Bill Text: IA HF2466 | 2013-2014 | 85th General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: A bill for an act relating to the assessment of certain housing rented or leased to low-income individuals and families and including applicability provisions. Effective 7-1-14.

Spectrum: Committee Bill

Status: (Passed) 2014-05-30 - Signed by Governor. H.J. 897. [HF2466 Detail]

Download: Iowa-2013-HF2466-Amended.html
House File 2466 - Reprinted HOUSE FILE 2466 BY COMMITTEE ON WAYS AND MEANS (SUCCESSOR TO HSB 687) (As Amended and Passed by the House April 15, 2014 ) A BILL FOR An Act relating to the assessment of certain housing rented or 1 leased to low-income individuals and families and including 2 applicability provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 HF 2466 (2) 85 md/sc/md
H.F. 2466 Section 1. Section 426C.4, subsection 1, paragraph b, 1 subparagraph (1), Code 2014, is amended to read as follows: 2 (1) Property that is rented or leased to low-income 3 individuals and families as authorized by section 42 of the 4 Internal Revenue Code, as amended , and that is subject to 5 assessment procedures relating to section 42 property under 6 section 441.21, subsection 2 , for the applicable assessment 7 year . 8 Sec. 2. Section 441.21, subsection 2, Code 2014, is amended 9 to read as follows: 10 2. In the event market value of the property being assessed 11 cannot be readily established in the foregoing manner, then 12 the assessor may determine the value of the property using 13 the other uniform and recognized appraisal methods including 14 its productive and earning capacity, if any, industrial 15 conditions, its cost, physical and functional depreciation 16 and obsolescence and replacement cost, and all other factors 17 which would assist in determining the fair and reasonable 18 market value of the property but the actual value shall not 19 be determined by use of only one such factor. The following 20 shall not be taken into consideration: Special value or use 21 value of the property to its present owner, and the goodwill or 22 value of a business which uses the property as distinguished 23 from the value of the property as property. However, in 24 assessing property that is rented or leased to low-income 25 individuals and families as authorized by section 42 of the 26 Internal Revenue Code, as amended, and which section limits 27 the amount that the individual or family pays for the rental 28 or lease of units in the property, the assessor shall , unless 29 the owner elects to withdraw the property from the assessment 30 procedures for section 42 property, use the productive and 31 earning capacity from the actual rents received as a method of 32 appraisal and shall take into account the extent to which that 33 use and limitation reduces the market value of the property. 34 The assessor shall not consider any tax credit equity or other 35 -1- HF 2466 (2) 85 md/sc/md 1/ 3
H.F. 2466 subsidized financing as income provided to the property in 1 determining the assessed value. The property owner shall 2 notify the assessor when property is withdrawn from section 42 3 eligibility under the Internal Revenue Code or if the owner 4 elects to withdraw the property from the assessment procedures 5 for section 42 property under this subsection . The property 6 shall not be subject to section 42 assessment procedures 7 for the assessment year for which section 42 eligibility is 8 withdrawn or an election is made . This notification must 9 be provided to the assessor no later than March 1 of the 10 assessment year or the owner will be subject to a penalty of 11 five hundred dollars for that assessment year. The penalty 12 shall be collected at the same time and in the same manner 13 as regular property taxes. An election to withdraw from the 14 assessment procedures for section 42 property is irrevocable. 15 Property that is withdrawn from the assessment procedures 16 for section 42 property shall be classified and assessed as 17 multiresidential property unless the property otherwise fails 18 to meet the requirements of section 441.21, subsection 13. 19 Upon adoption of uniform rules by the department of revenue 20 or succeeding authority covering assessments and valuations 21 of such properties, the valuation on such properties shall be 22 determined in accordance with such rules and in accordance with 23 forms and guidelines contained in the real property appraisal 24 manual prepared by the department as updated from time to time 25 for assessment purposes to assure uniformity, but such rules, 26 forms, and guidelines shall not be inconsistent with or change 27 the foregoing means of determining the actual, market, taxable 28 and assessed values. 29 Sec. 3. Section 441.21, subsection 13, paragraph d, as 30 enacted by 2013 Iowa Acts, chapter 123, section 28, is amended 31 to read as follows: 32 d. In no case, however, shall property Property that is 33 rented or leased to low-income individuals and families as 34 authorized by section 42 of the Internal Revenue Code, and 35 -2- HF 2466 (2) 85 md/sc/md 2/ 3
H.F. 2466 that is subject to assessment procedures relating to section 1 42 property under section 441.21, has not been withdrawn from 2 section 42 assessment procedures under subsection 2 of this 3 section , or a hotel, motel, inn, or other building where rooms 4 or dwelling units are usually rented for less than one month 5 shall not be classified as multiresidential property under this 6 subsection . 7 Sec. 4. APPLICABILITY. This Act applies to assessment years 8 beginning on or after January 1, 2015. 9 -3- HF 2466 (2) 85 md/sc/md 3/ 3
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