[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.
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]
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.
[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.