Bill Text: NY S06219 | 2019-2020 | General Assembly | Amended


Bill Title: Relates to wages and supplements for building service employees employed at certain properties held in the cooperative or condominium form of ownership receiving a tax abatement, affidavits certifying the payment of prevailing wages to building service workers are made public record and may be produced before a court or administrative tribunal.

Spectrum: Partisan Bill (Democrat 10-0)

Status: (Engrossed) 2019-06-20 - returned to senate [S06219 Detail]

Download: New_York-2019-S06219-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         6219--A

                               2019-2020 Regular Sessions

                    IN SENATE

                                      May 23, 2019
                                       ___________

        Introduced  by Sens. BENJAMIN, BIAGGI, SALAZAR -- read twice and ordered
          printed, and when printed to be committed to the  Committee  on  Local
          Government -- 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 wages and
          supplements for building service employees employed at certain proper-
          ties held in the cooperative or condominium form of ownership  receiv-
          ing a tax abatement

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

     1    Section 1. Subdivision 1 of section 467-a of the real property tax law
     2  is amended by adding three new paragraphs (i), (j) and (k)  to  read  as
     3  follows:
     4    (i)  "Prevailing  wage" means the rate of wages and supplemental bene-
     5  fits paid in the locality to workers in the same trade or occupation and
     6  annually determined by the comptroller in accordance with the provisions
     7  of section two hundred thirty-four of the labor law.
     8    (j) "Qualified property" means (i) a property  with  an  average  unit
     9  assessed  value of less than or equal to sixty thousand dollars; or (ii)
    10  a property with respect to which an applicant has submitted an affidavit
    11  certifying that  all  building  service  employees  employed  or  to  be
    12  employed  at  the  property shall receive the applicable prevailing wage
    13  for the duration of such property's tax abatement.
    14    (k) "Building service employee" means  any  person  who  is  regularly
    15  employed  at a building who performs work in connection with the care or
    16  maintenance of such building. "Building service employee" includes,  but
    17  is  not  limited to, watchman, guard, doorman, building cleaner, porter,
    18  handyman, janitor, gardener, groundskeeper, elevator operator and start-
    19  er, and window cleaner, but shall not include persons  regularly  sched-
    20  uled to work fewer than eight hours per week in the building.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11995-02-9

        S. 6219--A                          2

     1    §  2.  Paragraphs (f) and (g) of subdivision 2 of section 467-a of the
     2  real property tax law, paragraph (f) as amended by  chapter  97  of  the
     3  laws of 2013, paragraph (g) as added by chapter 273 of the laws of 1996,
     4  are amended and a new paragraph (i) is added to read as follows:
     5    (f)  For  purposes  of this subdivision, a qualified property shall be
     6  deemed not to  be  receiving  complete  or  partial  real  property  tax
     7  exemption  or  tax  abatement  if  the qualified property is, or certain
     8  dwelling units therein are, receiving benefits pursuant to section  four
     9  hundred,  four  hundred  two,  four hundred four, four hundred six, four
    10  hundred eight, four  hundred  ten,  four  hundred  ten-a,  four  hundred
    11  twelve,  four hundred twelve-a, four hundred sixteen, four hundred eigh-
    12  teen, four hundred twenty-a, four hundred twenty-b, four  hundred  twen-
    13  ty-five, four hundred thirty-six, four hundred fifty-eight, four hundred
    14  fifty-eight-a,  four  hundred fifty-nine-c, four hundred sixty-two, four
    15  hundred sixty-seven, four hundred sixty-seven-b,  four  hundred  ninety-
    16  nine-bbb,  or  four  hundred ninety-nine-bbbb of this article, or if the
    17  qualified property is receiving a tax abatement but not a tax  exemption
    18  pursuant to section four hundred eighty-nine of this article.
    19    (g)  If the billable assessed value of a qualified property is reduced
    20  after the assessment roll becomes final, any abatement  already  granted
    21  pursuant  to  this section shall be adjusted accordingly. The difference
    22  between the original abatement  and  the  adjusted  abatement  shall  be
    23  deducted from any credit otherwise due.
    24    (i)  Notwithstanding any other provision of this section, beginning in
    25  the fiscal year commencing in  calendar  year  two  thousand  twenty  no
    26  dwelling  unit  in  a  property other than a qualified property shall be
    27  eligible to receive a tax abatement under this section.
    28    § 3. Paragraph (d) of subdivision 3 of section 467-a of the real prop-
    29  erty tax law, as added by chapter 273 of the laws of 1996, is amended to
    30  read as follows:
    31    (d) The commissioner of finance shall determine the form of the appli-
    32  cation and the information  which  it  shall  contain.  The  information
    33  contained in the application shall be provided with respect to the qual-
    34  ified  property  as  of  the  taxable status date for the fiscal year to
    35  which the application relates. Such information shall include, but  need
    36  not be limited to:
    37    (i)  physical  data,  such as a description of the qualified property,
    38  stating the number of stories, the number of dwelling  and  non-dwelling
    39  units,  unit designations with their locations, approximate area of each
    40  unit, number of rooms in each unit, common  interest  of  or  number  of
    41  shares allocated to each unit, and the total number of shares in a coop-
    42  erative apartment corporation;
    43    (ii)  the  names  and social security or tax identification numbers of
    44  owners of all units;
    45    (iii) the names and social security or tax identification  numbers  of
    46  sponsors owning units; and
    47    (iv)  the  name  and  address of the person designated by the board of
    48  directors or board of managers for receipt of notices issued pursuant to
    49  this section.
    50    § 4. Subdivisions 4, 7 and 8 of section 467-a of the real property tax
    51  law, subdivision 4 as amended by chapter 453 of the laws of 2011, subdi-
    52  vision 7 as amended by chapter 4 of the laws of 2013 and  subdivision  8
    53  as  separately amended by sections 11 and 19 of chapter 4 of the laws of
    54  2013, are amended to read as follows:
    55    4. Except in accordance with proper judicial  order  or  as  otherwise
    56  provided by law, neither the commissioner of finance, nor any officer or

