Posts in Tax Credits
Re.: New York State Historic Preservation Tax Credit

December 9, 2024

The Honorable Kathy Hochul
Governor of New York State
New York State Capitol Building
Albany, NY 12224

Re.: New York State Historic Preservation Tax Credit (Click here for a PDF of this letter)

Dear Governor Hochul,

On behalf of the undersigned, a coalition of advocates and practitioners in the fields of historic preservation and affordable housing, thank you for your commitment to historic preservation, affordable housing, and community development projects throughout the state.

Together, we are advocating for important enhancements to the New York State Historic Preservation Tax Credit (NYS HTC) program that will advance the development of affordable housing and community development projects in New York State, while saving the state money. We urge you to include these enhancements to the Historic Preservation Tax Credit in your FY 2025-26 Executive Budget proposal.

The NYS HTC has been an indispensable tool for revitalization in New York State. By incentivizing the reuse of our existing historic buildings, it has encouraged sustainable, environmentally friendly development that has kept valuable building materials out of landfills, strengthened existing walkable communities, reduced greenfield development, and protected our historic buildings and downtowns. Communities throughout New York have used the NYS HTC to transform their Main Streets and downtowns. In Buffalo alone, projects that would not have succeeded without the NYS HTC include the Richardson Complex, Larkinville, Lafayette Hotel, Artspace Buffalo, and the Evergreen Lofts, among many others. It is also a highly effective tool for housing creation: since 2010, the NYS HTC has been responsible for the creation of 29,173 housing units, 15,400 of which are low/moderate income units.

Current New York State law requires the NYS HTC to be allocated in the same manner, and to the same parties, as the Federal Historic Preservation Tax Credit. This required allocation depresses the pricing of both tax credits by limiting the pool of tax credit users. This means less money flowing to important community revitalization and housing projects. As development costs rise, and buildings become more challenging to develop, we need to enhance this important tool now to keep our momentum going. Allowing the allocation of the NYS HTC to investors other than those who are allocated the Federal Historic Credit, or “bifurcating” the credit, would open up and broaden the investor market. The additional step of “certificating” the credit, would further serve to increase the value of the credit, thus injecting more equity into these projects.

Current law also requires projects to be “in whole or in part located within a census tract which is identified as being at or below one hundred percent of the state median family income.” This limitation restricts the ability to access NYS HTCs for many low-income buildings in nearby census tracts that are above the one hundred percent threshold. Accordingly, we support authorizing NYS HTCs to be used for any qualified historic rehabilitation projects, regardless of census tract, provided such projects satisfy the criteria for affordable housing. This simple change would create greater flexibility in the use of NYS HTCs and expand the number of projects that can be rehabilitated for affordable housing.

Enhancing the NYS HTC in this modest yet impactful way would have some big benefits.

  1. More affordable housing. A more flexible program would increase the attractiveness of tax credits amongst new investors who would provide greater private investment dollars in New York State projects.

  2. Less cost to New York State. With greater private investment, New York State will be relieved of the need to add additional public funds to get these projects done.

  3. More money for projects. Credits have reduced value to an investor if they can’t take full advantage of them. We are “leaving money on the table” if credits are used at a reduced cost or not all.

  4. We will be helping the climate. Building demolition and new construction is a major source of greenhouse gas emissions, and it pours tons of materials into our landfills each year. If we incentivize building reuse, we are helping the environment.

Notably, the Assembly and the Senate introduced legislation during the 2024 session (A.9722/S.9071) that would have made the bifurcation and certification improvements discussed above. While the legislation unanimously passed the Senate, it unfortunately did not pass in the Assembly prior to the end of session.

Let’s make these meaningful enhancements to the NYS HTC now and build a better New York one building at a time.

