State Codes and Statutes

Statutes > New-york > Rpt > Article-4 > Title-2 > 423

§  423. Phase out of exemption for redevelopment company projects upon  the cessation of the tax exemption granted  pursuant  to  contract.  (1)  After  the  expiration  of  any  tax  exemption  granted a redevelopment  project pursuant to section  one  hundred  twenty-five  of  the  private  housing  finance  law,  which exemption is not extended pursuant to such  law, that part of the value  of  the  property  which  was  exempt  from  certain  taxation  for  local  purposes  by  reason of such grant, shall  thereafter be exempt  from  taxation  for  local  purposes,  other  than  assessments for local improvement, commencing upon the expiration of the  tax  exemption  granted  pursuant to such section as follows: during the  first year after such expiration, the taxes which shall be payable shall  be the taxes which were payable during the last year  of  the  grant  of  exemption  plus one tenth of the difference between the taxes which were  payable during such prior year and the taxes which  would  otherwise  be  payable  during  such  first year absent this section; during the second  year after such expiration, the taxes which shall be  payable  shall  be  the taxes which were payable during the first year after such expiration  plus  one-ninth  of  the difference between the taxes which were payable  during such first year and the taxes which would  otherwise  be  payable  during such second year absent this section; during the third year after  such  expiration,  the  taxes  which shall be payable shall be the taxes  which were payable during the second year  after  such  expiration  plus  one-eighth of the difference between the taxes which were payable during  such  second  year and the taxes which would otherwise be payable during  such third year absent this section; during the fourth year  after  such  expiration,  the  taxes  which shall be payable shall be the taxes which  were  payable  during  the  third  year  after  such   expiration   plus  one-seventh  of  the  difference  between  the  taxes which were payable  during such third year and the taxes which would  otherwise  be  payable  during such fourth year absent this section; during the fifth year after  such  expiration,  the  taxes  which shall be payable shall be the taxes  which were payable during the fourth year  after  such  expiration  plus  one-sixth  of the difference between the taxes which were payable during  such fourth year and the taxes which would otherwise be  payable  during  such  fifth  year  absent this section; during the sixth year after such  expiration, the taxes which shall be payable shall be  the  taxes  which  were  payable during the fifth year after such expiration plus one-fifth  of the difference between the taxes which were payable during such fifth  year and the taxes which would otherwise be payable  during  such  sixth  year absent this section; during the seventh year after such expiration,  the  taxes  which shall be payable shall be the taxes which were payable  during the sixth year after  such  expiration  plus  one-fourth  of  the  difference  between  the taxes which were payable during such sixth year  and the taxes which would otherwise be payable during such seventh  year  absent  this  section; during the eighth year after such expiration, the  taxes which shall be payable shall  be  the  taxes  which  were  payable  during  the  seventh  year  after  such expiration plus one-third of the  difference between the taxes which were payable during such seventh year  and the taxes which would otherwise be payable during such  eighth  year  absent  this  section;  during the ninth year after such expiration, the  taxes which shall be payable shall  be  the  taxes  which  were  payable  during  the  eighth  year  after  such  expiration  plus one-half of the  difference between the taxes which were payable during such eighth  year  and  the  taxes  which would otherwise be payable during such ninth year  absent this section; during the tenth year after  such  expiration,  the  taxes which shall be payable shall be the taxes otherwise payable.    (2)  Any  provision  of law to the contrary notwithstanding, any local  laws  or  ordinances  in  respect  of  the  regulation  and  control  ofresidential  rents and evictions adopted pursuant to the local emergency  housing  rent  control  act  shall  be  applicable   to   all   dwelling  accommodations  in  a  property  described in subdivision one throughout  such   additional   exemption   period  whether  or  not  such  dwelling  accommodations become vacant during such period, in the same manner that  such  local  laws  or  ordinances  would  be  applicable   to   dwelling  accommodations  which  (i)  were  completed after February one, nineteen  hundred forty-seven  and  for  which  a  certificate  of  occupancy  was  obtained  prior  to March ten, nineteen hundred sixty-nine, and (ii) did  not become vacant after the thirtieth  day  of  June,  nineteen  hundred  seventy-one,  provided  that  the  last  rental set forth under a rental  agreement in force relating to a dwelling accommodation in such  project  immediately  prior  to  the  expiration  of  the  tax  exemption granted  pursuant to the private housing finance law,  shall  continue,  and  the  owner  of  the  property  in  which  such accommodations are situate may  increase such rentals.    (a) in each year by an amount not more than the  increases  in  taxes,  payable  on such project by such owner over those paid in the year prior  to the expiration of the tax exemption granted pursuant to  the  private  housing  finance  law, allocated to such dwelling accommodation on a per  room basis based on the room count set forth  in  the  contract  with  a  municipality  originally  granting  the  tax exemption under the private  housing finance law, and    (b) by an amount not more than  the  difference  between  the  average  rental  per room per month last authorized by the local legislative body  pursuant to the private housing finance law, and the average rental  per  room  per month actually collected during the last year such project was  exempt under such law, multiplied by the room count  for  such  dwelling  accommodation  as  set  forth in such contract with the municipality, as  well as percentage increases thereon which percentages are the  same  as  authorized under such local laws and ordinances and generally applicable  to  subsequent  rental  agreements  in  dwelling accommodations in other  multiple dwellings as well as any other increases authorized by law.    (3) Notwithstanding any provision of this  section  to  the  contrary,  with  respect  to  the  real  property of a mutual redevelopment project  located in a city having a population of one million or  more,  the  tax  exemption provided in subdivision one of this section shall not apply in  any  year  where  the  total period of tax exemption granted pursuant to  section one hundred twenty-five of the private housing finance  law  and  subdivision one of this section would exceed sixty years.

State Codes and Statutes

Statutes > New-york > Rpt > Article-4 > Title-2 > 423

§  423. Phase out of exemption for redevelopment company projects upon  the cessation of the tax exemption granted  pursuant  to  contract.  (1)  After  the  expiration  of  any  tax  exemption  granted a redevelopment  project pursuant to section  one  hundred  twenty-five  of  the  private  housing  finance  law,  which exemption is not extended pursuant to such  law, that part of the value  of  the  property  which  was  exempt  from  certain  taxation  for  local  purposes  by  reason of such grant, shall  thereafter be exempt  from  taxation  for  local  purposes,  other  than  assessments for local improvement, commencing upon the expiration of the  tax  exemption  granted  pursuant to such section as follows: during the  first year after such expiration, the taxes which shall be payable shall  be the taxes which were payable during the last year  of  the  grant  of  exemption  plus one tenth of the difference between the taxes which were  payable during such prior year and the taxes which  would  otherwise  be  payable  during  such  first year absent this section; during the second  year after such expiration, the taxes which shall be  payable  shall  be  the taxes which were payable during the first year after such expiration  plus  one-ninth  of  the difference between the taxes which were payable  during such first year and the taxes which would  otherwise  be  payable  during such second year absent this section; during the third year after  such  expiration,  the  taxes  which shall be payable shall be the taxes  which were payable during the second year  after  such  expiration  plus  one-eighth of the difference between the taxes which were payable during  such  second  year and the taxes which would otherwise be payable during  such third year absent this section; during the fourth year  after  such  expiration,  the  taxes  which shall be payable shall be the taxes which  were  payable  during  the  third  year  after  such   expiration   plus  one-seventh  of  the  difference  between  the  taxes which were payable  during such third year and the taxes which would  otherwise  be  payable  during such fourth year absent this section; during the fifth year after  such  expiration,  the  taxes  which shall be payable shall be the taxes  which were payable during the fourth year  after  such  expiration  plus  one-sixth  of the difference between the taxes which were payable during  such fourth year and the taxes which would otherwise be  payable  during  such  fifth  year  absent this section; during the sixth year after such  expiration, the taxes which shall be payable shall be  the  taxes  which  were  payable during the fifth year after such expiration plus one-fifth  of the difference between the taxes which were payable during such fifth  year and the taxes which would otherwise be payable  during  such  sixth  year absent this section; during the seventh year after such expiration,  the  taxes  which shall be payable shall be the taxes which were payable  during the sixth year after  such  expiration  plus  one-fourth  of  the  difference  between  the taxes which were payable during such sixth year  and the taxes which would otherwise be payable during such seventh  year  absent  this  section; during the eighth year after such expiration, the  taxes which shall be payable shall  be  the  taxes  which  were  payable  during  the  seventh  year  after  such expiration plus one-third of the  difference between the taxes which were payable during such seventh year  and the taxes which would otherwise be payable during such  eighth  year  absent  this  section;  during the ninth year after such expiration, the  taxes which shall be payable shall  be  the  taxes  which  were  payable  during  the  eighth  year  after  such  expiration  plus one-half of the  difference between the taxes which were payable during such eighth  year  and  the  taxes  which would otherwise be payable during such ninth year  absent this section; during the tenth year after  such  expiration,  the  taxes which shall be payable shall be the taxes otherwise payable.    (2)  Any  provision  of law to the contrary notwithstanding, any local  laws  or  ordinances  in  respect  of  the  regulation  and  control  ofresidential  rents and evictions adopted pursuant to the local emergency  housing  rent  control  act  shall  be  applicable   to   all   dwelling  accommodations  in  a  property  described in subdivision one throughout  such   additional   exemption   period  whether  or  not  such  dwelling  accommodations become vacant during such period, in the same manner that  such  local  laws  or  ordinances  would  be  applicable   to   dwelling  accommodations  which  (i)  were  completed after February one, nineteen  hundred forty-seven  and  for  which  a  certificate  of  occupancy  was  obtained  prior  to March ten, nineteen hundred sixty-nine, and (ii) did  not become vacant after the thirtieth  day  of  June,  nineteen  hundred  seventy-one,  provided  that  the  last  rental set forth under a rental  agreement in force relating to a dwelling accommodation in such  project  immediately  prior  to  the  expiration  of  the  tax  exemption granted  pursuant to the private housing finance law,  shall  continue,  and  the  owner  of  the  property  in  which  such accommodations are situate may  increase such rentals.    (a) in each year by an amount not more than the  increases  in  taxes,  payable  on such project by such owner over those paid in the year prior  to the expiration of the tax exemption granted pursuant to  the  private  housing  finance  law, allocated to such dwelling accommodation on a per  room basis based on the room count set forth  in  the  contract  with  a  municipality  originally  granting  the  tax exemption under the private  housing finance law, and    (b) by an amount not more than  the  difference  between  the  average  rental  per room per month last authorized by the local legislative body  pursuant to the private housing finance law, and the average rental  per  room  per month actually collected during the last year such project was  exempt under such law, multiplied by the room count  for  such  dwelling  accommodation  as  set  forth in such contract with the municipality, as  well as percentage increases thereon which percentages are the  same  as  authorized under such local laws and ordinances and generally applicable  to  subsequent  rental  agreements  in  dwelling accommodations in other  multiple dwellings as well as any other increases authorized by law.    (3) Notwithstanding any provision of this  section  to  the  contrary,  with  respect  to  the  real  property of a mutual redevelopment project  located in a city having a population of one million or  more,  the  tax  exemption provided in subdivision one of this section shall not apply in  any  year  where  the  total period of tax exemption granted pursuant to  section one hundred twenty-five of the private housing finance  law  and  subdivision one of this section would exceed sixty years.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Rpt > Article-4 > Title-2 > 423

§  423. Phase out of exemption for redevelopment company projects upon  the cessation of the tax exemption granted  pursuant  to  contract.  (1)  After  the  expiration  of  any  tax  exemption  granted a redevelopment  project pursuant to section  one  hundred  twenty-five  of  the  private  housing  finance  law,  which exemption is not extended pursuant to such  law, that part of the value  of  the  property  which  was  exempt  from  certain  taxation  for  local  purposes  by  reason of such grant, shall  thereafter be exempt  from  taxation  for  local  purposes,  other  than  assessments for local improvement, commencing upon the expiration of the  tax  exemption  granted  pursuant to such section as follows: during the  first year after such expiration, the taxes which shall be payable shall  be the taxes which were payable during the last year  of  the  grant  of  exemption  plus one tenth of the difference between the taxes which were  payable during such prior year and the taxes which  would  otherwise  be  payable  during  such  first year absent this section; during the second  year after such expiration, the taxes which shall be  payable  shall  be  the taxes which were payable during the first year after such expiration  plus  one-ninth  of  the difference between the taxes which were payable  during such first year and the taxes which would  otherwise  be  payable  during such second year absent this section; during the third year after  such  expiration,  the  taxes  which shall be payable shall be the taxes  which were payable during the second year  after  such  expiration  plus  one-eighth of the difference between the taxes which were payable during  such  second  year