Before Students Have a Start-up, “The House,” a Start-up Institute, Provides Support

Tracey Lien reported in today’s Los Angeles Times that, “Most Bay Area venture capital firms keep an eye on local colleges so they can fund campus start-ups before they take off.

“The House, a new ‘start-up institute,’ wants to get in even earlier.

“Cal alumni Cameron Baradar and Jeremy Fiance set up shop this week in a 7,000-square-foot space across the street from UC Berkeley to support Cal students and faculty before they even have a start-up.”

The article explained that, “The House, which stands separate from the House Fund — a $6-million venture capital fund Baradar and Fiance announced in April — will help students and faculty turn their research and ideas into companies by identifying business opportunities, putting founders in touch with legal and financial resources, offering access to advisors and mentors, and also providing a place to work.”

Today’s article added that, “‘There’s a need for a new type of organization at the intersection of start-ups and universities that is purpose-built for a university setting,’ said Baradar, a 23-year-old Orange County native.

“According to Baradar, start-up accelerators that work with company founders for three months simply aren’t built for universities, where students spend two to six years on campus.

“The House is a flexible alternative, Baradar said, where students and faculty can apply to be part of the program and get the support they need without the pressure of launching a business, securing funding or following an arbitrary timeline. The services are offered free — no strings attached.”

The L.A. Times article also pointed out that, “Even if companies coming out of the House don’t end up being funded by the House Fund, [Erez Cohen, an advisor to the House who founded and sold his mapping start-up, Mapsense, to Apple last year] believes the program will be a boon to the Cal start-up community.

“‘When I was a PhD student, I didn’t have any sense of what Silicon Valley was like, what it meant to raise money or have a demo,’ he said. ‘A program like this would have helped me a lot.'”

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New-Home Sales Climbed in July

Associated Press writer Josh Boak reported yesterday that, “Americans stepped up their purchases of new homes in July to the fastest pace in nearly nine years, the latest sign that low mortgage rates and a solid job market are helping support the residential real estate market.

“New-home sales jumped 12.4 percent last month to a seasonally adjusted rate of 654,000 annual units, the strongest level since October 2007, the Commerce Department said Tuesday. The demand has eclipsed the pace of construction. Just 4.3 months’ supply of new homes is available on the market, down from 5.2 months a year ago.”

The AP article added that, “The improved sales of both new and existing homes has supported the broader U.S. economy, which is still hampered by a global slowdown and weak worker productivity. Existing-home sales reached a seasonally adjusted annual rate of 5.57 million in June, the best performance since early 2007.”

As the pace of new home sales increases, recall that that The Wall Street Journal reported earlier this week, that due to the unusual nature of the current U.S. housing recovery, “with very low inventories of homes for sale, often leading to price appreciation and bidding wars—has prompted many homeowners to stay put and improve the home they already have.”

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USDA Provides Needed Assistance to Dairy Producers

Bloomberg writers Alan Bjerga and Lydia Mulvany reported yesterday that, “The U.S. Department of Agriculture plans to buy $20 million of stockpiled cheese to distribute to food banks and pantries nationwide in an attempt to stem farmer losses after dairy prices plummeted amid a global milk glut earlier this year.

“The purchase of about 11 million pounds of cheese, which the USDA reported Tuesday in a statement, comes in addition to $11.2 million in subsidies for dairy producers announced earlier this month. A dairy lobbying group had asked for as much $150 million in cheese purchases.”

Despite a slight uptick in global dairy prices in recent weeks, the Bloomberg article explained that, “The pain is also being felt on other continents. In the past year, the European Union has issued two aid packages totaling 1 billion euros ($1.1 billion), including incentives to cut output. In New Zealand, farmers are culling herds due to depressed prices and annual production there is forecast by the USDA to drop 2 percent in 2016. That’s prompted the New Zealand central bank to stress-test the main lenders in the country, where the dairy industry accounts for 10 percent of bank lending.

“One reason for the dairy’s recent difficulties was a slowdown in Chinese demand, but the country may now be back in the market, with milk imports up 87 percent this year through May, according to the USDA. The price of whole milk powder sold by GlobalDairyTrade, an international dairy sales platform owned by New Zealand’s Fonterra Cooperative Group, jumped 19 percent to $2,695 a metric ton in the most recent auction held last week.”

In a statement regarding this development yesterday, House Agriculture Committee ranking member Collin Peterson (D., Minn.) indicated that, “Today’s announcement is welcome news. The combination of declining milk prices and record high cheese stocks has left many dairy farmers struggling. Through this cheese purchase, both farmers and those utilizing USDA nutrition programs, will get some relief. Additionally, dairy farmers will have more time to enroll in [the Margin Protection Program (MPP)] and protect themselves against potential future volatility.

