Loading...
(Added by Initiative Approved by the Voters on 11/8/22, Ord. No. 187,692, Eff. 1/1/23.)
The Homelessness and Housing Solutions Tax imposed by Subsection (b) of Section 21.9.2 of this Code shall not apply with respect to any deed, instrument or writing by which any lands, tenements, or other realty sold within the City of Los Angeles shall be granted, assigned, transferred or otherwise conveyed to, or vested in, a purchaser or purchasers, or any other person or persons, by the person or their direction if such transferee is: (1) a non-profit entity within Internal Revenue Code Section 501(c)(3); (2) a Community Land Trust, as defined in Section 22.618.2 of the Los Angeles Administrative Code; (3) a Limited-Equity Housing Cooperative, as defined by California Civil Code Section 817; or (4) a limited partnership or limited liability company in which only bona fide nonprofit corporations, Community Land Trusts, and/or Limited-Equity Housing Cooperatives are the general partners or managing members. To qualify for an exemption under this section, the transferees or one of its partners or members must demonstrate a history of affordable housing development and/or affordable housing property management experience, as determined by the Los Angeles Housing Department, or its successor agency, according to a procedure that will be promulgated by the Los Angeles Housing Department, or its successor agency. Community Land Trusts and Limited- Equity Housing Cooperatives may qualify for an exemption under this subsection without demonstrating a history of affordable housing development and/or affordable housing property management experience by (a) partnering with experienced non-profit organizations as the Los Angeles Housing Department, or its successor agency, defines those terms consistently with the purpose of Article 9 of Chapter 24 of Division 22 of the Los Angeles Administrative Code; or (b) recording at the time of acquisition an affordability covenant consistent with Section 22.618.3(d)(l)(i)b. of the Los Angeles Administrative Code.
(Added by Initiative Approved by the Voters on 11/8/22, Ord. No. 187,692, Eff. 1/1/23.)
The Homelessness and Housing Solutions Tax imposed by Subsection (b) of Section 21.9.2 of this Code shall not apply with respect to any deed, instrument or writing by which any lands, tenements, or other realty sold within the City of Los Angeles shall be granted, assigned, transferred, or otherwise conveyed to, or vested in, the purchaser or purchasers, or any other person or persons, if such transferee is:
(a) a non-profit entity within Internal Revenue Code Section 501(c)(3), which received its initial Internal Revenue Service Determination Letter at least ten years prior to the purchase and has assets of less than $1 billion;
(b) the United States or any agency or instrumentality thereof, any state or territory, or political subdivision thereof, or any other federal, state, or local public agency or public entity; or
(c) any other transferee exempt from the City’s taxation power under the state or federal Constitutions.
(Added by Initiative Approved by the Voters on 11/8/22, Ord. No. 187,692, Eff. 1/1/23.)
The People of the City Los Angeles authorize the City Council to enact ordinances, without further voter approval, to exempt from the Homelessness and Housing Solutions Tax imposed by Subsection (b) of Section 21.9.2 of this article property acquired by non-profit organizations to produce income-restricted affordable housing, as the Council may define those terms consistently with the purposes set forth in Article 9 of Chapter 24 of Division 22 of the Los Angeles Administrative Code.
(Amended by 0rd. No. 145,220, Eff. 12/23/73.)*
* The provisions of this ordinance shall not be applicable to any subdivision filed for the purpose of converting a presently existing structure to a condominium, the Tentative Map for which has been filed prior to the thirty-first day following the effective date hereof.
Section
21.10.1 Definitions.
21.10.2 Constitutional Exemptions.
21.10.3 Dwelling Unit Construction Tax.
21.10.4 Due Date.
21.10.5 Assessment – Administrative Remedy.
21.10.6 Refunds.
The following words and phrases whenever used in this article shall be construed as defined in this section:
(a) “Person” shall mean any individual, receiver, administrator, executor, assignee, trustee in bankruptcy, trust, estate, firm, partnership, joint venture, club, company, joint stock company, business trust, domestic or foreign corporation, association, syndicate, society, or any group of individuals acting as a unit, whether mutual, cooperative, fraternal, nonprofit or otherwise, and shall include a municipal corporation. (Amended by Ord. No. 175,083, Eff. 3/25/03.)
(b) “Dwelling Unit” shall be defined as it is presently defined in Section 12.03 of this Code except that it shall also include every mobile home site.
(c) “Condominium” shall mean an estate in real property consisting of an undivided interest in common in a portion of a parcel of real property together with a separate interest in space in an apartment building on such real property. A condominium may include in addition a separate interest in other portions of such real property.
(d) “Apartment” shall be defined as a residential building designed or used for five or more dwelling units.
(a) There is hereby imposed an excise tax upon every person who constructs or causes to be constructed any new dwelling unit in the City of Los Angeles in which said person has an equity or title. The tax imposed by this section shall be at the rate of two hundred dollars ($200.00) per dwelling unit.
