N.Y.
Private Housing Finance Law Section 212
Limited return on income debentures and stock
1.
No redevelopment corporation shall pay any interest on its income debentures or dividends on its stock during any dividend year, unless there shall exist at the time of any such payment no default under any amortization requirements with respect to its indebtedness.2.
No redevelopment corporation shall pay or declare as interest on its income debentures and as dividends on its stock during any dividend year during any portion of which there shall exist pursuant to § 211 (Exemption from increase in local taxation)section two hundred eleven of this article any exemption from local taxation on any of its real property, an amount which in the aggregate is in excess of the maximum dividend, except as provided in paragraphs three and four of this section two hundred twelve.3.
In the event that in any dividend year the maximum exemption period with respect to some of the parcels of real property held by a redevelopment corporation shall have expired, and with respect to some such parcels shall not have expired, then that portion of its net earnings which may be paid or declared as interest on its income debentures and as dividends on its stock during such dividend year shall be determined as follows: multiply the net earnings of the corporation subject to payment or declaration as such interest or dividends, by a fraction the numerator of which is the total of the maximum assessed valuation of all real property for which the maximum exemption period has not expired and the denominator of which is the total of the maximum assessed valuation of all the real property of the corporation; and the result will be the apportioned net earnings restricted as to payment as such interest or dividends; compute the amount of the maximum dividend as though no apportionment of the same were to be affected and multiply the amount so arrived at by the same fraction; and the result will be the apportioned maximum dividend; only that portion of such apportioned net earnings which does not exceed such apportioned maximum dividend may be paid or declared as such interest or dividends; and that portion of the net earnings obtained by subtracting from total net earnings such apportioned net earnings restricted as to payment as such interest and dividends may be paid or declared without restriction as such interest or dividends.4.
In the event that in any one or more prior dividend years the total amount paid or declared as interest on the corporation’s income debentures or as dividends on its stock shall have been less than the amounts allowable pursuant to paragraphs two and three of this section two hundred twelve, then cumulative interest and dividends equal to the difference may be paid out of any net income applicable thereto in any subsequent dividend year despite the limitation imposed by paragraph two of this section two hundred twelve.
Source:
Section 212 — Limited return on income debentures and stock, https://www.nysenate.gov/legislation/laws/PVH/212 (updated Sep. 22, 2014; accessed Oct. 26, 2024).