Sincerely,

Adirondack Architectural Heritage, Erin Tobin Executive Director
C.B. Emmanuel Realty, Ben Upshaw Managing Partner
Carmina Wood Design, Steven J. Carmina, AIA President/CEO
Carmina Wood Design, Paul R. Lang, AIA Managing Principal
Common Bond Real Estate LLC, Jason A. Yots, President
Historic Albany Foundation, Pamela Howard, Executive Director
Historic Districts Council, Frampton Tolbert, Executive Director
Historic Ithaca, Christine O’Malley, Preservation Services Director
Home Leasing, Bret Garwood, CEO
Johnson-Schmidt Architect, P.C., Elise Johnson-Schmidt, AIA
Landmark Society of Western New York, Wayne Goodman, Executive Director
Monroe Building LLC, Derek King, Manager
New York Landmarks Conservancy, Peg Breen, President
New York State Association for Affordable Housing, Jolie Milstein, President and CEO
Otsego 2000, Ellen Pope, Executive Director
Preservation Association of Central New York, Andrew Roblee, President
Preservation Association of Central New York, Nicole Fragnito, Executive Director
Preservation Buffalo Niagara, Bernice Radle, Executive Director
Preservation League of New York State, Jay DiLorenzo, President
Preservation Long Island, Tara Cubie, Preservation Director
Preservation Studios LLC, Mike Puma, Director of Technical Services
RUPCO, Kevin O'Connor, CEO
Ryan, Albert Rex, Principal, Tax Credits
Saratoga Springs Preservation Foundation, Samantha Bosshart, Executive Director

Letter to the Governor: Advocating for HTC Enhancements

Click here for a PDF of this letter.

The Honorable Kathy Hochul
Governor of New York State
New York State Capitol Building
Albany, NY 12224

Re.: New York State Historic Preservation Tax Credit

Dear Governor Hochul,

On behalf of the undersigned, a coalition of advocates and practitioners in the fields of historic preservation and affordable housing, thank you for your commitment to historic preservation, affordable housing, and community development projects throughout the state.

Together, we are advocating for an important enhancement to the New York State Historic Preservation Tax Credit program that will advance the development of affordable housing and community development projects in New York State, while saving the state money.

The New York State Historic Preservation Tax Credit (NYS HTC) has been an indispensable tool for revitalization in New York State. By incentivizing the reuse of our existing historic buildings, it has encouraged sustainable, environmentally friendly development that has kept valuable building materials out of landfills, strengthened existing walkable communities, reduced greenfield development, and protected our historic buildings and downtowns. Communities throughout New York have used the NYS HTC to transform their Main Streets and downtowns. In Buffalo alone, projects that would not have succeeded without the NYS HTC include the Richardson Complex, Larkinville, Lafayette Hotel, Artspace Buffalo, and the Evergreen Lofts, among many others. It is also a highly effective tool for housing creation: since 2010, the state tax credits have been responsible for the creation of 21,929 housing units, 8,542 of which are low/moderate income units.

Current New York State law requires the NYS HTC to be allocated in the same manner, and to the same parties, as the Federal Historic Preservation Tax Credit. This required allocation depresses the pricing of both tax credits by limiting the pool of tax credit users. This means less money flowing to important community revitalization and housing projects. As development costs rise, and buildings become more challenging to develop, we need to enhance this important tool now to keep our momentum going. Allowing the allocation of the NYS HTC to investors other than those who are allocated the Federal Historic Credit would open up and broaden the investor market, increasing the value of the credit and injecting more equity into these projects.

Enhancing the NYS HTC in this small way would have some big benefits.

  1. More affordable housing. A more flexible program would increase the appetite for taxcredits amongst new investors who would want to invest in New York State projects.

  2. Less cost to New York State. The amount of credit received by an investor is the same, nomatter what they pay for it. If they pay less than face value, New York State is often obligatedto add additional grant funds to get these projects done. This change will increase the valueof the credit.

  3. More money for projects. Credits have reduced value to an investor if they can’t take full advantage of them. We are leaving money on the table if credits are used at a reduced cost or not all.

  4. We will be helping the climate. Building demolition and new construction is a major source of greenhouse gas emissions, and it pours tons of materials into our landfills each year. If we incentivize building reuse, we are helping the environment.

Let’s make this small enhancement to the NYS HTC now and build a better New York one building at a time.

Sincerely,

Adirondack Architectural Heritage, Erin Tobin Executive Director
Beacon Communities, LLC, Dara Kovel, CEO
CREA LLC, Tony Bertoldi, Co-President
Historic Albany Foundation, Pamela Howard, Executive Director
Historic Districts Council, Frampton Tolbert, Executive Director
Home Leasing, Bret Garwood, CEO
Landmark Society of Western New York, Wayne Goodman, Executive Director
Lettire Construction Corporation, Nicholas Lettire, President
LISC NY | Local Initiatives Support Corporation, Valerie White, Senior Executive Director
New York State Association for Affordable Housing, Jolie Milstein, President and CEO
Preservation Association of the Southern Tier, Andrew Roblee, President
Preservation Buffalo Niagara, Bernice Radle, Executive Director
Preservation League of New York State, Jay DiLorenzo, President
Preservation Long Island, Alexandra Parsons Wolfe, Executive Director
Rockabill, Niall J. Murray, Managing Principal & CEO
RUPCO, Kevin O'Connor, CEO
Saratoga Springs Preservation Foundation, Samantha Bosshart, Executive Director
Urban Builders Collaborative, Matthew Gross, Partner
Xenolith Partners LLC, Andrea Kretchmer, Principal

cc:

(VIA EMAIL)

Tania Dissanayake, Deputy Secretary for Housing
Ashley Dougherty, Assistant Secretary for Environment
Amanda Hiller, Acting Commissioner, Taxation and Finance
Roger Maldonado, Assistant Counsel
Karen Persichilli Keogh, Secretary to the Governor
Erik Kulleseid, Commissioner, Office of Parks, Recreation, and Historic Preservation
RuthAnne Visnauskas, Commissioner/CEO, Division of Homes and Community Renewal
Blake G. Washington, Director, Division of Budget

NYS, Tax CreditsPLNYS Staff
Memo of Support: A.1808 (Zinerman) / S. 224 (Myrie)

The undersigned organizations write in support of A.1808 (Zinerman) / S.224 (Myrie), which proposes to improve access to the NYS Historic Homeowner Rehabilitation Tax Credit for longterm homeowners in historic neighborhoods in New York City. Currently, the credit is only available in Qualified Census Tracts (QCTs), which are tracts at or below 100% of the state median family income in the most recent federal census. As numerous neighborhoods in New York City experience economic changes, some former QCTs no longer qualify due to rising income levels. This bill would allow homeowners in NYC who have owned their houses since at least January 1, 2010, and live in a census tract that was a QCT as of January 1, 2017, to use the Historic Homeowner Rehabilitation Tax Credit to offset part of the cost of rehabilitating their houses, even if the tract now exceeds the income limit for QCTs.

When neighborhoods experience rapid increases in income levels and housing costs, long-time homeowners who have contributed to the stability and appeal of their neighborhoods are often at risk of being displaced. Expanding Historic Homeowner Rehabilitation Tax Credit eligibility to longterm owners in gentrifying areas will make the program more equitable and help these owners defray the cost of maintaining and improving their homes.

The Historic Homeowner Rehabilitation Tax Credit is an important tool for owners of historic houses listed in the State and/or National Registers of Historic Places. When they undertake a rehabilitation project costing at least $5,000, they can qualify to claim a tax credit equal to 20% of the project cost. Rehabilitation work can include both interior and exterior projects, when at least 5% of the work is on the exterior of the building. Typical projects include roof, window, and facade repairs, and energy upgrades such as storm window installation and weatherstripping. The tax credits help to defray the cost of caring for these buildings, which require regular maintenance and repair.

Our organizations support this bill, as well as its broader goal of supporting owners who have invested many years in their neighborhoods and wish to continue maintaining their homes. We thank Senator Myrie and Assemblymember Zinerman for their leadership, and urge the Assembly to pass A.1808 in the remaining days of the 2023 legislative session.

New York State’s 2024 Budget Includes Preservation Wins

This week, the extended state budget process is coming to an end, following several extra weeks of negotiations between the Governor and Legislature. Several budget bills have already been passed by the Senate and Assembly, and more are expected imminently, as is the Governor’s signature.

The League is thrilled that a five-year extension of the NYS Historic Commercial and Homeowner Tax Credit Programs is included in the budget agreement. The tax-credit programs were due to expire in 2024, so an extension was necessary to ensure these programs did not sunset. We thank Assemblymember Carrie Woerner and Senator Timothy Kennedy for championing this extension, and thank the Governor, Senate, and Assembly for all including the extension in their budget proposals and ensuring its inclusion in the final agreement.

The “White Elephant Program,” also proposed by Assemblymember Carrie Woerner and Senator Ted Kennedy, did not make it into the final budget. This program aims to facilitate the rehabilitation of large, vacant buildings that often languish due to their high rehab costs and scarcity of investors. We understand our legislative sponsors intend to work toward passage of the white elephant program as a standalone bill in the remainder of this session, and we will continue advocacy efforts toward that goal.

