Bill Text: NY A08383 | 2019-2020 | General Assembly | Introduced


Bill Title: Relates to extending certain provisions relating to a partial tax abatement for residential real property held in the cooperative or condominium form of ownership in a city having a population of one million or more.

Spectrum: Moderate Partisan Bill (Democrat 6-1)

Status: (Introduced) 2019-06-20 - substituted by s6497a [A08383 Detail]

Download: New_York-2019-A08383-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          8383

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                      June 15, 2019
                                       ___________

        Introduced  by M. of A. QUART -- read once and referred to the Committee
          on Real Property Taxation

        AN ACT to amend the real property tax  law,  in  relation  to  extending
          certain provisions relating to a partial tax abatement for residential
          real property held in the cooperative or condominium form of ownership
          in a city having 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. Paragraphs (a) and (b) of subdivision 2 of section 467-a of
     2  the real property tax law, as amended by section 61 of part A of chapter
     3  20 of the laws of 2015, are amended to read as follows:
     4    (a) In a city having a population of one  million  or  more,  dwelling
     5  units  owned  by  unit  owners  who, as of the applicable taxable status
     6  date, own no more than three dwelling units in any one property held  in
     7  the  condominium  form  of  ownership,  shall  be  eligible to receive a
     8  partial abatement of real property taxes, as  set  forth  in  paragraphs
     9  (c),  (d),  (d-1), (d-2), (d-3), (d-4), (d-5) and (d-6) of this subdivi-
    10  sion; provided, however, that a property held in the condominium form of
    11  ownership that is  receiving  complete  or  partial  real  property  tax
    12  exemption or tax abatement pursuant to any other provision of this chap-
    13  ter or any other state or local law, except as provided in paragraph (f)
    14  of  this  subdivision, shall not be eligible to receive a partial abate-
    15  ment pursuant to this section;  and  provided,  further,  that  sponsors
    16  shall  not  be  eligible to receive a partial abatement pursuant to this
    17  section; and provided, further, that in the fiscal years  commencing  in
    18  calendar years two thousand twelve[, two thousand thirteen, two thousand
    19  fourteen,  two  thousand  fifteen,  two  thousand  sixteen, two thousand
    20  seventeen or two thousand eighteen] through two thousand twenty no  more
    21  than  a  maximum  of  three  dwelling units owned by any unit owner in a
    22  single building, one of which must be the primary residence of such unit