“MPP is an improvement over the past dairy safety net but as we look ahead to the next farm bill, I will be working closely with my colleagues and dairy farmers across the country to improve upon the program.”

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Rent-to-Own Home Agreements Garner Attention

Alexandra Stevenson and Matthew Goldstein reported on the front page of yesterday’s New York Times that, “Alex Szkaradek is a landlord who seems to have the best of both worlds.

“Mr. Szkaradek, 36, collects rent, but he never has to pay for repairs on any of the more than 5,500 homes — many of them rundown — that his firm manages across the country.

“The firm, Vision Property Management, blurs the line between what it means to be a renter and a homeowner. These companies do not offer regular leases or mortgages — they offer ‘rent to own’ contracts on homes that require tenants to make all repairs, no matter how big or small.”

The Times article noted that, “But these rent-to-own agreements reside in a gray area of the law. An examination by The New York Times of contracts and court filings, as well as interviews with housing lawyers and more than a dozen of Vision’s customers across the country, found that these deals are risky, lack consumer protections and may not be enforceable in some states.”

Stevenson and Goldstein pointed out that, “Across the country, however, dozens of smaller firms offer to lease cheap homes with options to buy, such as Vision does. Entrepreneurs conduct how-to seminars at conferences for small landlords hoping to strike it rich. And housing lawyers in cities including Detroit, Philadelphia and Columbus, Ohio, say they are seeing an uptick in disputes involving rent-to-own transactions.”

Yesterday’s article noted that, “In most states, landlords are required to keep the homes and apartments that they rent in habitable condition. Some legal experts said contracts like the ones used by Vision could violate that requirement.

“Cincinnati, for example, has an ordinance that requires rent-to-own landlords to adhere to building, housing and safety codes, as well as to ‘make all repairs and do whatever is reasonably necessary to put and keep the premises in a fit and habitable condition.'”

The Times writers added that, “Judith Fox, a professor of law at the University of Notre Dame, said that in most states landlord obligations cannot be waived. ‘If it’s a lease and they are claiming that none of the landlord-tenant obligations apply, then I would argue they have to adhere to federal truth in lending rules.’

“She added, ‘You can’t have it both ways.'”

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FDIC Guidelines Could Prompt Greater Scrutiny for Some FinTech Startups

Telis Demos and Peter Rudegeair reported in Monday’s Wall Street Journal that, “Federal and state regulators are increasingly scrutinizing partnerships between banks and online lenders, reducing some uncertainty about the rules in an area where the startups have thrived.

“Financial-technology upstarts such as LendingClub Corp., Avant Inc. and Prosper Marketplace Inc. have raised hundreds of millions of dollars in funding partly on the premise that they can offer borrowers better terms than banks, which must shoulder larger compliance burdens.

“The startups’ regulatory advantage may be fleeting. Last month, the Federal Deposit Insurance Corp. proposed guidelines, including one that banks that partner with third-party firms to make loans ‘will generally receive increased supervisory attention.'”

Yesterday’s Journal article noted that, “That may enable increased scrutiny of online lenders even though they aren’t banks.

“The proposed change adds to a flurry of legal activity and state regulatory moves to curtail the ability of the young firms to bypass state laws. The scrutiny also aligns with a broader effort by U.S. watchdogs to focus on risks of banks using outside partners.

“Though the FDIC has had guidelines for relationships between banks and outside vendors, the new proposal focuses specifically on lending partners, including proposing yearly examinations rather than every 18 months. It also recommends that banks should set ‘performance standards for third parties’ and ‘require access to data.'”

The Journal writers added that, “The FDIC is seeking comment on the proposal.”

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Bay Area’s Explosive Growth: An Impetus for Startups to Expand to Regions with Lower Wages, Real Estate Costs

Conor Dougherty reported in Monday’s New York Times that, “Three years ago, Kate Rogers was caught in the Bay Area struggle. She paid the astronomical rents. She did the crushing commute. She lived the frustration of always thinking about money even though she was a well-paid professional in the booming technology industry.

“And then, just like that, the stress went away. All she had to do was move to Arizona…[A]s start-ups across San Francisco and the Silicon Valley try to contend with high salaries and housing costs, many are expanding to lower-cost cities in the West and employing more people like Ms. Rogers. For Phoenix, which is about a 90-minute flight from San Francisco, the Bay Area’s loss is its gain.”

