Tax Appeal Petition Mill Pond - signed.pdf
Mill Pond Limited Dividend Housing Association LLC Petitioner Vs. City Of Fenton Respondent · 26-001088-TT
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STATE OF MICHIGAN DEPARTMENT OF LICENSING & REGULATORY AFFAIRS MICHIGAN ADMINISTRATIVE HEARING SYSTEM MICHIGAN TAX TRIBUNAL MILL POND LIMITED DIVIDEND HOUSING ASSOCIATION LLC, a Michigan limited liability company, Petitioner, MTT Docket No. Fe — v CITY OF FENTON, Respondent. ENTIRE TRIBUNAL PROPERTY TAX PETITION Petitioner, MILL. POND LIMITED DIVIDEND HOUSING ASSOCIATION LLC, through its attorneys, TIMOTHY S. WASHBURN, P.C., petitions this Tribunal as follows: 1. Petitioner is a Michigan limited liability company, the Registered Office Address of which is 3476 Eastman Drive, Flushing, Michigan 48433. 2 Petitioner is a limited dividend housing association. 3. Petitioner owns the real property commonly known as 201 E. Elizabeth Street, Fenton, Michigan 48430, that being City of Fenton Property Identification Number 53-36-506-203 (the te Property”).
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4. Respondent, CITY OF FENTON, assesses the value of the Property and levies and collects the property taxes on the Property. S. Respondent, CITY OF FENTON, declares what it believes to be the property classification for the Property as well as any exemptions it believes apply to the Property. 6. The Property is classified as “Commercial 2017, real property. 7 The Property is presently used as a multi-family residential apartment complex. 8. The Property is located in Genesee County within the school districts of the Fenton Area Public Schools and Genesee County Intermediate School District. 9. The Property is subject to a governmental regulatory agreement restricting the income and rents for the property at least through December 31, 2041, being that low-income housing tax credit (“LIHTC”) Regulatory Agreement dated December 2, 1997, and recorded in Liber 3668, Page 950, Genesee County Records (the “Regulatory Agreement”). Please sce Exhibit A attached hereto. 10. The restrictions contained in the Regulatory Agreement render the Property “assisted” pursuant to state and federal law and the applicable Michigan State Housing Development Authority (“MSHDA™) guidelines. See the MSHDA Memorandum dated March 21, 2025, attached hereto as Exhibit B.
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11. As a qualifying limited dividend housing association owning an assisted property, Petitioner and the Property qualify for an exemption from ad valorem property taxes and should not be included on the ad valorem tax roll. 12. MSHDA makes the determination if the Property and Petitioner qualify as “assisted”. See Chelsea Health & Wellness Found. v. Twp. of Scio. 2017 Mich. App. 1569, Michigan Baptist Homes & Development Co. v. Ann Arbor. 396 Mich. 660. 13. MSHDA has determined that the Property and Petitioner are exempt from ad valorem taxes and provided notice to Respondent of its determination. See the acknowledgement of Notification of Exemption to local assessor signed by Respondent’s assessor Tonya Lall attached hereto as Exhibit C. 14. The Michigan Court of Appeals has clearly set forth that the focus of MCL 125.1415a is on the use and regulatory status of the property, not on procedural or administrative factors such as the timing of filings or approval completion. City of Grand Rapids v. Brookstone Capital, LLC 334 Mich. App. 452. 15. At all relevant times the use and regulatory status of the Property have qualified the Property as assisted.
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16. The sale of an assisted property does not change the assisted status of that property or uncap the property taxes on that Property. 17. Despite the Property and Petitioner qualifying as assisted, as confirmed by MSHDA and acknowledged by Respondent’s assessor, Respondent has wrongfully placed the Property on the ad valorem tax roll. 18. Respondent has assessed the Property as follows: B 2025 2026 SEV $0.00 $2,129,900 TAXABLE VALUE | $0.00 $2,129,900 19. Petitioner disputes Respondent’s attempted termination of its tax-exempt status. 20. Petitioner disputes the proposed 2026 SEV and TAXABLE VALUE and believes both should be $0.00. 21. Petitioner spent a great deal of time attempting to resolve this matter with several representatives of respondent, including its attorney, but did not appear before the March local Board of Review to appeal the tax-exempt status of the Property, as such appeal was not required. 22. The Property has not been taxed or assessed fairly, uniformly, or consistent with Michigan law.
