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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 52(4), 52(5) 52(6): Municipal Housing Authorities (Project financed or aided by New York State)

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Year originally enacted: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.

Eligibility requirements

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

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* Yes* No exemption allowed
2. Duration Yes** Yes** Yes* No exemption allowed
3. Taxing jurisdiction
a. County or county special districts Ex NA EX Tax
b. City Ex NA NA Tax
c. Town or town special district Ex NA Ex Tax
d. Village Ex NA NA Tax
e. School district NA Ex NA NA
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

Coding of exemption on assessment roll
Code Description of alternative codes possible
38260

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.

Reporting requirements (assessor)

None.

Similar exemptions

See Chart IA and Chart IB.

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Updated: