STATE OF NEW YORK
________________________________________________________________________
6992
2025-2026 Regular Sessions
IN ASSEMBLY
March 18, 2025
___________
Introduced by M. of A. LASHER -- read once and referred to the Committee
on Real Property Taxation
AN ACT to amend the real property tax law, in relation to tax abatements
for building owners in a city having a population of one million or
more who complete facade repairs
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. This act shall be known and may be cited as the "RESTORE
2 Act" (Reducing Excess Scaffolding and Timely Ongoing Repair Efforts
3 Act).
4 § 2. Legislative intent. The legislature hereby finds and declares
5 that the safety of the public and the integrity of New York City's built
6 environment are critical concerns. Local law number 11 of the city of
7 New York for the year 1998 requires periodic inspections and repairs of
8 building facades to ensure the safety of buildings over six stories. In
9 recognition of the financial burden on building owners, and in an effort
10 to incentivize the timely completion of necessary repairs, this act
11 provides for a property tax abatement program for those who comply with
12 repair requirements within specified timeframes, thereby reducing unnec-
13 essary scaffolding and sidewalk sheds on city sidewalks.
14 § 3. Article 4 of the real property tax law is amended by adding a new
15 title 7 to read as follows:
16 TITLE 7
17 PROPERTY TAX ABATEMENT FOR FACADE REPAIR COMPLIANCE IN A CITY HAVING A
18 POPULATION OF ONE MILLION OR MORE
19 Section 499-hhhhh. Definitions.
20 499-iiiii. Eligibility.
21 499-jjjjj. Graduated tax abatement amounts.
22 499-kkkkk. Penalties.
23 499-lllll. Eligibility for abatement and penalties for ongoing
24 projects.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06108-02-5
A. 6992 2
1 499-mmmmm. Application process.
2 499-nnnnn. Penalty disputes.
3 § 499-hhhhh. Definitions. As used in this title:
4 1. "Covered repairs" shall mean repairs to the exterior walls of a
5 building that are either (a) required pursuant to section 28-302.5 of
6 the administrative code of the city of New York and its amendments upon
7 notification to the New York city department of buildings of an unsafe
8 condition, or (b) made in order to prevent the occurrence of an unsafe
9 condition and which, in either case, because of the building's height
10 and nature of the repairs, require the installation of a sidewalk shed
11 in accordance with subdivision 3 of section 3307.6.2 of the building
12 code of the city of New York.
13 2. "Covered building" shall mean a building that is making or has made
14 covered repairs.
15 3. "Covered building owner" shall mean the owner of a covered build-
16 ing, whether a private landlord, cooperative housing corporation, or
17 condominium association.
18 4. "Abatement calculation percentage" shall mean the percentage figure
19 used to calculate the amount of the property tax abatement provided for
20 by this title.
21 § 499-iiiii. Eligibility. A covered building owner who completes
22 covered repairs and removes all sidewalk sheds installed in connection
23 with the covered repairs within twelve months of their installation
24 shall be eligible for a property tax abatement in the tax year in which
25 covered repairs were completed and the associated sidewalk sheds were
26 removed.
27 § 499-jjjjj. Graduated tax abatement amounts. 1.(a) The abatement
28 shall be calculated by multiplying the abatement calculation percentage
29 and the lesser of:
30 (i) the cost of covered repairs; or
31 (ii) the property taxes associated with the covered building for the
32 tax year in which covered repairs were completed.
33 (b) If the completion of repairs and removal of sidewalk sheds occurs
34 within three months from the installation of sidewalk sheds, the abate-
35 ment calculation percentage shall be fifty percent.
36 2. For each additional month beyond three months up to twelve months,
37 the abatement calculation percentage shall be set in accordance with the
38 following schedule:
39 (a) four months: forty-five percent;
40 (b) five months: forty percent;
41 (c) six months: thirty-five percent;
42 (d) seven months: thirty percent;
43 (e) eight months: twenty-five percent;
44 (f) nine months: twenty percent;
45 (g) ten months: fifteen percent;
46 (h) eleven months: ten percent; and
47 (i) twelve months: five percent.
48 3. No abatement shall be provided if the completion of repairs and
49 removal of sidewalk sheds occurs more than twelve months from the
50 installation of sidewalk sheds.
51 § 499-kkkkk. Penalties. 1. A building owner who fails to complete
52 covered repairs and remove all associated sidewalk sheds within eighteen
53 months of their installation shall be subject to a property tax penalty
54 for each subsequent month until compliance is achieved.
55 2. In any tax year during which sidewalk sheds remained installed for
56 more than eighteen months in connection with covered repairs, the penal-
A. 6992 3
1 ty shall equal ten percent of property taxes otherwise due on the
2 covered building, plus an additional two percent for each additional
3 month after eighteen months that the sidewalk sheds remained installed,
4 calculated on the date of their removal or the final day of the tax year
5 if they have not been removed by that time. Notwithstanding the forego-
6 ing, the penalty shall not under any circumstances exceed twenty-five
7 percent of property taxes otherwise due on a covered building in any tax
8 year.
9 § 499-lllll. Eligibility for abatement and penalties for ongoing
10 projects. 1. Any covered repairs that are underway at the time this
11 title takes effect shall be eligible for the abatement provided under
12 this title, provided that covered repairs are completed and associated
13 sidewalk sheds are removed within the timeframes specified herein,
14 calculated using the original date on which sidewalk sheds were
15 installed even if that date is prior to the effective date of this
16 title.
17 2. For any covered repairs that have been underway for less than one
18 year as of the effective date of this title, the time elapsed prior to
19 the effective date shall not be counted toward penalty assessment under
20 this title. For such projects, the penalty period shall begin running
21 as of the effective date of this title.
22 3. For any covered repairs that have been underway for more than one
23 year as of the effective date of this title, any time exceeding one year
24 prior to the effective date shall be counted toward penalty assessment,
25 not to exceed the equivalent of eighteen months' worth of repair time,
26 and therefore no project shall be subject to a penalty for covered
27 repairs that are completed and associated sidewalk sheds removed within
28 six months of the effective date of this title.
29 § 499-mmmmm. Application process. 1. To claim a tax abatement, a
30 covered building owner must submit proof of timely compliance with the
31 requirements of this title to the New York city department of finance.
32 2. The New York city department of buildings shall provide to the New
33 York city department of finance any information necessary to administer
34 the provisions of this title.
35 3. The New York city department of finance shall promulgate any rules
36 or regulations necessary to administer the provisions of this title.
37 § 499-nnnnn. Penalty disputes. 1. A building owner may dispute an
38 assigned penalty, and the New York city department of finance shall
39 review such disputes and may waive or reduce a penalty, provided that
40 the owner can provide satisfactory evidence that the pertinent delay in
41 completing covered repairs or removing associated sidewalk sheds was the
42 result of factors outside the control of the building owner and of any
43 entities hired by the building owner to complete covered repairs. The
44 scale and scope of the repairs shall not be considered such factors.
45 2. A building owner who is dissatisfied with the decision of the New
46 York city department of finance regarding a penalty dispute may appeal
47 to the New York city tax commission within thirty days of the decision.
48 § 4. This act shall take effect immediately.