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23. The tax-exempt status of the Property has not been determined uniformly. 24. The Property’s tax-exempt status is disproportionate to and inconsistent with like-kind properties in Respondent’s jurisdiction. 25. This appeal involves issues relating to the tax-exempt status of the Property and the lack of uniformity in how Respondent is determining tax exempt status for properties in its jurisdiction. 26. Pursuant to MCLA 125.1415a, qualifying properties and owners “are exempt from all ad valorem property taxes imposed by this state or by any political subdivision, public body, or taxing district in which the project is located”. 27. Petitioner requests that the Tribunal: (1) determine that the Property is assisted and thus is tax-exempt for so long as it is assisted; (2) order Respondent to remove the Property from its tax roll; and (3) order a refund with interest and costs, as provided by the Tax Tribunal Act. Dated: May 18, 2026 Tp Tinfothy’S. Washburn (P64850) Attorney for Petitioner Timothy S. Washburn P.C. 3476 Eastman Drive Flushing, Michigan 48433 Phone: (586) 439-0620
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EXHIBIT A Regulatory Agreement
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REGULATORY AGREEMENT
Department of Consumer and Industry Services
MICHIGAN STATE HOUSING DEVELOPMENT AUTHORITY
LOW INCOME HOUSING TAX CREDIT
401 South Washington Square - 4th Floor Plaza One Building
Lansing, Michigan 48909
This Agreement, which shall serve as a Regulatory Agreement and have the full force of a restrictive
covenant running with the land pursuant to Public Act 346 of the Michigan Public Acts of 1966, as
2mended, is dated as of this second day of December, 1997, and made by and between the Michigan
‘state Housing Development Authority (the "Authority") as the low income housing tax credit agency for
the State of Michigan and Millpond Manor LDHA LP ("Owner").
WHEREAS, the Authority is the designated housing credit agency for the State of Michigan with respect
to the low income housing tax credit authorized by Section 42 of the Internal Revenue Code of 19886, as
amended (the "Code"); and
WHEREAS, the Owner is the Owner of certain real property, more particularly described in Exhibit A,
attached hereto, and incorporated herein by reference; and
WHEREAS, the Owner has applied to the Authority for an allocation of Low Income Housing Tax Credit
authority for a residential rental development which has been or will be constructed on the property; and
WHEREAS, the Authority has determined, pursuant to the provisions of Section 42 of the Code, that an
allocation of credit to the Project in the amount of Three Hundred Eighteen Thousand One Hundred
Twenty Seven Dollars ($318,127) is the maximum appropriate amount of tax credit authority to be
allocated to the Project; and
WHEREAS, Section 42 (h) of the Code requires that the Authority and the Owner enter into an "extended
low income housing commitment", which shall be recorded as a restrictive covenant in order for the
Owner to be allowed the benefit of the Low Income Housing Tax Credit,
NOW, THEREFORE, in consideration of receipt of the benefit of the Low Income Housing Tax Credit,
the promises and covenants set forth hereafter including those enumerated in Exhibit B, attached hereto
and incorporated by reference herein, the receipt and sufficiency of which are hereby acknowledged, the
Owner and the Authority agree and covenant as follows:
:
1)
All words and phrases used herein shall have the same meaning as defined in Section 42 of the
Code.