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13372-03-9

        A. 8383                             2

     1  owner, shall be eligible to receive  a  partial  abatement  pursuant  to
     2  paragraphs (d-1), (d-2), (d-3) and (d-4) of this subdivision.
     3    (b)  In  a  city  having a population of one million or more, dwelling
     4  units owned by tenant-stockholders who, as  of  the  applicable  taxable
     5  status  date,  own no more than three dwelling units in any one property
     6  held in the cooperative form of ownership, shall be eligible to  receive
     7  a  partial  abatement of real property taxes, as set forth in paragraphs
     8  (c), (d), (d-1), (d-2), (d-3), (d-4), (d-5) and (d-6) of  this  subdivi-
     9  sion; provided, however, that a property held in the cooperative form of
    10  ownership  that  is  receiving  complete  or  partial  real property tax
    11  exemption or tax abatement pursuant to any other provision of this chap-
    12  ter or any other state or local law, except as provided in paragraph (f)
    13  of this subdivision, shall not be eligible to receive a  partial  abate-
    14  ment  pursuant  to  this  section;  and provided, further, that sponsors
    15  shall not be eligible to receive a partial abatement  pursuant  to  this
    16  section;  and  provided, further, that in the fiscal years commencing in
    17  calendar years two thousand twelve[, two thousand thirteen, two thousand
    18  fourteen, two thousand  fifteen,  two  thousand  sixteen,  two  thousand
    19  seventeen  or two thousand eighteen] through two thousand twenty no more
    20  than a maximum of three dwelling units owned by  any  tenant-stockholder
    21  in a single building, one of which must be the primary residence of such
    22  tenant-stockholder,  shall  be  eligible  to receive a partial abatement
    23  pursuant to paragraphs (d-1), (d-2), (d-3) and (d-4)  of  this  subdivi-
    24  sion.  For  purposes  of this section, a tenant-stockholder of a cooper-
    25  ative apartment corporation shall be deemed to  own  the  dwelling  unit
    26  which  is represented by his or her shares of stock in such corporation.
    27  Any abatement so granted shall be credited  by  the  appropriate  taxing
    28  authority  against the tax due on the property as a whole. The reduction
    29  in real property taxes received thereby shall be credited by the cooper-
    30  ative apartment corporation against the amount of such  taxes  attribut-
    31  able to eligible dwelling units at the time of receipt.
    32    §  2.  Paragraphs  (d-1),  (d-2),  (d-3) and (d-4) of subdivision 2 of
    33  section 467-a of the real property tax law, as amended by section 62  of
    34  part  A  of  chapter  20  of  the  laws  of 2015, are amended to read as
    35  follows:
    36    (d-1) In the fiscal years commencing in calendar  years  two  thousand
    37  twelve, two thousand thirteen and two thousand fourteen, eligible dwell-
    38  ing  units in property whose average unit assessed value is less than or
    39  equal to fifty thousand dollars shall receive a partial abatement of the
    40  real property taxes attributable to or due on  such  dwelling  units  of
    41  twenty-five  percent,  twenty-six  and one-half percent and twenty-eight
    42  and one-tenth percent respectively. In the fiscal  years  commencing  in
    43  calendar years two thousand fifteen[, two thousand sixteen, two thousand
    44  seventeen  and two thousand eighteen] through two thousand twenty eligi-
    45  ble dwelling units in property whose average unit assessed value is less
    46  than or equal to fifty thousand dollars shall receive a  partial  abate-
    47  ment  of the real property taxes attributable to or due on such dwelling
    48  units of twenty-eight and one-tenth percent.
    49    (d-2) In the fiscal years commencing in calendar  years  two  thousand
    50  twelve, two thousand thirteen and two thousand fourteen, eligible dwell-
    51  ing  units  in  property  whose average unit assessed value is more than
    52  fifty thousand dollars, but less than or equal  to  fifty-five  thousand
    53  dollars,  shall  receive  a partial abatement of the real property taxes
    54  attributable to or due on such dwelling units of twenty-two and one-half
    55  percent, twenty-three and eight-tenths percent and twenty-five and  two-
    56  tenths  percent respectively. In the fiscal years commencing in calendar

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     1  years two thousand fifteen[, two thousand sixteen, two  thousand  seven-
     2  teen  and  two  thousand  eighteen] through two thousand twenty eligible
     3  dwelling units in property whose average unit  assessed  value  is  more
     4  than  fifty thousand dollars, but less than or equal to fifty-five thou-
     5  sand dollars, shall receive a partial abatement  of  the  real  property
     6  taxes  attributable  to or due on such dwelling units of twenty-five and
     7  two-tenths percent.
     8    (d-3) In the fiscal years commencing in calendar  years  two  thousand
     9  twelve, two thousand thirteen and two thousand fourteen, eligible dwell-
    10  ing  units  in  property  whose average unit assessed value is more than
    11  fifty-five thousand dollars, but less than or equal  to  sixty  thousand
    12  dollars,  shall  receive  a partial abatement of the real property taxes
    13  attributable to or due on such dwelling units of twenty  percent,  twen-
    14  ty-one  and  two-tenths  percent, and twenty-two and five-tenths percent
    15  respectively. In the fiscal years commencing in calendar years two thou-
    16  sand fifteen[, two thousand sixteen,  two  thousand  seventeen  and  two
    17  thousand  eighteen]  through two thousand twenty eligible dwelling units
    18  in property whose average unit assessed value is  more  than  fifty-five
    19  thousand  dollars,  but  less  than  or equal to sixty thousand dollars,
    20  shall receive a partial abatement of the real property  taxes  attribut-
    21  able  to  or  due  on  such dwelling units of twenty-two and five-tenths
    22  percent.
    23    (d-4) In the fiscal years commencing in calendar  years  two  thousand
    24  twelve[,  two  thousand  thirteen,  two  thousand fourteen, two thousand
    25  fifteen, two thousand sixteen, two thousand seventeen and  two  thousand
    26  eighteen]  through two thousand twenty, eligible dwelling units in prop-
    27  erty whose average unit assessed  value  is  more  than  sixty  thousand
    28  dollars  shall  receive  a  partial abatement of the real property taxes
    29  attributable to or due on such dwelling units of seventeen and  one-half
    30  percent.
    31    § 3. Paragraph (a) of subdivision 3 of section 467-a of the real prop-
    32  erty  tax  law,  as amended by section 63 of part A of chapter 20 of the
    33  laws of 2015, is amended to read as follows:
    34    (a) An application for an abatement pursuant to this section  for  the
    35  fiscal  year  commencing  in  calendar  year nineteen hundred ninety-six
    36  shall be made no later than the fifteenth  day  of  September,  nineteen
    37  hundred  ninety-six.  An  application  for an abatement pursuant to this
    38  section for the fiscal year commencing in calendar year nineteen hundred
    39  ninety-seven shall be made no later than the first day of  April,  nine-
    40  teen  hundred  ninety-seven. An application for an abatement pursuant to
    41  this section for the fiscal year commencing in  calendar  year  nineteen
    42  hundred ninety-eight shall be made no later than the first day of April,
    43  nineteen  hundred ninety-eight. An application for an abatement pursuant
    44  to this section for the fiscal year commencing in calendar year nineteen
    45  hundred ninety-nine shall be made in accordance  with  this  subdivision
    46  and subdivision three-a of this section. An application for an abatement
    47  pursuant to this section for the fiscal year commencing in calendar year
    48  two  thousand shall be made no later than the fifteenth day of February,
    49  two thousand. An application for an abatement pursuant to  this  section
    50  for  the  fiscal year commencing in calendar year two thousand one shall
    51  be made in accordance with this subdivision and subdivision  three-b  of
    52  this  section.  An application for an abatement pursuant to this section
    53  for the fiscal year commencing in calendar year two thousand  two  shall
    54  be  made  no later than the fifteenth day of February, two thousand two.
    55  An application for an abatement pursuant to this section for the  fiscal
    56  year  commencing  in  calendar  year two thousand three shall be made no

