Section 577. Tax exemptions  


Latest version.
  • 1.  (a)  The  local legislative body of any
      municipality in which a project of a housing development fund company is
      or is to be located may exempt the real property in  such  project  from
      local and municipal taxes including school taxes, other than assessments
      for local improvements, to the extent of all or part of the value of the
      property  included  in  the  completed  project. The tax exemption shall
      operate and continue for such period as may be provided  by  such  local
      legislative body, but in no event for a period of more than forty years,
      commencing  in each instance from the date on which the benefits of such
      exemption first became available and effective.
        (b) Where a municipality acts on behalf of another taxing jurisdiction
      in assessing real property for the purpose of taxation,  or  in  levying
      taxes  therefor,  the  action  of  the  local  legislative  body of such
      municipality in granting such tax exemption shall  have  the  effect  of
      exempting  the  real  property  in such project from local and municipal
      taxes  including  school  taxes,  other  than  assessments   for   local
      improvements, levied by or in behalf of both such taxing jurisdictions.
        (c)  The  local  legislative  body  of  any  municipality may grant an
      exemption under paragraph (a) of this subdivision to the  real  property
      of  a  project  of  any  entity to which it is authorized to make a loan
      pursuant to section five hundred seventy-six-c of this article.
        (d) In a city having a population of one million or more,  within  one
      hundred  twenty  days following receipt of a written submission from the
      supervising agency requesting a tax exemption pursuant to paragraph  (a)
      of  this  subdivision  for the real property containing the project of a
      housing development fund  company,  the  local  legislative  body  shall
      approve  or disapprove by resolution the requested tax exemption. If the
      local legislative body fails to take  such  action  within  one  hundred
      twenty  days  following  receipt  of  such  written submission from such
      supervising agency, then the tax exemption requested by the  supervising
      agency  shall  be  deemed  approved  pursuant  to  paragraph (a) of this
      subdivision.
        2. Any inconsistent provision of law to the contrary  notwithstanding,
      mortgages of a housing development fund company shall be exempt from the
      mortgage recording taxes imposed by article eleven of the tax law.
        3.  (a)  Notwithstanding the provisions of subdivision one hereof, the
      real property of a state urban development corporation project acquired,
      owned, constructed,  managed  or  operated  by  a  company  incorporated
      pursuant to the not-for-profit corporation law and this article shall be
      entitled to all the benefits provided by section four hundred twenty-two
      of  the  real  property  tax  law.  The  real  property of a state urban
      development corporation project, other than a  state  urban  development
      corporation project acquired, owned, constructed, managed or operated by
      a  company  incorporated  pursuant to the not-for-profit corporation law
      and this article, shall be exempt from all local  and  municipal  taxes,
      other  than  assessments  for  local  improvements, to the extent of the
      value of the property included in such project as represents an increase
      over the  assessed  valuation  of  the  real  property,  both  land  and
      improvements, acquired for the project on the date of its acquisition by
      the  housing  development  fund company. The tax exemption shall operate
      and continue so long as the mortgage loans of such  housing  development
      fund  company are outstanding, but in no event for a period of more than
      forty years, commencing in each instance from the date when such housing
      development fund company first acquired such property. If a state  urban
      development corporation project qualifying for tax exemption pursuant to
      this  subdivision  is  sold,  with  the approval of the commissioner, to
      another housing development fund company, such successor  company  shall
      be entitled to all the benefits of this subdivision.
    
        (b)  In the event a state urban development corporation project is not
      subject to a state-aided, federally-aided or municipally-aided mortgage,
      as defined herein, it shall receive  the  tax  exemption  granted  under
      paragraph  (a)  of  this  subdivision  only  if  it  has  entered into a
      regulatory  agreement  with  the  commissioner  pursuant to section five
      hundred seventy-six of  this  article,  and  such  tax  exemption  shall
      continue only so long as such agreement is in force and effect.