Exemption Administration Manual - Part 2 Multiple Dwellings
Section 4.07 - Pub Hsng L Section 52(4), 52(5) 52(6)
Municipal Housing Authorities (Project financed or aided by New York State)
Pub Hsng L Section 52(4), 52(5) 52(6)
Exemption Code(s): 38260 Year Originally Enacted: 1939
Related Statutes: None.
SUMMARY: Real property that is (1) owned or under the control of a municipal housing authority (MHA), (2) financed or aided by New York State, and (3) used for low-income housing is partially exempt from general municipal and school district taxes and from special ad valorem levies, but is liable for special assessments. In addition, the property is entitled to a limited assessment, as described under Calculation of Exemption below. The amount and duration of the exemption are limited.
Ownership Requirements: Property must be owned or under the control of an MHA. In addition, the project must be financed or aided by New York State.
Property Location Requirements: None.
Property Use Requirements: Property must be primarily used for housing for low-income persons or families. The statute sets no limits on the income of low- income persons. Portions of the property may be used for nonhousing purposes if they are incidental or appurtenant to the housing project.
Certification by State or Local Government: None required.
Required Construction Start Date or Other Time Requirement: None.
LOCAL OPTION: An existing exemption may be extended for an additional period following the expiration of the initial tax exemption period (see Limitations on Exemption below).
LIMITATION ON EXEMPTION:
General Municipal Taxes
School District Taxes
Special Ad Valorem Tax
No exemption allowed
No exemption allowed
3. Taxing Jurisdiction
a. County or County
c. Town or Town
e. School District
Ex-Exempt Tax-Taxable NA-Not Applicable
* Amount of the exemption is limited to that part of the assessed value which exceeds the value of the property on the date of the contract for the state loan or subsidy.
** Duration of the exemption is limited as follows:
(1) Project owned by MHA: 50 years. After the expiration of the initial 50-year period, an additional exemption period of up to 50 years may be granted.
(2) Project leased by MHA from housing company: term of lease.
PAYMENTS IN LIEU OF TAXES: None required.
CALCULATION OF EXEMPTION:
General Municipal and School District Taxes:
Limited Assessment - Property may not be assessed at an amount greater than the project's actual cost.
Exemption - 100% of that part of the assessed value which exceeds the value of the property on the date of the contract for the state loan or subsidy.
Special Ad Valorem Levies and Special Assessments:
Special Ad Valorem Levies - See General Municipal and School District Taxes above.
Special Assessments - No exemption allowed.
CODING OF EXEMPTION ON ASSESSMENT ROLL:
Description of Alternative Codes Possible
Assessment Roll Section(s): Taxable (RPS 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.