Section 52. Tax exemptions of an authority  


Latest version.
  • 1. An authority shall be exempt
      from the payment  of  (a)  any  taxes  or  fees  to  the  state  or  any
      subdivision  thereof  and (b) any fees to any officer or employee of the
      state or of any subdivision thereof, except where it is provided  by  or
      pursuant  to law that such officer or employee is personally entitled to
      such fees as compensation for services rendered or performed by  him  in
      his official capacity.
        2.  Bonds,  mortgages, notes and other obligations of an authority are
      declared  to  be  issued  for  a  public  purpose  and  to   be   public
      instrumentalities  and  together  with interest thereon, shall be exempt
      from tax.
        2-a. The state of New York hereby consents to the inclusion, under the
      United States internal revenue code of nineteen  hundred  fifty-four  or
      any subsequent internal revenue law of the United States of the interest
      payable  on bonds, mortgages, notes or other obligations of an authority
      which are hereafter issued and  secured  (1)  by  a  mortgage  which  is
      insured  under  section  two  hundred twenty-one (d) (3) of the national
      housing act (or any successor section under said act or  any  subsequent
      housing  act)  by  an  authority  as  mortgagor  in  connection with the
      financing of a project assisted under section eight of the United States
      housing act of nineteen hundred thirty-seven, or  (2)  by  a  pledge  of
      housing  assistance  payments  made  or  to  be made under a contract or
      contracts between an authority and the United States or  any  agency  or
      instrumentality  thereof, in the gross income of the person who receives
      or is entitled to receive such interest to the same extent  and  in  the
      same   manner  that  the  interest  on  bills,  notes,  bonds  or  other
      obligations of the United States issued subsequent to the effective date
      of section four of the public debt act of nineteen hundred forty-one  is
      includible  in  the  gross income of the holder or holders thereof under
      said internal revenue code or any subsequent internal revenue law of the
      United States  and,  notwithstanding  any  provisions  to  the  contrary
      contained  in  this  chapter or in any general, special or local law, an
      authority is authorized and empowered to issue  such  bonds,  mortgages,
      notes  or  other obligations and shall include therein such reference to
      or summary of this subdivision as it  shall  deem  proper.  The  consent
      hereby  given by the state of New York shall not be construed to consent
      to the application of any other provision of any other law,  federal  or
      state,  to an authority or to the elimination or modification in any way
      of any other exemption, privilege, or immunity thereof.
        3. Except as to state projects, the property of an authority shall  be
      exempt  from  all  local  and  municipal  taxes.  A federal or municipal
      project consisting of land and one or more multiple dwellings leased  by
      an  authority for a term of not less than ten years shall be exempt from
      such taxes during the period of such lease. A municipality may (a) fix a
      sum which shall be paid to it annually by the authority  in  respect  of
      each project; or (b) agree that the authority shall not pay or be liable
      to  pay  any  sum whatsoever in respect of a project or projects for any
      year or years; or (c) agree with an authority or government upon the sum
      to be paid by the authority for any  year  or  years  in  respect  of  a
      project  or  projects, or accept or agree to accept a fixed sum or other
      consideration in lieu of such payment; provided, however, that  the  sum
      fixed,  or  agreed to be paid by the authority, for any year shall in no
      case exceed the sum last levied as  an  annual  tax  upon  the  property
      included  in  such  project  prior to the time of its acquisition by the
      authority; and provided, further, that the sum fixed, or  agreed  to  be
      paid  by  the  authority, for any year with respect to a federal project
      shall in no case exceed the sum last levied as an annual  tax  upon  the
      property  included  in such project prior to the time of its acquisition
    
      by the authority or such greater amount as the  federal  government  may
      permit.
        3-a.  With  respect  to  a  federal  project  located  within a school
      district, an authority may make  payments  to  such  district,  and  the
      authority  and  the  district  may enter into agreements with respect to
      such payments.  Such payments shall not exceed the amounts permitted for
      such purposes by the federal  government.  The  power  granted  by  this
      subdivision  shall  be  in  addition  to any other power granted in this
      section or any other provision of law.
        4. (a) So much of the value  of  the  property  included  in  a  state
      project  as  represents  an  increase over the assessed valuation of the
      real property, both land and improvements, on the date of  the  contract
      for  a  state  loan,  or, in the absence of a contract for a state loan,
      then on the date of the contract for a state subsidy,  shall  be  exempt
      from  any and all state, county, city, village, town, school and special
      district taxes, except that the assessed valuation may be  increased  or
      decreased  to  reflect  a change in the level of assessment as certified
      pursuant to title two of article twelve of the real property tax law. In
      no event may any assessing  unit  assess  the  property  included  in  a
      project at an amount in excess of the actual cost of the project.
        (b) In any assessing unit in which there has been a change in level of
      assessment  as  provided  in  title  two  of  article twelve of the real
      property tax law, the  state  board  of  real  property  services  shall
      certify  the change in level of assessment factor in the manner provided
      in title two of article twelve of the real property tax  law.  The  term
      "assessing unit" as used in this subdivision means a city, town, village
      or  county  having  a  county department of assessment with the power to
      assess real property.
        5. The tax exemptions specified in subdivisions three and four of this
      section shall not operate  for  a  period  of  more  than  fifty  years,
      commencing  in each instance from the date on which the benefits of such
      exemption first become available and effective, except that in the  case
      of  a  federal project the tax exemption may operate for a period not to
      exceed sixty years, and except that in the case of a  project,  or  part
      thereof,  leased  from  a housing company or in the case of a federal or
      municipal project consisting of land and one or more multiple  dwellings
      leased by an authority for not less than ten years the tax exemption may
      operate for a period not exceeding the term of such lease.
        6.   Upon   the  completion  of  the  sixty-year  period  provided  in
      subdivision five of this section applicable to  federal  projects,  each
      authority   that  was  eligible  for  the  tax  exemption  specified  in
      subdivisions three and four of this section shall  be  exempt  from  all
      local  and  municipal  taxes  imposed by state and local governments for
      sixty years after the expiration of the initial exemption  period.  Upon
      the  completion of the fifty-year period provided in subdivision five of
      this section applicable to state and municipal projects, each  authority
      that  received  the tax exemption specified in subdivision three or four
      of this section may, on the expiration of the tax exemption  period,  be
      granted  an  additional  tax  exemption  period  of up to fifty years. A
      municipality may (a) fix a sum which shall be paid to it annually by the
      authority in respect of each project; or (b) agree  that  the  authority
      shall  not  pay  or  be liable to pay any sum whatsoever in respect of a
      project or projects for  any  year  or  years;  or  (c)  agree  with  an
      authority or government upon the sum to be paid by the authority for any
      year or years in respect of a project or projects, or accept or agree to
      accept  a  fixed  sum  or  other  consideration in lieu of such payment;
      provided, however, that the sum fixed, or  agreed  to  be  paid  by  the
      authority,  for  any year shall in no case exceed the sum last levied as
    
      an annual tax upon the property included in such project  prior  to  the
      time  of  its  acquisition by the authority or, in the case of a federal
      project, such greater amount as the federal government may permit.
        With respect to a federal project located within a school district, an
      authority  may make payments to such district, and the authority and the
      district may enter into agreements with respect to such  payments.  Such
      payments shall not exceed the amounts permitted for such purposes by the
      federal  government.  The  power granted by this subdivision shall be in
      addition to any other  power  granted  in  this  section  or  any  other
      provision of law.