[HISTORY: Derived from the Charter and Ordinances, 1974,
of the City of Buffalo as indicated in article histories. Amendments
noted where applicable.]
[Derived from Art. VII-A of Ch. III of the Charter and Ordinances,
1974]
Loans of public funds may be made to owners of existing multiple
dwellings within the City of Buffalo in accordance with the provisions
of Article VIII of the Private Housing Finance Law of the State of
New York, the provisions of this article and the provisions of rules
and regulations established pursuant to this article.
The Division of Rehabilitation and Conservation of the Department
of Inspections and Licenses of the City of Buffalo is hereby designated
to be the agency of the City of Buffalo defined in § 401
of Article VIII of the Private Housing Finance Law and, as such agency,
shall have the power and authority to carry out the functions vested
in it under the provisions of said Article VIII of the Private Housing
Finance Law or delegated to it by the Common Council in order to carry
out the purposes and provisions of said Article VIII of the Private
Housing Finance Law.
A.
A separate fund is hereby created pursuant to the provisions of § 402
of Article VIII of the Private Housing Finance Law, to be known as
the "Housing Rehabilitation Fund," which shall be used to pay the
expenses of the City in administering and carrying out the provisions
of said Article VIII of the Private Housing Finance Law, including
the financing of loans.
B.
The following funds and moneys shall be credited to and kept in said
fund:
(1)
All funds and moneys appropriated or otherwise made available by
the City for the purpose of carrying out the provisions of said Article
VIII of the Private Housing Finance Law.
(2)
All funds and moneys received or collected in connection with loans
to owners of multiple dwellings, including but not limited to funds
and moneys received or collected as payments of principal, interest,
fees, charges, costs and penalties.
(3)
All other funds and moneys received or collected by the City in carrying
out the provisions and purposes of Article VIII of the Private Housing
Finance Law.
No loan or advance, either permanent or temporary, or contract
to loan shall be made unless adequate unencumbered funds are available
in the Housing Rehabilitation Fund for the intended purpose and the
Comptroller has so certified.
[Amended 12-9-2003, effective 12-19-2003]
Rules and regulations implementing the provisions of this article
and Article VIII of the private Housing Finance Law which are not
inconsistent therewith may, subject to the approval of the Commissioner
of Permit and Inspection Services and the Comptroller, be prescribed
from time to time by the Director of Rehabilitation and Conservation,
as head of the Division of Rehabilitation and Conservation, which
said rules and regulations so prescribed shall take effect upon their
approval by the Common Council.
[Derived from Art. V of Ch. XII of the Charter and Ordinances,
1974]
[1]
Editor's Note: Former § 281-6, Maintenance
of premises, was repealed 12-9-2003, effective 12-19-2003.
A.
Whenever there are at least 10 but less than 15 families occupying
any multiple housing and the owner does not reside within the City,
he shall designate some other person responsible on his or her behalf
who shall reside within the City. All tenants shall be informed of
this responsible person, his name, address and telephone number.
B.
Whenever there are 15 families occupying any multiple housing and
the owner does not reside therein or within a distance of 1,000 feet
from said dwelling, there shall be some other person responsible on
behalf of the owner who shall either reside in said dwelling or within
a dwelling located within a distance of 1,000 feet from said dwelling
and have charge of said dwelling, and all tenants shall be informed
of this responsible person, his name, address and telephone number.
Where multiple housing is connected or adjoining, one resident janitor,
housekeeper or superintendent shall be sufficient, provided that he
shall furnish personnel to lawfully care and maintain such a project.
On all existing multiple housing, there shall be filed a set
or sets of plans, sketches or diagrams acceptable to the Department.
