Senate Bill 789 (Menjivar; D–Van Nuys) would implement a statewide tax of $5 per square foot on commercial spaces considered “vacant.” While the bill is intended to address prolonged commercial vacancies, it poses potential challenges to property owners, tenants, local governments, and the broader real estate market.
Economic Implications
We know that vacancy in commercial real estate is often driven by market conditions—not neglect. Office, retail, and industrial sectors continue to navigate the long-term impacts of the pandemic and shifting demand. Penalizing property owners through taxation during this period of recovery would only compound existing economic pressures.
Fiscal Impact of Reduced Local Revenues
SB 789 could lead to widespread property tax reassessments under Proposition 8, thereby reducing taxable property values. The downstream effect would be significant funding shortfalls for school districts, municipalities, and essential public services that rely on local property tax revenue.
Administrative Challenges
Implementation of the bill would require state and local agencies to identify, evaluate, and monitor commercial vacancies on a large scale—an approach that has shown limited effectiveness and raised administrative concerns in cities like San Francisco and Oakland.
Urgent Call to Action
SB 789 is scheduled for hearing by the Senate Revenue and Taxation Committee on Wednesday, April 23, 2025, at 9:30 a.m. We encourage stakeholders in the commercial real estate industry to review the bill and contact their state senators to urge them to vote NO.
Join us in advocating for balanced, sustainable solutions for California’s commercial real estate sector.
Resources:
- California Business Properties Association – Sample Letters and Contact Info
- Full Text of SB 789
- Find Your State Senator
Special thank you to the California Business Properties Association for sharing this information.
We will continue monitoring this bill and advocating for policies that support a balanced and sustainable commercial real estate environment in California.