New York State Department of Taxation and Finance
RP-421-m-Ins (2/12)
Office of Real Property Tax Services
Instructions for Form RP-421-m
Application for Real Property Tax Exemption for Certain New or Substantially
Rehabilitated Multiple Dwellings
(Real Property Tax Law, Section 421-m)
1. Authorization for exemption
Section 421-m of The Real Property Tax Law allows a city, town, or village to adopt a local law providing
an exemption from taxation and special ad valorem levies (but not special assessments) for the
construction or substantial rehabilitation of a multiple dwelling located within a designated benefit area
set forth in local law (Item 3, Form RP-421-m). After a city, town, or village has initially adopted a local
law to authorize this exemption, the county and any other municipal corporation in which the designated
benefit area is located may likewise authorize the exemption by local law, or in the case of a school
district, by resolution. In order for the property to become eligible for this exemption, the following
eligibility requirements must be met:
•
The construction or substantial rehabilitation must take place on vacant, predominantly vacant or
under-utilized land, or on land that contains a non-conforming use or a substandard, structurally
unsound or unsanitary dwelling. Substantial rehabilitation includes all work necessary to bring a
property into compliance with all applicable laws and regulations, including installation, replacement
or repair of heating, plumbing, electrical and related systems, plus the elimination of all hazardous
and immediately hazardous violations of the structure in accordance with state and local laws and
regulations. Substantial rehabilitation also includes all reconstruction necessary for improving the
habitability or prolonging the useful life of the property. Ordinary maintenance and repairs do not
qualify for exemption (Item 4).
•
The construction or substantial rehabilitation must begin on or after the effective date of the local law,
ordinance or resolution but no later than June 15, 2015 (Item 5).
•
The construction or substantial rehabilitation must be carried out with the assistance of affordable
housing grants, loans or subsidies from a federal, state or local agency (Item 6).
•
The multiple dwelling must be occupied or is to be occupied as the residence of at least three or more
families living independently of one another, whether such dwelling is rented or owned as a
cooperative or condominium. The multiple dwelling may not be used as a hotel (Item 7).
•
At least 20% of the units must be affordable to individuals and families of low and moderate incomes
as determined in accordance with the statutory criteria; resident incomes at the time of initial
occupancy must not exceed 90% of the area median income, as adjusted for family size and where
the individual or family pays no more than 30% of their adjusted gross income as reported in their
federal income tax return, or would be reported if such return were required, less such personal
exemptions, deductions and medical expenses. A municipal agency or officer must verify that the
project complies with the affordability requirements, as outlined above, and also with locally adopted
procedures; check with your local assessor on this matter. Such verification must be done in
accordance with procedures established by the New York State Division of Housing and Community
Renewal (Item 7).
•
Where the property is used partially as a multiple dwelling and also for commercial or other purposes,
the property is eligible for exemption only if the square footage of the portion used as a multiple
dwelling comprises at least 50% of the total property’s square footage (Item 8).
•
Property eligible for this exemption may not be currently receiving any other exemption (Item 9).