Relates to increasing the amount of the childcare center tax abatement for certain properties in a city having a population of one million or more for abatements taken in a tax year commencing on or after July first, two thousand twenty-five; provides that no such childcare center tax abatement shall be authorized for any tax year commencing on or after July first, two thousand thirty-two; extends the deadline for application for such childcare center tax abatement to March fifteenth, two thousand twenty-seven.
STATE OF NEW YORK
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8028
2025-2026 Regular Sessions
IN ASSEMBLY
April 22, 2025
___________
Introduced by M. of A. HEVESI -- read once and referred to the Committee
on Real Property Taxation
AN ACT to amend the real property tax law, in relation to increasing the
amount of the childcare center tax abatement for certain properties in
a city having a population of one million or more
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraphs (a), (b) and (c) of subdivision 2 of section
2 499-bbbbb of the real property tax law, as added by section 1 of part HH
3 of chapter 59 of the laws of 2022, are amended to read as follows:
4 (a) (i) Beginning in the tax year commencing on or after July first,
5 two thousand twenty-three, the amount of such tax abatement provided to
6 an eligible building described in subdivision one of this section shall
7 be equal to the costs incurred in the construction, conversion, alter-
8 ation or improvement that has resulted in the creation of a premises of
9 a childcare center or in an increase in the maximum number of children
10 allowed on the premises of an existing childcare center, provided that
11 such costs are certified in accordance with paragraph (d) of subdivision
12 two of section four hundred ninety-nine-ccccc of this title, and
13 provided further that, during the abatement period[,]: (A) the amount of
14 such abatement shall not exceed thirty-five dollars for each square foot
15 of the premises, nor exceed one hundred thousand dollars, for a tax
16 abatement initially taken in a tax year commencing prior to July first,
17 two thousand twenty-five; and (B) the amount of such abatement shall not
18 exceed thirty-five dollars for each square foot of the premises, nor
19 exceed three hundred fifty thousand dollars, for a tax abatement
20 initially taken in a tax year commencing on or after July first, two
21 thousand twenty-five.
22 [(i)] (ii) For any tax year, such abatement shall not exceed seven
23 dollars for each square foot of the premises, provided that such amount
24 may be reduced as a result of an allocation of available funds for such
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11224-01-5
A. 8028 2
1 abatement pursuant to paragraph (d) of this subdivision; and provided,
2 further, that: (A) the amount of such tax abatement in any tax year
3 shall not exceed the lesser of [(A)] (I) twenty thousand dollars, or
4 [(B)] (II) the real property tax liability for the eligible building in
5 the tax year in which such tax abatement is taken, for a tax abatement
6 initially taken in a tax year commencing prior to July first, two thou-
7 sand twenty-five; and (B) the amount of a tax abatement in any tax year
8 shall not exceed the lesser of (I) seventy thousand dollars, or (II) the
9 real property tax liability for the eligible building in the tax year in
10 which such tax abatement is taken, for a tax abatement initially taken
11 in a tax year commencing on or after July first, two thousand twenty-
12 five.
13 [(ii)] (iii) To the extent the amount of such tax abatement exceeds:
14 (A) the lesser of [(A)] (I) twenty thousand dollars, or [(B)] (II) the
15 real property tax liability of the eligible building in any tax year,
16 for a tax abatement initially taken in a tax year commencing prior to
17 July first, two thousand twenty-five; or (B) the lesser of (I) seventy
18 thousand dollars, or (II) the real property tax liability of the eligi-
19 ble building in any tax year, for a tax abatement initially taken in a
20 tax year commencing on or after July first, two thousand twenty-five,
21 any amount of such tax abatement that remains may be applied to the real
22 property tax liability of such building in succeeding tax years,
23 provided that such abatement must be applied to the real property tax
24 liability of such building in one or more of the four tax years succeed-
25 ing the tax year in which such tax abatement was initially taken.