We are pleased that the budget bills now in the process of being passed by the Legislature and signed by the Governor include provisions to protect remains in unmarked burial sites that are discovered on private property. The League has advocated for the establishment of such a process for the last several years, inspired in part by our Seven to Save listing of Elmhurst African American Burial Ground in Queens in 2020.

A similar bill that passed the Legislature last year was vetoed by the Governor, citing what she saw as inadequate protections for private property owners. The bill establishes a process and timeline for the remains to be protected, the appropriate descendants or culturally affiliated groups notified, and a resolution to be worked out between the descendants and the property owner as to keeping the remains in place or moving them to a different location. New in this bill is that if the culturally affiliated group and property owner cannot come to an agreement – if the descendants want the remains to stay in place and the property owner wants to remove them, for example – the property owner can, after 90 days, pay to have them removed in a respectful manner, with the culturally affiliated group having the right to monitor the removal. We are grateful for the efforts of former Assemblymember Steve Englebright, who had championed this issue for many years, and Assemblymember Fred Thiele, who sponsored the revised bill that was incorporated into the budget. We also acknowledge the efforts of Indigenous activists who have worked tirelessly in support of this long overdue legislation.

The New York State Council on the Arts (NYSCA), an important partner to the League, has announced that their FY 2024 budget allocation is $110 million; their available funding for FY24 grants is $127 million ($90 million for organizations and artists, plus $37 million in capital project funding). NYSCA’s funding has seen significant bumps the last few years in recognition of the need to invest in the recovery of the arts sector; while this year’s funding is not as high as last year’s historic peak of $140 million, it does recognize the state’s ongoing commitment to the arts, and improves significantly on the original executive budget proposal. We join NYSCA in thanking the Governor and Legislature for their leadership in investing in New York’s important arts sector.

The budget also includes $400 million for the Environmental Protection Fund (EPF), plus $200 million in capital funding the Office of Parks, Recreation and Historic Preservation to invest in enhancing state parks. We will share details of funding for historic preservation as those become available.

We Need Your Help: EPF & HTC Advocacy

We have two important opportunities this week to make your voice heard in support of historic preservation in New York State!

1. Speak out against proposed cuts to Historic Preservation funding in the Environmental Protection Fund

While the Governor’s budget proposal includes robust funding for the Environmental Protection Fund overall, a closer look at the numbers reveals a proposed $1 million cut to the Historic Preservation Grant Program within the EPF. This program is one of the few sources of bricks-and-mortar funding for preservation projects in our state, and the need is much greater than the available funding every year. To see a list of preservation projects funded through the this grant program last year, click here, scroll to page 15, and look at the projects under "OPRHP EPF HP."

We’re asking all preservation advocates to reach out to their state legislators this week; please ask Assemblymembers to contact Assemblymember Daniel O’Donnell, Chair of the Committee on Tourism, Parks, Arts & Sports Development, and Senators to contact Senator José Serrano, Chair of the Committee on Cultural Affairs, Tourism, Parks & Recreation, with the following simple request: "Please do not allow cuts to the Historic Preservation Grant Program in the Environmental Protection Fund."  If you know of a project in your area that received this funding in recent years, or found one on the list in the link above, please use it as an example of the great work being supported by this grant program.

2. Call in support of the HTC Extension and “White Elephant” Bill (A.2889 / S.4174)

Assemblymember Carrie Woerner and Senator Tim Kennedy have proposed a 10-year extension to the NYS Historic Tax Credits and additional provisions to facilitate the use of the commercial credit for the rehabilitation of large, vacant buildings (“white elephants”). We want to line up as many co-sponsors for the legislation as possible, to demonstrate broad support for including this language in the state budget. While you are reaching out to legislators regarding the Historic Preservation grant funding cut, please also ask if they would be willing to co-sponsor A.2889 / S.4174 to support the extension and enhancement of the NYS Historic Tax Credits.

Calls and emails on both of these issues will be most helpful before March 13. Thank you for your advocacy!

NYS, Tax CreditsPLNYS Staff
Memo of Support: Refundability Provision for the Historic Barn Tax Credit

Memorandum of Support
A.4030 (Barrett), S.3582 (Hinchey)

Click here for a PDF of this letter.

The Preservation League of New York State is New York’s statewide historic preservation nonprofit organization. We lead advocacy, economic development and education programs across the state and partner with local preservation organizations throughout New York. Together with our local and regional partners listed below, we strongly support of Bill A.4030 (Barrett) / S.3582 (Hinchey), which propose adding a refundability provision to the state’s Historic Barn Rehabilitation Tax Credit program, providing New Yorkers with an income below $60,000 with a refund for excess tax credits from the rehabilitation of historic barns.

