THE COUNCIL OF THE CITY OF NEW YORK
RES. NO. 246
Resolution approving an exemption from real property taxes for property located at (Block 524, Lots 1 and 10; Block 531, Lots 13, 18, and 22; Block 587, Lots 41 and 145) Brooklyn, pursuant to Section 577 of the Private Housing Finance Law (Preconsidered L.U. No. 46).
By Council Member Dromm
WHEREAS, the New York City Department of Housing Preservation and Development (“HPD”) submitted to the Council its request dated February 26, 2018 that the Council take the following action regarding a housing project located at (Block 524, Lots 1 and 10; Block 531, Lots 13, 18, and 22; Block 587, Lots 41 and 145) 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 September 27, 2002.
b. “Exemption Area” shall mean the real property located in the Borough of Brooklyn, City and State of New York, identified as Block 524, Lots 1 and 10, Block 531, Lots 13, 18, and 22, and Block 587, Lots 41 and 145 on the Tax Map of the City of New York.
c. “Expiration Date” shall mean the earlier to occur of (i) December 31, 2021, (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.
d. “HDFC” shall mean Red Hook Gardens Housing Development Fund Corporation or a housing development fund company that acquires the Exemption Area with the prior written consent of HPD.
e. “HPD” shall mean the Department of Housing Preservation and Development of the City of New York.
f. “J-51 Benefits” shall mean any tax benefits pursuant to Section 489 of the Real Property Tax Law which are in effect on or after the Effective Date.
g. “New Exemption” shall mean the exemption from real property taxation provided hereunder.
h. “Owner” shall mean, collectively, the HDFC and the Partnership.
i. “Partnership” shall mean Red Hook Gardens Limited Partnership.
j. “Prior Exemption” shall mean the exemption from real property taxation for the Exemption Area approved by the Board of Estimate of the City of New York on April 22, 1971 (Cal. No. 11).
k. “Regulatory Agreement” shall mean the regulatory agreement between HPD and the Owner establishing certain controls upon the operation of the Exemption Area on or after the date such Regulatory Agreement is executed.
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, 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.
4. 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 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 April 1, 2011.
5. 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. Notwithstanding the foregoing, the J-51 Benefits shall remain in effect, but the New Exemption shall be reduced by the amount of such J-51 Benefits.
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 March 22, 2018, on file in this office.
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City Clerk, Clerk of Council