Bill Text: NY S00260 | 2021-2022 | General Assembly | Amended
Bill Title: Relates to the affordable New York housing program; makes necessary technical and conforming changes relating thereto.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Introduced - Dead) 2022-02-08 - PRINT NUMBER 260A [S00260 Detail]
Download: New_York-2021-S00260-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 260--A 2021-2022 Regular Sessions IN SENATE (Prefiled) January 6, 2021 ___________ Introduced by Sens. MYRIE, HOYLMAN, KRUEGER, RIVERA, SALAZAR -- read twice and ordered printed, and when printed to be committed to the Committee on Housing, Construction and Community Development -- recom- mitted to the Committee on Housing, Construction and Community Devel- opment in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to repeal section 421-a of the real property tax law, relating to the affordable New York housing program; to amend the real property tax law, the administrative code of the city of New York, and the private housing finance law, in relation to making necessary technical and conforming changes; and to repeal certain sections of the adminis- trative code of the city of New York relating thereto The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 421-a of the real property tax law is REPEALED. 2 § 2. Section 11-245 of the administrative code of the city of New York 3 is REPEALED. 4 § 3. Section 11-245.1 of the administrative code of the city of New 5 York is REPEALED. 6 § 4. Section 11-245.1-a of the administrative code of the city of New 7 York is REPEALED. 8 § 5. Section 11-245.1-b of the administrative code of the city of New 9 York is REPEALED. 10 § 6. The thirteenth undesignated paragraph of subdivision a of section 11 6-130 of the administrative code of the city of New York, as amended by 12 local law number 212 of the city of New York for the year 2019, is 13 amended to read as follows: 14 "Lease" means any agreement whereby a contracting agency contracts 15 for, or leases or rents, commercial office space or commercial office EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02427-02-2S. 260--A 2 1 facilities of 10,000 square feet or more from a non-governmental entity 2 provided the city, whether through a single agreement or multiple agree- 3 ments, leases or rents no less than 51 percent of the total square 4 footage of the building to which the lease applies, or if such space or 5 such facility is entirely located within the geographic area in the 6 borough of Staten Island[, or in an area not defined as an exclusion7area pursuant to section 421-a of the real property tax law] on the date 8 of enactment of the local law that added this section, then no less than 9 80 percent of the total square footage of the building to which the 10 lease applies. Such agreements do not include agreements between not- 11 for-profit organizations and a contracting agency. 12 § 7. Subdivision 1 of section 11-239 of the administrative code of the 13 city of New York, as amended by local law number 40 of the city of New 14 York for the year 2007, is amended to read as follows: 15 1. For fiscal years beginning the first of July, two thousand three 16 and ending the thirtieth of June, two thousand nine, a rebate in the 17 amount of the lesser of four hundred dollars or the annual tax liability 18 imposed on the property shall be paid to an owner or tenant-stockholder 19 who, as of the date the application provided for in subdivision four of 20 this section is due, owns a one, two or three family residence or a 21 dwelling unit in residential property held in the condominium or cooper- 22 ative form of ownership that is the owner or tenant-stockholder's prima- 23 ry residence and meets all other eligibility requirements of this 24 section. If, with respect to the fiscal year beginning on the first of 25 July, two thousand eight and ending on the thirtieth of June, two thou- 26 sand nine, an increase in average real property tax rates would other- 27 wise be necessary in the resolution of the city council fixing real 28 property tax rates for such fiscal year pursuant to the charter, then 29 the rebate to be paid for such fiscal year shall be reduced or elimi- 30 nated as follows: where the sum to be raised by such increase is less 31 than seven hundred fifty million dollars, then such rebate shall be 32 reduced by fifty cents for each dollar of increase, and where the sum to 33 be raised by such increase is seven hundred fifty million dollars or 34 more, then such rebate shall be eliminated. Notwithstanding anything to 35 the contrary in sections [four hundred twenty-one-a,] four hundred twen- 36 ty-one-b or four hundred twenty-one-g of the real property tax law, an 37 owner or tenant-stockholder whose property is receiving benefits pursu- 38 ant to such sections shall not be prohibited from receiving a rebate 39 pursuant to this section if such owner or tenant-stockholder is other- 40 wise eligible to receive such rebate. Tenant-stockholders of dwelling 41 units in a cooperative apartment corporation incorporated as a mutual 42 company pursuant to article two, four, five or eleven of the private 43 housing finance law shall not be entitled to the rebate authorized by 44 this section. Such rebate shall be paid by the commissioner of finance 45 to eligible owners or tenant-stockholders in accordance with rules 46 promulgated by the commissioner of finance. 