higher than their occupied counterparts, so the homes that return to market may not be particularly affordable , either.

These criticisms don’t mean that a vacancy tax is a bad idea. Especially in a hot housing market like San Francisco’s, it’s better to have houses occupied than not, and revenue generated from units that remain vacant can be put to good use. Long-term vacancies are also a bigger problem in San Francisco — in 2020, at least — where 4.9% of units have been vacant six months or more, compared with 4.3% in Oakland and 2.4% in Los Angeles. But by exempting one- and two-unit buildings, the initiative’s authors have left thousands of empty homes and millions of dollars on the table — and for what?

Political concerns shouldn’t have been an issue: Oakland’s vacancy tax, put on the ballot in 2018, didn’t include these exemptions and it passed easily, with 70% support. The tax raised nearly $10 million last year. Vacant single-unit properties paid twice as much as owners of vacant condo, duplex and town home units. This is a good thing. One- and two-unit homeowners tend to be higher-income and have higher home values, so fairness and equity would suggest heavier penalties, not a special dispensation.

In the end, unfounded biases against new, higher-density housing seem to have won the day in San Francisco. City residents want to be the ones to lose out.

Shane Phillips manages the UCLA Lewis Center Housing Initiative and is author of “The Affordable City.”

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SAN FRANCISCO – (BUSINESS WIRE) – Grant Thornton LLP, a leading accounting, tax and advisory firm, has appointed Melanie Krygier to lead growth in private equity tax. Krygier, a San Francisco-based partner and head of Grant Thornton’s M&A Tax Services West Coast Practice, will join the private equity leadership team and will focus on assisting private equity clients with mergers and acquisitions (M&A).

“Melanie’s exceptional tax knowledge and long history of helping private equity investors and their portfolio companies through M&A will be incredibly valuable to every client she works with,” said Carlos Ferreira, Grant Thornton’s National Managing Partner of Private Equity. “The private equity space is constantly evolving, and the pandemic has only accelerated that development. This space requires the creative, self-confident and determined leadership that Melanie offers. ”

Krygier has more than 15 years of experience serving public and private companies in a variety of industries. After seven successful years with another national consulting firm, she moved to Grant Thornton in 2013. For almost 10 years she mainly focused on advising on M&A. Specifically, Krygier has carried out due diligence on the buyer and seller side as well as tax structuring and modeling for customers who are considering potential sales, purchases or restructuring.

Krygier has also assisted clients navigating tax-free restructurings, particularly those related to special purpose vehicle (SPAC) transactions. Her in-depth transactional knowledge will be beneficial to companies that need a skilled hand to guide them through the often complex tax implications of a merger or acquisition.

According to a recent M&A survey conducted by Grant Thornton, the surge in SPACs is likely to continue. Additionally, the recent surge in M&A activity could be a catalyst for new challenges, including a new type of earnout dispute. These results show the importance of a skilled executive like Krygier.

“As M&A activity becomes more prevalent, it is critical for any business to get the most value from what can be a very complex and labor-intensive process,” said Rimma Tabakh, executive partner at Grant Thornton’s San Francisco office. “Melanie will provide detailed and reliable guidance at a time when companies need her more than ever.”

“She is an inspiring and highly collaborative professional,” continued Tabakh, “who will nurture all of our team members in San Francisco and be a valuable role model for women in a historically male-dominated space.”

In this new management position, Krygier succeeds Chris Schenkenberg, who, as the national managing partner of Regional Tax Business Lines, has taken on a new role for the firm’s tax leadership team. Krygier earned a bachelor’s degree in accounting from Michigan State University.

“Melanie is a talented and knowledgeable leader with an innate ability to boldly break new ground and have an immediate and lasting impact on professional services,” said Renato Zanichelli, Grant Thornton’s National Managing Partner of Tax Services. “Her track record in delivering powerful business solutions and effective tax strategies makes her the perfect person to lead this team and help our clients succeed.”

To learn more about Grant Thornton’s private equity and M&A services, visit www.grantthornton.com/industries/private-equity and www.grantthornton.com/services/advisory-services/mergers-and-acquisitions.

About Grant Thornton LLP

Grant Thornton LLP (Grant Thornton) was founded in Chicago in 1924 and is the US member firm of Grant Thornton International Ltd, one of the world’s leading organizations of independent accounting, tax and consulting firms. Grant Thornton, with sales of $ 1.97 billion and more than 50 offices, works with a variety of dynamic public and private corporations, government agencies, financial institutions, and civil and religious organizations.

“Grant Thornton” refers to Grant Thornton LLP, the US member firm of Grant Thornton International Ltd (GTIL). GTIL and the member companies are not a global partnership. The services are provided by the member companies. GTIL and its member firms are not agents and do not undertake or be liable for any acts or omissions of the other. More information is available at grantthornton.com.

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