Add §150-a, Pub Hous L; amd §606, Tax L; add §54-n, St Fin L
Establishes the shovel-ready housing program under which certain municipalities, at their option, may pre-authorize parcels of property for the construction of housing; establishes a shovel-ready community tax rebate for taxpayers residing in municipalities that opt-in to the shovel-ready housing program; provides for annual apportionment to municipalities that have certified participation in the shovel-ready housing program.
STATE OF NEW YORK
________________________________________________________________________
2325
2025-2026 Regular Sessions
IN ASSEMBLY
January 16, 2025
___________
Introduced by M. of A. McDONALD, SIMONE, LUPARDO, JONES, ANGELINO,
JENSEN, JACOBSON, REYES, DeSTEFANO, GALLAHAN -- Multi-Sponsored by --
M. of A. DAVILA -- read once and referred to the Committee on Housing
AN ACT to amend the public housing law, the tax law and the state
finance law, in relation to establishing the shovel-ready housing
program
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The public housing law is amended by adding a new section
2 150-a to read as follows:
3 § 150-a. Shovel-ready housing program. 1. No later than one year after
4 the effective date of this section, and after consultation with munici-
5 pal governments throughout the state, the division of housing and commu-
6 nity renewal shall establish a "shovel-ready housing program" under
7 which municipalities, excluding cities with a population of over one
8 million, and planning commissions of such municipalities, if any, at
9 their option, may pre-authorize parcels of property for the construction
10 of housing.
11 2. The commissioner shall promulgate rules, regulations, and reporting
12 requirements to establish the program pursuant to subdivision one of
13 this section. Factors considered shall include, but not be limited to,
14 environmental review, permitting, and local zoning. Nothing under such
15 program shall supersede local laws. The division of housing and communi-
16 ty renewal shall annually publish on its website a list of munici-
17 palities that have opted in to participate in such program.
18 3. In order for the division of housing and community renewal to
19 certify a municipality's participation in the program under subdivision
20 one of this section, such municipality shall pre-authorize parcels
21 sufficient to increase the number of housing units in such municipality
22 by at least one per centum or a minimum of ten units, whichever is
23 greater.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01980-01-5
A. 2325 2
1 § 2. Section 606 of the tax law is amended by adding a new subsection
2 (n-3) to read as follows:
3 (n-3) Shovel-ready community tax rebate credit. (1) An individual
4 taxpayer who meets the eligibility standards in paragraph two of this
5 subsection shall be allowed a credit against the taxes imposed by this
6 article in the amount specified in paragraph three of this subsection
7 for the tax year following the year in the municipality in which such
8 individual resides being certified as participating in the shovel-ready
9 housing program established under section one hundred fifty-a of the
10 public housing law.
11 (2) To be eligible for the credit, the taxpayer (or taxpayers filing
12 joint returns) (i) shall own and primarily reside in real property
13 receiving either the STAR exemption authorized by section four hundred
14 twenty-five of the real property tax law or the school tax relief credit
15 authorized by subsection (eee) of this section, (ii) shall have had
16 qualified gross income no greater than two hundred fifty thousand
17 dollars in the tax year two thousand twenty-one, and (iii) reside in a
18 municipality that has certified participation in the shovel-ready hous-
19 ing program established under section one hundred fifty-a of the public
20 housing law.
21 (3) (i) For a taxpayer who owned and primarily resided in real proper-
22 ty receiving the basic STAR exemption or who received the basic STAR
23 credit, the amount of the credit shall equal the STAR tax savings asso-
24 ciated with such basic STAR exemption in the two thousand twenty-four--
25 two thousand twenty-five school year, multiplied by the following
26 percentage:
27 For a taxpayer whose primary residence is located outside the city of
28 New York:
29 Qualified Gross Income Percentage
30 Not over $75,000163%
31 Over $75,000 but not over $150,000115%
32 Over $150,000 but not over $200,00066%
33 Over $200,000 but not over $250,00018%
34 Over $250,000No credit
35 (ii) For a taxpayer who owned and primarily resided in real property
36 receiving the enhanced STAR exemption or who received the enhanced STAR
37 credit, the amount of the credit shall equal the STAR tax savings asso-
38 ciated with such enhanced STAR exemption in the two thousand twenty-
39 four--two thousand twenty-five school year, multiplied by sixty-six
40 percent if the taxpayer's primary residence is located outside the city
41 of New York, or one hundred ten percent if the taxpayer's primary resi-
42 dence is located within the city of New York.
