[Code 1975, §§ 31-17, 31-27, 31-38, 31-49;
Code 1992, § 28-1]
It is acknowledged that it is a proper public purpose of the
state and its political subdivisions to provide housing for its citizens
of low income and to encourage the development of such housing by
providing for a service charge in lieu of property taxes in accordance
with the State Housing Development Authority Act of 1966, Public Act
No. 346 of 1966 (MCL 125.1401 et seq.). The City is authorized by
such Act to establish or change the service charge to be paid in lieu
of taxes by any or all classes of housing exempt from taxation under
the Act at any amount it chooses, not to exceed the taxes that would
be paid but for the Act. It is further acknowledged that such housing
for persons of low income is a public necessity, and as the City will
be benefited and improved by such housing, the encouragement of the
housing by providing certain real estate tax exemption therefor is
a valid public purpose; further, that the continuance of the sections
of this article for tax exemption and the service charge in lieu of
taxes during the periods contemplated are essential to the determination
of economic feasibility of housing developments which are constructed
and financed in reliance thereon.
[Code 1975, §§ 31-18, 31-28, 31-39, 31-50;
Code 1992, § 28-2]
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
The State Housing Development Authority Act, Public Act No.
346 of 1966 (MCL 125.1401 et seq.).
As defined by the Act.
The State Housing Development Authority.
As defined by the U.S. Department of Housing and Urban Development
(HUD) in regulations promulgated pursuant to the U.S. Housing Act
of 1937, as amended by the Housing and Community Development Act of
1974.
A development which contains a significant element of housing
for persons of low income and such elements of other housing, commercial,
recreational, industrial, communal, and educational facilities as
the Authority determines improve the quality of the development as
it relates to housing for persons of low income.
The United States Department of Housing and Urban Development.
Units which are rented to lower income persons who are defined
as persons with an adjusted income equal to or less than 50% of median
income applicable to the area in which the housing development is
located or as otherwise may be determined by the Department of Housing
and Urban Development. Rents for lower income units shall not exceed
30% of the adjusted income of lower income persons.
A loan to be made by the Authority to the sponsor for the
construction and permanent financing of the housing development.
One or more individuals, corporations, partnerships or other
legal entities that hold valid legal title to the project that is
the subject of this article.
Persons or entities which have applied to the Authority for
a mortgage loan to finance a housing development.
Fuel, water, sanitary sewer service and/or electrical service.
[Code 1975, § 31-3; Code 1992, § 28-5]
(a)
Housing projects or units within the boundaries of the City or units
financed as described in Public Act No. 346 of 1966 (MCL 125.1401
et seq.) and allowed to be tax exempt under such Act shall not have
the tax exemption applied to them unless otherwise provided in this
article. This subsection shall not apply to housing projects or units
for the elderly, as defined in the Act.
(b)
The owner of a housing project containing units for the elderly shall
annually submit to the City Assessor a certified statement declaring
the square footage leased as units for the elderly compared to the
total square footage leased for the housing project.