47 § 8. Subdivision h of section 26-901 of the administrative code of the 48 city of New York, as added by local law number 44 of the city of New 49 York for the year 2012, is amended to read as follows: 50 h. "Housing development project" means construction, rehabilitation or 51 alteration of any residential building, residential facility or residen- 52 tial structure by a developer (1) which creates or preserves at least 53 one dwelling unit; (2) which is funded in whole or in part by city 54 financial assistance other than non-discretionary tax abatements or 55 benefits approved or administered in accordance with [sections 421-a or56489] section four hundred eighty-nine of the [New York state] real prop-S. 260--A 3 1 erty tax law or other similar programs and (3) where the developer of 2 such project was not selected more than five years prior to the effec- 3 tive date of this chapter. The term "housing development project" shall 4 not include emergency repairs performed by or on behalf of the depart- 5 ment pursuant to section 27-2125 of this code, work performed by or on 6 behalf of the department pursuant to section 27-2153 of this code, demo- 7 lition work performed by or on behalf of the department pursuant to 8 articles two hundred fifteen or two hundred sixteen of chapter two of 9 title twenty-eight of this code, or work funded by the department pursu- 10 ant to article [seven-a] seven-A of the [New York state] real property 11 actions and proceedings law. 12 § 9. Subdivision 18 of section 654-d of the private housing finance 13 law, as amended by chapter 703 of the laws of 1992, is amended to read 14 as follows: 15 18. Rentals. Notwithstanding the provisions of, or any regulation 16 promulgated pursuant to, the emergency housing rent control law, the 17 local emergency housing rent control act or local law enacted pursuant 18 thereto, all dwelling units in a multiple dwelling the rehabilitation of 19 which commenced after July first, nineteen hundred seventy-seven and 20 which is financed by a mortgage loan insured by the subsidiary corpo- 21 ration (including, but not limited to, mortgage loans insured pursuant 22 to mortgage insurance contracts and housing insurance contracts), except 23 for dwelling units occupied by reason of ownership of stock in a cooper- 24 ative and except for dwelling units that constitute condominiums, shall 25 be subject to the rent stabilization law of nineteen hundred sixty-nine, 26 beginning immediately after initial rents, as established under applica- 27 ble provisions of this chapter, [section four hundred twenty-one-a of28the real property tax law,] section four hundred eighty-nine of the real 29 property tax law and/or subparagraph (m) of paragraph one of subdivision 30 g of section 26-405 of the administrative code of the city of New York 31 for such dwelling units to become effective on the basis of such reha- 32 bilitation, provided that any occupant in possession of a dwelling unit 33 that first becomes subject to the rent stabilization law of nineteen 34 hundred sixty-nine pursuant to this section shall be offered a two-year 35 lease notwithstanding any contrary provisions of, or regulations adopted 36 pursuant to, such rent stabilization law, at the initial rent estab- 37 lished for such dwelling unit and provided further that such dwelling 38 units, other than those dwelling units, the initial rents of which are 39 established under subparagraph (m) of paragraph one of subdivision g of 40 section 26-405 of the administrative code of the city of New York, shall 41 remain subject to the rent stabilization law in accordance with the 42 provisions of this chapter[, section four hundred twenty-one-a of the43real property tax law] and/or section four hundred eighty-nine of the 44 real property tax law as the case may be. Except to the extent to which 45 dwelling units, which are controlled under other provisions of law, 46 become subject to the rent stabilization law of nineteen hundred sixty- 47 nine pursuant to the preceding sentence, no dwelling unit shall become 48 subject to the rent stabilization law solely by reason of insurance of a 49 mortgage loan by the subsidiary corporation. 50 § 10. Subdivision 6 of section 421-m of the real property tax law, as 51 added by section 43 of part B of chapter 97 of the laws of 2011, is 52 amended to read as follows: 53 6. The exemption authorized by this section shall not be available in 54 a jurisdiction to which the provisions of section [four hundred twenty-55one-a or] four hundred twenty-one-c of this article are applicable.S. 260--A 4 1 § 11. Subdivision 1 of section 467-e of the real property tax law, as 2 amended by chapter 483 of the laws of 2007, is amended to read as 3 follows: 4 1. Generally. Notwithstanding any provision of any general, special or 5 local law to the contrary, any city having a population of one million 6 or more is hereby authorized and empowered to adopt and amend local laws 7 in accordance with this section to grant a rebate of real property taxes 8 for fiscal years beginning on the first of July, two thousand three and 9 ending on the thirtieth of June, two thousand nine in the amount of the 10 lesser of four hundred dollars or the annual tax liability imposed on 11 the property. No such local law may be adopted unless, as originally 12 adopted, it authorizes such rebate to be granted in accordance with this 13 section for three consecutive fiscal years beginning with the fiscal 14 year beginning on the first of July, two thousand three. No such rebate 15 shall be granted by local law for any fiscal year beginning on or after 16 the first of July, two thousand