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A04972 Summary:

BILL NOA04972A
 
SAME ASSAME AS S03252-A
 
SPONSORBraunstein
 
COSPNSRBores, Seawright
 
MLTSPNSR
 
Amd 467-a, RPT L
 
Extends certain provisions relating to a partial tax abatement for residential real property held in the cooperative or condominium form of ownership in a city having a population of one million or more.
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A04972 Actions:

BILL NOA04972A
 
02/27/2023referred to real property taxation
05/16/2023reported referred to ways and means
05/17/2023reported referred to rules
05/19/2023amend and recommit to rules 4972a
05/24/2023reported
05/24/2023rules report cal.233
05/24/2023ordered to third reading rules cal.233
05/24/2023passed assembly
05/24/2023delivered to senate
05/24/2023REFERRED TO CITIES 1
05/31/2023SUBSTITUTED FOR S3252A
05/31/20233RD READING CAL.845
05/31/2023PASSED SENATE
05/31/2023RETURNED TO ASSEMBLY
06/29/2023delivered to governor
06/30/2023signed chap.147
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A04972 Committee Votes:

REAL PROPERTY TAXATION Chair:Williams DATE:05/16/2023AYE/NAY:9/0 Action: Favorable refer to committee Ways and Means
WilliamsAyeMillerAye
DickensExcusedTagueAye
RosenthalAyeSlaterAye
EichensteinAye
MamdaniAye
AlvarezAye
ShimskyAye

WAYS AND MEANS Chair:Weinstein DATE:05/17/2023AYE/NAY:34/0 Action: Favorable refer to committee Rules
WeinsteinAyeRaAye
GlickAyeFitzpatrickAye
PretlowAyeHawleyAye
ColtonAyeBlankenbushAye
CookAyeNorrisAye
AubryAyeBrabenecAye
BenedettoAyePalmesanoAye
WeprinAyeWalshAye
RamosAyeDeStefanoAye
BraunsteinAyeManktelowAye
McDonaldAyeSmullenAye
RozicAye
DinowitzAye
JoynerAye
MagnarelliAye
ZebrowskiAye
BronsonAye
DilanAye
SeawrightAye
HyndmanAye
WalkerExcused
Bichotte HermelAye
SimonAye
CruzAye

RULES Chair:Pretlow DATE:05/24/2023AYE/NAY:28/0 Action: Favorable
HeastieExcusedBarclayAye
WeinsteinAyeHawleyExcused
PretlowAyeGiglioAye
CookAyeBlankenbushAye
GlickAyeNorrisAye
AubryAyeRaAye
DinowitzAyeBrabenecAye
ColtonAyePalmesanoAye
MagnarelliAyeReillyAye
PaulinAye
Peoples-StokesAye
BenedettoAye
LavineAye
LupardoAye
ZebrowskiAye
ThieleAye
BraunsteinExcused
DickensAye
DavilaAye
HyndmanAye
RozicAye
BronsonAye

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A04972 Floor Votes:

