Pilot Extension Legal Options

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Summary

In New Jersey, the maximum length of a PILOT is typically 30 years but can extend up to 50 years under certain conditions. Extensions are granted case by case, and the local governing body has the discretion to extend the PILOT if they deem it beneficial for the community. Demonstrating exceptional community benefits like job creation, environmental sustainability, infrastructure enhancements, or support for local schools might persuade the local body to consider a further extension. Seeking legal counsel to explore any possible legal interpretations or loopholes in the law might also be beneficial.

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our client had a 50 year PILOT, which is the max any one property can get. It is my understanding that they already received a 2 year extension in *, which is ending August *, *. A baseline question that should be answered is the max amount years a PILOT can be (with extensions vs. without extensions). At least some City Council members would support this We need to figure out if there is a way to get another extension, without having to do a whole new PILOT. The reason we don't want to do a new PILOT (right now) is because our client is no longer an affordable housing project. They also do not have a current project that could qualify them for one. We want to work through this part of the problem with them, but we also need to buy some time (with another extension).
Hello Claudia,
In New Jersey:
- The maximum length of a PILOT (Payment In Lieu Of Taxes) is typically 30 years but can extend up to 50 years under certain conditions.
- Extensions are granted case by case, and the local governing body has the discretion to extend the PILOT if they deem it beneficial for the community.
To potentially secure an additional extension, your client might need to demonstrate how extending the PILOT again would benefit the community.
is there a loophole i can take to get a longer extension past the 50 year mark
In New Jersey, the laws around PILOT extensions are quite strict. However:
- Demonstrating exceptional community benefits might persuade the local body to consider a further extension.
- Seeking legal counsel to explore any possible legal interpretations or loopholes in the law might also be beneficial.
Remember, it's crucial to secure the support of local government and community members.
what kind of community benefits?
Community benefits that might persuade the local body to consider a further extension could include:
- Job creation or job training programs
- Affordable housing
- Local infrastructure improvements
- Environmental sustainability efforts
- Support for local schools or community programs.
my client is not affordable housing anymore
In New Jersey, if affordable housing is no longer an option, you can explore other community benefits like:
- Local job creation
- Environmental sustainability initiatives
- Infrastructure enhancements
- Supporting local schools or community programs
Remember, the goal is to showcase how the extension would add value to the community.