1
82803Page 8
MASTER LIBER 3668p 551 Rev. 10/97 2) The Owner is a Limited Partnership, duly organized and existing under the laws of the State of Michigan, and has all the powers necessary to conduct business and to execute and deliver this Regulatory Agreement. There is no action or proceeding in law or in equity now pending, or, to the knowledge of the Owner, threatened, which, if adversely determined, would materially impair the rights of the Owner to carry on business as contemplated by this Agreement, or would materially affect the Owner's financial condition. 3) The building(s), which do or will constitute a qualified housing project as defined in Section 42 of the Code, and regulations promulgated thereunder, the rental units of which will be rented or available for rental on a continuous basis to members of the general public throughout the length of this Agreement, shall be known as Millpond Manor. 4) As a condition and in consideration of receipt of the Low Income Housing Tax Credit, the Owner, for itself and all successors in interest to the buildings in the Project, agrees to maintain the applicable fraction, as defined in Section 42 (c)(1)(B) of the Code and stated below, for the period of time this Agreement is in effect, that being the initial compliance period of 15 years, and for the extended use period of an additional thirty years (the longer of an additional 15 years or that period agreed to by the Owner in its application for the credit), in accordance with the provisions of Section 42(h)(6)(E) of the Code. 5) The applicable fraction, as defined in Section 42(c)(1)(B) of the Code, is 1/1, which fraction shall not be decreased during any taxable year of the extended use period, except in accordance with the provisions described below. 8) The extended use period shall be the period beginning on the first day in the compliance period, is defined in Section 42 of the Code, on which a building is part of the qualified low-income housing Project, and ending on the date which is thirty years (the longer of 15 years or that period agreed to by the Owner in its application for tax credit) after the initial 15 year compliance period; provided, however, that the extended use period shall terminate, subject to the provisions hereafter regarding low income tenancy and gross rent restrictions, on the date the buildings are acquired by foreclosure (or instrument given in lieu of foreclosure). SHOULD THE EXTENDED USE PERIOD TERMINATE IN THIS FASHION, FOR A THREE YEAR PERIOD AFTER SUCH TERMINATION, NO LOW INCOME TENANT MAY BE EVICTED FOR OTHER THAN GOOD CAUSE, NOR MAY THE GROSS RENTS ATTRIBUTABLE TO THE LOW INCOME UNITS BE INCREASED BEYOND THAT PERMITTED UNDER THE CODE AND REGULATIONS PROMULGATED THEREUNDER. 7) This Agreement constitutes an "agreement" between the parties which shall be enforceable in the courts of the State of Michigan by the Authority as the state credit agency, or by any individual(s), whether prospective, present, or former occupanti(s) of the Project, who meet the income limitation applicable to the Project under Section 42(g) of the Code, such individuals being express beneficiaries of this Agreement. 8) The Owner agrees to obtain the consent of any prior recorded lien-holder on the property to this agreement, and such consent shall be a condition precedent to the issuance of IRS Form 8609, or any document constituting a carryover allocation.
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GE 3668p 9 52 9) The Owner covenants and agrees that no portion of a building to which this agreement applies ray be disposed of, transferred, or sold, unless the entire building is disposed of, transferred, or sold to such person. 10) The Owner covenants and agrees that the refusal to lease a unit in a building covered by this Agreement to the holder of a voucher or certificate of eligibility under §8 of the United States Housing Act of 1937 because of the status of the prospective tenant as such a holder is prohibited. 11) Itis the intent of the parties that these covenants constitute use and occupancy restrictions and be covenants running with the land, binding on all successors and assigns of each party. 12) The Owner covenants that it will not knowingly take or permit any action that would result in a violation of the requirements of Section 42 of the Code and the provisions of this Agreement. Further, the Owner covenants to take any required action, including amendment of this Agreement, as may be necessary, in the opinion of the Authority, to comply with the Code and all applicable regulations, rules, and procedures of the Internal Revenue Service or the United States Department of Treasury. 13) The Owner hereby agrees that the representations and covenants set forth herein may be relied upon by the Authority. 14) The Owner covenants and agrees that it will maintain records at the Project and file reports with ihe Authority with respect to the occupancy and rent requirements and will permit the Authority to inspect euch records at all reasonable times. 15) In the event the Authority determines that the Project is in non-compliance with the rent and occupancy requirements of Section 42 of the Code, and the Owner, upon notification by the Authority, does not take immediate steps to correct such non-compliance, the Authority shall notify the Internal Revenue Service, and shall be entitled to take such other actions as it deems necessary to enforce the provisions of the Code and this Agreement. 16) The Owner covenants and agrees to complete and send to the Authority an annual report, or, if more frequent reports are requested by an authorized officer of the Authority, status reports, in form and substance acceptable to the Authority, which shall demonstrate on-going compliance with the provisions of Section 42 of the Code. 17) The Owner covenants and agrees that, in the event it seiis or otherwise transfers ownership of the Project or any part thereof, it will notify the Authority in writing and further, that it will enter into any such agreements with the purchaser or transferee as may be prescribed by the Authority, which have the effect of causing such purchaser or transferee to be bound by these restrictions, or any amendments thereto. 18) In the event of any conflict between the covenants contained in this Agreement and the requirements of the Code, the Code requirements shall prevail. 19) The invalidity of any clause or provision of this Agreement shall not affect the validity of the remaining portions thereof.
