S00652 Summary:

BILL NOS00652
 
SAME ASNo Same As
 
SPONSORKENNEDY
 
COSPNSR
 
MLTSPNSR
 
Add S421-o, RPT L
 
Provides certain real property a 15% tax exemption.
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S00652 Actions:

BILL NOS00652
 
01/07/2015REFERRED TO LOCAL GOVERNMENT
01/06/2016REFERRED TO LOCAL GOVERNMENT
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S00652 Committee Votes:

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S00652 Floor Votes:

There are no votes for this bill in this legislative session.
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S00652 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           652
 
                               2015-2016 Regular Sessions
 
                    IN SENATE
 
                                       (Prefiled)
 
                                     January 7, 2015
                                       ___________
 
        Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
          printed to be committed to the Committee on Local Government
 
        AN ACT to amend the real property tax  law,  in  relation  to  providing
          certain real property a 15% tax exemption
 
          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 421-o to read as follows:
     3    §  421-o.  Exemption  of certain residential property from local taxa-
     4  tion. 1. Notwithstanding the provisions of any general, special or local
     5  law to the contrary, the local legislative body of  any  city,  town  or
     6  village  is  hereby  authorized and empowered to adopt and amend a local
     7  law to provide that real property:
     8    (a) held in condominium form of ownership;
     9    (b) that otherwise satisfies the provisions and common elements estab-
    10  lished by article nine-b of the real property law for  classifying  real
    11  property as a condominium; and
    12    (c) but for the failure of the developer or owner of such real proper-
    13  ty  to  file  the  necessary application required to obtain the separate
    14  assessment and taxation provided in section three hundred  thirty-nine-y
    15  of the real property law, may have been eligible for such assessment and
    16  taxation, shall be exempt from taxation to the extent of fifteen percent
    17  of the assessed value of such property.
    18    2.  The  exemption  from  taxation  provided  by this section shall be
    19  applicable to county, city, school, town and village taxation.
    20    3. Application for exemption must be made by the owner, or all of  the
    21  owners,  of  such  property  on a form prescribed by the commissioner of
    22  taxation and finance. The owner or owners shall file the completed  form
    23  in  the  assessor's  office on or before the appropriate taxable  status
    24  date. Provided that all eligibility criteria of this  section  are  met,
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03219-01-5

        S. 652                              2
 
     1  the  exemption shall continue in full force and effect for all appropri-
     2  ate subsequent tax years and the owner or owners of the  property  shall
     3  not be required to re-file each year.
     4    4. A local law adopted pursuant to this subdivision may be repealed by
     5  the  governing  board  of  the applicable county, city, town or village.
     6  Such repeal shall occur at least ninety days prior to the taxable status
     7  date of such county, city, town or village.
     8    5. Notwithstanding the foregoing provisions of this section, no  later
     9  than  ninety  days  before  the  taxable status date next occurring, the
    10  governing board of any county, city, town or village may adopt  a  local
    11  law  to  provide  that  no  exemption  shall be granted pursuant to this
    12  section for the purpose of taxes levied for such county, city,  town  or
    13  village.
    14    § 2. This act shall take effect immediately.
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