New York State Assembly

 
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A02384 Summary:

A02384 Actions:

A02384 Committee Votes:

Committee:REAL PROPERTY TAXATION   Chair:Galef      
DATE:05/24/2016AYE/NAY:6/2  Action: Favorable refer to committee Ways and Means        
Galef
Aye
Lalor
Nay
Brennan
Excused
Palmesano
Nay
Robinson
Absent
Gunther
Aye
McDonald
Aye
Gjonaj
Aye
Pichardo
Aye
Aubry
Aye

Committee:WAYS AND MEANS   Chair:Farrell      
DATE:05/25/2016AYE/NAY:34/0  Action: Favorable         
Farrell
Aye
Oaks
Aye
Lentol
Aye
Crouch
Aye
Schimminger
Excused
Barclay
Aye
Gantt
Aye
Fitzpatrick
Aye
Weinstein
Aye
Saladino
Aye
Glick
Aye
Hawley
Aye
Nolan
Aye
Duprey
Aye
Pretlow
Aye
Corwin
Aye
Perry
Aye
Malliotakis
Aye
Colton
Aye
Walter
Aye
Cook
Aye
Cahill
Aye
Aubry
Aye
Hooper
Aye
Thiele
Aye
Wright
Aye
Cusick
Aye
Ortiz
Aye
Benedetto
Aye
Markey
Aye
Moya
Aye
Weprin
Aye
Rodriguez
Aye
Ramos
Aye
Braunstein
Aye

A02384 Floor Votes:

A02384 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         2384--A
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 16, 2015
                                       ___________
 
        Introduced  by M. of A. BARRETT -- read once and referred to the Commit-
          tee on Real Property Taxation -- recommitted 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

        AN  ACT  to  amend the real property tax law, in relation to a mixed use
          exemption program in certain villages
 
          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 485-s to read as follows:
     3    § 485-s. Mixed use exemption program for villages. 1. As used in  this
     4  section, the following terms shall have the following meanings:
     5    (a)  "Applicant" means any person obligated to pay real property taxes
     6  on the property for which an exemption from real  property  taxes  under
     7  this section is sought.
     8    (b)  "Mixed-use  property" means property with a building or structure
     9  used for both residential and commercial purposes.
    10    (c) "Person"  means  an  individual,  corporation,  limited  liability
    11  company,  partnership,  association,  agency,  trust, estate, foreign or
    12  domestic government or subdivision thereof, or other entity.
    13    2. Any village with a  population  greater  than  five  thousand  five
    14  hundred  and  less  than five thousand six hundred based upon the latest
    15  decennial census may, by local law, provide for the  exemption  of  real
    16  property from taxation as provided in this section. Upon the adoption of
    17  such  a  local law, the county and town in which such village is located
    18  may, by local law, and any school district, all  or  part  of  which  is
    19  located  in  such village, may, by resolution, exempt such property from
    20  its taxation in the same manner and to the same extent as  such  village
    21  has done.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05141-03-6
        A. 2384--A                          2
 
     1    3.  Upon the adoption of such a local law, newly constructed mixed-use
     2  property, shall be exempt from taxation and special ad valorem levies as
     3  provided for in subdivision four of this section.
     4    4.  (a)  For a period of twenty years from the approval of an applica-
     5  tion, the increase in assessed value of such  property  attributable  to
     6  such  construction  shall be exempt as provided in paragraph (b) of this
     7  subdivision. Such exemption  shall  be  computed  with  respect  to  the
     8  "exemption  base".  The exemption base shall be determined for each year
     9  in which there is an increase in assessed  value  so  attributable  from
    10  that of the previous year's assessed value.
    11    (b)  The  following  table shall illustrate the computation of the tax
    12  exemption:
    13  Year of exemption             Percentage of exemption
    14  1-2                           90% of exemption base
    15    3                           80% of exemption base
    16    4                           75% of exemption base
    17    5                           70% of exemption base
    18    6                           65% of exemption base
    19    7                           60% of exemption base
    20    8                           55% of exemption base
    21    9                           50% of exemption base
    22   10                           45% of exemption base
    23   11                           40% of exemption base
    24   12                           35% of exemption base
    25   13                           30% of exemption base
    26   14                           25% of exemption base
    27   15                           20% of exemption base
    28   16                           15% of exemption base
    29   17-18                        10% of exemption base
    30   19-20                        5% of exemption base
    31    (c) No such exemption shall be granted unless  such  construction  was
    32  commenced  subsequent  to the date on which the village's local law took
    33  effect.
    34    (d) No such exemption shall be granted concurrent with  or  subsequent
    35  to  any  other  real property tax exemption granted to the same improve-
    36  ments to real property, except, where during the period of such previous
    37  exemption, payments in lieu of taxes or other payments were made to  the
    38  local  government  in an amount that would have been equal to or greater
    39  than the amount of real property taxes that would have been paid on such
    40  improvements had such property been granted  an  exemption  pursuant  to
    41  this  section.  In such case, an exemption shall be granted for a number
    42  of years equal to the twenty year exemption  granted  pursuant  to  this
    43  section less the number of years the property would have been previously
    44  exempt from real property taxes.
    45    5.  Such exemption shall be granted only upon application by the owner
    46  of such real property on a form prescribed  by  the  commissioner.  Such
    47  application  shall be filed with the assessor on or before the appropri-
    48  ate taxable status date.
    49    6. If the assessor is satisfied that the applicant is entitled  to  an
    50  exemption pursuant to this section, he or she shall approve the applica-
    51  tion and such real property shall thereafter be exempt from taxation and
    52  special  ad  valorem  levies as provided in this section commencing with
    53  the assessment roll prepared after the taxable status date  referred  to
    54  in subdivision five of this section. The assessed value of any exemption
    55  granted pursuant to this section shall be entered by the assessor on the
        A. 2384--A                          3
 
     1  assessment  roll  with  the  taxable  property,  with  the amount of the
     2  exemption shown in a separate column.
     3    7.  A  local law or resolution adopted pursuant to this section may be
     4  repealed by the governing body of the applicable village, county,  town,
     5  or school district, provided that such repeal shall occur at least nine-
     6  ty days prior to the applicable taxable status date and provided further
     7  that  no  such local law or resolution shall repeal an exemption granted
     8  pursuant to this section until the expiration of the  period  for  which
     9  such exemption was granted.
    10    § 2. This act shall take effect immediately.