nine, unless the council of such city, 17 in fixing the annual tax rates for any such fiscal year, shall have 18 uniformly reduced such rates for all classes of property in order to 19 produce real property tax relief among such classes of property in an 20 amount not less than, in the aggregate, the aggregate amount of rebate 21 paid in such fiscal year. No such local law implementing the provisions 22 of this section, as amended by [the] chapter four hundred eighty-three 23 of the laws of two thousand seven [which added this sentence], may be 24 adopted unless, as originally adopted, such local law authorizes such 25 rebate to be granted in accordance with this section for three consec- 26 utive fiscal years beginning with the fiscal year beginning on the first 27 of July, two thousand six. Any rebate authorized by local law in accord- 28 ance with this section shall be paid in the fiscal year following the 29 fiscal year for which the rebate is granted. If, with respect to the 30 fiscal year of such city beginning on the first of July, two thousand 31 eight and ending on the thirtieth of June, two thousand nine, an 32 increase in average real property tax rates would otherwise be necessary 33 in the resolution of such city council fixing real property tax rates 34 for such fiscal year pursuant to the charter of such city, then the 35 rebate to be paid for such fiscal year shall be reduced or eliminated as 36 follows: where the sum to be raised by such increase is less than seven 37 hundred fifty million dollars, then such rebate shall be reduced by 38 fifty cents for each dollar of increase, and where the sum to be raised 39 by such increase is seven hundred fifty million dollars or more, then 40 such rebate shall be eliminated. The determination of the reduction or 41 elimination of such rebate shall be set forth in such resolution after 42 consultation with the department of finance of such city and shall take 43 effect upon the final adoption of such resolution. Such rebate shall be 44 paid to an owner or tenant-stockholder who, as of the date the applica- 45 tion provided for in subdivision four of this section is due, owns a 46 one, two or three family residence or a dwelling unit in residential 47 property held in the condominium or cooperative form of ownership that 48 is the owner or tenant-stockholder's primary residence and meets all 49 other eligibility requirements of this section. Notwithstanding 50 anything to the contrary in sections [four hundred twenty-one-a,] four 51 hundred twenty-one-b or four hundred twenty-one-g of this title, an 52 owner or tenant-stockholder whose property is receiving benefits pursu- 53 ant to such sections shall not be prohibited from receiving a rebate 54 pursuant to this section if such owner or tenant-stockholder is other- 55 wise eligible to receive such rebate. Tenant-stockholders of dwelling 56 units in a cooperative apartment corporation incorporated as a mutualS. 260--A 5 1 company pursuant to article two, four, five or eleven of the private 2 housing finance law shall not be entitled to the rebate authorized by 3 this section. Such rebate shall be paid by the commissioner of finance 4 to eligible owners or tenant-stockholders in accordance with rules 5 promulgated by the commissioner of finance. 6 § 12. Paragraph (b) of subdivision 1-a of section 489 of the real 7 property tax law, as added by chapter 450 of the laws of 2003, is 8 amended to read as follows: 9 (b) for tax lots in the city of New York now existing or hereafter 10 created within the following area in the borough of Manhattan, such 11 conversions, alterations or improvements are aided by a grant, loan or 12 subsidy from any federal, state or local agency or instrumentality: 13 beginning at the intersection of the United States pierhead line in the 14 Hudson river and the center line of Chambers street extended, thence 15 easterly to the center line of Chambers street and continuing along the 16 center line of Chambers street to the center line of Centre street, 17 thence southerly along the center line of Centre street to the center 18 line of the Brooklyn Bridge to the intersection of the Brooklyn Bridge 19 and the United States pierhead line in the East river, thence northerly 20 along the United States pierhead line in the East river to the inter- 21 section of the United States pierhead line in the East river and the 22 center line of One Hundred Tenth street extended, thence westerly to the 23 center line of One Hundred Tenth street and continuing along the center 24 line of One Hundred Tenth street to its westerly terminus, thence 25 westerly to the intersection of the center line of One Hundred Tenth 26 street extended and the United States pierhead line in the Hudson river, 27 thence southerly along the United States pierhead line in the Hudson 28 river to the point of beginning. For purposes of this subdivision, 29 "floor area" shall [have the same meaning as in paragraph b of subdivi-30sion one of section four hundred twenty-one-a of this title] mean the 31 horizontal areas of the several floors or any portion thereof of a 32 dwelling or dwellings and accessory structures on a lot measured from 33 the exterior faces of exterior walls or from the center line of party 34 walls. Nothing in this subdivision shall be construed to provide bene- 35 fits pursuant to subdivision two of this section for the costs attribut- 36 able to the increased cubic content in any such building or structure. 37 § 13. This act shall take effect immediately.
