Fact Check at Property Tax Time on 12-08-225-002 Emma’s Landing LIHTC

Most Geneva real estate property owners received their property tax bills within the last week. 

Here is what Genevans were told about property tax on Emma’s Landing – presented in a “Just the Facts” publication on July 10, 2020, by the Geneva City Council as an incontrovertible “fact.”

“Do affordable housing developments pay real estate taxes? If so, are affordable housing developments assessed at the same rate as market-rate developments?”

Affordable and market-rate developments are taxed at the same rate as determined by the Geneva Township Assessor.”

True or False?

Correct Answer: FALSE.

Parcel 12-08-225-002 is the Emma’s Landing Low Income Housing Tax Credit project on Lewis Road in Geneva. 

This morning at 5:03 am a Geneva Tax Assessor search-by-parcel returned this: There is no record for parcel 12-08-225-002. This morning at 5:04 am a Geneva Tax Assessor search-by-name “Burton Foundation” returned this: Internal Server Error.

However, a search of the property tax map yields a 2021 tax bill for Burton Foundation for parcel 12-08-225-002. The link is here: Parcel Details for 1208225002 (devnetwedge.com)

The owner is listed as “Burton Foundation” and the legal description is listed as “EMMAS LANDING PUD LT 14.” The details are:

Property Class8000 – ExemptTax CodeGE005 –Tax StatusExempt
Net Taxable Value0Tax Rate0.000000Pay TaxesPrint Tax BillTotal Tax$0.00

Here is the “Sales History:”

2021 2021K067794 Special Warranty Deed 7/2/2021 CITY OF GENEVA THE BURTON FOUNDATION $576,000.00

The Mayor signed the warranty deed authorized by the City Council by passing Ordinance 2021-03 in March 2021. That Ordinance contains a fraudulent Final Plat of Planned Unit Development. The officially recorded Plat of Survey was not signed by the owner of the property as required. The owner was the City of Geneva in March 2021. The person who certified that she was the owner was not then, nor ever, the owner.

Special Warranty Deed 2021K067794 is invalid as it is based upon a fraudulent document.

Eventually, a non-zero-dollar property tax bill will be created for Emma’s Landing, but the City Council’s “TAX FACT” will still be false, because the Council’s assertion that “Affordable and market-rate developments are taxed at the same rate as determined by the Geneva Township Assessor” is false.

LIHTC affordable housing is taxed under a totally different statute and procedure than “market rate” homes like yours and mine. Call your alderperson and ask for a detailed explanation of how this mess came about (and who benefitted?) and what is planned to correct the fraudulent basis of Emma’s LIHTC affordable housing project.

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