Authorizes cities having a population of one million or more to provide a rebate during a specified city fiscal year of a portion of the real property taxes on owner occupied 1, 2, 3, 4, 5 or 6 family residential real property, or residential real property held in the condominium or cooperative form of ownership.
STATE OF NEW YORK
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7212
2025-2026 Regular Sessions
IN SENATE
April 4, 2025
___________
Introduced by Sen. LANZA -- read twice and ordered printed, and when
printed to be committed to the Committee on Cities 1
AN ACT to amend the real property tax law, in relation to a rebate of
real property taxes on certain residential real property 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. The section heading of section 467-e of the real property
2 tax law, as added by section 1 of part V of chapter 60 of the laws of
3 2004, is amended to read as follows:
4 Rebate for owners or tenant-stockholders of one, two [or], three,
5 four, five or six family residences or residential property held in the
6 condominium or cooperative form of ownership in a city having a popu-
7 lation of one million or more.
8 § 2. Subdivision 1 of section 467-e of the real property tax law, as
9 amended by chapter 483 of the laws of 2007, is amended to read as
10 follows:
11 1. Generally. Notwithstanding any provision of any general, special or
12 local law to the contrary, any city having a population of one million
13 or more is hereby authorized and empowered to adopt and amend local laws
14 in accordance with this section to grant a rebate of real property taxes
15 for the fiscal years beginning on the first of July, two thousand
16 [three] twenty-three and ending on the thirtieth of June, two thousand
17 [nine] twenty-five in the amount of [the lesser of] up to four hundred
18 dollars [or] but in no case more than the annual tax liability imposed
19 on the property. [No such local law may be adopted unless, as originally
20 adopted, it authorizes such rebate to be granted in accordance with this
21 section for three consecutive fiscal years beginning with the fiscal
22 year beginning on the first of July, two thousand three. No such rebate
23 shall be granted by local law for any fiscal year beginning on or after
24 the first of July, two thousand nine, unless the council of such city,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11441-01-5
S. 7212 2
1 in fixing the annual tax rates for any such fiscal year, shall have
2 uniformly reduced such rates for all classes of property in order to
3 produce real property tax relief among such classes of property in an
4 amount not less than, in the aggregate, the aggregate amount of rebate
5 paid in such fiscal year. No such local law implementing the provisions
6 of this section, as amended by the chapter of the laws of two thousand
7 seven which added this sentence, may be adopted unless, as originally
8 adopted, such local law authorizes such rebate to be granted in accord-
9 ance with this section for three consecutive fiscal years beginning with
10 the fiscal year beginning on the first of July, two thousand six.] Any
11 rebate authorized by local law in accordance with this section shall be
12 paid in the fiscal year following the fiscal year for which the rebate
13 is granted. [If, with respect to the fiscal year of such city beginning
14 on the first of July, two thousand eight and ending on the thirtieth of
15 June, two thousand nine, an increase in average real property tax rates
16 would otherwise be necessary in the resolution of such city council
17 fixing real property tax rates for such fiscal year pursuant to the
18 charter of such city, then the rebate to be paid for such fiscal year
19 shall be reduced or eliminated as follows: where the sum to be raised by
20 such increase is less than seven hundred fifty million dollars, then
21 such rebate shall be reduced by fifty cents for each dollar of increase,
22 and where the sum to be raised by such increase is seven hundred fifty
23 million dollars or more, then such rebate shall be eliminated. The
24 determination of the reduction or elimination of such rebate shall be
25 set forth in such resolution after consultation with the department of
26 finance of such city and shall take effect upon the final adoption of
27 such resolution.] Such rebate shall be paid to an owner or tenant-stock-
28 holder who, as of the date the application provided for in subdivision
29 four of this section is due, owns a one, two [or], three, four, five or
30 six family residence or a dwelling unit in residential property held in
31 the condominium or cooperative form of ownership that is the owner or
32 tenant-stockholder's primary residence and meets all other eligibility
33 requirements of this section, unless the local legislative body provides
34 by local law that only owners or tenant-stockholders of a subset of
35 those property types are eligible to be paid the rebate. The local
36 legislative body may by local law restrict eligibility on the basis of
37 whether an owner or tenant-stockholder is receiving a particular other
38 benefit pursuant to this chapter or the private housing finance law.
39 [Notwithstanding anything to the contrary in sections four hundred twen-
40 ty-one-a, four hundred twenty-one-b or four hundred twenty-one-g of this
41 title, an owner or tenant-stockholder whose property is receiving bene-
42 fits pursuant to such sections shall not be prohibited from receiving a
43 rebate pursuant to this section if such owner or tenant-stockholder is
44 otherwise eligible to receive such rebate. Tenant-stockholders of
45 dwelling units in a cooperative apartment corporation incorporated as a
46 mutual company pursuant to article two, four, five or eleven of the
47 private housing finance law shall not be entitled to the rebate author-
48 ized by this section.] Such rebate shall be paid by the commissioner of
49 finance to eligible owners or tenant-stockholders in accordance with
50 rules promulgated by the commissioner of finance.
