Bill Text: NY A04540 | 2019-2020 | General Assembly | Amended
Bill Title: Imposes an additional tax surcharge on certain non-primary residence class one and class two properties in a city with a population of one million or more.
Spectrum: Partisan Bill (Democrat 48-0)
Status: (Introduced - Dead) 2020-10-07 - print number 4540b [A04540 Detail]
Download: New_York-2019-A04540-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 4540--B 2019-2020 Regular Sessions IN ASSEMBLY February 4, 2019 ___________ Introduced by M. of A. GLICK, O'DONNELL, GOTTFRIED, L. ROSENTHAL, REYES, RIVERA, DINOWITZ, SIMOTAS, JEAN-PIERRE, EPSTEIN, WEPRIN, NIOU, LENTOL, RICHARDSON, CRUZ, TAYLOR, MOSLEY, STECK, QUART, SEAWRIGHT, FAHY, ORTIZ, BENEDETTO, JACOBSON, FERNANDEZ, PICHARDO, BURKE, DE LA ROSA, SIMON, BUTTENSCHON, DenDEKKER, LIFTON, BUCHWALD, SAYEGH, HUNTER, JOYNER, CARROLL, WOERNER, McDONALD, GUNTHER, RAMOS, GRIFFIN, JONES, STERN, LUPARDO -- Multi-Sponsored by -- M. of A. ARROYO, NOLAN -- read once and referred to the Committee on Real Property Taxation -- recom- mitted to the Committee on Real Property Taxation in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- again reported from said committee with amendments, ordered reprinted as amended and recommitted to said committee AN ACT to amend the real property tax law, in relation to imposing an additional tax on certain non-primary residence class one and class two properties in a city with a population of one million or more The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The real property tax law is amended by adding a new 2 section 307-b to read as follows: 3 § 307-b. Additional tax on certain non-primary residence properties in 4 a city with a population of one million or more. 1. Generally. Notwith- 5 standing any provision of any general, specific or local law to the 6 contrary, any city with a population of one million or more is hereby 7 authorized and empowered to adopt and amend local laws in accordance 8 with this section imposing an additional tax on certain residential 9 properties and dwelling units. 10 2. Definitions. As used in this section: (a) "Assessed value" means 11 the determination made by the assessors of a city having a population of 12 one million or more of the valuation of real property. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04076-09-0A. 4540--B 2 1 (b) "Assessed value attributable to a tenant-stockholder" means the 2 proportion of the assessed value of real property owned by a cooperative 3 apartment corporation, represented by a tenant-stockholder's share or 4 shares of stock in such corporation as determined by its or their 5 proportional relationship to the total outstanding stock of the corpo- 6 ration, including that owned by the corporation. 7 (c) "Commissioner of finance" means the commissioner of finance of a 8 city having a population of one million or more, or his or her designee. 9 (d) "Department of finance" means the department of finance of a city 10 having a population of one million or more. 11 (e) "Five-year average market value" shall mean the average monetary 12 value of a property for the previous five years, using a comparable 13 sale-based valuation method, as determined by the department of finance. 14 3. Additional tax. (a) A local law enacted pursuant to this section 15 may provide for a tax as follows for fiscal years beginning on or after 16 July first, two thousand twenty-one: 17 (i) For one, two or three family residences with a five-year average 18 market value of five million dollars or higher, a tax of at least one- 19 half percent and no more than four percent on the excess market value 20 above five million dollars. 21 (ii) For residential real property held in the condominium form of 22 ownership with an assessed value of three hundred thousand dollars or 23 higher, a tax of at least ten percent and no more than thirteen and 24 one-half percent of the excess assessed value above three hundred thou- 25 sand dollars. 26 (iii) For dwelling units in a property held in the cooperative form of 27 ownership with an assessed value attributable to a tenant-stockholder of 28 three hundred thousand dollars or higher, a tax of at least ten percent 29 and no more than thirteen and one-half percent of the excess assessed 30 value above three hundred thousand dollars. The additional taxes attrib- 31 utable to each tenant-stockholder shall be added by the cooperative 32 apartment corporation to the amount of such taxes otherwise payable by 33 or chargeable to such tenant-stockholder. 34 (b) Subject to the limitations established in paragraph (a) of this 35 subdivision, any such local law may establish a graduated rate schedule 36 for imposing such tax, at rates and excess value thresholds as the local 37 legislative body determines appropriate. 38 (c) Except as otherwise provided in this section, such tax may be 39 imposed, administered, collected and enforced by the commissioner of 40 finance of such city by such means and in such manner as other taxes 41 that are now imposed, administered, collected and enforced by such 42 commissioner in accordance with the charter or administrative code of 43 any such city or as otherwise may be provided by any such local law. 44 4. Exemptions. (a) A local law enacted pursuant to this section shall 45 include an exemption from the additional tax imposed for residential 46 properties or dwelling units that are: (i) the primary residence of at 47 least one owner of the property or dwelling unit; (ii) the primary resi- 48 dence of a parent or child of at least one owner of the property or 49 dwelling unit; (iii) held in the condominium or cooperative form of 50 ownership with an assessed value or assessed value attributable to a 51 tenant-stockholder of three hundred thousand dollars or higher, where 52 the owner has within the prior three years obtained an appraisal report 53 certified by a state certified real estate appraiser or authenticated by 54 a state licensed real estate appraiser, as those terms are defined in 55 section one hundred sixty-a of the executive law, showing that the resi- 56 dential property or dwelling unit has an appraised value of less thanA. 4540--B 3 1 five million dollars; or (iv) rented on a full-time basis to a tenant or 2 tenants for whom the property or dwelling unit is their primary resi- 3 dence. 4 (b) Proof that a residential property or dwelling unit is eligible for 5 an exemption provided in paragraph (a) of this subdivision shall be in 6 such form as required by local law or the rules of the commissioner of 7 finance. 8 (c) Any such local law may provide for exemptions from such tax in 9 addition to those specified in this subdivision. 10 (d) In the event that a property granted an exemption from taxation 11 pursuant to this section or local law ceases to be used in a manner 12 making the property eligible for such exemption, the owner or owners 13 shall so notify the commissioner of finance in a time, form and manner 14 as so required by local law or the rules of the commissioner. 15 5. Rules. The department of finance of any city enacting a local law 16 pursuant to this section shall have, in addition to any other functions, 17 powers and duties which have been or may be conferred on it by law, the 18 power to make and promulgate rules to carry out the purposes of this 19 section. 20 § 2. This act shall take effect immediately.
