THE COUNCIL OF THE CITY OF NEW YORK
RESOLUTION NO. 1153
Resolution approving a tax exemption pursuant to Section 577 of the Private Housing Finance Law for an Exemption Area located at Block 2869, Lots 1, 23 and 165, Borough of Staten Island (Preconsidered L.U. No. 541; 20125187 HAR).
By Council Members Comrie and Levin
WHEREAS, the New York City Department of Housing Preservation and Development ("HPD") submitted to the Council on November 4, 2011 its request dated November 1, 2011 that the Council take the following actions regarding the following Project (the "Exemption Area") located at Block 2869, Lots 1, 23 and 165, Community District 1, Borough of Staten Island (the "Exemption Area"):
Approve an exemption of the Exemption Area from real property taxes pursuant to Section 577 of Article XI of the Private Housing Finance Law (the "Tax Exemption");
WHEREAS, upon due notice, the Council held a public hearing on the Project on November 16, 2011;
WHEREAS, the Council has considered the land use and financial implications and other policy issues relating to the Project;
RESOLVED:
The Council approves the Tax Exemption 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, and (ii) the date that the HFA and the owner enter into the Regulatory Agreement.
(b) "Exemption" shall mean the exemption from real property taxes provided hereunder.
(c) "Exemption Area" shall mean the real property located in the Borough of Staten Island, City and State of New York, identified as Block 2869, Lots 1, 23 and 165 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) "HFA" shall mean the New York State Housing Finance Agency.
(f) "HDFC" shall mean Fairway Richmond Housing Development Fund Company, Inc.
(g) "HPD" shall mean the Department of Housing Preservation and Development of the City of New York.
(h) "Owner" shall mean collectively, the HDFC and the Partnership.
(i) "Partnership" shall mean Fairway Richmond Partners, L.P.
(j) "Regulatory Agreement" shall mean the regulatory agreement between HFA and the Owner providing that, for a term of 40 years, all dwelling units in the Exemption Area must, upon vacancy, be rented to families whose incomes do not exceed 60% of area median income.
(k) "Shelter Rent Tax" shall mean (i) $197,930, plus (ii) an additional amount equal to twenty-five percent (25%) of the amount by which the total contract rents applicable to the Exemption Area for that year (as adjusted and established pursuant to Section 8 of the United States Housing Act of 1937, as amended), exceed the total contract rents which are authorized as of the Effective Date.
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 or commercial 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 Shelter 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 an 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 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, or (iv) the 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 Exemption shall prospectively terminate.
(b) The Exemption shall not apply to any building constructed on the Exemption Area which did not have a permanent certificate of occupancy on the Effective Date.
(c) Nothing herein shall entitle the HDFC to a refund of any real property taxes which accrued and were paid by or on behalf of the HDFC or any other owner of the Exemption Area prior to 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, if any, of 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.
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 November 29, 2011, on file in this office.
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City Clerk, Clerk of The Council