A01931 Summary:

BILL NOA01931
 
SAME ASNo Same As
 
SPONSORRosenthal L
 
COSPNSR
 
MLTSPNSR
 
Rpld 421-a, amd 421-m, 467-e & 489, RPT L; rpld 11-245, 11-245.1, 11-245.1-a & 11-245.1-b, amd 6-130, 11-239 & 26-901, NYC Ad Cd; amd 654-d, Priv Hous Fin L
 
Relates to the affordable New York housing program and makes necessary technical and conforming changes relating thereto.
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A01931 Actions:

BILL NOA01931
 
01/13/2021referred to real property taxation
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A01931 Committee Votes:

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A01931 Floor Votes:

There are no votes for this bill in this legislative session.
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A01931 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1931
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 13, 2021
                                       ___________
 
        Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
          Committee on Real Property Taxation
 
        AN ACT to repeal section 421-a of the real property tax law, relating to
          the affordable New York housing program; to amend  the  real  property
          tax  law,  the  administrative  code  of the city of New York, and the
          private housing finance law, in relation to making necessary technical
          and conforming changes; and to repeal certain sections of the adminis-
          trative code of the city of New York relating thereto
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 421-a of the real property tax law is REPEALED.
     2    § 2. Section 11-245 of the administrative code of the city of New York
     3  is REPEALED.
     4    §  3.  Section  11-245.1 of the administrative code of the city of New
     5  York is REPEALED.
     6    § 4. Section 11-245.1-a of the administrative code of the city of  New
     7  York is REPEALED.
     8    §  5. Section 11-245.1-b of the administrative code of the city of New
     9  York is REPEALED.
    10    § 6. The thirteenth undesignated paragraph of subdivision a of section
    11  6-130 of the administrative code of the city of New York, as amended  by
    12  local  law  number  212  of  the  city of New York for the year 2019, is
    13  amended to read as follows:
    14    "Lease" means any agreement whereby  a  contracting  agency  contracts
    15  for,  or  leases  or rents, commercial office space or commercial office
    16  facilities of 10,000 square feet or more from a non-governmental  entity
    17  provided the city, whether through a single agreement or multiple agree-
    18  ments,  leases  or  rents  no  less  than 51 percent of the total square
    19  footage of the building to which the lease applies, or if such space  or
    20  such  facility  is  entirely  located  within the geographic area in the
    21  borough of Staten Island[, or in an area not  defined  as  an  exclusion

