420-C - Exemption from local real property taxation of certain low income housing accommodations in a city having a population of one million or more.

§  420-c.  Exemption  from local real property taxation of certain low  income housing accommodations in a  city  having  a  population  of  one  million  or  more.  1.  In  a city having a population of one million or  more, real property owned  by  a  corporation,  partnership  or  limited  liability   company   formed   for  the  purpose  of  providing  housing  accommodations for persons and families of  low  income  as  defined  in  section  two  of  the  private  housing  finance  law  and used for such  purpose, shall be exempt from local  real  property  taxation,  provided  that  such corporation, partnership or limited liability company: (a) is  organized as a non-profit housing development fund company  pursuant  to  article  eleven  of  the private housing finance law, or is a non-profit  housing corporation as defined in article eleven of the private  housing  finance  law  which  is  not  incorporated as a housing development fund  company as defined in article eleven of the private housing finance law,  or is a wholly-owned subsidiary of such a company or is a partnership or  limited liability company the controlling interest of which is  held  by  such  a company or corporation or by a wholly owned subsidiary of such a  company or by a corporation sponsored or formed by  such  a  company  or  corporation;  and (b) has received a loan from a municipality, the state  or the housing trust fund corporation established  pursuant  to  section  forty-five-a  of  the  private  housing  finance  law  or  any successor  corporation; and  (c)  enters  into  a  regulatory  agreement  with  the  municipality,   the   state   or  the  housing  trust  fund  corporation  established pursuant to section  forty-five-a  of  the  private  housing  finance  law  or any successor corporation guaranteeing the provision of  housing accommodations for persons and families of low income;  and  (d)  is  a  participant  in the federal low income housing tax credit program  established pursuant to section forty-two of the internal  revenue  code  of  nineteen  hundred  eighty-six, as amended. Any exemption pursuant to  this section shall expire upon the  expiration  or  termination  of  the  regulatory agreement.    2.  An  exemption  may  be  granted pursuant to this section only upon  application by the owner on a form prescribed by the state board or  any  comparable  form, which application shall be accepted by the assessor of  such city  as  provided  in  this  subdivision  and  in  the  rules  and  regulations  promulgated  pursuant  to this section by the department of  housing preservation and development in such city. No  such  application  shall be accepted by the assessor unless accompanied by a certificate of  the  department  of  housing  preservation  and development in such city  certifying  the  applicant's  eligibility  pursuant  to  this   section.  Notwithstanding  section three hundred two of this chapter, an exemption  granted pursuant to this section shall commence as of the effective date  of the regulatory agreement with the  municipality,  the  state  or  the  housing   trust   fund   corporation  established  pursuant  to  section  forty-five-a of  the  private  housing  finance  law  or  any  successor  corporation  regardless  of  when  the application for such exemption is  approved. The department of housing  preservation  and  development  may  promulgate  rules  and  regulations  to carry out the provisions of this  section, and may require a reasonable filing fee in an  amount  provided  by such rules and regulations.    3.  An  exemption  from  local real property taxation pursuant to this  section shall be governed solely by subdivisions one  and  two  of  this  section  if  the  application  for such exemption is approved before the  effective date of this subdivision  and  shall  be  governed  solely  by  subdivision  four  of this section if the application for such exemption  is approved on or after the effective date of this subdivision. Any  tax  exemption  pursuant  to subdivisions one and two of this section that is  in effect on the effective date of this subdivision  shall  continue  inaccordance  with  the  provisions  of  subdivisions  one and two of this  section; provided, however, that any amendment to a regulatory agreement  on or after the effective date of this subdivision shall require  a  new  application  for  tax  exemption  pursuant  to  subdivision four of this  section. Eligible real property that receives exemption from local  real  property  taxation  pursuant  to  this  section  at  any  time shall not  simultaneously  receive  exemption  from  or  abatement  of  local  real  property taxation pursuant to any other law.    4. (a) For the purposes of this subdivision, the following terms shall  have the following meanings:    (1)  The  term  "persons  and  families  of low income" shall have the  meaning set forth in section two of the private housing finance law.    (2) The term "tax credit program" shall mean  the  federal  low-income  housing  tax credit program established pursuant to section forty-two of  the internal revenue code of nineteen hundred eighty-six, as amended, or  any successor statute.    (3) The term "eligible real property" shall mean  real  property  that  (i)  provides  housing  accommodations  for  persons and families of low  income, and (ii) participates in or has participated in the  tax  credit  program.    (4) The term "charitable organization" shall mean (i) an entity formed  for  purposes  that include providing housing accommodations for persons  and families of low income and that has received written recognition  of  exemption  pursuant  to  section  501(c)(3)  or section 501(c)(4) of the  internal revenue code of nineteen hundred eighty-six, as amended, or any  successor statute, from the United States Internal Revenue  Service,  or  any  successor  agency,  or  (ii)  a corporation, partnership or limited  liability company wholly owned and wholly controlled by an entity formed  for purposes that include providing housing accommodations  for  persons  and  families of low income and that has received written recognition of  exemption pursuant to section 501(c)(3)  or  section  501(c)(4)  of  the  internal revenue code of nineteen hundred eighty-six, as amended, or any  successor  statute,  from the United States Internal Revenue Service, or  any successor agency.    (5) The term "eligible entity" shall mean a  corporation,  partnership  or  limited  liability company at least fifty percent of the controlling  interest of which is held by a charitable organization.    (6) The term "eligible owner" shall mean one or more eligible entities  that holds (i) legal and beneficial title to eligible real property,  or  (ii)  a  legal and beneficial leasehold interest with a term of not less  than thirty years in eligible real property.    (7) The term "regulatory agreement" shall mean a regulatory  agreement  with  or  approved  by  the  municipality that requires the provision of  housing accommodations for persons and families of low income,  requires  that  units  currently or formerly assisted under the tax credit program  be rented in accordance with the income requirements of the  tax  credit  program,  is  recorded against the eligible real property, and binds all  parties in interest to the eligible real property and  their  respective  successors  and  assigns.  A regulatory agreement may include such other  terms and conditions as the municipality shall determine, including, but  not limited to, provisions requiring payments in lieu of taxes.    (b) Notwithstanding any other provision in  this  subdivision  to  the  contrary, in a city having a population of one million or more, eligible  real  property  of  an  eligible  owner  that is subject to a regulatory  agreement shall be exempt from local real property  taxation  except  as  may be otherwise provided in such regulatory agreement.    (c)  Notwithstanding  any  provision  of  any other general or special  state or local law  or  charter,  (1)  with  respect  to  eligible  realproperty  that  is  eligible  for  exemption  from  local  real property  taxation pursuant to this subdivision on  the  effective  date  of  this  subdivision  and  that is receiving exemption from or abatement of local  real  property  taxation pursuant to any other law on the effective date  of this subdivision, an eligible owner may prospectively terminate  such  other  exemption  or  abatement  upon  entering  into  a  new regulatory  agreement  and  the  eligible  real   property   shall   thereafter   be  prospectively  entitled  to  exemption from local real property taxation  pursuant to this subdivision, and (2)  with  respect  to  eligible  real  property  that  is  eligible  for  exemption  from  local  real property  taxation pursuant to this subdivision on  the  effective  date  of  this  subdivision and that is not receiving any exemption from or abatement of  local  real  property  taxation  pursuant to subdivisions one and two of  this section or any other law on the effective date of this subdivision,  if an eligible  owner  enters  into  a  new  regulatory  agreement,  the  eligible  real  property  shall  thereafter by prospectively entitled to  exemption  from  local  real  property   taxation   pursuant   to   this  subdivision,  and  (3)  with  respect  to eligible real property that is  eligible for an exemption from local real property taxation pursuant  to  this  subdivision  on the effective date of this subdivision and that is  receiving exemption  from  local  real  property  taxation  pursuant  to  subdivisions  one  and two of this section on the effective date of this  subdivision,  an  eligible  owner  may  prospectively   terminate   such  exemption upon entering into a new regulatory agreement and the eligible  real  property  shall  thereafter be prospectively entitled to exemption  from local real property taxation pursuant to this subdivision.    (d)(1) An exemption may be granted pursuant to this  subdivision  only  upon application by the eligible owner on a form prescribed by the state  board or any comparable form, which application shall be accepted by the  assessor  of such city as provided in this subdivision and in such rules  as may be promulgated pursuant to this subdivision by the department  of  housing  preservation  and development in such city. No such application  shall be accepted by the assessor unless accompanied by a certificate of  the department of housing preservation  and  development  in  such  city  certifying the applicant's eligibility pursuant to this subdivision.    (2)  Notwithstanding  section  three  hundred  two of this chapter, an  exemption granted pursuant to this subdivision shall commence as of  the  effective  date  of  the  regulatory  agreement,  regardless of when the  application for such exemption is approved, and shall terminate upon the  expiration or termination of such regulatory agreement.  Notwithstanding  any provision of this subdivision to the contrary, if there is a default  pursuant  to  the regulatory agreement, and such default remains uncured  beyond any period for such cure specified in the  regulatory  agreement,  the  municipality may terminate such exemption or suspend such exemption  until such default is cured.    (3) The department of housing preservation  and  development  in  such  city   may  promulgate  rules  to  carry  out  the  provisions  of  this  subdivision, and may require  a  reasonable  filing  fee  in  an  amount  provided by such rules.