File #: Res 0346-2018    Version: * Name: LU 78 - Grower-Green, Brooklyn
Type: Resolution Status: Adopted
Committee: Committee on Finance
On agenda: 5/9/2018
Enactment date: Law number:
Title: Resolution approving an exemption from real property taxes for property located at (Block 2412, Lots 25, 27, 30, 33, Block 2413, Lot 31, Block 2421, Lot 35, Block 2424, Lots 6, 9, 12, 14, 16, 35 Block 2437, Lot 3) Brooklyn, pursuant to Section 577 of the Private Housing Finance Law (Preconsidered L.U. No. 78).
Sponsors: Daniel Dromm
Council Member Sponsors: 1
Attachments: 1. Resolution, 2. Housing Preservation and Development Letter, 3. Memorandum, 4. May 9, 2018 - Stated Meeting Agenda with Links to Files, 5. Hearing Transcript - Stated Meeting 5-9-18, 6. Minutes of the Stated Meeting - May 9, 2018

THE COUNCIL OF THE CITY OF NEW YORK

RES. NO. 346

 

Resolution approving an exemption from real property taxes for property located at (Block 2412, Lots 25, 27, 30, 33, Block 2413, Lot 31, Block 2421, Lot 35, Block 2424, Lots 6, 9, 12, 14, 16, 35 Block 2437, Lot 3) Brooklyn, pursuant to Section 577 of the Private Housing Finance Law (Preconsidered L.U. No. 78).

 

By Council Member Dromm

 

WHEREAS, the New York City Department of Housing Preservation and Development (“HPD”) submitted to the Council its request dated April 23, 2018 that the Council take the following action regarding a housing project located at (Block 2412, Lots 25, 27, 30, 33, Block 2413, Lot 31, Block 2421, Lot 35, Block 2424, Lots 6, 9, 12, 14, 16, 35 Block 2437, Lot 3) Brooklyn (“Exemption Area”):

 

Approve an exemption of the Project from real property taxes pursuant to Section 577 of the Private Housing Finance Law (the “Tax Exemption”);

 

WHEREAS, the project description that HPD provided to the Council states that the purchaser of the Project (the “Sponsor”) is a duly organized housing development fund company under Article XI of the Private Housing Finance Law;

 

WHEREAS, the Council has considered the financial implications relating to the Tax Exemption;

 

RESOLVED:

 

The Council hereby grants an exemption from real property taxes as follows:

 

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

a.                     "Effective Date" shall mean the later of (i) the date of conveyance of the Exemption Area to the HDFC, or (ii) the date that HPD and the Owner enter into the Regulatory Agreement.

b.                     “Exemption Area" shall mean the real property located in the Borough of Brooklyn, City and State of New York, identified as Block 2412, Lots 25, 27, 30, 33, Block 2413, Lot 31, Block 2421, Lot 35, Block 2424, Lots 6, 9, 12, 14, 16 , 35, and Block 2437, Lot 3, on the Tax Map of the City of New York.

c.                     “Exemption" shall mean the exemption from real property taxation provided hereunder with respect to the Exemption Area.

d.                     “Expiration Date” shall mean the earlier to occur of (i) a date which is thirty-five (35) 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.                     “HDFC” shall mean Grower-Green Housing Development Fund Corporation or a housing development fund company that acquires the Exemption Area with the prior written consent of HPD.

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

g.                     "Owner" shall mean, collectively, the HDFC and the Partnership.

h.                     "Partnership" shall mean 236-1 Development Associates (Green) L.P. or   partnerships that acquire the beneficial interest in the Exemption Area with the approval of HPD.   

i.                     “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 Exemption.

j.                     “Gross Rent” shall mean the gross potential rents from all residential and commercial 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).

k.                     “Gross Rent Tax” shall mean an amount equal to five percent (5%) of Gross Rent in the tax year in which such real property tax payment is made.

2.                     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, commercial, or community facility use), 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.

3.                     Commencing upon the Effective Date, and during each year thereafter until the Expiration Date, the Owner shall make real property tax payments 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 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 any existing or future local, state, or federal law, rule or regulation.

4.                     Notwithstanding any provision hereof to the contrary:

a.                     The 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 the New 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 Exemption shall apply to all land in the Exemption Area, but shall only apply to buildings on the Exemption Area that exist 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.

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

 

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 May 9, 2018, on file in this office.

 

_______________________

City Clerk, Clerk of Council