26 (b) (i) Notwithstanding paragraph (a) of this subdivision, an enhanced
27 tax abatement shall be provided to an eligible building described in
28 subdivision one of this section that is located within a childcare
29 desert as described in this title and in any rules promulgated here-
30 under. Beginning in the tax year commencing on or after July first, two
31 thousand twenty-three, the amount of such enhanced tax abatement shall
32 be equal to the costs incurred in the construction, conversion, alter-
33 ation or improvement that has resulted in the creation of a premises of
34 a childcare center or in an increase in the maximum number of children
35 allowed on the premises of an existing childcare center, provided that
36 such costs are certified in accordance with paragraph (d) of subdivision
37 two of section four hundred ninety-nine-ccccc of this title, and
38 provided further that, during the abatement period[,]: (A) the amount of
39 such abatement shall not exceed seventy-five dollars for each square
40 foot of the premises nor exceed two hundred twenty-five thousand
41 dollars, for a tax abatement initially taken in a tax year commencing
42 prior to July first, two thousand twenty-five; and (B) the amount of
43 such abatement shall not exceed seventy-five dollars for each square
44 foot of the premises nor exceed seven hundred fifty thousand dollars,
45 for a tax abatement initially taken in a tax year commencing on or after
46 July first, two thousand twenty-five.
47 [(i)] (ii) For any tax year, such abatement shall not exceed fifteen
48 dollars for each square foot of the premises, provided that such amount
49 may be reduced as a result of an allocation of available funds for such
50 abatement pursuant to paragraph (d) of this subdivision; and provided
51 further that: (A) the amount of such enhanced tax abatement in any tax
52 year shall not exceed the lesser of [(A)] (I) forty-five thousand
53 dollars, or [(B)] (II) the real property tax liability for the eligible
54 building in the tax year in which such tax abatement is taken, for a tax
55 abatement initially taken in a tax year commencing prior to July first,
56 two thousand twenty-five; and (B) the amount of such enhanced tax abate-
A. 8028 3
1 ment in any tax year shall not exceed the lesser of (I) one hundred
2 fifty thousand dollars, or (II) the real property tax liability for the
3 eligible building in the tax year in which such tax abatement is taken,
4 for a tax abatement initially taken in a tax year commencing on or after
5 July first, two thousand twenty-five.
6 [(ii)] (iii) To the extent the amount of such enhanced tax abatement
7 exceeds: (A) the lesser of [(A)] (I) forty-five thousand dollars, or
8 [(B)] (II) the real property tax liability of the eligible building in
9 any tax year, for a tax abatement initially taken in a tax year commenc-
10 ing prior to July first, two thousand twenty-five; or (B) the lesser of
11 (I) seventy thousand dollars, or (II) the real property tax liability of
12 the eligible building in any tax year, for a tax abatement initially
13 taken in a tax year commencing on or after July first, two thousand
14 twenty-five, any amount of such tax abatement that remains may be
15 applied to the real property tax liability of such building in succeed-
16 ing tax years, provided that such abatement must be applied to the real
17 property tax liability of such building in one or more of the four tax
18 years succeeding the tax year in which the tax abatement was initially
19 taken.
20 (c) Notwithstanding paragraph (a) or (b) of this subdivision, the
21 aggregate amount of tax abatements authorized pursuant to this section
22 for any tax year shall be a maximum of twenty-five million dollars. No
23 tax abatements shall be authorized pursuant to this section for any tax
24 year commencing on or after July first, two thousand [thirty]
25 thirty-two.
26 § 2. Subdivision 1 of section 499-ccccc of the real property tax law,
27 as added by section 1 of part HH of chapter 59 of the laws of 2022, is
28 amended to read as follows:
29 1. To obtain a tax abatement authorized by this title, an application
30 for tax abatement shall be filed with a designated agency no later than
31 the fifteenth of March before the tax year, commencing on the first of
32 July, for which the tax abatement authorized by this title is sought,
33 provided, however, that such application for tax abatement may not be
34 filed later than March fifteenth, two thousand [twenty-five] twenty-sev-
35 en.
36 § 3. This act shall take effect immediately and shall be deemed to
37 have been in full force and effect on and after March 15, 2025.
