Critics Question Tax Breaks Given to Providence Properties

Kate Nagle, GoLocal Contributor

Critics Question Tax Breaks Given to Providence Properties

The Biltmore Hotel was one of six delinquent TSAs in Providence as of January 31, 2014.
Scrutiny over tax stabilization agreements in the City of Providence is heating up, with one City Council member calling for a freeze on TSAs until a full review is done.

"There's a lot of information we should be paying into attention to....we don't have anyone in the city who's monitoring them. It's a disservice to the taxpayer," said City Council member Sabina Matos. "So I put in a resolution last week asking for the city council to call for a moratorium, to take no new obligations until we fully review the process. I'm not against TSAs, but we don't have a clear process."

At the end of January, City Auditor Matt Clarkin issued a review of tax stabilization agreements at the request of the City Council, reporting that the 36 current TSAs in Providence had a total assessed valuation of $429.4 million at end of 2012, and paid $5.2 million in taxes in 2013.

GET THE LATEST BREAKING NEWS HERE -- SIGN UP FOR GOLOCAL FREE DAILY EBLAST

SLIDES: See Current Providence Tax Stabilizations BELOW

"The residents of Providence need to be having a conversation about this. I don't think people fully understand the level of property tax breaks that have been given out over the years," said John Jacobsonn, local real estate professional, entrepreneur and RISD professor. "Everyone points fingers at nonprofits and their tax exempt status, but these [TSA] deals amount to over a hundred of million of dollars in taxpayer money over the years."

While pending TSA projects are currently awaiting approval, Jan Brodie with the I-195 Commission spoke to the importance of TSAs in attracting development to the city.

"We've had a couple of information sessions, I've taken calls from interested parties. Without exception, I'm asked what kind of incentives are there -- are there tax stabilizations," said Brodie, Executive Director of the Commission.  

Brodie continued, "It's as much important as the taxes be in proportion to income levels -- rent from office, housing -- that proportion part is critical, but so is predictability. And there is a gap, and it needs to come from somewhere. Developers and interested parties to come and understand its a partnership, but everyone got to give something -- the the state, the owners, the developers. There are no freebies."

Closer Examination, Oversight

Providence Internal Auditor Matt Clarkin provided the following graphic as to how TSAs are currently overseen.
In his report, Clarkin noted, "TSAs when used judiciously and wisely are an important tool for the city to grow its economic base," adding that the "city should have a vision on what type of projects it prefers or will consider as well as a frame of how an agreement should be structured. At the same time, the city should remain flexible enough to respond to any opportunity that might arise."

Clarkin however added that of the process at present, "Currently, no one person is responsible for the compliance monitoring of the TSAs," adding that the "Director of Planning should be responsible for the task of confirming compliance."

Of the 36 properties, six were listed as delinquencies as of January 31st including the Bitlmore Hotel -- and for the affordable housing TSAs, under the category of "20% Rentals Below Market Value," Clarkin reported that "compliance is unknown at this time."

Real estate investor and broker Ric Santurri with First Realty offered his perspective on oversight of the tax agreements.

"TSAs do have an important role in helping developers re-use buildings, and helping cities change and grow," said Santurri. "However, in a city like Providence, where so much of the property is tax exempt, there is tremendous pressures on full paying taxpayers that their interests have to be considered and protected when evaluating whether a for profit entity gets a virtual free ride on contributing their fair share of property taxes for a decade or more."

Santurri continued, "There should be a vetting committee for granting TSAs and each TSA should be evaluated periodically for compliance with all clauses in the TSA, with the reports posted for taxpayer review. If I as a full boat paying taxpayer am forced to subsidize these for profit ventures with my tax dollars, I should at least get full transparency. Providence taxpayers pay 3% higher taxes because of the existing TSAs ($10 million in lost tax revenue yearly from existing TSAs on a $330 million tax levy)."

Looking Ahead

Jacobson noted what he saw as problematic as new TSAs are being considered, in light of the financial status of the current agreements.

"One of the most shocking things is that there is a portion of these TSAs that negotiated a 5 year extension on their 10 year TSAs behind the backs of City officials with the Statehouse. These deals will finally expire in 2016. It amounted to a bailout for these properties that cost the taxpayers of Providence over 11 million dollars at a time when the City was in a financial tailspin," said Jacobson.  "It is not clear how these developments are going to absorb the property taxes into their business models in 2016 and some are seeking yet more extensions. We are talking over $200 million in commercial real estate. If these properties start to fold, the financial implications for the City and State are very serious. It calls into question, the effectiveness of how these TSAs were structured."

"To put things into perspective, according to information provided by [Clarkin], Rising Sun Mills pays only $80,535 of its $615,559 tax bill and it expires in 2016. Monahasset Mills is paying only $12,836 of its $396,300 tax bill and its TSA expires in 2016. Peerless Lofts pays $33,407 of its $438,599 and it too expires in 2016. These are just some examples," Jacobson continued. "These types of increases are difficult for investors to adjust to and will effect the people that occupy these buildings with increased fees and rents. The money has to come from somewhere. It would be unwise for the City to give these developments yet another extension as the City needs the money and enough is enough. It is a tough situation which could have been avoided by better oversight and structuring of the TSAs."

Councilwoman Matos noted that her resolution is not intended to shelve TSAs altogether, but to examine the manner in which they are chosen -- and awarded.

"I think that with all the development that's coming, we don't have a clear process, we're picking winners and losers," said Matos. "While we're granting these, our commercial tax rates are the highest -- the regular tax payer is making up the money those TSAs are not paying. We really aren't ready to take on more if we're not able to slow down what we've already granted."


Current Tax Stabilization Agreements in Providence

Enjoy this post? Share it with others.