The 25% Historic Barn Rehabilitation Tax Credit, launched in 2022, promotes barn rehabilitation, vital in retaining remaining historic barns in every corner of the state. Not only does the existence of this program pay homage to New York’s agricultural history and architecture, it also supports thoughtful reuse, community enjoyment, and the elimination of landscape decay, while avoiding the negative environmental impacts of demolition.

From the launch of the program in the spring of 2022 through the end of the calendar year, the NYS Office of Parks, Recreation and Historic Preservation received over 60 applications from owners wishing to take advantage of the credits to either retain their barns in agricultural use, or adaptively reuse them for other commercial (non-housing) purposes.

While the program is seeing robust use by those with sufficient income to take advantage of the 25% credit, some barn owners do not have sufficient income to allow them to take advantage of the credit. Bill A.4030/S. 3582, modeled after a similar provision in the state’s Homeowner Rehabilitation Tax Credit program, offers a rebate to those whose incomes are below $60,000. We strongly support these bills that make the credit more equitable by making it available to small farmers and other barn owners who are investing in the repair and rehabilitation of their barns but cannot now use the credit.

We thank Assemblymember Barrett and Senator Hinchey for their leadership in sponsoring the bills that created the current Historic Barn Rehabilitation Tax Credit, and for sponsoring the current bills to make this important adjustment to the program.

Supporting Organizations

NYS, Tax CreditsPLNYS StaffBarns
Memo of Support: NYS Historic Tax Credit Extension + Improvements

Memorandum of Support A.2889 (Woerner) and S.4174 (Kennedy)
Click here to download this document as a PDF

The Preservation League of New York State is New York State’s statewide historic preservation nonprofit. We lead advocacy, economic development and education programs across the state and partner with local preservation organizations throughout New York. We write in support of Bill A.2889 (Woerner) and S.4174 (Kennedy) relating to extending the NYS Historic Rehabilitation Tax Credit programs and improving their functionality for the rehabilitation of large, long-vacant buildings. We urge the Assembly and Senate to include these provisions in their budget bills this March. These improvements will facilitate the return of large vacant buildings such as warehouses, rail terminals, and mill complexes to productive use. The bills provide additional enhancements to prioritize rehabilitation projects incorporating affordable housing.

The State Historic Tax Credit program is a critical tool for sustainable, environmentally friendly development that keeps valuable building materials out of landfills, strengthens existing walkable communities, reduces greenfield development, and recaptures embodied energy. It is also a highly effective tool for housing creation: since 2010, the state tax credits have been responsible for the creation of 21,929 housing units, 8,542 of which are low/moderate income units.

The NYS Historic Tax Credit programs are currently set to sunset on December 31, 2024. The improvements outlined in A.2889 and S.4174 include a 10-year extension of the program, until December 31, 2034. Since their inception, the credits have been extended in five-year increments; given the current construction climate, and in particular the lead time inherent in affordable-housing rehabilitation projects, a ten-year extension would help give building owners the confidence that the program will still be available when they are ready to move forward. We strongly support this longer extension.

The bills also propose enhancements aimed at facilitating reuse of large, long-vacant buildings. “White Elephants” are defined in the bill as buildings that have been vacant for at least 10 of the last 15 years, with rehab costs of $50 million or more. For all projects meeting these “white elephant” criteria, the proposed enhancements are: 1) raise the commercial credit cap from $5 million to $15 million, and 2) bifurcate the state and federal credits to allow them to be used by separate entities. For “white elephant” projects incorporating affordable housing, the bill proposes two additional enhancements: 1) make the credits transferable to investors outside the development partnership, and 2) make them available statewide, facilitating the creation of affordable housing outside qualifying census tracts, which would help create affordable housing in low poverty areas. Bifurcation and transferability are important enhancements that would expand the pool of investors and bring more equity into these projects at no additional cost to the state.

The League strongly supports the two bills, and we urge the Senate and Assembly to include them in the FY 2024 NYS budget to support sustainable economic development and affordable housing using our existing building stock.