43 (iii) In no case shall the amount of the credit allowed under this
44 subsection exceed the school district taxes due with respect to the
45 residence for that school year, nor shall any credit be allowed under
46 this subsection if the amount determined pursuant to this paragraph is
47 less than one hundred dollars.
48 (4) For purposes of this subsection:
49 (i) "Qualified gross income" means the adjusted gross income of the
50 qualified taxpayer for the taxable year as reported for federal income
51 tax purposes, or which would be reported as adjusted gross income if a
52 federal income tax return were required to be filed. In computing quali-
53 fied gross income, the net amount of loss reported on Federal Schedule
54 C, D, E, or F shall not exceed three thousand dollars per schedule. In
A. 2325 3
1 addition, the net amount of any other separate category of loss shall
2 not exceed three thousand dollars. The aggregate amount of all losses
3 included in computing qualified gross income shall not exceed fifteen
4 thousand dollars.
5 (ii) "STAR tax savings" means the tax savings attributable to the
6 basic or enhanced STAR exemption, whichever is applicable, within a
7 portion of a school district, as determined by the commissioner pursuant
8 to subdivision two of section thirteen hundred six-a of the real proper-
9 ty tax law.
10 (5) If the amount of the credit allowed under this subsection shall
11 exceed the taxpayer's tax for the taxable year, the excess shall be
12 treated as an overpayment of tax to be credited or refunded in accord-
13 ance with the provisions of section six hundred eighty-six of this arti-
14 cle, provided, however, that no interest shall be paid thereon. For each
15 year this credit is allowed, on or before October fifteenth of such
16 year, or as soon thereafter as is practicable, the commissioner shall
17 determine the taxpayer's eligibility for this credit utilizing the
18 information available to the commissioner on the taxpayer's personal
19 income tax return filed for the taxable year two years prior to the
20 taxable year in which the credit is allowed. For those taxpayers whom
21 the commissioner has determined eligible for this credit, the commis-
22 sioner shall advance a payment in the amount specified in paragraph
23 three of this subsection, which payment shall be issued, to the greatest
24 extent practicable, by October thirty-first of each year the credit is
25 allowed. A taxpayer who has failed to receive an advance payment that
26 such taxpayer believes was due to such taxpayer, or who has received an
27 advance payment that such taxpayer believes is less than the amount that
28 was due to such taxpayer, may request payment of the claimed deficiency
29 in a manner prescribed by the commissioner.
30 (6) A taxpayer shall not be eligible for the credit allowed under this
31 subsection if the school district taxes levied upon the residence during
32 the taxable year remain unpaid sixty days after the last date on which
33 they could have been paid without interest, or in the case of a school
34 district where such taxes are payable in installments, if such taxes
35 remain unpaid sixty days after the last date on which the final install-
36 ment could have been paid without interest. If the taxes remain unpaid
37 on such sixtieth day, the amount of credit claimed by the taxpayer under
38 this subsection or the amount of advance payment of credit received by
39 the taxpayer pursuant to paragraph five of this subsection shall be
40 added back as tax on the income tax return for the taxable year in which
41 such sixtieth day occurs.
42 (7) Only one credit per residence shall be allowed per taxable year
43 under this subsection. When two or more members of a residence are able
44 to meet the qualifications for a qualified taxpayer, the credit shall be
45 equally divided between or among such individuals. In the case of spous-
46 es who file a joint federal return but who are required to determine
47 their New York taxes separately, the credit allowed pursuant to this
48 subsection may be applied against the tax of either or divided between
49 them as they may elect.
50 § 3. The state finance law is amended by adding a new section 54-n to
51 read as follows:
52 § 54-n. Grants to shovel-ready housing municipalities. 1. Annual
53 apportionment. During each fiscal year of the state, there shall be
54 apportioned and paid to cities, towns and villages, that have certified
55 participation in the shovel-ready housing program established under
56 section one hundred fifty-a of the public housing law from moneys appro-
A. 2325 4
1 priated by the state, infrastructure grants for the support of shovel
2 ready housing municipalities. Such funding apportioned and paid to each
3 qualified municipality shall be equal to double the municipalities'
4 allotment of the consolidated local street and highway improvement
5 program (CHIPS) funds in the previous fiscal year enacted budget.
6 2. Use of funds. Grants to shovel-ready housing municipalities shall
7 be used for infrastructure purposes including, but not limited to road,
8 bridge, sewer, power generation and distribution, and broadband
9 projects. All other purposes shall be certified by the office of the
10 state comptroller to ensure funds are used for projects that facilitate
11 the construction of additional housing.
12 § 4. This act shall take effect immediately.