and the taxes which would otherwise be payable during  such third year absent this section; during the fourth year  after  such  expiration,  the  taxes  which shall be payable shall be the taxes which  were  payable  during  the  third  year  after  such   expiration   plus  one-seventh  of  the  difference  between  the  taxes which were payable  during such third year and the taxes which would  otherwise  be  payable  during such fourth year absent this section; during the fifth year after  such  expiration,  the  taxes  which shall be payable shall be the taxes  which were payable during the fourth year  after  such  expiration  plus  one-sixth  of the difference between the taxes which were payable during  such fourth year and the taxes which would otherwise be  payable  during  such  fifth  year  absent this section; during the sixth year after such  expiration, the taxes which shall be payable shall be  the  taxes  which  were  payable during the fifth year after such expiration plus one-fifth  of the difference between the taxes which were payable during such fifth  year and the taxes which would otherwise be payable  during  such  sixth  year absent this section; during the seventh year after such expiration,  the  taxes  which shall be payable shall be the taxes which were payable  during the sixth year after  such  expiration  plus  one-fourth  of  the  difference  between  the taxes which were payable during such sixth year  and the taxes which would otherwise be payable during such seventh  year  absent  this  section; during the eighth year after such expiration, the  taxes which shall be payable shall  be  the  taxes  which  were  payable  during  the  seventh  year  after  such expiration plus one-third of the  difference between the taxes which were payable during such seventh year  and the taxes which would otherwise be payable during such  eighth  year  absent  this  section;  during the ninth year after such expiration, the  taxes which shall be payable shall  be  the  taxes  which  were  payable  during  the  eighth  year  after  such  expiration  plus one-half of the  difference between the taxes which were payable during such eighth  year  and  the  taxes  which would otherwise be payable during such ninth year  absent this section; during the tenth year after  such  expiration,  the  taxes which shall be payable shall be the taxes otherwise payable.    (2)  Any  provision  of law to the contrary notwithstanding, any local  laws  or  ordinances  in  respect  of  the  regulation  and  control  ofresidential  rents and evictions adopted pursuant to the local emergency  housing  rent  control  act  shall  be  applicable   to   all   dwelling  accommodations  in  a  property  described in subdivision one throughout  such   additional   exemption   period  whether  or  not  such  dwelling  accommodations become vacant during such period, in the same manner that  such  local  laws  or  ordinances  would  be  applicable   to   dwelling  accommodations  which  (i)  were  completed after February one, nineteen  hundred forty-seven  and  for  which  a  certificate  of  occupancy  was  obtained  prior  to March ten, nineteen hundred sixty-nine, and (ii) did  not become vacant after the thirtieth  day  of  June,  nineteen  hundred  seventy-one,  provided  that  the  last  rental set forth under a rental  agreement in force relating to a dwelling accommodation in such  project  immediately  prior  to  the  expiration  of  the  tax  exemption granted  pursuant to the private housing finance law,  shall  continue,  and  the  owner  of  the  property  in  which  such accommodations are situate may  increase such rentals.    (a) in each year by an amount not more than the  increases  in  taxes,  payable  on such project by such owner over those paid in the year prior  to the expiration of the tax exemption granted pursuant to  the  private  housing  finance  law, allocated to such dwelling accommodation on a per  room basis based on the room count set forth  in  the  contract  with  a  municipality  originally  granting  the  tax exemption under the private  housing finance law, and    (b) by an amount not more than  the  difference  between  the  average  rental  per room per month last authorized by the local legislative body  pursuant to the private housing finance law, and the average rental  per  room  per month actually collected during the last year such project was  exempt under such law, multiplied by the room count  for  such  dwelling  accommodation  as  set  forth in such contract with the municipality, as  well as percentage increases thereon which percentages are the  same  as  authorized under such local laws and ordinances and generally applicable  to  subsequent  rental  agreements  in  dwelling accommodations in other  multiple dwellings as well as any other increases authorized by law.    (3) Notwithstanding any provision of this  section  to  the  contrary,  with  respect  to  the  real  property of a mutual redevelopment project  located in a city having a population of one million or  more,  the  tax  exemption provided in subdivision one of this section shall not apply in  any  year  where  the  total period of tax exemption granted pursuant to  section one hundred twenty-five of the private housing finance  law  and  subdivision one of this section would exceed sixty years.