Bill Text: NY A02092 | 2019-2020 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Increases the average assessed value threshold; relates to the eligibility of J-51 tax abatements to reflect cost of living adjustments.

Spectrum: Strong Partisan Bill (Democrat 11-1)

Status: (Passed) 2019-07-03 - SIGNED CHAP.72 [A02092 Detail]

Download: New_York-2019-A02092-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          2092
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 22, 2019
                                       ___________
        Introduced by M. of A. BRAUNSTEIN, BENEDETTO, MOSLEY, JAFFEE, DenDEKKER,
          COLTON,  O'DONNELL  --  Multi-Sponsored  by  --  M. of A. COOK, LALOR,
          RIVERA -- read once and referred to the  Committee  on  Real  Property
          Taxation
        AN  ACT to amend the administrative code of the city of New York and the
          real property tax law, in relation to increasing the average  assessed
          value  threshold;  and to amend the real property tax law, in relation
          to the eligibility for J-51 tax abatements
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Subparagraph  (ii)  of  paragraph  3  of subdivision d of
     2  section 11-243 of the administrative code of the city of  New  York,  as
     3  amended  by  local  law  number  49 of the city of New York for the year
     4  1993, is amended to read as follows:
     5    (ii) is owned as a condominium and is occupied  as  the  residence  or
     6  home  of  three  or  more  families  living independently of each other;
     7  provided, however, that, in addition to all other conditions  of  eligi-
     8  bility  for  the benefits of this section, except for multiple dwellings
     9  in which units have been newly created by substantial rehabilitation  of
    10  vacant buildings or conversions of non-residential buildings, the avail-
    11  ability  of  benefits  under  this  section for such multiple dwellings,
    12  buildings or structures shall  be  conditioned  on  the  following:  (a)
    13  alterations  or  improvements  to  at least one building-wide system are
    14  part of the application for benefits, and (b) (i) the assessed valuation
    15  of such multiple dwelling, building, or structure, including land, shall
    16  not exceed an average of [thirty] fifty thousand  dollars  per  dwelling
    17  unit at the time of the commencement of the alterations or improvements,
    18  and  (ii)  during the three years immediately preceding the commencement
    19  of the alterations or improvements the average per room  sale  price  of
    20  the  dwelling  units or the stock allocated to such dwelling units shall
    21  have been no greater than thirty-five percent of  the  maximum  mortgage
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02925-02-9