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00832-02-1

        A. 1931                             2

     1  area pursuant to section 421-a of the real property tax law] on the date
     2  of enactment of the local law that added this section, then no less than
     3  80  percent  of  the  total  square footage of the building to which the
     4  lease  applies.  Such  agreements do not include agreements between not-
     5  for-profit organizations and a contracting agency.
     6    § 7. Subdivision 1 of section 11-239 of the administrative code of the
     7  city of New York, as amended by local law number 40 of the city  of  New
     8  York for the year 2007, is amended to read as follows:
     9    1.  For  fiscal  years beginning the first of July, two thousand three
    10  and ending the thirtieth of June, two thousand nine,  a  rebate  in  the
    11  amount of the lesser of four hundred dollars or the annual tax liability
    12  imposed  on the property shall be paid to an owner or tenant-stockholder
    13  who, as of the date the application provided for in subdivision four  of
    14  this  section  is  due,  owns  a one, two or three family residence or a
    15  dwelling unit in residential property held in the condominium or cooper-
    16  ative form of ownership that is the owner or tenant-stockholder's prima-
    17  ry residence and  meets  all  other  eligibility  requirements  of  this
    18  section.  If,  with respect to the fiscal year beginning on the first of
    19  July, two thousand eight and ending on the thirtieth of June, two  thou-
    20  sand  nine,  an increase in average real property tax rates would other-
    21  wise be necessary in the resolution of  the  city  council  fixing  real
    22  property  tax  rates  for such fiscal year pursuant to the charter, then
    23  the rebate to be paid for such fiscal year shall be  reduced  or  elimi-
    24  nated  as  follows:  where the sum to be raised by such increase is less
    25  than seven hundred fifty million dollars,  then  such  rebate  shall  be
    26  reduced by fifty cents for each dollar of increase, and where the sum to
    27  be  raised  by  such  increase is seven hundred fifty million dollars or
    28  more, then such rebate shall be eliminated. Notwithstanding anything  to
    29  the contrary in sections [four hundred twenty-one-a,] four hundred twen-
    30  ty-one-b  or  four hundred twenty-one-g of the real property tax law, an
    31  owner or tenant-stockholder whose property is receiving benefits  pursu-
    32  ant  to  such  sections  shall not be prohibited from receiving a rebate
    33  pursuant to this section if such owner or tenant-stockholder  is  other-
    34  wise  eligible  to  receive such rebate. Tenant-stockholders of dwelling
    35  units in a cooperative apartment corporation incorporated  as  a  mutual
    36  company  pursuant  to  article  two, four, five or eleven of the private
    37  housing finance law shall not be entitled to the  rebate  authorized  by
    38  this  section.  Such rebate shall be paid by the commissioner of finance
    39  to eligible owners  or  tenant-stockholders  in  accordance  with  rules
    40  promulgated by the commissioner of finance.
    41    § 8. Subdivision h of section 26-901 of the administrative code of the
    42  city  of  New  York,  as added by local law number 44 of the city of New
    43  York for the year 2012, is amended to read as follows:
    44    h. "Housing development project" means construction, rehabilitation or
    45  alteration of any residential building, residential facility or residen-
    46  tial structure by a developer (1) which creates or  preserves  at  least
    47  one  dwelling  unit;  (2)  which  is  funded in whole or in part by city
    48  financial assistance other  than  non-discretionary  tax  abatements  or
    49  benefits approved or administered in accordance with [sections 421-a or]
    50  section 489 of the New York state real property tax law or other similar
    51  programs  and  (3)  where the developer of such project was not selected
    52  more than five years prior to the effective date of  this  chapter.  The
    53  term  "housing  development project" shall not include emergency repairs
    54  performed by or on behalf of the department pursuant to section  27-2125
    55  of  this code, work performed by or on behalf of the department pursuant
    56  to section 27-2153 of this code, demolition  work  performed  by  or  on