Each set or sets shall contain a complete floor plan of each story,
showing complete dimensions of all rooms, windows, doors, height of
ceilings, hallways, etc., including all means of egress. Such plans,
sketches or diagrams shall be accompanied by an affidavit stating
the building complies with said plans as of the date clearly affixed
thereon. Affidavit shall be executed by the individual or individuals
who prepared such plans, sketches or diagrams. The Department shall
have the right to refuse to accept any plans, sketches or diagrams
that do not clearly describe in an understandable manner the above
or furnish the necessary dimensions clearly defined or is not prepared
in an acceptable workmanlike manner. Any plans furnished by a registered
architect or licensed professional engineer which are clearly stamped
with his seal and bearing his signature need not comply with the affidavit
part of this section.
[1]
Editor's Note: Former § 281-9, Certificate
of approval required for construction or alteration, was repealed
12-9-2003, effective 12-19-2003.
A.
Definitions.
(1)
ALTERATION AND IMPROVEMENTS
CITY OF BUFFALO BOARD OF REVIEW
COMPLETE AN ALTERATION OR IMPROVEMENT
EXISTING DWELLING
ORDINARY REPAIRS
START AN ALTERATION OR IMPROVEMENT
Unless otherwise expressly stated, the following terms shall, for
the purpose of this section, have the following meanings:
A physical change in an existing structure other than painting,
ordinary repairs, normal replacement or maintenance items, except
that repairs and modernization designed to accommodate the provisions
of the New York State Energy Conservation Construction Code shall
be eligible for tax exemption and abatements under this section.
The Mayor, Council President and Comptroller of the City
of Buffalo.
Conclude or terminate any physical operation such as is referred
to in the definition of "start an alteration or improvement" to an
extent or degree which renders such building capable of use for the
purpose for which the alterations or improvements were intended.
A Class A multiple dwelling not used, in whole or in part,
for single-room occupancy or a building consisting of one or two dwelling
units over space used for commercial occupancy.
Repairs or ordinary maintenance items or normal replacement
items made to an existing dwelling.
Begin any physical operation undertaken for the purpose of
making alterations or improvements.
(2)
The following terms shall have the meanings defined in the Multiple
Dwelling Law: "private dwelling," "multiple dwelling," "Class A multiple
dwelling," "Class B multiple dwelling" and "single-room occupancy."
B.
Any increase in the assessed valuation of real property shall be
exempt from taxation for local purposes to the extent hereinafter
set forth, provided that such increase in assessed valuation results
from:
(1)
Conversion of Class B multiple dwellings or other buildings or structures
to Class A multiple dwellings not used in whole or in part for single-room
occupancy;
(2)
Alterations or improvements to eliminate unhealthy or dangerous conditions
or to replace inadequate and obsolete sanitary facilities, any of
which represent fire or health hazards, in any existing Class A multiple
dwelling or buildings consisting of one or two dwelling units over
space used for commercial occupancy, except insofar as the gross cubic
content of the building is increased thereby; or
C.
Such exemption shall take effect on the first taxable status date after the completion of the work which results in the exemption and shall continue for eight years and shall be at the following rates: an exemption of 100% in the first and second years; an exemption of 75% in the third and fourth years; an exemption of 50% in the fifth and sixth years; and an exemption of 25% in the seventh and eighth years. The conversion, alterations or improvements for which such exemption is granted shall have been started after June 1, 1976, and shall be completed within two years after the date on which the same shall have been started, if started prior to January 1, 1978, and shall be completed within 36 months after the date on which same shall be started, if started on or after January 1, 1978, and shall in any event be completed prior to December 31, 1984. Alterations and improvements described in Subsection B(3) of this section shall only receive the benefits of this section where such alterations or improvements are commenced on or after January 1, 1978.
D.
The real property taxes levied by the City of Buffalo on any property, including the land, eligible to receive the benefits of Subsection B(3) of this section shall be abated and reduced by an amount no greater than 8 1/3% of the reasonable cost of such energy-related alterations or improvements each year for a period of 10 years, commencing with the first tax bill after the completion thereof. In no event shall any abatement granted herein exceed in the aggregate 83 1/3% of the reasonable cost of such alterations or improvements nor shall such abatement in any consecutive twelve-month period exceed the amount of taxes payable in such twelve-month period.
E.