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MASTER
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IN WITNESS WHEREOF, the parties have set their hands as of this second day of December, 1997,
MICHIGAN STATE HOUSING DEVELOPMENT AUTHORITY
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4 Jeanne L. Peterson, Direcior of Legal Affairs, Michigan State Housing Development Authority.
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Charlene K. ZN néor
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MASTER 9) ween 368 8 page 954 EXHIBIT A The following described premises situated in the City of Fenton, County of Genesee, State of Michigan, to-wit: Lot 1 thru 4, the East % of vacated S. Oak St. and the West 30 feet of vacated Pine St. all in Block 30; and all of Block 33, and vacated East Shiawassee St. from the center line of S. Oak St. to the West line of South Pine St., extended Northerly to the South line of Block 30, lying between Blocks 30 and 33; also, the East ¥ of vacated South Oak St. from the South line of East Shiawassee St. to the North line of East Elizabeth Street, lying between Blocks 33 and 34 all in THE ORIGINAL PLAT OF FENTONVILLE (NOW THE CITY OF FENTON), according to the plat thereof as recorded in Plat Liber 1, page 8, Genesee County Records, and being more particularly described as; beginning at the Southeast corner of said Block 33; thence West along the South line of said Block 33 extended, (North line of Elizabeth St), 271.50 feet to the center line of South Oak Street of said plat; thence North 00 degrees 21 minutes 28 seconds East along the center line of South Oak Street extended Northerly 309.38 feet to the North line of East Shiawassee Street; thence continuing along the center line of vacated South Oak Street North of Shiawassee Street, Blocks 29 and 30, North 00 degrees 21 minutes 28 seconds East 77.10 feet of the traverse line running along the South shore of the Fenton Mill Pond; thence North 83 degrees 50 minutes 40 seconds East along said traverse line, 303.45 feet to the center line of vacated South Pine Street; thence South 00 degrees 21 minutes 28 seconds West along said center line, 109.64 feet to a point on the North line of East Shiawassee Street; thence West along said North line, 30.0 feet to the Southeast corner of Block 30 of said plat said point being the East line, of Block 33 extended Northerly: thence South 00 degrees 21 minutes 28 seconds West along said East line, (the West line of South Pine Street), 309.38 feet to the point of beginning. Containing 112,114.31 square feet or 2.57 acres of land, more or less.
