LD 1985
pg. 28
Page 27 of 29 PUBLIC Law Chapter 563 Page 29 of 29
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LR 3053
Item 1

 
(iv) Property that was owned and occupied or
used to provide residential rental housing
that qualified for exemption under paragraph
A or B prior to September 1, 1993; or

 
(v) Property exempt from taxation under
other provisions of law; and

 
(7) In addition to the requirements of subparagraphs
(1) to (4), an exemption is not allowed under paragraph
A or B for real or personal property owned and occupied
or used to provide residential rental housing that is
transferred or placed in service on or after September
1, 1993, unless the property is owned by a nonprofit
housing corporation and the operation of the
residential rental housing is not an unrelated trade or
business to the nonprofit housing corporation.

 
For the purposes of this subparagraph, the following
terms have the following meanings.

 
(a) "Nonprofit housing corporation" means a
nonprofit corporation organized in the State that
is exempt from tax under Section 501(c)(3) of the
Code and has among its corporate purposes the
provision of services to people of low income or
the construction, rehabilitation, ownership or
operation of housing.

 
(b) "Residential rental housing" means one or
more buildings, together with any facilities
functionally related and subordinate to the
building or buildings, containing one or more
similarly constructed residential units offered
for rental to the general public for use on other
than a transient basis, each of which contains
separate and complete facilities for living,
sleeping, eating, cooking and sanitation.

 
(c) "Unrelated trade or business" means any trade
or business whose conduct is not substantially
related to the exercise or performance by a
nonprofit organization of the purposes
constituting the basis for exemption under Section
501(c)(3) of the Code.

 
Sec. 17. 38 MRSA §488, sub-§23, as enacted by PL 2005, c. 217, §1, is
amended to read:


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