The benefits of this section shall not apply to any private dwelling,
notwithstanding any other provision of this section, unless such private
dwelling is:
(1)
In an area approved for clearance, replanning, reconstruction or neighborhood rehabilitation pursuant to Chapter 887 of the Laws of 1945, as from time to time amended; or in an area designated for studies, tests, demonstrations and other activities for the prevention and elimination of slums and urban blight pursuant to Chapter 608 of the Laws of 1956, as from time to time amended; or in an area for which a preliminary or final plan has been approved pursuant to Chapter 688 of the Laws of 1957 or Chapter 924 of the Laws of 1958, as from time to time amended, or Chapter 971 of the Laws of 1960; or in an area for which a urban renewal plan or tests, studies or demonstrations have been approved pursuant to Article 15 of the General Municipal Law; and
(2)
Certified by the project board for the area as a dwelling which is
to be or has been improved in conformity with such replanning, reconstruction,
neighborhood improvement, studies, tests, demonstrations or plans.
F.
The benefits of this section shall apply to any multiple dwelling, building or structure as provided in Subsections B and C of this section which, after conversion, alteration or improvement, is operated for the benefit of persons or families who are entitled to occupancy by reason of ownership of stock or membership in the corporate owner or for the benefit of such persons or families and other persons or families entitled to occupancy under applicable provisions of law without ownership of stock or membership in the corporate owner or is owned as a condominium and is occupied as the residence or home of three or more families living independently of each other.
G.
The benefits of this section shall be restricted to buildings and
structures which the Department of Community Development or any agency
successor thereto shall certify to be structurally sound and in compliance
with all applicable provisions of law.
H.
The Department of Community Development or any agency successor thereto
shall determine and certify the reasonable cost of any such conversion,
alterations or improvements and eligibility for the benefits of this
section, and for that purpose it may adopt rules and regulations;
administer oaths to and take the testimony of any person, including
but not limited to the owner of such property; may issue subpoenas
requiring the attendance of such persons and the production of such
hooks, papers or documents as it shall deem necessary; may make preliminary
estimates of the maximum reasonable cost of such conversion, alterations
or improvements; shall establish maximum allowable costs of specified
units, fixtures or work in such conversion, alterations or improvements;
and may require the submission of plans and specifications before
the start thereof. Such determination and certification shall be submitted
to the City of Buffalo Board of Review for conditional approval before
the commencement of construction.
I.
The Department of Community Development or any agency successor thereto
shall notify the Department of Assessment, the Division of Audit and
the Department of Administration and Finance of any property which
has been certified as eligible for the benefits of this section, the
date on which such conversion, alterations or improvements were started,
the date on which such conversion, alterations or improvements were
completed and the approved reasonable cost of such conversion, alterations
or improvements.
J.
The Department of Assessment may adopt and promulgate such rules
and regulations as it shall deem necessary for the effectuation of
the purposes of this section.
K.
The Department of Community Development or any agency successor thereto
shall accept no application for the benefits of this section if there
are outstanding real property taxes or water or sewer charges due
and owing on such property or if the applicant has not documented
the expenditure of approved reasonable costs or if all claimed work
has not been performed and completed in a satisfactory manner.
L.
The benefits of this section shall be revoked by the Department of
Assessment or the Department of Community Development or any agency
successor thereto at any time during the authorized term of such benefits
if City real property taxes or water or sewer charges remain unpaid
for one year after the same shall become due and payable. The benefits
of this section shall also be revoked by the Department of Assessments
or Department of Community Development or any agency successor thereto
if a hazardous condition substantially violating the applicable ordinances
of the City of Buffalo exists upon such property.
M.
During the period for which an exemption is granted any property
pursuant to this section, the assessed valuation of such property
may be increased because of an increase in the value of the land or
because of improvements to the building or structure other than those
made under the provisions of this section.
N.
Any person who shall knowingly and willfully make any false statement
as to any material matter in any application for the benefits of this
section shall be guilty of an offense punishable by a fine of not
more than $1,500 or imprisonment for a period of not more than 15
days, or both.
