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Assessor's Manual, Volume 4, ExemptionAdministration

Exemption Administration Manual - Part 2
Multiple Dwellings

Section 4.07 - Pub Hsng L Section 214-a(2)

Rent-Controlled Multiple Dwellings Erected Prior to
April 18, 1929 and Improved through Loan Made
Pursuant to Pub Hsng L Article 10
Pub Hsng L Section 214-a(2)

Exemption Code(s): 4870_ Year Originally Enacted: 1960

Related Statutes: Statute chosen by municipality as basis of exemption

SUMMARY:  To the extent allowed by local option, multiple dwellings erected prior to April 18, 1929 and improved through loans made pursuant to Pub Hsng L Article 10 are exempt from taxation provided that (1) the dwellings are occupied by persons or families of low income or moderate income and (2) rents are controlled pursuant to the Emergency Housing Rent Control Law or Article 10 of the Pub Hsng Law. Such property is liable for special ad valorem levies and special assessments.

  1. ELIGIBILITY REQUIREMENTS:
    1. Ownership Requirements: Property may be owned by any public or private organization or any individual.
    2. Property Location Requirements: None unless property is restricted to certain areas by the statute chosen by the municipality as the basis of exemption (see Local Option below).
    3. Property Use Requirements: So long as the municipal loans which were made to improve the dwellings are outstanding and, in any event, for the first ten years of occupancy following the completion of such improvement, the property must be used for housing for low-income persons or families (for a description of the tenant income limits, see Charts ID). Thereafter, the property may also be used for moderate-income housing; the statute sets no limits on the income of moderate-income persons. In addition, rents must be controlled pursuant to the Emergency Housing Rent Control Law or Article 10 of the Pub Hsng Law.
    4. Certification by State or Local Government: None unless required by statute chosen by the municipality as the basis of exemption (see Local Option below).
    5. Required Construction Start Date or Other Time Requirement: Multiple dwelling must have been erected prior to April 18, 1929.
  2. LOCAL OPTION: Yes -- Each county, city, town, and village may choose whether or not to allow tax exemption and/or tax abatement. The exemption and/or abatement may be to the same extent, for the same period, and under the same terms or conditions as provided by any currently effective statute authorizing the granting of exemption or abatement in aid of rehabilitation, alterations, or improvements of multiple dwellings or the elimination of unhealthful or dangerous conditions in multiple dwellings. The option must be exercised through adoption of a local law.
  3. LIMITATION ON EXEMPTION:
    General
    Municipal
    Taxes
    School
    District
    Taxes
    Special
    Ad Valorem
    Tax
    Special
    Assessments
    1. Amount Yes* Yes* No
    exemption
    allowed
    No
    exemption
    allowed
    2. Duration Yes** Yes** No
    exemption
    allowed
    No
    exemption
    allowed
    3. Taxing Jurisdiction
    a. County or County
    Special Districts
    Ex*** NA Tax Tax
    b. City
    Ex*** NA NA Tax
    c. Town or Town
    Special District
    Ex*** NA Tax Tax
    d. Village
    Ex*** NA NA Tax
    e. School District
    NA Ex*** NA NA
    Ex-Tax-Taxable  NA-Not Applicable

    * Limited to the increase in assessed value resulting from the alterations or improvements. May be further limited by the statute chosen by the municipality as the basis of exemption.

    ** If duration is limited by the statute chosen by the municipality as the basis of exemption.

    *** If allowed by local option.

  4. PAYMENTS IN LIEU OF TAXES: None required unless specified in the statute chosen by the municipality as the basis of exemption.

    Since they are not collected by the tax collector, payments in lieu of taxes should not be entered on the tax roll. Such payments are collected in the same manner as are other payments due the municipality under contract.

  5. CALCULATION OF EXEMPTION:
    1. General Municipal and School District Taxes: % of increase in assessed value resulting from alterations or improvement as allowed by statute chosen by the municipality as the basis of exemption.
    2. Special Ad Valorem Levies and Special Assessments: No exemption allowed.
  6. CODING OF EXEMPTION ON ASSESSMENT ROLL:
    Code Description of Alternative Codes Possible
    4870_

    Assessment Roll Section(s): Taxable (ARLM Section 1).

    NOTE: This code should not be used to identify property that is exempt under any of the statutes listed under Similar Exemptions below.

  7. FILING REQUIREMENTS (Owner or Occupant of Property): None.
  8. REPORTING REQUIREMENTS (Assessor): None.
  9. SIMILAR EXEMPTIONS: See Chart IA and Chart IB.

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