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Termination of Participation in Affordable Housing Program Is Not a Taxable Transfer

In a full-fledged opinion by Justice Cohen, the Second Department determined that when a residential housing cooperative amends its certificate of incorporation as part of a voluntary dissolution, reconstitution, and termination of participation in the Mitchell-Lama housing program (Private Housing Finance Law section 10 et seq, an affordable housing program established in 1955) there is no transfer or conveyance of real property or an interest in real property and, therefore, no taxable event occurs under Tax Law section 1201(b) (i.e., no real property transfer tax [RPTT] is due).  This opinion replaced the opinion in Trump Vil. Section 3, Inc v City of New York, 100 AD3d 170, which is recalled and vacated. Trump Vil Section 3, Inc v City of New York, 2013 NY Slip Op 05894, 2nd Dept 9-18-13

 

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