        A. 2092                             2
     1  amount  for  a  single  family home eligible for purchase by the Federal
     2  National Mortgage Association; provided that if less than ten percent of
     3  the dwelling units or an amount of stock less than the amount  allocable
     4  to  ten  percent  of such dwelling units was not transferred during such
     5  preceding three year period, eligibility for benefits  shall  be  condi-
     6  tioned  upon  the  multiple  dwelling,  building, or structure having an
     7  assessed valuation per dwelling unit of no more than  twenty-five  thou-
     8  sand  dollars  at  the  time  of  the commencement of the alterations or
     9  improvements. Provided, further, that such benefits shall  be  available
    10  only  for  alterations or improvements commenced on or after June first,
    11  nineteen hundred eighty-six.
    12    § 2. The opening paragraph  of  paragraph  (a)  of  subdivision  1  of
    13  section  489  of  the real property tax law, as amended by section 19 of
    14  part A of chapter 20 of the laws of 2015, is amended to read as follows:
    15    Any city to which the multiple  dwelling  law  is  applicable,  acting
    16  through  its local legislative body or other governing agency, is hereby
    17  authorized and empowered, to and including January first,  two  thousand
    18  [nineteen]  twenty-three,  to  adopt  and amend local laws or ordinances
    19  providing that any increase in assessed valuation of real property shall
    20  be exempt from taxation for local purposes, as provided herein,  to  the
    21  extent such increase results from:
    22    §  3.  The  closing  paragraph  of  subparagraph 6 of paragraph (a) of
    23  subdivision 1 of section 489 of the real property tax law, as amended by
    24  section 20 of part A of chapter 20 of the laws of 2015,  is  amended  to
    25  read as follows:
    26    Such conversion, alterations or improvements shall be completed within
    27  thirty  months after the date on which same shall be started except that
    28  such thirty month limitation shall not apply to conversions of  residen-
    29  tial  units  which are registered with the loft board in accordance with
    30  article seven-C of the multiple dwelling law  pursuant  to  subparagraph
    31  one  of  this  paragraph.  Notwithstanding  the foregoing, a sixty month
    32  period for completion shall be available for alterations or improvements
    33  undertaken by a housing development fund company organized  pursuant  to
    34  article eleven of the private housing finance law, which are carried out
    35  with  the  substantial assistance of grants, loans or subsidies from any
    36  federal, state or local governmental agency or instrumentality or  which
    37  are  carried out in a property transferred from such city if alterations
    38  and improvements are completed within seven  years  after  the  date  of
    39  transfer.  In  addition, the local housing agency is hereby empowered to
    40  grant an extension of the period of completion for any  project  carried
    41  out  with  the substantial assistance of grants, loans or subsidies from
    42  any federal, state or local governmental agency or  instrumentality,  if
    43  such  alterations or improvements are completed within sixty months from
    44  commencement of construction. Provided, further, that  such  conversion,
    45  alterations  or  improvements  shall  in any event be completed prior to
    46  June thirtieth, two  thousand  [nineteen]  twenty-three.  Exemption  for
    47  conversions,  alterations  or improvements pursuant to subparagraph one,
    48  two, three or four of this paragraph shall continue for a period not  to
    49  exceed  fourteen  years and begin no sooner than the first quarterly tax
    50  bill immediately following the completion  of  such  conversion,  alter-
    51  ations or improvements. Exemption for alterations or improvements pursu-
    52  ant  to  this  subparagraph or subparagraph five of this paragraph shall
    53  continue for a period not to exceed thirty-four years and shall begin no
    54  sooner than the first  quarterly  tax  bill  immediately  following  the
    55  completion  of such alterations or improvements. Such exemption shall be
    56  equal to the increase in the valuation which is subject to exemption  in

        A. 2092                             3
     1  full  or  proportionally under this subdivision for ten or thirty years,
     2  whichever is applicable. After such period of time, the amount  of  such
     3  exempted  assessed  valuation  of  such improvements shall be reduced by
     4  twenty  percent  in each succeeding year until the assessed value of the
     5  improvements are fully taxable.   Provided, however, exemption  for  any
     6  conversion,  alterations  or  improvements  which are aided by a loan or
     7  grant under article eight, eight-A, eleven, twelve, fifteen  or  twenty-
     8  two of the private housing finance law, section six hundred ninety-six-a
     9  or  section ninety-nine-h of the general municipal law, or section three
    10  hundred twelve of the housing act of  nineteen  hundred  sixty-four  (42
    11  U.S.C.A.  1452b),  or  the Cranston-Gonzalez national affordable housing
    12  act (42 U.S.C.A. 12701 et.  seq.), or started after July first, nineteen
    13  hundred eighty-three by a housing  development  fund  company  organized
    14  pursuant  to article eleven of the private housing finance law which are
    15  carried out with the substantial assistance of grants, loans  or  subsi-
    16  dies  from any federal, state or local governmental agency or instrumen-
    17  tality or which are carried out in a property transferred from any  city
    18  and  where alterations and improvements are completed within seven years
    19  after the date of transfer may commence at  the  beginning  of  any  tax
    20  quarter  subsequent  to  the  start  of  such conversion, alterations or
    21  improvements and prior to the completion of such conversion, alterations
    22  or improvements.
    23    § 4. Subparagraph (iv) of paragraph (c) of subdivision 17  of  section
    24  489 of the real property tax law, as added by chapter 388 of the laws of
    25  2016, is amended to read as follows:
    26    (iv)  Notwithstanding  anything  to the contrary contained herein, the
    27  assessed value limitation shall not at  any  time  exceed  [thirty-five]
    28  fifty thousand dollars.
    29    § 5. This act shall take effect immediately.
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