Mr. Dougherty indicated that, “At the end of last year in the Bay Area mega-region — including both the San Francisco and San Jose metropolitan areas — there were 530,000 tech and engineering jobs, a 7 percent increase from a year earlier. Phoenix has about one-fifth as many tech jobs, but the total grew 8 percent from a year ago, according to Moody’s Analytics.

“‘The Bay Area’s explosive growth is almost too much for the region,’ said Jackson Kitchen, an analyst at Moody’s Analytics. ‘They are bidding up wages so high that companies are saying, ‘Let’s expand to Phoenix or Boise or Salt Lake City where wages and real estate are that much cheaper.””

Graphic from The New York Times

Graphic from The New York Times

Mr. Dougherty also pointed out that, “Wages, taxes and energy cost about 25 percent less in Phoenix than they do in San Francisco, according to an index of business costs compiled by Moody’s Analytics.

“Housing is much cheaper. The median home price in the Phoenix metropolitan area is $221,000, according to Zillow. In San Francisco, it is $812,000.”

Yesterday’s article added that, “Hordes of young dreamy entrepreneurs still flock to the Bay Area each year in search of venture capital. Silicon Valley is to tech entrepreneurs what Hollywood is to actors, and the region continues to significantly outpace the nation in creating engineering jobs.

“But as companies grow and add large numbers of sales and customer service jobs, ‘it’s less about survival and having everybody in the same room,’ said Lawrence Coburn, chief executive of DoubleDutch, a San Francisco maker of software for live events that recently laid off a quarter of its staff to try to become profitable sooner.

“This year, the company opened a downtown Phoenix office with sales and customer service jobs. ‘San Francisco is a terrible place for entry-level people,’ Mr. Coburn said, because the infrastructure and housing are ‘failing.'”

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Unusual Nature of Housing Recovery: Many Homeowners Stay Put and Remodel

Chris Kirkham reported in Monday’s Wall Street Journal that, “Spending on single-family home construction remains 40% below the levels of a decade ago, but new forecasts project that U.S. investment in residential remodeling and repairs this year will surpass records set during the housing boom.

“Expense for repairs and remodeling is expected to surpass $300 billion this year, according to forecasts from John Burns Real Estate Consulting and the Harvard Joint Center for Housing Studies, ahead of the previous high of about $285 billion in 2007.”

Mr. Kirkham explained that, “Remodeling and home building both declined significantly in the years following the bust, but the fall was much less steep for home renovation. Experts said the unusual nature of this housing recovery—with very low inventories of homes for sale, often leading to price appreciation and bidding wars—has prompted many homeowners to stay put and improve the home they already have.”

The Journal article added that, “Brad Hunter, chief economist at HomeAdvisor, an online home improvement marketplace, said home renovation has bounced back better than new home construction because projects can be done bit-by-bit, in phases.

“‘Buying a house is a massive proposition for just about anybody: You have to jump through a lot of hoops and you have to have virtually spotless credit these days,’ said Mr. Hunter. Those who already own homes, on the other hand, have seen their equity improve in recent years.

“‘They’re able to get the loans they need to, and they’re able to dip into savings,’ he said.”

According to Monday’s Journal article: “Home improvement spending is expected to continue growing at a fast clip over the next three years.”

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New York Farmers Seek Tax Credit for Donated Food

Associated Press writer David Klepper reported on Saturday that, “Each year New York farmers give millions of pounds of apples, squash, corn or other agricultural products to the state’s food banks. Now they’re looking to get some credit for those good deeds — a tax credit.

“Legislation awaiting action by Gov. Andrew Cuomo would offer farmers a tax break of up to $5,000 a year for donations to the regional food banks that serve hundreds of food pantries, soup kitchens and homeless shelters around the state.”

The AP article noted that, “The federal government already offers a tax credit to farmers who donate goods to food banks. Several states have created their own tax credits, including California, Oregon and Colorado.

“Food banks welcome the donations, which give struggling New Yorkers access to healthy fresh fruits and vegetables. Last year farmers donated 12 million pounds of food in New York, and advocates for emergency food programs say there’s an appetite for more.”

Mr. Kleeper added that, “[Gov.] Cuomo hasn’t weighed in on the bill so far this year, though his administration has taken other steps to give poor New Yorkers access to the state’s agricultural products. The state has expanded programs allowing SNAP benefits to be used at farmers markets and has funded projects to locate farmers markets in low-income neighborhoods. The state is also working to use more New York farm products in school lunch programs.”

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Proposed Rules Could Limit Techniques Used to Lower Estate and Gift Taxes

Laura Saunders reported in Saturday’s Wall Street Journal that, “New rules are coming that will likely limit techniques used by the wealthy to lower their estate and gift taxes.