DATE:05/24/2023Assembly Vote  YEA/NAY: 142/0
Yes
Alvarez
Yes
Carroll
Yes
Flood
Yes
Kim
Yes
Palmesano
Yes
Simpson
Yes
Anderson
Yes
Chandler-Waterm
Yes
Forrest
Yes
Lavine
Yes
Paulin
Yes
Slater
Yes
Angelino
Yes
Chang
ER
Friend
Yes
Lee
Yes
Peoples-Stokes
Yes
Smith
Yes
Ardila
Yes
Clark
Yes
Gallagher
Yes
Lemondes
Yes
Pheffer Amato
Yes
Smullen
Yes
Aubry
Yes
Colton
Yes
Gallahan
Yes
Levenberg
ER
Pirozzolo
Yes
Solages
Yes
Barclay
Yes
Conrad
Yes
Gandolfo
Yes
Lucas
Yes
Pretlow
Yes
Steck
Yes
Barrett
Yes
Cook
Yes
Gibbs
Yes
Lunsford
Yes
Ra
Yes
Stern
Yes
Beephan
Yes
Cruz
Yes
Giglio JA
Yes
Lupardo
Yes
Raga
Yes
Stirpe
Yes
Bendett
Yes
Cunningham
Yes
Giglio JM
Yes
Magnarelli
Yes
Rajkumar
Yes
Tague
Yes
Benedetto
Yes
Curran
Yes
Glick
Yes
Maher
Yes
Ramos
Yes
Tannousis
ER
Bichotte Hermel
Yes
Darling
Yes
Gonzalez-Rojas
Yes
Mamdani
Yes
Reilly
Yes
Tapia
Yes
Blankenbush
Yes
Davila
Yes
Goodell
Yes
Manktelow
Yes
Reyes
Yes
Taylor
Yes
Blumencranz
Yes
De Los Santos
Yes
Gray
ER
McDonald
Yes
Rivera
Yes
Thiele
Yes
Bores
Yes
DeStefano
Yes
Gunther
ER
McDonough
Yes
Rosenthal D
Yes
Vanel
Yes
Brabenec
Yes
Dickens
Yes ‡
Hawley
Yes
McGowan
Yes
Rosenthal L
Yes
Walker
Yes
Braunstein
Yes
Dilan
Yes
Hevesi
Yes
McMahon
Yes
Rozic
Yes
Wallace
Yes
Bronson
Yes
Dinowitz
Yes
Hunter
ER
Meeks
Yes
Santabarbara
Yes
Walsh
Yes
Brook-Krasny
Yes
DiPietro
Yes
Hyndman
Yes
Mikulin
Yes
Sayegh
Yes
Weinstein
Yes
Brown E
Yes
Durso
Yes
Jackson
Yes
Miller
Yes
Seawright
Yes
Weprin
Yes
Brown K
Yes
Eachus
Yes
Jacobson
Yes
Mitaynes
Yes
Septimo
Yes
Williams
Yes
Burdick
Yes
Eichenstein
Yes
Jean-Pierre
Yes
Morinello
Yes
Shimsky
Yes
Woerner
Yes
Burgos
Yes
Epstein
Yes
Jensen
Yes
Norris
Yes
Shrestha
Yes
Zaccaro
Yes
Burke
Yes
Fahy
Yes
Jones
Yes
Novakhov
Yes
Sillitti
Yes
Zebrowski
Yes
Buttenschon
Yes
Fall
Yes
Joyner
ER
O'Donnell
Yes
Simon
Yes
Zinerman
Yes
Byrnes
Yes
Fitzpatrick
Yes
Kelles
Yes
Otis
ER
Simone
Yes
Mr. Speaker

‡ Indicates voting via videoconference
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A04972 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         4972--A
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 27, 2023
                                       ___________
 
        Introduced  by  M.  of  A.  BRAUNSTEIN  -- read once and referred to the
          Committee on Real Property Taxation -- reported and  referred  to  the
          Committee  on  Rules  --  committee  discharged, bill amended, ordered
          reprinted as amended and recommitted to said committee
 
        AN ACT to amend the real property tax  law,  in  relation  to  extending
          certain provisions relating to a partial tax abatement for residential
          real property held in the cooperative or condominium form of ownership
          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) and (b) of subdivision 2 of section 467-a of
     2  the real property tax law, as amended by chapter  184  of  the  laws  of
     3  2021, are amended to read as follows:
     4    (a)  In  a  city  having a population of one million or more, dwelling
     5  units owned by unit owners who, as  of  the  applicable  taxable  status
     6  date,  own no more than three dwelling units in any one property held in
     7  the condominium form of  ownership,  shall  be  eligible  to  receive  a
     8  partial  abatement  of  real  property taxes, as set forth in paragraphs
     9  (c), (d), (d-1), (d-2), (d-3), (d-4), (d-5) and (d-6) of  this  subdivi-
    10  sion; provided, however, that a property held in the condominium form of
    11  ownership  that  is  receiving  complete  or  partial  real property tax
    12  exemption or tax abatement pursuant to any other provision of this chap-
    13  ter or any other state or local law, except as provided in paragraph (f)
    14  of this subdivision, shall not be eligible to receive a  partial  abate-
    15  ment  pursuant  to  this  section;  and provided, further, that sponsors
    16  shall not be eligible to receive a partial abatement  pursuant  to  this
    17  section;  and  provided, further, that in the fiscal years commencing in
    18  calendar years two thousand twelve  through  two  thousand  [twenty-two]
    19  twenty-six  no  more than a maximum of three dwelling units owned by any
    20  unit owner in a single building, one of which must be the primary  resi-
    21  dence  of such unit owner, shall be eligible to receive a partial abate-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08043-02-3