        A. 8383                             4

     1  later than the fifteenth day of February, two thousand three. An  appli-
     2  cation  for  an  abatement  pursuant to this section for the fiscal year
     3  commencing in calendar year two thousand four shall be made  in  accord-
     4  ance  with  this subdivision and subdivision three-c of this section. An
     5  application for an abatement pursuant to this  section  for  the  fiscal
     6  year  commencing  in  calendar  year  two thousand five shall be made no
     7  later than the fifteenth day of February, two thousand five. An applica-
     8  tion for an abatement pursuant to  this  section  for  the  fiscal  year
     9  commencing in calendar year two thousand six shall be made no later than
    10  the  fifteenth  day of February, two thousand six. An application for an
    11  abatement pursuant to this section for the  fiscal  year  commencing  in
    12  calendar  year  two  thousand  seven  shall  be  made  no later than the
    13  fifteenth day of February, two thousand seven. An application for abate-
    14  ment pursuant to this section for the fiscal year commencing in calendar
    15  year two thousand eight shall be made in accordance with  this  subdivi-
    16  sion  and  subdivision  three-d  of  this section. An application for an
    17  abatement pursuant to this section for the  fiscal  year  commencing  in
    18  calendar  year  two  thousand  nine  shall  be  made  no  later than the
    19  fifteenth day of February, two thousand  nine.  An  application  for  an
    20  abatement  pursuant  to  this  section for the fiscal year commencing in
    21  calendar year two thousand ten shall be made no later than the fifteenth
    22  day of February, two thousand  ten.  An  application  for  an  abatement
    23  pursuant to this section for the fiscal year commencing in calendar year
    24  two  thousand  eleven  shall  be made no later than the fifteenth day of
    25  February, two thousand eleven. An application for an abatement  pursuant
    26  to  this  section  for the fiscal years commencing in calendar years two
    27  thousand twelve and two thousand thirteen shall be  made  in  accordance
    28  with  subdivision  three-e  of  this section. The date or dates by which
    29  applications for an abatement pursuant to this section shall be made for
    30  the fiscal years beginning in calendar years two thousand fourteen[, two
    31  thousand fifteen, two thousand sixteen, two thousand seventeen  and  two
    32  thousand  eighteen]  through two thousand twenty shall be established by
    33  the commissioner of finance by rule, provided that such  date  or  dates
    34  shall  not be later than the fifteenth day of February for such calendar
    35  years.
    36    § 4. This act shall take effect immediately.
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