        A. 1931                             3
 
     1  behalf of the department pursuant to articles two hundred fifteen or two
     2  hundred  sixteen  of  chapter two of title twenty-eight of this code, or
     3  work funded by the department pursuant to article  seven-a  of  the  New
     4  York state real property actions and proceedings law.
     5    §  9.  Subdivision  18 of section 654-d of the private housing finance
     6  law, as amended by chapter 703 of the laws of 1992, is amended  to  read
     7  as follows:
     8    18.  Rentals.  Notwithstanding  the  provisions  of, or any regulation
     9  promulgated pursuant to, the emergency housing  rent  control  law,  the
    10  local  emergency  housing rent control act or local law enacted pursuant
    11  thereto, all dwelling units in a multiple dwelling the rehabilitation of
    12  which commenced after July first,  nineteen  hundred  seventy-seven  and
    13  which  is  financed  by a mortgage loan insured by the subsidiary corpo-
    14  ration (including, but not limited to, mortgage loans  insured  pursuant
    15  to mortgage insurance contracts and housing insurance contracts), except
    16  for dwelling units occupied by reason of ownership of stock in a cooper-
    17  ative  and except for dwelling units that constitute condominiums, shall
    18  be subject to the rent stabilization law of nineteen hundred sixty-nine,
    19  beginning immediately after initial rents, as established under applica-
    20  ble provisions of this chapter, [section four  hundred  twenty-one-a  of
    21  the real property tax law,] section four hundred eighty-nine of the real
    22  property tax law and/or subparagraph (m) of paragraph one of subdivision
    23  g  of  section 26-405 of the administrative code of the city of New York
    24  for such dwelling units to become effective on the basis of  such  reha-
    25  bilitation,  provided that any occupant in possession of a dwelling unit
    26  that first becomes subject to the rent  stabilization  law  of  nineteen
    27  hundred  sixty-nine pursuant to this section shall be offered a two-year
    28  lease notwithstanding any contrary provisions of, or regulations adopted
    29  pursuant to, such rent stabilization law, at  the  initial  rent  estab-
    30  lished  for  such  dwelling unit and provided further that such dwelling
    31  units, other than those dwelling units, the initial rents of  which  are
    32  established  under subparagraph (m) of paragraph one of subdivision g of
    33  section 26-405 of the administrative code of the city of New York, shall
    34  remain subject to the rent stabilization  law  in  accordance  with  the
    35  provisions  of  this  chapter[, section four hundred twenty-one-a of the
    36  real property tax law] and/or section four hundred  eighty-nine  of  the
    37  real  property tax law as the case may be. Except to the extent to which
    38  dwelling units, which are controlled  under  other  provisions  of  law,
    39  become  subject to the rent stabilization law of nineteen hundred sixty-
    40  nine pursuant to the preceding sentence, no dwelling unit  shall  become
    41  subject to the rent stabilization law solely by reason of insurance of a
    42  mortgage loan by the subsidiary corporation.
    43    §  10. Subdivision 6 of section 421-m of the real property tax law, as
    44  added by section 43 of part B of chapter 97 of  the  laws  of  2011,  is
    45  amended to read as follows:
    46    6.  The exemption authorized by this section shall not be available in
    47  a jurisdiction to which the provisions of section [four hundred  twenty-
    48  one-a or] four hundred twenty-one-c of this article are applicable.
    49    §  11. Subdivision 1 of section 467-e of the real property tax law, as
    50  amended by chapter 483 of the laws  of  2007,  is  amended  to  read  as
    51  follows:
    52    1. Generally. Notwithstanding any provision of any general, special or
    53  local  law  to the contrary, any city having a population of one million
    54  or more is hereby authorized and empowered to adopt and amend local laws
    55  in accordance with this section to grant a rebate of real property taxes
    56  for fiscal years beginning on the first of July, two thousand three  and

        A. 1931                             4
 
     1  ending  on the thirtieth of June, two thousand nine in the amount of the
     2  lesser of four hundred dollars or the annual tax  liability  imposed  on
     3  the  property.  No  such  local law may be adopted unless, as originally
     4  adopted, it authorizes such rebate to be granted in accordance with this
     5  section  for  three  consecutive  fiscal years beginning with the fiscal
     6  year beginning on the first of July, two thousand three. No such  rebate
     7  shall  be granted by local law for any fiscal year beginning on or after
     8  the first of July, two thousand nine, unless the council of  such  city,
     9  in  fixing  the  annual  tax  rates for any such fiscal year, shall have
    10  uniformly reduced such rates for all classes of  property  in  order  to
    11  produce  real  property  tax relief among such classes of property in an
    12  amount not less than, in the aggregate, the aggregate amount  of  rebate
    13  paid  in such fiscal year. No such local law implementing the provisions
    14  of this section, as amended by [the] chapter four  hundred  eighty-three
    15  of  the  laws  of two thousand seven [which added this sentence], may be
    16  adopted unless, as originally adopted, such local  law  authorizes  such
    17  rebate  to  be granted in accordance with this section for three consec-
    18  utive fiscal years beginning with the fiscal year beginning on the first
    19  of July, two thousand six. Any rebate authorized by local law in accord-
    20  ance with this section shall be paid in the fiscal  year  following  the
    21  fiscal  year  for  which  the rebate is granted. If, with respect to the
    22  fiscal year of such city beginning on the first of  July,  two  thousand
    23  eight  and  ending  on  the  thirtieth  of  June,  two thousand nine, an
    24  increase in average real property tax rates would otherwise be necessary
    25  in the resolution of such city council fixing real  property  tax  rates
    26  for  such  fiscal  year  pursuant  to the charter of such city, then the
    27  rebate to be paid for such fiscal year shall be reduced or eliminated as
    28  follows: where the sum to be raised by such increase is less than  seven
    29  hundred  fifty  million  dollars,  then  such rebate shall be reduced by
    30  fifty cents for each dollar of increase, and where the sum to be  raised
    31  by  such  increase  is seven hundred fifty million dollars or more, then
    32  such rebate shall be eliminated. The determination of the  reduction  or
    33  elimination  of  such rebate shall be set forth in such resolution after
    34  consultation with the department of finance of such city and shall  take
    35  effect  upon the final adoption of such resolution. Such rebate shall be
    36  paid to an owner or tenant-stockholder who, as of the date the  applica-
    37  tion  provided  for  in  subdivision four of this section is due, owns a
    38  one, two or three family residence or a  dwelling  unit  in  residential
    39  property  held  in the condominium or cooperative form of ownership that
    40  is the owner or tenant-stockholder's primary  residence  and  meets  all
    41  other   eligibility  requirements  of  this  section.    Notwithstanding
    42  anything to the contrary in sections [four hundred  twenty-one-a,]  four
    43  hundred  twenty-one-b  or  four  hundred  twenty-one-g of this title, an
    44  owner or tenant-stockholder whose property is receiving benefits  pursu-
    45  ant  to  such  sections  shall not be prohibited from receiving a rebate
    46  pursuant to this section if such owner or tenant-stockholder  is  other-
    47  wise  eligible  to receive such rebate.  Tenant-stockholders of dwelling
    48  units in a cooperative apartment corporation incorporated  as  a  mutual
    49  company  pursuant  to  article  two, four, five or eleven of the private
    50  housing finance law shall not be entitled to the  rebate  authorized  by
    51  this  section.  Such rebate shall be paid by the commissioner of finance
    52  to eligible owners  or  tenant-stockholders  in  accordance  with  rules
    53  promulgated by the commissioner of finance.
    54    §  12.  Paragraph  (b)  of  subdivision 1-a of section 489 of the real
    55  property tax law, as added by chapter  450  of  the  laws  of  2003,  is
    56  amended to read as follows:

