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Zoning violation doesn’t jeopardize real estate exemption

Zoning violation doesn’t jeopardize real estate exemption

Zoning violation doesn’t jeopardize real estate exemption

An alleged violation of a local zoning ordinance is not sufficient to deny real estate tax exemption for a nonprofit low-income housing developer, an appellate court in New York has ruled. A town’s claim that a property is used for an office and four separate residences when it is zoned only for a two family dwelling does not prove that the use is not charitable. The Community Humanitarian Association is a nonprofit established to provide housing for low-income families. Prior to 2012, its property was exempt from real estate tax, but the town imposed an assessment in 2012. The association sought a new exemption. The town argued that the association could not be exempt because it was in...

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