“The proposed regulations, issued by the Treasury Department and Internal Revenue Service in early August, apply to moves known as ‘valuation discounts.’ They allow people with assets greater than the current exemption of $5.45 million per person ($10.9 million for a couple) to lower the value of their assets that are subject to gift and estate taxes. The top tax rate on amounts above the exemption is currently 40%, so the savings can be substantial.

“To get the lower valuations, the owner of assets typically puts them into a holding company or other entity that isn’t traded and gives pieces of the company to family members and perhaps a charity. As a result, the assets’ value drops because control of the entity is dispersed and the assets would be harder to sell. The combined discounts generally range from 30% to 50% of the assets’ value, and can be even higher.”

The Journal article explained that, “These moves are controversial because the courts have allowed taxpayers to use them to get sizable tax breaks on traded securities and even cash. Thus a wealthy taxpayer could reduce the taxable value of $10 million of blue-chip stocks to $6 million and cut his estate tax by $1.6 million.”

Saturday’s article noted that, “The proposed changes in the rules would allow the IRS to ignore many discounts in entities where they currently apply and collect far more estate or gift tax. In addition, the IRS could disallow even more discounts if a taxpayer dies within three years after making certain gifts.”

Ms. Saunders added that, “Experts say it is unclear whether revisions are likely, or what they might be. The Treasury and the IRS are accepting comments on the proposals, and a hearing is scheduled for Dec. 1. Some think the administration will push to finish them before a new president takes office.

“There is a window of opportunity for people who have or want to have entities with valuation discounts, because the most important changes won’t take effect until 30 days after the rules are made final.”

The New York Times also discussed this issue in Saturday’s paper, Paul Sullivan reported that, “The Treasury Department has moved a step closer to tightening the way family limited partnerships are valued for tax purposes. And the prospect that the tax code could be changed by the end of this year has tax planners pushing their clients to consider stepping up estate and business planning, or risk paying more taxes.

“Earlier this month, the Treasury Department issued ‘proposed final regulations’ to eliminate a provision in the tax code that effectively allows wealthy people to greatly discount the value of shares in a family limited partnership given to family members. These partnerships are able to own assets like family business, real estate and securities.”

The Times article indicated that, “Tax experts do not rule out that these new regulations, although labeled final, could be changed in the comment period. Their enactment, which is set for 30 days after they become final, could also be delayed. At the earliest they would take effect on Dec. 31.

“Still, predicting when the regulations will take effect is beyond people’s control and could be risky for those who would benefit from a family partnership.”

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Some Iowa Farmers Planting Specialty Crops Instead of Corn and Soybeans

Christopher Doering reported in Sunday’s Des Moines Register Online that, “During the Agriculture Department’s census released in 2012, the federal government estimated that more than 47,000 Iowa farms had corn and 41,000 had soybeans. Together, the two commodities were grown on 23 million acres.

“By comparison, 962 farms raised vegetables spread across 7,700 acres, and even fewer produced fruits, according to the most recent data for the specialty crops.

“To be sure, fruit and vegetable crops are unlikely to ever overtake corn, soybeans, eggs, hogs and even ethanol in the state.”

The Register article pointed out that, “Still, for farmers such as [Greg Rinehart, who farms 55 miles northwest of Des Moines], the chance to diversify their crop mix, receive more income and avoid the price volatility that has squeezed profitability recently for corn and soybean producers can be enticing.

“‘It’s a huge difference on prices,’ said Rinehart, who had expanded his operation to grow an estimated 40 kinds of fruits and vegetables, along with conventional corn and soybeans. ‘We’re doing it for business. We don’t want to lose money. That’s why we’ve expanded the vegetable end of it, because you can kind of see what sells well, and those prices don’t drop like commodity prices.’

“Eric Franzenburg, president of the Iowa Fruit and Vegetable Growers Association, said produce production in the state is increasing, in large part because of growing participation by younger farmers just starting out in agriculture.”

Mr. Doering added that, “Farmers who decide to grow produce and do so profitably tend to cluster near metropolitan areas where they can easily transport their food to farmers markets, grocery stores and restaurants.

“‘In and around the Des Moines area there are a wide range of producers that are producing specifically for that Des Moines metropolitan market and, of course, many of them can make a decent living,’ [Iowa State University economist David Swenson] said. ‘But you get out into the more rural areas of the state and you can’t do that. You’re not going to have the local demand.’

“In Iowa, there are opportunities for more producers to enhance farm household income by growing fruits and vegetables, ‘but not many,’ he said.”

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