Gay rights make strides w/ Alameda tax waiver
Kristen Bender, Oakland Tribune, June 5, 2003
The gay, lesbian and transgender community made
significant strides Tuesday night in its continuing struggle
to be treated fairly and have its contributions recognized by
the community at large. The City Council voted 3-2 to
exempt legally registered domestic partners, including
same-sex partners, from the city's property transfer tax.
The exemption currently applies to transfers between
married couples and from homeowners to some trusts.
"It (should be) a matter of policy to afford the same rights to
gay, lesbian and transgender couples that are afforded to
heterosexual couples," said Vice Mayor Tony Daysog, who
brought the matter to the council last month.
. . . Also Tuesday, the City Council unanimously suported a
proclamation recognizing June as Gay Pride Month --
internationally and in the city of Alameda. "What you are
doing here with the proclamation is not a small thing and I
want to thank the city of Alameda for making us feel so
welcome," said Karen Boutlier, who identified herself as
bi-sexual woman while speaking to the council.
Transfer tax May Change for Domestic
Partners
Susan Fuller, Alameda Journal, May 6, 2003
Vice Mayor Tony Daysog is fulfilling a campaign promise
to the gay and lesbian community by proposing a
resolution to treat domestic partners like married
couples when it comes to assessing the real estate
transfer tax.
Transfers between spouses are exempt from the tax
when a title change results from death, marriage or
divorce. Daysog's proposal, which he will raise for
discussion rather than action at tonight's City Council
meeting, will add transfers between registered domestic
partners and the beginning or termination of those
relationships to the exemption.
"I see this as a civil rights issue since gay and lesbian
couples can't marry but they can have a committed
relationship that is, for all intents and purposes, a
marriage," Daysog said.
In addition to gay and lesbian couples, the state registry
of domestic partners includes heterosexual couples,
with at least one partner over age 62, who don't marry
because they would lose retirement benefits.
"My preference is that we include those couples," Daysog
said.
In Alameda, there are between 107 and 120
state-registered domestic partnerships, according to
Leslie DeFacio, an advocate for the tax exemption.
Approximately 57 are home owners. Advocates expect
about 19 transfers in the first year, taking into
consideration that some domestic partners' homes
could already be owned jointly. In subsequent years, the
transfer of title rate would be about two or three years,
mirroring the full community.
The proposal could cost the city $25,000 in the first year if
the estimates are right, and as much as $73,000 if every
home-owning domestic partnership changed title.
San Jose expected 93 exemptions in the first year after
that city's ordinance was approved, but only five actually
requested the exemption.

Families could lose their homes, without an
exemption, because of a change of names on the
title due to forming or ending a partnership or after
the death of a partner, say advocates.
San Francisco, Oakland, San Jose and Berkeley
have similar exemptions for domestic partners
registered in the state or their respective city.
Daysog hopes there isn't significant community
opposition to his proposal. He recollected the
mid-1990s' heated battles in the city over gay-related
issues. A parent objected to a 1977 classroom
discussion of the coming-out episode of TV's
"Ellen." Before that, the council and residents
engaged in annual debates over whether to issue a
proclamation recognizing Gay Pride Month.
On an individual level, the tax hit - both the initial
transfer tax and ongoing property taxes based on an
increased assessment -- could lead to loss of
homes, according to advocates for change. On an
average $475,000 Alameda home, the transfer tax is
$1,283. Home owners pay the transfer tax in the
year of the title change.
"This is part of moving Alameda into the region,"
Daysog said. He has led previous moves to extend
city employee benefits, such as bereavement leave,
to gay and lesbian workers.
"My gut tells me that Alameda in 2003 is a little more
comfortable with the wide diversity we have," he
said. "That is a tribute to (late) Mayor Ralph
Appezzato and his ability to work with different
communities."
Tuesday's council discussion will give direction to
city staff on how to write a proposed resolution. A
vote could come at the May 20 City Council meeting.
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