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S07285 Summary:

BILL NOS07285
 
SAME ASSAME AS A06770
 
SPONSORRYAN S
 
COSPNSR
 
MLTSPNSR
 
Amd §485-r, RPT L
 
Relates to expanding the applicability of the residential redevelopment inhibited property exemption to all cities, town, or villages in the state.
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S07285 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7285
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                      April 8, 2025
                                       ___________
 
        Introduced  by  Sen. S. RYAN -- 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  the  applica-
          bility  of  the residential redevelopment inhibited property exemption
          to all localities in the state

          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 485-r of the real property
     2  tax law, as added by chapter 406 of the laws of 2015, is amended to read
     3  as follows:
     4    Residential  redevelopment  inhibited  property  exemption[;   certain
     5  cities].
     6    §  2.  Subdivision 1 of section 485-r of the real property tax law, as
     7  added by chapter 406 of the laws of 2015 and paragraph (f) as amended by
     8  chapter 28 of the laws of 2016, is amended to read as follows:
     9    1. As used in this section, the following terms shall have the follow-
    10  ing meanings:
    11    (a) "Redevelopment inhibited property" shall mean a residential  prop-
    12  erty  that has been neglected or abandoned because of the local economic
    13  conditions and/or conditions on the property that inhibit such  property
    14  from being redeveloped by the private sector as described in subdivision
    15  three  of  this  section.  Redevelopment  inhibited  property  shall not
    16  include land that is undeveloped.
    17    (b) "Gap financing costs" shall mean the total cost of the  property's
    18  redevelopment  as  approved  by  the  city,  town,  or village minus the
    19  increase in the full valuation of the property upon  completion  of  the
    20  redevelopment.
    21    (c) "Base assessment" shall mean the assessed value of the property on
    22  the day the city, town, or village designates the property as redevelop-
    23  ment inhibited.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10643-01-5

        S. 7285                             2
 
     1    (d)  "Increased assessment" shall mean the assessed value of the prop-
     2  erty as determined by the assessor upon completion of the redevelopment.
     3    (e)  "Incremental  increase  in  annual property taxes" shall mean the
     4  taxes based on the increased assessment minus the  taxes  based  on  the
     5  base assessment.
     6    [(f)  "City"  shall  mean  a  city  with a population of not less than
     7  fifteen thousand two hundred fifty and not more  than  fifteen  thousand
     8  five hundred as determined by the latest federal decennial census.]
     9    §  3.  Subdivision 2 of section 485-r of the real property tax law, as
    10  added by chapter 406 of the laws of 2015, is amended to read as follows:
    11    2. A city, town, or  village  may,  by  local  law,  provide  for  the
    12  exemption  of  real  property from taxation as provided in this section.
    13  Subsequent to the adoption of such local law, the county in  which  such
    14  city,  town,  or  village  is  located may after a public hearing and by
    15  local law, and any school district, all or part of which is  located  in
    16  such  city,  town,  or village, may, by resolution, exempt such property
    17  from its taxation in the same manner and to the same extent as the city,
    18  town, or village has done.
    19    § 4. Subdivision 3 of section 485-r of the real property tax  law,  as
    20  added by chapter 406 of the laws of 2015, is amended to read as follows:
    21    3.  A local law adopted by a city, town, or village pursuant to subdi-
    22  vision two of this section shall designate  any  property  within  [the]
    23  such  city,  town,  or village's boundaries as a redevelopment inhibited
    24  property if one or more of the following are met:
    25    (a) the city, town, or village has  acquired  title  to  the  property
    26  pursuant  to  article  nineteen-A  of  the  real  property  actions  and
    27  proceedings law; or
    28    (b) the property has been continuously vacant for a period of at least
    29  three years; or
    30    (c) the county, city, town or village in which the property is located
    31  has acquired title to the property  via  foreclosure  for  unpaid  taxes
    32  pursuant to article eleven of this chapter; or
    33    (d)  the  property  has  outstanding  zoning, housing, or uniform code
    34  violations and the cost of remedying the violations exceeds the  proper-
    35  ty's value.
    36    §  5.  Subdivision 4 of section 485-r of the real property tax law, as
    37  added by chapter 406 of the laws of 2015, is amended to read as follows:
    38    4. (a) Upon the adoption of such local  law,  redevelopment  inhibited
    39  property  shall be exempt from taxation and special ad valorem levies to
    40  the extent of any increase in value attributable to  demolition,  alter-
    41  ation, rehabilitation, or remediation pursuant to the following require-
    42  ments:
    43    (i)  the  demolition,  alterations, rehabilitation, and/or remediation
    44  shall be permitted by the [city's] applicable bureau of inspection  such
    45  that  building  or  plumbing  permits issued and said demolition, alter-
    46  ations, rehabilitation, and/or remediation shall have met all  necessary
    47  approvals  per the applicable New York state uniform fire prevention and
    48  building code, the [city's] applicable municipal code and  the  [city's]
    49  applicable bureau of inspection upon completion; and
    50    (ii)  the  property  for  which  the  exemption is sought shall be [an
    51  owner-occupied one-family residence] a one to  four-unit  residence  and
    52  occupied as the primary residence of the owner or a tenant; and
    53    (iii)  the  owner of such property shall file annually an affidavit of
    54  residency with the assessor of the city, town, or village on  or  before
    55  the appropriate taxable status date [of such city], confirming continued

