THE COUNCIL OF THE CITY OF NEW YORK

RESOLUTION NO. 391

Resolution approving a new tax exemption pursuant to Article XI of the Private Housing Finance Law and termination of the prior tax exemption for property located at Block 1452, Lots 66, 70, 71, 72, 73, 74, 75, 76, 77 and 78, Community District 16, Borough of Brooklyn, (L.U. No. 102; Non-ULURP No. 20185357 HAK).

By Council Members Salamanca and Kallos

                       WHEREAS, the New York City Department of Housing Preservation and Development ("HPD") submitted to the Council on May 15, 2018 its request dated May 14, 2018 that the Council approve a new real property tax exemption pursuant to Section 577 of the Private Housing Finance Law (the "Tax Exemption Request") and termination of the prior exemption for property located at Block 1452, Lots 66, 70, 71, 72, 73, 74, 75, 76, 77 and 78, Community District No. 16, Borough of Brooklyn, Council District No. 41 (the "Exemption Area");

WHEREAS, upon due notice, the Council held a public hearing on the Tax Exemption Request on May 30, 2018;

                        WHEREAS, the Council has considered the land use and financial implications and other policy issues relating to the Tax Exemption Request;

RESOLVED:

Pursuant to Section 577 of the Private Housing Finance Law, the Council approves an exemption of the Exemption Area from real property taxes as follows:

1.                     For the purposes hereof, the following terms shall have the following meanings:

a.                     “Community Facility Space” shall mean those portions of the Exemption Area which the Regulatory Agreement requires to be devoted solely to community facility uses.

b.                     “Effective Date” shall mean the date that HPD and the Owner enter into the Regulatory Agreement.

c.                     “Exemption Area” shall mean the real property located in the Borough of Brooklyn, City and State of New York, identified as Block 1452, Lots 66, 70, 71, 72, 73, 74, 75, 76, 77, and 78 on the Tax Map of the City of New York.

d.                     “Expiration Date” shall mean the earlier to occur of (i) a date which is forty (40) years from the Effective Date, (ii) the date of the expiration or termination of the Regulatory Agreement, or (iii) the date upon which the Exemption Area ceases to be owned by either a housing development fund company or an entity wholly controlled by a housing development fund company.

e.                     “Gross Rent” shall mean the gross potential rents from all commercial and residential units (both occupied and vacant) of the Exemption Area, including any federal subsidy (including, but not limited to, Section 8, rent supplements, and rental assistance).

f.                     “Gross Rent Tax” shall mean an amount equal to seven percent (7%) of the Gross Rent in the tax year in which such real property tax payment is made.

g.                     “HDFC” shall mean Berean Housing Development Fund Corporation or a housing development fund company that acquires the Exemption Area with the prior written consent of HPD.

h.                     “HPD” shall mean the Department of Housing Preservation and Development of the City of New York.

i.                     “New Exemption” shall mean the exemption from real property taxation provided hereunder with respect to the Exemption Area.

j.                     “Owner” shall mean the HDFC.

k.                     “Prior Exemption” shall mean the exemption from real property taxation for the Exemption Area approved by the New York City Council on August 3, 1993 (Resolution No. 1554).

l.                     “Regulatory Agreement” shall mean the regulatory agreement between HPD and the Owner establishing certain controls upon the operation of the Exemption Area during the term of the New Exemption.

2.                     The Prior Exemption shall terminate upon the Effective Date.

3.                     All of the value of the property in the Exemption Area, including both the land and any improvements (excluding those portions, if any, devoted to business or commercial use other than the Community Facility Space), shall be exempt from real property taxation, other than assessments for local improvements, for a period commencing upon the Effective Date and terminating upon the Expiration Date.

4.                     Commencing upon the fourth anniversary of the Effective Date and during each year thereafter until the Expiration Date, the Owner shall make a real property tax payment in the sum of the Gross Rent Tax. Notwithstanding the foregoing, the total annual real property tax payment by the Owner shall not at any time exceed the lesser of either (a) the amount of real property taxes that would otherwise be due in the absence of any form of exemption from or abatement of real property taxation provided by an existing or future local, state, or federal law, rule or regulation, or (b) seventeen percent (17%) of the contract rents in the applicable year.

5.                     Notwithstanding any provision hereof to the contrary:

a.                     The New Exemption shall terminate if HPD determines at any time that (i) the Exemption Area is not being operated in accordance with the requirements of Article XI of the Private Housing Finance Law, (ii) the Exemption Area is not being operated in accordance with the requirements of the Regulatory Agreement, (iii) the Exemption Area is not being operated in accordance with the requirements of any other agreement with, or for the benefit of, the City of New York, (iv) any interest in the Exemption Area is conveyed or transferred to a new owner without the prior written approval of HPD, or (v) the construction or demolition of any private or multiple dwelling on the Exemption Area has commenced without the prior written consent of HPD.  HPD shall deliver written notice of any such determination to Owner and all mortgagees of record, which notice shall provide for an opportunity to cure of not less than sixty (60) days.  If the noncompliance specified in such notice is not cured within the time period specified therein, the New Exemption shall prospectively terminate.

b.                     The New Exemption shall apply to all land in the Exemption Area, but shall only apply to a building on the Exemption Area that exists on the Effective Date.

c.                     Nothing herein shall entitle the HDFC, the Owner, or any past owner to a refund of any real property taxes which accrued and were paid with respect to the Exemption Area prior to the Effective Date.

d.                     All previous resolutions, if any, providing an exemption from or abatement of real property taxation with respect to the Exemption Area are hereby revoked as of the Effective Date.

6.                     In consideration of the New Exemption, the owner of the Exemption Area, for so long as the New Exemption shall remain in effect, shall waive the benefits of any additional or concurrent exemption from or abatement of real property taxation which may be authorized under any existing or future local, state or federal law, rule or regulation.

Adopted.

                        Office of the City Clerk, }

                        The City of New York,  } ss.:

                                              I hereby certify that the foregoing is a true copy of a Resolution passed by The Council of The City of New York on June 7, 2018, on file in this office.

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                                                                                                                                                                                                       City Clerk, Clerk of The Council