Peterson Plaza Preservation, L.P. v. City of Chicago Department of Finance

Circuit court, on administrative review, upheld determination of City that Plaintiffs were not entitled to real property transfer tax exemptions under Section 3-33-060(L) of Chicago Municipal Code for transfer of title to certain federally funded residential apartment buildings inside of enterprise zones. Plaintiffs operated each of their properties as affordable housing under Section 8 program. As Plaintiffs used close to 100% of the properties for tenant living space instead of for sale or provision of goods and services (i.e. for commercial or industrial purposes), they failed to meet their burden of proving that they are entitled to the exemption. (HOFFMAN and HALL, concurring.)