        S. 6219--A                          3

     1  employee of a department of finance of a city having a population of one
     2  million  or  more,  nor any person who, pursuant to this subdivision, is
     3  authorized to inspect the application or statements in connection there-
     4  with required by this section, shall disclose or make known the contents
     5  of any such application or statements. Except as provided in this subdi-
     6  vision, the officers charged with the custody of any such application or
     7  statements  shall  not  be  required  to  produce  them in any action or
     8  proceeding in any court or before any administrative tribunal,  but  any
     9  such  application or statements may be produced on behalf of the depart-
    10  ment of finance.   An affidavit certifying  that  all  building  service
    11  employees  employed  or  to  be employed at the qualified property shall
    12  receive the applicable prevailing wage may be produced in any action  or
    13  proceeding  in  any  court  or  before any administrative tribunal. Such
    14  affidavit shall be considered a public record. Nothing in this  subdivi-
    15  sion  shall  be construed to prohibit delivery to an owner of a dwelling
    16  unit of a qualified property situated in a city having a  population  of
    17  one  million or more of a copy of any application or statements pertain-
    18  ing to such dwelling unit, upon request and with personally  identifying
    19  information  redacted. Nothing in this subdivision shall be construed to
    20  prohibit the delivery of a certified copy of  any  such  application  or
    21  statements  to  the  United States of America or any department thereof,
    22  the state of New York or any department thereof,  or  a  city  having  a
    23  population  of  one  million or more or any department thereof, provided
    24  any such application or statements are required for  official  business;
    25  nor  to prohibit the inspection for official business of any such appli-
    26  cation or statements by the tax commission of a city having a population
    27  of one million or more, or by the corporation  counsel  or  other  legal
    28  representative  of a city having a population of one million or more, or
    29  by any person engaged or retained by the department  of  finance  on  an
    30  independent  contract  basis; nor to prohibit the publication of statis-
    31  tics so classified as to prevent the identification  of  any  particular
    32  application  or statements. The foregoing provisions of this subdivision
    33  prohibiting disclosure of the contents  of  applications  or  statements
    34  shall  not  apply  to  physical  data relating to the qualified property
    35  described therein.
    36    7. The commissioner of finance shall be authorized to promulgate rules
    37  necessary to effectuate the purposes of  this  section.  Notwithstanding
    38  any  other provision of law to the contrary, such rules may include, but
    39  need not be limited to, denial, termination or revocation of any  abate-
    40  ment  pursuant  to this section if building service workers are not paid
    41  the prevailing wage or if any dwelling unit in a qualified property held
    42  in the condominium form of ownership or a qualified property held in the
    43  cooperative form of ownership has real property taxes, water  and  sewer
    44  charges,  payments  in  lieu of taxes or other municipal charges due and
    45  owing, unless  such  real  property  taxes,  water  and  sewer  charges,
    46  payments in lieu of taxes or other municipal charges are currently being
    47  paid  in  timely  installments  pursuant to a written agreement with the
    48  department of finance or other appropriate agency.
    49    8. Except to the extent that the owner of a dwelling unit of a  quali-
    50  fied  property  situated in a city having a population of one million or
    51  more may request a  redacted  copy  of  any  application  or  statements
    52  pertaining  to  such  dwelling  unit, as provided in subdivision four of
    53  this section, the information contained in applications or statements in
    54  connection therewith filed with the commissioner of finance pursuant  to
    55  subdivision three, three-a, three-b, three-c, three-d or three-e of this

        S. 6219--A                          4

     1  section  shall  not  be  subject  to disclosure under article six of the
     2  public officers law.
     3    § 5. This act shall take effect immediately.
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