1. The tax imposed by this section shall be imposed regardless of whether the new dwelling unit is created by new construction or by modification of existing structures. The tax imposed shall apply to new mobile home park sites regardless of whether they are part of a new mobile home park or an addition to an existing park. The tax imposed shall also apply to the conversion of an existing apartment building into a condominium or condominiums if the construction of the apartment building did not subject any person to the tax imposed by this article.
(b) Where, as a condition of approval of a subdivision of land or of the finalization of a zone change to a zone which permits a multiple residential use, which subdivision or zone change includes the land whereon the new dwelling unit is to be constructed, a fee has been paid, or improvements or recreational facilities have been installed, constructed, or guaranteed to an existing City park or upon land being dedicated as a City park, or land has been dedicated to the City of Los Angeles, all pursuant to the provisions of Sections 12.22 or 17.12 of the Los Angeles Municipal Code, or where a voluntary payment of such a sum, or dedication of such land, or the installation or construction of such recreational facilities or improvements has been made, or any combination thereof as would have been required by Sections 12.33 or 17.12
of such Code, if applicable, has occurred, a credit shall be allowed against the tax imposed by this article in the amount of the fee so paid, or the fair market value of the land so dedicated, or the value of the improvements or recreational facilities installed, constructed or guaranteed, or a combination of any of the above. As used herein the term “fair market value” shall mean the valuation of the particular land by the Board of Recreation and Park Commissioners and shall be based upon the proportionate portion of the appraised value of all the land within the subdivision or zone change property which the area dedicated bears to the area of all the land within the subdivision or zone change property, which appraisal is prepared by a qualified real estate appraiser, approved by the Real Estate Division of the Bureau of Engineering of the City, and employed by the property owner at the property owner’s own expense, and which appraisal, after report and recommendation by the Real Estate Division of the Bureau of Engineering is accepted as reasonable by the Board of Recreation and Park Commissioners. The value of the improvements or the facilities referred to in this section shall be established pursuant to Section 17.12
F.8. of the Los Angeles Municipal Code. A credit shall also be allowed where a conversion of an existing apartment building into a condominium or condominiums has resulted in the payment of a fee, the construction, installation or guarantee of recreational facilities or improvements, or the dedication of land, or any of the above, to the City of Los Angeles pursuant to the provisions of Sections 12.33 or 17.12
of the Los Angeles Municipal Code. A credit shall also be allowed for the amount of tax paid under this article because of the modification of a structure when the structure is subsequently converted from an apartment building into a condominium or condominiums. Provided, however, that in no event shall the amount of credit exceed the amount of tax; further provided that no credit against the tax established hereby shall be allowed, and no set-off against said tax shall be permitted, in those instances where a person received an exemption or credit under the provisions of Subdivisions 1, 3, 4 or 5 of Subsection F of Section 17.12
or Section 12.33 of the Los Angeles Municipal Code. (Amended by Ord. No. 163,797, Eff. 8/8/88.)
(c) The tax imposed by this article shall be paid to the Department of Building and Safety. The Director of Finance is directed to enforce each and all of the provisions of this article and may make such rules and regulations as are not inconsistent with this article as may be necessary or desirable to aid in the enforcement of these provisions. The Director of Finance may demand statements in writing from any person subject to tax calling for information as the Director of Finance may deem pertinent for the administration and collection of the tax. It shall be the duty of any such person receiving such a demand from the Director of Finance to furnish such information. The Director of Finance may require any statement to be verified. (Amended by Ord. No. 175,083, Eff. 3/25/03.)
(d) The tax collected pursuant to this article shall be placed in a “Park and Recreational Sites and Facilities Fund,” to be exclusively for the acquisition and development of park and recreational sites and facilities. Any refunds required or permitted by law, of taxes collected under this article shall be made from that Fund.
(e) The tax imposed by this article shall not apply to construction which is subsidized, in whole or part, by the federal or state government, where a majority of the units are built for senior citizens or disabled persons of low income by non-profit corporations, where the property is exempt from County property taxes and any income therefrom is exempt from federal and state income taxes, and the construction and development thereof complies with the provisions of Section 17.12 of the Los Angeles Municipal Code. (Amended by Ord. No. 168,771, Eff. 7/9/93, Oper. 1/1/89.)
(f) The tax imposed by this article shall not apply to the construction of any dwelling unit which qualifies a residential facility as a “shelter for the homeless,” as that term is defined in Section 12.03 of this Code. (Added by Ord. No. 164,785, Eff. 6/5/89.)
(g) The tax imposed by this article shall not apply to the reconstruction or replacement of a dwelling unit which was damaged or destroyed as a result of the earthquake of January 17, 1994 and its aftershocks, as determined by the Department of Building and Safety. (Added by Ord No. 169,952, Eff. 8/26/94.)
Loading...