Residential PACE got off the ground much faster than commercial PACE, but in 2018, the tables started to turn.
Resi PACE originations, which had largely been confined to California, fell sharply as providers grappled with new consumer protection regulations in that state. The regulations include income verification and ability-to-pay rules that extended the time and effort required to obtain financing for energy and water efficiency improvements from now more than 30 to 45 minutes to multiple days.
Renovate America and Renew Financial, two of the largest providers of programs that finance energy-saving home upgrades, also faced more
legal action from consumers.
Unlike earlier lawsuits, this one does not allege that the providers of Property Assessed Clean Energy Financing violated consumer protection laws. A U.S. District Court
dismissed those claims last year, ruling that PACE liens are not subject to the federal Truth in Lending Act or Home Ownership and Equity Protection Act because they are not consumer credit. Instead, the new lawsuit alleges that Renovate America and Renew Financial breached a contract with Los Angeles County to implement basic consumer protections and ensure “best in class protections” for the benefit of homeowners who participated in the PACE program, including protection from “predatory lending, unscrupulous contractors and poor quality assessment servicing,” the complaint states.
Meanwhile, C-PACE providers continued to boost production, with CleanFund debuting in the securitization market with the sector’s first
AAA rating, from DBRS.
Going forward, DBRS as well as Morningstar Credit Ratings expect PACE production to get a boost from the
expansion of improvements eligible to be financed via tax assessments. However, the expansion will primarily benefit providers of PACE for commercial property, as residential PACE providers are struggling under the headwinds of new consumer finance protections in California, by far the biggest PACE market.