Fresno County Supervisors Threaten Lawsuit Against Their Own Assessor Over Fees

The Fresno County Board of Supervisors has voted unanimously to pursue legal action against Paul Dictos, the county's own elected Assessor/Recorder, over his interpretation of a state affordable housing fee that has produced some of the largest real estate recording charges in California.

The dispute centers on Senate Bill 2, the Building Homes and Jobs Act that took effect in January 2018. SB 2 charges $75 per real estate recording to fund affordable housing, with about 70% of collected funds returning to the county of record. The law also states the fee "shall not exceed $225" per transaction. Most California county recorders apply that cap to mean a single transaction cannot exceed three $75 increments regardless of how many parcels change hands. Dictos reads the statute differently: his office charges $75 per parcel with no ceiling per transaction, turning a multi-parcel deal into a bill that can reach tens of thousands of dollars.

The gap is not theoretical. Dictos described charging Granville Homes CEO Darius Assemi $90,000 to record one transaction, a figure Tulare County would have capped at $225. A separate transaction involving a local farmer ran to $2,000 under Dictos' calculation. When a Bakersfield attorney who encountered the fees filed a $10,000 recovery claim with the county, supervisors approved it and agreed to return the money. That acceptance triggered the board's unanimous vote to have County Counsel Doug Sloan send Dictos a formal demand letter requiring him to apply SB 2 in line with county attorneys' interpretation. If Dictos refuses, supervisors said they will file suit against him in his official capacity.

Dictos is not backing down. "I'm advocating for affordable housing. I'm advocating for the homeless veterans in the streets, and my own board wants to stop me. They want to sue me," he said. "It couldn't happen to a nicer guy." He argues the statute's plain language and legislative history support his per-parcel reading, noting that SB 2 author Toni Atkins stated during a 2017 hearing that the fee should apply to each parcel. Since the law's inception, Dictos said his office has sent $54 million to the state. He welcomes a court ruling, arguing it would give all California recorders the guidance they have not received from state officials. Neither California Attorney General Rob Bonta nor State Controller Malia Cohen has weighed in on the fee dispute despite requests from recorders across the state.

The stakes extend beyond Fresno County. At least three different interpretations of SB 2 are currently in use among California's 58 county recorders. A court ruling here would almost certainly influence fee practices statewide, with direct consequences for anyone recording a multi-parcel transaction: homebuyers, developers, and title companies that pass recording costs through to clients.

A county spokesperson confirmed the county will not cover Dictos' legal costs, even though he is being sued in his official capacity, and said the county is not aware of another instance in which a California government entity has sued itself in this manner.