| | | (iv) Property that was owned and occupied or | | used to provide residential rental housing | | that qualified for exemption under paragraph | | A or B prior to September 1, 1993; or |
|
| | | (v) Property exempt from taxation under | | other provisions of law; and |
|
| | | (7) In addition to the requirements of subparagraphs | | (1) to (4), an exemption is not allowed under paragraph | | A or B for real or personal property owned and occupied | | or used to provide residential rental housing that is | | transferred or placed in service on or after September | | 1, 1993, unless the property is owned by a nonprofit | | housing corporation and the operation of the | | residential rental housing is not an unrelated trade or | | business to the nonprofit housing corporation. |
|
| | | For the purposes of this subparagraph, the following | | terms have the following meanings. |
|
| | | (a) "Nonprofit housing corporation" means a | | nonprofit corporation organized in the State that | | is exempt from tax under Section 501(c)(3) of the | | Code and has among its corporate purposes the | | provision of services to people of low income or | | the construction, rehabilitation, ownership or | | operation of housing. |
|
| | | (b) "Residential rental housing" means one or | | more buildings, together with any facilities | | functionally related and subordinate to the | | building or buildings, containing one or more | | similarly constructed residential units offered | | for rental to the general public for use on other | | than a transient basis, each of which contains | | separate and complete facilities for living, | | sleeping, eating, cooking and sanitation. |
|
| | | (c) "Unrelated trade or business" means any trade | | or business whose conduct is not substantially | | related to the exercise or performance by a | | nonprofit organization of the purposes | | constituting the basis for exemption under Section | | 501(c)(3) of the Code. |
|
| | | Sec. 17. 38 MRSA §488, sub-§23, as enacted by PL 2005, c. 217, §1, is | | amended to read: |
|
|