O.
All the benefits of this section shall be subject to final approval
by the City of Buffalo Board of Review.
[Added 5-14-1991, effective 5-24-1991]
A.
Intent. The purpose of this section is to enable the City of Buffalo
to grant tax exemptions pursuant to § 421-e of the New York
State Real Property Tax Law for low-income housing projects developed
under Article XVIII of the New York State Private Housing Finance
Law.
B.
Eligible projects. Any cooperative, condominium, homesteading or
rental project which receives payments, grants or loans pursuant to
Article XVIII of the New York State Private Housing Finance Law is
eligible.
C.
Application. Application for tax exemptions pursuant to this section
should be made to the Department of Assessment. Such application shall
have sufficient proof that the project for which the tax exemption
is sought was developed under Article XVIII of the Private Housing
Finance Law.
D.
Approval. Upon receiving a completed application, the Department
of Assessment shall determine the eligibility of any project proposed
for exemption under this section and approve or deny the application.
E.
Benefits and limitations. Projects eligible for exemptions under
this section shall be exempt from all or any portion of the taxes
imposed by a municipality, including those imposed by a school district,
other than assessment for local improvements for a period not to exceed
20 years in the aggregate after the taxable status date immediately
following the completion thereof, calculated not to exceed the following
exemptions: 12 years of full exemption followed by two years of exemption
from 80% of such taxation, followed by two years of exemption from
60% of such taxation, followed by two years from exemption of 40%
of such taxation, followed by two years of exemption from 20% of such
taxation, provided that the tax exemption authorized by this section
shall be in addition to any other tax exemption or abatement authorized
by law.
[Amended 11-16-1993, effective 11-29-1993]
[Added 7-20-1993, effective 8-2-1993]
A.
Intent. The purpose of this section is to enable the City of Buffalo
to grant real property tax exemptions to low-income turnkey/enhanced
rental project(s) developed with funds authorized by Article XVIII-A
of the New York State Private Housing Finance Law. Authorization for
this section is found at § 1106-h of the law.
B.
Eligible projects. Any low-income turnkey/enhanced rental project
developed with funds authorized by Article XVIII-A of the New York
State Private Housing Finance Law is eligible for the exemption provided
in this section.
C.
Benefits and limitations.
(1)
Pursuant to an agreement as provided in Subsection D below, an eligible project shall have all or any portion of the value of the property included in a turnkey/enhanced rental project which represents an increase over the assessed valuation of the real property, both land and improvements, prior to the improvements of the property necessary or intended to effectuate the purposes of this article, exempt from any and all City real property taxes, as defined in Subdivision 20 of § 102 of the Real Property Tax Law, real property special ad valorem levies, as defined in Subdivision 14 of § 102 of the Real Property Tax Law, and special assessments, as defined in Subdivision 15 of § 102 of the real property tax law, except that the assessed valuation may be increased or decreased to reflect a change in the level of assessment as certified pursuant to Title 2 of Article 12 of the Real Property Tax Law.
(2)
An eligible project shall also receive an abatement of any or all
of the real property taxes which are payable to the City for such
duration as may be approved by the Common Council, if any property
taxes remain to be paid after the exemption or abatement provided
in this section is determined.
(3)
The tax exemption or abatement authorized by this section shall be
in addition to any other tax exemption or abatement authorized by
law, and provided further, however, that in the event a project ceases
to be subject to one or more provisions of this article, any tax exemption
or abatement authorized pursuant to this section with respect to the
eligible property of such project shall terminate.
D.
Application and approval. Application for the benefits provided for
this section shall be made to the Department of Assessment on such
forms or subject to such procedures as may be established by the Department
of Assessment. The application shall be submitted to the Department
of Inspections and Community Revitalization for recommendation of
a tax-exemption agreement between the City and the project owner to
the Common Council. Such agreement shall be subject to approval by
the Common Council and may be equal to or less than the exemption
applied for by the project owner initially.
