99- 346 C.M.R. ch. 31, § 2

Current through 2024-51, December 18, 2024
Section 346-31-2 - Recovery of Public Revenue
a. For any period of time during which conditions for approval of an Affordable Housing Development District of continuing applicability after approval of the District by the Director were not maintained, the municipality where the District is located shall not claim for that period of noncompliance the corresponding amount of local valuation as Captured Assessed Value on the municipal valuation return that the municipality is required to file with Maine Revenue Services pursuant to 36 M.R.S.A. Section383.
b. For any period of noncompliance with conditions of approval of an Affordable Housing Development District for which the municipality where the District is located has claimed the corresponding amount of local valuation as Captured Assessed Value on the municipal valuation return filed with Maine Revenue Services for that period, the municipality is liable to the Authority and shall pay to the Authority, on demand, the value of the Tax Shifts benefiting the municipality during the period of the noncompliance. The Authority may, in its discretion, waive events of noncompliance that are insubstantial or that are being corrected diligently and in good faith or for other reasons satisfactory to the Authority.
c. The Authority shall take those steps necessary to recover the value of the Tax Shifts as provided in Section 2. b of this rule. Nothing in this rule precludes a municipality from recovering such amounts from a developer, owner, or sponsor of Affordable Housing or other responsible entity to the extent permitted by applicable law.
d. The Authority shall remit to the Treasurer, State of Maine, amounts recovered from a municipality that represent the value of the Tax Shifts described in Section 2. b of this rule.
e. A municipality seeking approval of an Affordable Housing Development District by the Director shall be required, as an additional condition of such approval, to enter into a binding agreement with the Authority in which the municipality expressly agrees to be bound by terms and conditions substantially similar to those set forth in this rule.

99- 346 C.M.R. ch. 31, § 2