NYS, Tax CreditsPLNYS Staff
HTC-GO Approaching 100 House Cosponsors!: Continue to Request Cosponsorship and Connect with Legislators Back Home

Cross-posted from our colleagues at the National Trust Community Investment Corporation, a subsidiary of the National Trust for Historic Preservation

Thank you to all the advocates who reached out to congressional offices, led local meetings, and hosted tours of HTC projects in August! At this critical time, we continue to gain support for the HTC-GO, with 97 House members and 14 Senators cosponsoring the bill. We are steadily approaching our goal of 100 cosponsors in the House and 20 cosponsors in the Senate!

As the 117th Congress winds down, members of Congress will head home in October ahead of the November elections. Depending on the outcome of the elections, Congress will determine whether it will be an active lame-duck session or if it will limit activity to organizing for the new Congress. Scores of federal tax incentives have expired or will expire in 2022, resulting in growing interest from Republicans and Democrats to extend these tax provisions.

Year-end legislation may be a vehicle for HTC improvements. Building support for the HTC-GO now will pave a path for success when year-end legislative vehicles begin to move, possibly during a lame-duck session of Congress.

With about seven remaining weeks until the election, advocates are encouraged to do the following:

  1. Use the National Trust E-advocacy tool to contact offices to request cosponsorship of the Historic Tax Credit Growth and Opportunity Act (HTC-GO, HR 2294/S. 2266)

  2. Look for opportunities to meet with legislators when they are back home in October. Please connect with Senators and Representatives back home to request cosponsorship of HTC-GO. We encourage you to safely attend upcoming political events and gatherings to discuss the HTC-GO bill. As many did in August, you can also proactively schedule a time to meet with legislators for a meeting or a tour of a local HTC project, especially projects that will become easier to undertake with the HTC if the proposed changes are enacted.

Take Action:

  1. Request cosponsorship through the National Trust for Historic Preservation's E-Advocacy tool.

  2. Review the HTC-GO fact sheets to stay informed:

    1. House HTC-GO (HR 2294) Fact Sheet

    2. Senate HTC-GO (S. 2266) Fact Sheet

  3. Search local and political events or join a local political party's email list to learn about events your members of Congress might be attending.

  4. Invite your members of Congress to tour successful historic preservation projects. Take a look at the National Trust's guide to arranging a site visit.

  5. Email Michael Phillips (mphillips@ntcic.com) to receive the schedulers' email addresses for your members of Congress and for additional assistance in making your request.

  6. Check to see if your members of Congress have already cosponsored:

    1. House HTC-GO Cosponsors

    2. Senate HTC-GO Cosponsors

Talking Points for Discussions with your Members of Congress:

  • "Now is the time to strengthen this proven incentive to address the slowdown and challenges in rehabilitation projects across the country."

  • "Would you please cosponsor House Bill H.R. 2294/Senate Bill S. 2266-The Historic Tax Credit Growth and Opportunity Act (HTC-GO) and work to include these provisions in year-end legislation?" If the legislator has already cosponsored the bill, thank them instead of asking them to cosponsor.

  • Explain how enacting these provisions would benefit your community.

  • Please share the "State of the Historic Rehabilitation Industry" and either the House HTC-GO Fact Sheet or the Senate HTC-GO Fact Sheet as printed handouts or links/attachments as a follow-up.

Resources

Thank you for your advocacy! For assistance in contacting the offices of your members of Congress, please contact us at the email addresses below.

Mike Phillips mphillips@ntcic.com
Shaw Sprague
ssprague@savingplaces.org
Patrick Robertson
probertson@confluencegr.com

Federal, Tax CreditsPLNYS Staff
New York State Office of Parks, Recreation, and Historic Preservation Announces Availability of Historic Barn Rehabilitation Tax Credit Program

This press release is cross-posted from parks.ny.gov

Repair of Historic Barns Can Qualify for 25% New York State Tax Credit

New York State Office of Parks, Recreation, and Historic Preservation announced the launch of the revitalized Historic Barn Rehabilitation Tax Credit program. The new program allows state taxpayers who rehabilitate their historic barns to earn a credit against state income tax owed.

"New York's rural landscapes are characterized by historic barns, forming the identities of many communities," said Erik Kulleseid, Commissioner of the Office of Parks, Recreation and Historic Preservation. "Retaining these historic structures, are among the state's most threatened historic resources, contributes to heritage tourism and expands opportunities for the state's agricultural economy. State Parks is pleased to add this program to its existing historic tax credit programs."

