Bill Text: NY S02320 | 2011-2012 | General Assembly | Introduced
Bill Title: Excludes payment of shelter rent taxes from the definition of shelter rent for purposes of computing the tax exemption allowed limited-profit (Mitchell-Lama) housing companies.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-01-18 - REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT [S02320 Detail]
Download: New_York-2011-S02320-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 2320 2011-2012 Regular Sessions I N S E N A T E January 18, 2011 ___________ Introduced by Sen. KRUGER -- read twice and ordered printed, and when printed to be committed to the Committee on Housing, Construction and Community Development AN ACT to amend the private housing finance law, in relation to tax exemption for limited-profit housing companies THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Paragraph (a) of subdivision 1 of section 33 of the 2 private housing finance law, as amended by chapter 229 of the laws of 3 1989, is amended to read as follows: 4 (a) Upon the consent of the local legislative body of any munici- 5 pality in which a project is or is to be located, the real property in a 6 project shall be exempt from local and municipal taxes, other than 7 assessments for local improvements, to the extent of all or part of the 8 value of the property included in such project which represents an 9 increase over the assessed valuation of the real property, both land and 10 improvements, acquired for the project at the time of its acquisition by 11 the limited-profit housing company, provided, however, that the real 12 property in a project acquired for purposes of rehabilitation shall be 13 exempt to the extent of all or part of the value of the property 14 included in such project, and further provided that the amount of such 15 taxes to be paid shall not be less than ten per centum of the annual 16 shelter rent or carrying charges of such project except that for 17 projects located or to be located in a city of a population of one 18 million or more, upon the consent of the local legislative body of the 19 municipality, the amount of such taxes to be paid may be set at not less 20 than (i) the taxes payable with respect to the real property in such 21 project with respect to the year nineteen hundred seventy-three, or, 22 (ii) if such project was not occupied in such year, not less than ten 23 per centum of the annual shelter rent or carrying charges first estab- 24 lished pursuant to subdivision one of section thirty-one of this arti- EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07453-01-1 S. 2320 2 1 cle. Shelter rent shall mean the total rents received from the occupants 2 of a project BEFORE THE INCREASE THEREOF DUE TO SHELTER RENT TAXES less 3 the cost of providing to the occupants electricity, gas, heat and other 4 utilities. Total rents shall include rent supplements and subsidies 5 received from the federal government, the state or a municipality on 6 behalf of such occupants, but shall not include interest reduction 7 payments pursuant to subdivision (a) of section two hundred one of the 8 Federal Housing and Urban Development Act of nineteen hundred sixty- 9 eight. The tax exemption shall operate and continue so long as the mort- 10 gage loans of the company, including any additional mortgage loan the 11 proceeds of which are used primarily for the residential portion of the 12 project, which additional loan is approved by the commissioner or the 13 supervising agency, are outstanding. 14 S 2. This act shall take effect immediately.