51 § 3. Subparagraph 1 of paragraph a of subdivision 2 of section 467-e
52 of the real property tax law, as added by section 1 of part V of chapter
53 60 of the laws of 2004, is amended to read as follows:
54 (1) the property must be a one, two [or], three, four, five or six
55 family residence or residential property held in the condominium or
56 cooperative form of ownership unless otherwise set forth in the local
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1 law adopted by the local legislative body in accordance with subdivision
2 one of this section;
3 § 4. Subparagraph 3 of paragraph a of subdivision 2 of section 467-e
4 of the real property tax law, as added by section 1 of part V of chapter
5 60 of the laws of 2004, is amended to read as follows:
6 (3) the owner must not be in arrears in the payment of real property
7 taxes in an amount in excess of twenty-five dollars for the fiscal year
8 for which the rebate is claimed and all prior fiscal years, and for
9 residential property held in the cooperative form of ownership, there
10 must be no arrears in the payment of real property taxes in an amount in
11 excess of an average of twenty-five dollars per dwelling unit in such
12 cooperative apartment corporation for the fiscal year for which the
13 rebate is claimed and all prior fiscal years, except that if the owner
14 has entered into an installment agreement with the city to address such
15 arrears and is not in default on such agreement, such owner would be
16 eligible to receive the rebate, however the amount of such rebate shall
17 first be applied to the installment agreement with any excess amount
18 provided to the owner in the form of a rebate.
19 § 5. Paragraph c of subdivision 3 of section 467-e of the real proper-
20 ty tax law, as added by section 1 of part V of chapter 60 of the laws of
21 2004, is amended to read as follows:
22 c. "Property" means a one, two [or], three, four, five or six family
23 residence or a dwelling unit in residential property held in the condo-
24 minium or cooperative form of ownership or such subset of property type
25 as set forth in the local law adopted by the local legislative body.
26 § 6. Paragraph a of subdivision 4 of section 467-e of the real proper-
27 ty tax law, as amended by chapter 483 of the laws of 2007, is amended to
28 read as follows:
29 a. Generally. Notwithstanding any provision of any general, special or
30 local law to the contrary, an application for a rebate pursuant to this
31 section for the fiscal year beginning the first of July, two thousand
32 [three] twenty-three, shall be made no later than the date published by
33 the commissioner of finance in the city record and in other appropriate
34 general notices pursuant to this subdivision, which date shall be no
35 earlier than thirty days after the effective date of this subdivision.
36 [An application for a rebate pursuant to this section for fiscal years
37 beginning on or after the first of July, two thousand four and ending on
38 the thirtieth of June, two thousand six, shall be made no later than the
39 fifteenth of March of the fiscal year for which the rebate is claimed.
40 An application for a rebate pursuant to this section for fiscal years
41 beginning on or after the first of July, two thousand six, shall be made
42 no later than the first of September following the fiscal year for which
43 the rebate is claimed.] An application for a rebate pursuant to this
44 section shall be made no later than the fifteenth of March of the fiscal
45 year for which the rebate is claimed. All owners or tenant-stockholders
46 of property who primarily reside thereon must jointly file an applica-
47 tion for the rebate on or before the application deadline, unless such
48 owners or tenant-stockholders currently receive a real property tax
49 exemption pursuant to section four hundred twenty-five, four hundred
50 fifty-eight, four hundred fifty-eight-a, four hundred fifty-nine-c or
51 four hundred sixty-seven of this title, in which case no separate appli-
52 cation for a rebate pursuant to this section shall be required. [Such]
53 The commissioner of finance may determine the manner by which such
54 application may be filed and may require that such application [may] be
55 filed by mail if it is enclosed in a postpaid envelope properly
56 addressed to the commissioner of finance, deposited in a post office or
S. 7212 4
1 official depository under the exclusive care of the United States postal
2 service, and postmarked by the United States postal service on or before
3 the application deadline or submitted online. Each such application
4 shall be made on a form prescribed by the commissioner of finance, which
5 shall require the applicant to agree to notify the commissioner of
6 finance if [his, her] such applicant or their primary residence changes
7 after receiving the rebate pursuant to this section, or after filing an
8 application for such rebate, if [his, her] such applicant or their
9 primary residence changes after filing such application, but before
10 receiving such rebate. The commissioner of finance may request that
11 proof of primary residence be submitted with the application. No rebate
12 pursuant to this section shall be granted unless the applicant, if
13 required to do so by this subdivision, files an application within the
14 time periods prescribed in this subdivision.
15 § 7. This act shall take effect immediately.