        A. 1931                             5
 
     1    (b)  for  tax  lots  in the city of New York now existing or hereafter
     2  created within the following area in  the  borough  of  Manhattan,  such
     3  conversions,  alterations  or improvements are aided by a grant, loan or
     4  subsidy from any federal, state  or  local  agency  or  instrumentality:
     5  beginning  at the intersection of the United States pierhead line in the
     6  Hudson river and the center line of  Chambers  street  extended,  thence
     7  easterly  to the center line of Chambers street and continuing along the
     8  center line of Chambers street to the  center  line  of  Centre  street,
     9  thence  southerly  along  the center line of Centre street to the center
    10  line of the Brooklyn Bridge to the intersection of the  Brooklyn  Bridge
    11  and  the United States pierhead line in the East river, thence northerly
    12  along the United States pierhead line in the East river  to  the  inter-
    13  section  of  the  United  States pierhead line in the East river and the
    14  center line of One Hundred Tenth street extended, thence westerly to the
    15  center line of One Hundred Tenth street and continuing along the  center
    16  line  of  One  Hundred  Tenth  street  to  its westerly terminus, thence
    17  westerly to the intersection of the center line  of  One  Hundred  Tenth
    18  street extended and the United States pierhead line in the Hudson river,
    19  thence  southerly  along  the  United States pierhead line in the Hudson
    20  river to the point of  beginning.  For  purposes  of  this  subdivision,
    21  "floor  area" shall [have the same meaning as in paragraph b of subdivi-
    22  sion one of section four hundred twenty-one-a of this  title]  mean  the
    23  horizontal  areas  of  the  several  floors  or any portion thereof of a
    24  dwelling or dwellings and accessory structures on a  lot  measured  from
    25  the  exterior  faces  of exterior walls or from the center line of party
    26  walls. Nothing in this subdivision shall be construed to  provide  bene-
    27  fits pursuant to subdivision two of this section for the costs attribut-
    28  able to the increased cubic content in any such building or structure.
    29    § 13. This act shall take effect on the first of January next succeed-
    30  ing the date on which it shall have become a law.
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