Bill Text: NY A01289 | 2023-2024 | General Assembly | Amended


Bill Title: Increases the cap on the real property tax exemption of capital improvements to residential buildings.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-02-27 - reported referred to ways and means [A01289 Detail]

Download: New_York-2023-A01289-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         1289--A

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 17, 2023
                                       ___________

        Introduced by M. of A. WILLIAMS -- read once and referred to the Commit-
          tee  on  Real  Property  Taxation  --  recommitted to the Committee on
          Transportation in accordance with Assembly Rule 3, sec. 2 -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee

        AN ACT to amend the real property tax law, in relation to  exemption  of
          capital improvements to residential buildings

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subparagraph (iii) of paragraph (a)  of  subdivision  2  of
     2  section  421-f  of the real property tax law, as amended by section 3 of
     3  part WW of chapter 55 of the  laws  of  2021,  is  amended  to  read  as
     4  follows:
     5    (iii)  Except  in  a  special  assessing unit that is not a city, such
     6  exemption shall be limited to [eighty] one hundred sixty-eight  thousand
     7  dollars  in increased market value, or such other sum less than [eighty]
     8  one-hundred sixty-eight thousand dollars, but not less than  five  thou-
     9  sand  dollars  as may be provided by the local law or resolution, of the
    10  property attributable to such reconstruction, alteration or  improvement
    11  and  any  increase in market value greater than such amount shall not be
    12  eligible for the exemption  pursuant  to  this  section.  In  a  special
    13  assessing  unit  that  is  not a city, the exemption shall be limited to
    14  seven hundred fifty thousand dollars in increased market value. For  the
    15  purposes of this section, the market value of the reconstruction, alter-
    16  ation  or  improvement, or new construction as authorized by subdivision
    17  one-a of this section, shall be equal to the  increased  assessed  value
    18  attributable  to  such  reconstruction,  alteration,  improvement or new
    19  construction divided by the class one ratio in a special assessing  unit
    20  or  the  most  recently  established  state equalization rate or special
    21  equalization rate in the remainder of the state, except where the  state
    22  equalization  rate  or special equalization rate equals or exceeds nine-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05596-02-4

        A. 1289--A                          2

     1  ty-five percent, in which case the increase in assessed value  attribut-
     2  able to such reconstruction, alteration, improvement or new construction
     3  shall be deemed to equal the market value of such reconstruction, alter-
     4  ation or improvement.
     5    §  2.  Subparagraph (iii) of paragraph (a) of subdivision 2 of section
     6  421-f of the real property tax law, as amended by  chapter  590  of  the
     7  laws of 1994, is amended to read as follows:
     8    (iii)  Such  exemption shall be limited to [eighty] one hundred sixty-
     9  eight thousand dollars in increased market value, or such other sum less
    10  than [eighty]  one hundred sixty-eight thousand dollars,  but  not  less
    11  than five thousand dollars as may be provided by the local law or resol-
    12  ution,  of  the property attributable to such reconstruction, alteration
    13  or improvement and any increase in market value greater than such amount
    14  shall not be eligible for the exemption pursuant to  this  section.  For
    15  the  purposes  of  this section, the market value of the reconstruction,
    16  alteration or improvement shall be equal to the increased assessed value
    17  attributable to such reconstruction, alteration or  improvement  divided
    18  by  the  class  I ratio in a special assessing unit or the most recently
    19  established state equalization rate or special equalization rate in  the
    20  remainder  of  the  state,  except  where the state equalization rate or
    21  special equalization rate equals  or  exceeds  ninety-five  percent,  in
    22  which  case  the  increase in assessed value attributable to such recon-
    23  struction, alteration or improvement shall be deemed to equal the market
    24  value of such reconstruction, alteration or improvement.
    25    § 3. This act shall take effect immediately; provided that the  amend-
    26  ments  to  subparagraph    (iii)    of paragraph (a) of subdivision 2 of
    27  section 421-f of the real property tax law made by section one  of  this
    28  act shall be subject to the expiration and reversion of such subdivision
    29  when upon such date the provisions of section two of this act shall take
    30  effect.
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