        S. 7285                             3
 
     1  [owner-occupancy]  occupancy of the property by the owner or a tenant as
     2  their primary residence; and
     3    (iv)  the redevelopment inhibited property is exempt from taxation and
     4  special ad valorem levies attributable to the increased assessment minus
     5  the taxes and special ad valorem levies imposed on the base  assessment.
     6  Such exemption shall not apply to special assessments.
     7    (b)  In  the  event the property granted an exemption pursuant to this
     8  section ceases to be [owner-occupied] occupied as the primary  residence
     9  of  the  owner  or tenant and/or the affidavit of residency is not filed
    10  annually for the approved exemption period, the exemption granted pursu-
    11  ant to this section shall cease.
    12    (c) In the event the property granted an exemption  pursuant  to  this
    13  section  ceases  to  be  a  [one-family]  one to four-unit dwelling, the
    14  exemption granted pursuant to this section shall cease.
    15    (d) In the event the owner of the property is convicted of a violation
    16  or misdemeanor pursuant to New York state uniform  fire  prevention  and
    17  building  code  or the [city's] applicable municipal code, the exemption
    18  granted pursuant to this section shall cease.
    19    § 6. Subdivision 6 of section 485-r of the real property tax  law,  as
    20  added by chapter 406 of the laws of 2015, is amended to read as follows:
    21    6.  (a)  Such  exemption shall be granted only upon application by the
    22  owner of such building for the residential redevelopment inhibited prop-
    23  erty exemption, on a form prescribed by the city, town, or village. Such
    24  application must be filed with  the  assessor  of  the  city,  town,  or
    25  village on or before the appropriate taxable status date [of such city].
    26  The  application  must  be filed with the assessor of the city, town, or
    27  village within three years from the date of completing  the  demolition,
    28  alterations, rehabilitation, and/or remediation.
    29    (b)  The  owner  filing for such exemption shall not be required to be
    30  the owner responsible for completing the demolition, alterations,  reha-
    31  bilitation, and/or remediation.
    32    (c)  If the assessor is satisfied that the applicant is entitled to an
    33  exemption pursuant to this section, [he  or  she]  such  assessor  shall
    34  approve  the  application  and  such  real  property shall thereafter be
    35  exempt from taxation and special ad valorem levies by the city, town, or
    36  village commencing with the assessment roll prepared after  the  taxable
    37  status  date  referred to in this subdivision. The assessed value of any
    38  exemption granted pursuant to this  section  shall  be  entered  by  the
    39  assessor  of  the city, town, or village on the assessment roll with the
    40  taxable property, with the amount of the exemption shown in  a  separate
    41  column.
    42    (d)  Once  granted,  the  residential redevelopment inhibited property
    43  exemption runs with the land for the exemption period pursuant  to  this
    44  section.
    45    §  7.  This  act shall take effect on the thirtieth day after it shall
    46  have become a law.
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