Exemption Administration Manual, Part 2: Multiple dwellings and urban renewal—Section 4.07 - PHFL Section 93(4), 93(5) Limited-Dividend Housing Companies (Project completed between January 1, 1939 and December 31, 1972 or after January 1, 1979)

Assessor Manuals

Section 4.07 - PHFL Section 93(4), 93(5) Limited-Dividend Housing Companies (Project completed between January 1, 1939 and December 31, 1972 or after January 1, 1979)

Exemption code(s)

4854_

Year originally enacted:

1939

Related statutes:

None.

Summary:

To the extent allowed by local option, property that:

1. Is owned by a limited-dividend housing company and
2. is used for a low-income or moderate-income housing project which was completed between January 1, 1939 and December 31, 1972 or after January 1, 1979 is partially exempt from taxation, but is liable for special ad valorem levies and special assessments. The amount of the exemption is limited to that part of the assessed value which exceeds the value of the property at the time of acquisition by the housing company that originally undertook the housing project. The exemption granted by a municipality, if any, may not exceed a period of 50 years.

Eligibility requirements

Ownership requirements:

Property must be owned by a limited-dividend housing company. The specific organizational requirements are as follows:

Limited-dividend housing company organized between 5/10/26 and 6/30/39 under State Housing Law of 1926:

• Laws under which incorporation required: L. 1926, ch. 823 (State Housing Law - repealed effective 7/1/39).
• Restrictions on corporate purposes or activities as stated in certificate of incorporation:
  1. Company must be organized exclusively to acquire, construct, maintain, and operate housing projects authorized by the State Board of Housing or other appropriate state authority, and
  2. no stockholder of the corporation may receive, in repayment of his investment, any sum in excess of the par value of the stock, together with cumulative dividends at the rate of 6% per year.

Limited-dividend housing company (other):

• Laws under which incorporation required: PHFL Article 4.
• Restrictions on corporate purposes or activities as stated in certificate of incorporation:
  1. Company must be organized exclusively to acquire, construct, maintain, and operate housing projects subject to the supervision of the State Commissioner of Housing or other state authority, and
  2. no stockholder of the company may receive, in repayment of his investment or interest in the company's capital, any sum in excess of the par value of the stock, or the amount of his contribution to or beneficial interest in capital, together with cumulative distributions on capital at the rate of 6% per year.

Property location requirements:

None.

Property use requirements:

Property must be used for housing for low-income or moderate income persons or families. For a description of the income limits of low-income persons, see Chart ID, PHFL Article 4, §85-a. The statute sets no limits on the income of moderate-income persons.

Certification by state or local government:

None required.

Required construction start date or other time requirement:

Project must have been completed between January 1, 1939 and December 31, 1972 or after January 1, 1979.

Local option

Yes. Each county, city, town, or village in which the property is located may choose:

1. Whether or not to allow the exemption, and
2. whether to allow exemption of all or part of the value authorized by state law.

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

* Amount of exemption is limited to the locally approved percentage of that part of the assessed value which exceeds the value of the property at the time of acquisition by the housing company that originally undertook the housing project.

** Duration of exemption is limited to a period not to exceed 50 years.

After the tax exemption period has expired, any project that received this exemption may be granted an additional tax exemption period of up to 50 years, or until such time as the project no longer complies with the operating requirements of the Mitchell-Lama Program, whichever is sooner.

*** If allowed by local option.

Payments in lieu of taxes

None required.

Calculation of exemption

General municipal and school district taxes:

% of assessed value allowed by local option which exceeds the value of the property at the time of acquisition by the housing company that originally undertook the housing project.

Special ad valorem levies and special assessments:

No exemption allowed.

Coding of exemption on assessment roll

Assessment roll section(s):

RPS (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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