LD 858
pg. 3
Page 2 of 13 An Act To Establish a Municipal Affordable Housing Development District Tax Inc... Page 4 of 13
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LR 787
Item 1

 
are authorized by section 5249, subsection 1 and included in an
affordable housing development program.

 
14.__Tax increment.__"Tax increment" means real property
taxes assessed by a municipality, in excess of any state,
county or special district tax, upon the increased assessed
value of property in the affordable housing development
district.

 
15.__Tax shifts.__"Tax shifts" means the effect on a
municipality's state revenue sharing, education subsidies and
county tax obligations that results from the designation of an
affordable housing development district and the capture of
increased assessed value.

 
16.__Tax year.__"Tax year" means the period of time
beginning on April 1st and ending on the succeeding March
31st.

 
§5247.__Affordable housing development districts

 
1.__Creation.__A municipal legislative body may designate an
affordable housing development district within the boundaries
of the municipality in accordance with the requirements of
this subchapter. If the municipality has a charter, the
designation of an affordable housing development district may
not be in conflict with the provisions of the municipal
charter.

 
2.__Considerations for approval.__Before designating an
affordable housing development district within the boundaries
of a municipality, or before establishing an affordable
housing development program for a designated affordable
housing development district, the legislative body of a
municipality must consider whether the proposed district or
program will contribute to the expansion of affordable housing
opportunities within the municipality or to the betterment of
the health, welfare or safety of the inhabitants of the
municipality. Interested parties must be given a reasonable
opportunity to present testimony concerning the proposed
district or program at the hearing provided for in section
5250, subsection 1. If an interested party claims at the
public hearing that the proposed district or program will
result in a substantial detriment to that party's existing
property interests in the municipality and produces
substantial evidence to that effect, the legislative body
shall consider that evidence. When considering that evidence,
the legislative body also shall consider whether any adverse
economic effect of the proposed district or program on that
interested party's existing property interests in the
municipality is outweighed by the contribution made by the
district or program to the availability of affordable housing
within the municipality or to the betterment of the health,
welfare or safety of the inhabitants of the municipality.


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