SENATE, No. 85

 

STATE OF NEW JERSEY

 

Introduced Pending Technical Review by Legislative Counsel

 

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

 

 

By Senator LIPMAN

 

 

An Act concerning the duration of certain tax exemptions and amending P.L.1991, c.431.

 

    Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

    1. Section 13 of P.L.1991, c.431 (C.40A:20-13) is amended to read as follows:

    13. The tax exemption provided in this act shall apply only so long as the urban renewal entity and its project remain subject to the provisions of this act, but in no event more than 35 years from the date of the execution of the financial agreement. A tax exemption authorized in connection with a non-profit limited dividend cooperative housing project under a financial agreement entered into pursuant to the "Limited-Dividend Nonprofit Housing Corporations or Associations Law," P.L.1949, c.184 (C.55:16-1 et seq.) may be extended to coincide with existing first mortgage financing. The terms of any such extension shall be set forth in an amended financial agreement between the urban renewal entity and the municipality. An urban renewal entity may at any time after the expiration of one year from the completion date of the project, notify the governing body of the municipality that, as of a certain date designated in the notice, it relinquishes its status under this act, and if the project includes housing units, that the urban renewal entity has obtained the consent of the Commissioner of Community Affairs to such a relinquishment. As of that date, the tax exemption, the service charges, and the profit and dividend restrictions shall terminate. The date of termination of tax exemption, whether by relinquishment by the entity or by terms of the financial agreement, shall be deemed the close of the fiscal year of the entity. Within 90 days of that date, the urban renewal entity shall pay to the municipality the amount of reserve, if any maintained pursuant to section 15 or 16 of this act, as well as the excess net profits, if any, payable as of that date.

(cf: P.L.1991, c.431, s.13)

 

    2. This act shall take effect immediately.

 

 

STATEMENT

 

    This bill would allow for the extension of the term of any tax exemption granted to a non-profit limited dividend housing cooperative project under a financial agreement entered into pursuant to the "Limited-Dividend Nonprofit Housing Corporations or Associations Law," P.L.1949, c.184 (C.55:16-1 et seq.) in order to coincide with first mortgage financing. The terms and duration of any such extension shall be set forth in an agreement between the urban renewal entity and the municipality.

    Under P.L.1991, c.431, which consolidated a series of statutes allowing for long-term tax exemptions and abatements, the duration of the long-term tax exemption was limited to 35 years.

    This bill would allow for the extension of an exemption beyond 35 years, upon the agreement of the municipality and the urban renewal entity, under limited circumstances.

 

 

 

Allows for extension of 35 year tax exemption under certain circumstances.