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File #: 24-2028    Version: 1 Name: 12/16/24 Resolution to Adopt Guidelines for Poverty Exemptions
Type: Resolution Status: Passed
File created: 12/16/2024 In control: City Council
On agenda: 12/16/2024 Final action: 12/16/2024
Enactment date: 12/16/2024 Enactment #: R-24-444
Title: Resolution to Adopt the Board of Review Guidelines for Poverty Exemptions from Property Taxation of Principal Residence Pursuant to MCL 211.7u
Attachments: 1. 2025 INSTRUCTIONS FOR POVERTY EXEMPTION-MBOR.pdf, 2. 2025 Poverty Application Cover Letter.pdf, 3. 2025 Poverty Guidelines 220% FPL council review.pdf

Title

Resolution to Adopt the Board of Review Guidelines for Poverty Exemptions from Property Taxation of Principal Residence Pursuant to MCL 211.7u

Memorandum

Attached for your approval is a resolution to adopt the Board of Review Guidelines for Poverty Exemptions pursuant to MCL 211.7u. Local governing bodies may adopt guidelines that set income levels for poverty exemptions from taxes of principal residences at levels higher than the federal guidelines. MCL 211.7u also requires local governing bodies to identify in their guidelines, specific income and asset level limitations of both the applicant and the household (“asset test”). 

 

Approval of the revised Board of Review Guidelines (which are attached) will further define the definition of a Poverty Exemption, maintain the existing maximum $50,000.00 asset level test and continue to set the income limits not to exceed 2.20 times the U.S. Department of Health and Human Services for each person in the household, which is annually published by the Michigan State Tax Commission. If Council approves the revision, the Board of Review will implement the changes for the 2025 tax year. 

 

Approval of the Board of Review Guidelines will establish specific reductions in taxable value for residents that qualify for a reduction in taxable value because of poverty.

                     Taxable value will be reduced by 100% if the income of a resident is equal to or less than 125% of the federal poverty level.

                     Taxable value will be reduced by 75% if the income of a resident is greater than 125% of the federal poverty level but equal to or less than 150% of the federal poverty level.

                     Taxable value will be reduced by 50% if the income of a resident is greater than 150% of the federal poverty level and equal to or less than 175% of the federal poverty level.

                     Taxable value will be reduced by 25% if the income of a resident is greater than 175% or equal to or less than 220% of the federal poverty level.

Staff

Prepared by:                     Jerry Markey, Assessor

Reviewed by:                     Kim Buselmeier, Interim CFO & Financial Services Area Administrator

Reviewed by:                     John Reiser, Senior Assistant City Attorney

Approved by:                     Milton Dohoney Jr., City Administrator

 Body

Whereas, MCL 211.7u allows the principal residences of persons who, in the judgment of the Board of Review, by reason of poverty, are unable to contribute toward the public charges be eligible for exemption in whole or in part from taxation under this act;

 

Whereas, the Governor signed into law Enrolled Senate Bill 55, Public Act 0191 of 2023 on November 11, 2023 modifying MCL 211.7u;

 

Whereas, Public Act 0191 of 2023 allows a full exemption equal to 100% reduction in taxable value for the tax year in which the exemption is granted;

 

Whereas, Public Act 0191 of 2023 allows a partial exemption equal to 75% or 50% or 25% in taxable value for the tax year in which the exemption is granted;

 

Whereas MCL 211.7u(2)(e) set the income guidelines to meet the Federal poverty income standards or alternative guidelines adopted by the governing body of the local assessing unit provided those guidelines are not less than the Federal guidelines; and

 

Whereas, The City Council last approved the series of guidelines in 2024 developed by the Ann Arbor City Assessor and Board of Review which conformed to MCL 211.7u;

 

RESOLVED, That City Council adopt the attached revised Poverty Exemption Guidelines for 2025 for the Ann Arbor Board of Review to implement, which establishes minimum poverty income levels not to exceed 2.20 times the Federal Poverty Income Standards as annually determined by the U.S. Department of Health and Human Services for each person in the household, and maintain the existing asset test of $50,000.00. These guidelines shall supersede any previously adopted Poverty Exemption Guidelines.