The amount of the tax credit is equal to 25% of the expenditures incurred to rehabilitate a historic barn. To qualify, a barn must have been built prior to 1946, and the work must be approved by the Division for Historic Preservation. Taxpayers can begin to claim the credit on their 2022 New York State taxes.

Governor Kathy Hochul signed legislation reinstating and improving the barn tax credit program, which had been limited in availability due to 2018 federal tax code changes. The legislation was sponsored by State Senator Michelle Hinchey of the 46th District, and Assemblymember Didi Barrett of the 106th District.

"New York's historic barns are emblematic of our agricultural heritage and a testament to upstate's economic leadership as the original breadbasket of America," said Senator Michelle Hinchey. "Thanks to our bill to revive the Historic Barn Rehabilitation Tax Credit program, we are making it more affordable for New Yorkers to give these beloved buildings a new shot at life. Historic preservation is an important driver of rural revitalization, and I am so proud to have sponsored the legislation that will help save thousands of historic barns from disrepair, boosting local economies and local pride in the process."

"I was proud to sponsor legislation to resurrect the New York State Historic Barn Rehabilitation Tax Credit, and I am delighted that the statewide application process is now open," said Assemblymember Didi Barrett. "In the Hudson Valley – once the breadbasket of our young nation – historic barns are an iconic testament to our region's deep agricultural roots. This tax credit will incentivize the next generation of farmers and small business owners to grow their businesses here in New York State, while preserving some of our most picturesque and historic structures!"

"The Preservation League of NYS is grateful to Governor Hochul for signing the Historic Barn Rehabilitation Tax Credit into law, and to Senator Hinchey and Assemblymember Barrett for their leadership on this important preservation issue," said Preservation League President Jay DiLorenzo. "This credit is a much-needed resource for barn owners across the state, who thanks to this program, will be able to make vital repairs and bring countless barns back to life – either reinvigorating their agricultural function or adaptively reusing them for innovative new purposes."

Program information and staff contact information can be found on the Division for Historic Preservation's website www.parks.ny.gov/shpo/tax-credit-programs/. Applications can be mailed to 1 Delaware Avenue North, Cohoes, 12047 (for express mail services) or to P.O. Box 189, Waterford, NY 12188 (for USPS mail service).

On Wednesday May 18, 2022 at 6:00 PM, a Historic Barn Tax Credit Information Session will be held at Glimmerglass State Park, Lakeview Pavilion, 1527 County Road 31, Cooperstown, NY 13326. Olivia Brazee from the State Historic Preservation Office and Ellen Pope, executive director of Otsego 2000, will walk participants through the requirements for receiving the credit. The event is free but registration is recommended at: https://forms.donorsnap.com/form?id=315d40c2-8bcc-4086-87c6-df061aeed264

HTC Extension in Assembly Budget Bill

Over the weekend of March 12-13, the New York State Assembly and Senate released their FY 2023 budget bills. The Preservation League is pleased that the Assembly bill includes language to extend the NYS Historic Tax Credit programs for seven years beyond their current expiration date in 2024, and add reporting language that will help clarify the impacts and effectiveness of the credits.

Extending the Historic Tax Credit programs now, rather than waiting another year, will provide assurances to those wishing to rehabilitate commercial and owner-occupied residential properties that the credits will still exist when they are ready to proceed with their rehabilitation projects. This is particularly important given current supply-chain issues and construction delays.

Thank you to our lead sponsor, Assemblymember Carrie Woerner, as well as Assemblymembers Sillitti, McDonald, Thiele, and Griffin, who co-sponsored the bill introducing the extension of the Historic Tax Credits. We look forward to working with our friends in the NYS Senate, including Senator Timothy Kennedy, who introduced the bill in the Senate, and co-sponsor Senator José M. Serrano, to support the extension of the tax credits in the final negotiated NYS Budget.

We are also pleased that both the Senate and Assembly budget bills, like the Executive budget proposal, include an increase in the Environmental Protection Fund from $300 million to $400 million.

What can you do to ensure the Historic Tax Credit extension is included in the final budget?

If your legislator sponsored or co-sponsored the HTC extension bill (A.9043 / S.8238), please call them to thank them for supporting historic preservation! If not, please call or write to them to express your support for extending the Historic Tax Credit program for seven years, and emphasize the importance of the tax credits to sustainable economic revitalization in your community.

NYS, Tax CreditsPLNYS Staff