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— VE 3668p 955 The owner acknowledges that it has made certain representations with respect to the development, all of which remain true. Further, these criteria have been considered by the Authority in awarding tax credit and shall be binding on the owner and on any successor(s) in interest in the development unless the Authority, in its sole discretion, grants a specific waiver of any such requirement. All applicable are checked. 1s Credit has been allocated to this development on the basis that a bona fide 501 (€)(3) or 501(c)(4) nonprofit organization, having the fostering of housing as one of its exempt purposes and having no affiliation with or control by a for profit entity, has an ownership interest in the development and materially participates in the development's operation. 2, Credit has been allocated to this development on the basis that it is designed to serve and will serve the elderly population, that term being the most restrictive of the definition of "elderly" in the Authority's Act, any applicable tax abatement ordinance or resolution, or any applicable regulations under which the development has received assistance. 3. Credit has been allocated to this development on the basis that it will serve developmentally disabled persons under a qualified program of the Michigan Department of Mental Health. 4, Credit has been allocated to this development on the basis that it will serve either a homeless population or as transitional housing. 5. X'_ Credit has been allocated to this development on the basis that it will serve tenants at certain area median income restrictions below the maximums permitted and will also concomitantly reduce rents to those tenants. The number of units so assisted and the incomes of residents for those units is as follows: 9.38% of the units will be rented to families whose income does not exceed 30% of the area gross median income. 42.18% of the units will be rented to families whose income does riot exceed 50% of the area gross median income. 48.44% of the units will be rented to families whose income does not exceed 60% of the area gross median income.
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EXHIBIT B MSHDA March 21, 2025 Memo
Page 14
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STATE OF MICHIGAN
GRETCHEN WHITMER
MICHIGAN STATE HOUSING DEVELOPMENT AUTHORITY
AMY HOVEY
GOVERNOR
LANSING
CHIEF EXECUTIVE OFFICER
AND EXECUTIVE DIRECTOR
MEMORANDUM
March 21, 2025
To:
Local Tax Assessors
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From: Margaret Meyers, Director of Legal Transactions
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Re:
Continuing Eligibility for Exemption Under MCL 124.1415a
The Michigan State Housing Development Authority ("MSHDA") was asked to address concerns
that local assessors may have regarding the duration of a housing project’s eligibility for tax
exemption and a Payment In Lieu of Taxes ("PILOT") under Section 15a of the State Housing
Development Authority Act (the "Act"), Act No. 346 of the Public Acts of 1966, as amended (MCL
124.1415a). Section 152 provides that there are two requirements for a housing project to be exempt
from taxes under that section: it must be owned by an eligible entity under the Act, and it must be
financed with an Authority-aided or federally aided mortgage. To meet the definition of federally-
aided, the housing project must be participating in a federal program for affordable housing, and at
least a portion of the units in the housing project must be affordable to low- or moderate-income
families.
On an annual basis, MSHDA collects information from each owner of a housing project to verify
the development remains eligible for the exemption and PILOT under Section 154, and if we receive
information that leads us to conclude that a housing project is no longer eligible, we will notify the
local assessor.
735 EAST MICHIGAN AVENUE P.O. Box 30044, LANSING, MICHIGAN 48309
Michigan.gov/MSHDA ® TOLL-FREE- 855-MI-MSHDA (855-645-7432) ® FAX 51 7-3354797
Gow Housing trtovrtander (BYPage 15
EXHIBIT C Assessor Notification of Exemption
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GRETCHEN WHITMER GOVERNOR AMY HOVEY Lansing CHIEF EXECUTIVE OFFICER AND EXECUTIVE DIRECTOR April 3, 2026 VIA ELECTRONIC MAIL (tmolloseau@cityoffenton.org) Tonya Lall Assessor City of Fenton 301 S Leroy St. Fenton, MI 48430 RE: Notification of Exemption — Millpond Manor, 201 E. Elizabeth Street, Fenton Dear Assessor: Enclosed please find an executed “Notification to Local Assessor of Exemption” form, which is being filed with respect to the above captioned development. Please acknowledge receipt of the enclosed notification by signing the acknowledgment found in the lower left-hand corner of this letter and return it to me at bitelyd@michigan.gov. Sincerely, Dana L Bi Diana L. Bitely Legal Affairs Division Enclosure I hereby agknowledge recejpt of the enclosed notification. TW A Date: 4 lo ~ ROA, 735 EAST MICHIGAN AVENUE P.O. Box 30044, LANSING, MICHIGAN 48909 Michigan.gov/mshda - TOLL-FREE 855-MI-MSHDA (855-646-7432) - FAX 517.335.4797 & tetosnetromanonss (2