New York State Considers Permanent Tax Benefits for HDFC Cooperatives

What's Happening?

New York State is considering legislation that would make tax benefits for Housing Development Fund Corporations (HDFCs) permanent. HDFCs are limited-equity housing cooperatives designed to provide affordable homeownership for low- and moderate-income residents. The proposed legislation aims to extend the Division of Alternative Management Programs (DAMP) tax exemption, which significantly reduces property tax obligations for HDFCs, thereby preserving affordability. The legislation would allow HDFCs to receive either the DAMP tax exemption or a tax abatement available to market-rate co-ops, encouraging them to remain income-restricted. The bill requires HDFCs to demonstrate compliance with affordability requirements to qualify for the tax benefits.

Why It's Important?

The proposed legislation is crucial for maintaining affordable housing in New York City, where homeownership is increasingly out of reach for working-class residents. By making tax benefits permanent, the legislation would provide financial stability to HDFCs, ensuring they can continue to offer affordable housing options. This move could prevent significant increases in maintenance charges for shareholders, which would otherwise lead to a decline in the value of HDFC shares. The legislation also addresses the uncertainty surrounding the scheduled expiration of the DAMP tax exemption, which has made financial institutions hesitant to lend to HDFCs.

What's Next?

If the legislation passes, HDFCs will need to comply with new reporting requirements to maintain their tax benefits. Boards, lenders, and shareholders will have to navigate the new statutory framework to ensure continued affordability. The legislation remains subject to change, and stakeholders have time to consult with elected officials and legal counsel regarding the future of their cooperatives. The outcome of this legislative effort could influence similar housing policies in other cities facing affordability challenges.