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Assessor Manuals, Exemption Administration

Exemption Administration Manual—Part 2: Multiple dwellings and urban renewal

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

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Year originally enacted: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.

Eligibility requirements

Ownership requirements:

Property may be owned by any public or private organization or any individual.

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).

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.

Certification by state or local government:

None unless required by statute chosen by the municipality as the basis of exemption (see Local option below).

Required construction start date or other time requirement:

Multiple dwelling must have been erected prior to April 18, 1929.

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.

Limitation on exemption

Limitation on exemption by amount, duration, and taxing jurisdiction
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 Tax 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-Exempt     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.

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.

Calculation of exemption

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.

Special ad valorem levies and special assessments:

No exemption allowed.

Coding of exemption on assessment roll

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.

Filing requirements (owner or occupant of property)

None.

Reporting requirements (assessor)

None.

Similar exemptions

See Chart IA and Chart IB

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