        A. 4972--A                          2
 
     1  ment pursuant to paragraphs (d-1), (d-2), (d-3) and (d-4) of this subdi-
     2  vision.
     3    (b)  In  a  city  having a population of one million or more, dwelling
     4  units owned by tenant-stockholders who, as  of  the  applicable  taxable
     5  status  date,  own no more than three dwelling units in any one property
     6  held in the cooperative form of ownership, shall be eligible to  receive
     7  a  partial  abatement of real property taxes, as set forth in paragraphs
     8  (c), (d), (d-1), (d-2), (d-3), (d-4), (d-5) and (d-6) of  this  subdivi-
     9  sion; provided, however, that a property held in the cooperative form of
    10  ownership  that  is  receiving  complete  or  partial  real property tax
    11  exemption or tax abatement pursuant to any other provision of this chap-
    12  ter or any other state or local law, except as provided in paragraph (f)
    13  of this subdivision, shall not be eligible to receive a  partial  abate-
    14  ment  pursuant  to  this  section;  and provided, further, that sponsors
    15  shall not be eligible to receive a partial abatement  pursuant  to  this
    16  section;  and  provided, further, that in the fiscal years commencing in
    17  calendar years two thousand twelve  through  two  thousand  [twenty-two]
    18  twenty-six  no  more than a maximum of three dwelling units owned by any
    19  tenant-stockholder in a single building, one of which must be the prima-
    20  ry residence of such tenant-stockholder, shall be eligible to receive  a
    21  partial  abatement  pursuant to paragraphs (d-1), (d-2), (d-3) and (d-4)
    22  of this subdivision. For purposes of this section, a  tenant-stockholder
    23  of a cooperative apartment corporation shall be deemed to own the dwell-
    24  ing  unit  which  is  represented  by his or her shares of stock in such
    25  corporation. Any abatement so granted shall be credited by the appropri-
    26  ate taxing authority against the tax due on the property as a whole. The
    27  reduction in real property taxes received thereby shall be  credited  by
    28  the  cooperative  apartment corporation against the amount of such taxes
    29  attributable to eligible dwelling units at the time of receipt.
    30    § 2. Paragraphs (d-1), (d-2), (d-3) and  (d-4)  of  subdivision  2  of
    31  section 467-a of the real property tax law, as amended by chapter 184 of
    32  the laws of 2021, are amended to read as follows:
    33    (d-1)  In  the  fiscal years commencing in calendar years two thousand
    34  twelve, two thousand thirteen and two thousand fourteen, eligible dwell-
    35  ing units in property whose average unit assessed value is less than  or
    36  equal to fifty thousand dollars shall receive a partial abatement of the
    37  real  property  taxes  attributable  to or due on such dwelling units of
    38  twenty-five percent, twenty-six and one-half  percent  and  twenty-eight
    39  and  one-tenth  percent  respectively. In the fiscal years commencing in
    40  calendar years two thousand fifteen through  two  thousand  [twenty-two]
    41  twenty-six  eligible  dwelling  units  in  property  whose  average unit
    42  assessed value is less than or equal to  fifty  thousand  dollars  shall
    43  receive  a  partial abatement of the real property taxes attributable to
    44  or due on such dwelling units of twenty-eight and one-tenth percent.
    45    (d-2) In the fiscal years commencing in calendar  years  two  thousand
    46  twelve, two thousand thirteen and two thousand fourteen, eligible dwell-
    47  ing  units  in  property  whose average unit assessed value is more than
    48  fifty thousand dollars, but less than or equal  to  fifty-five  thousand
    49  dollars,  shall  receive  a partial abatement of the real property taxes
    50  attributable to or due on such dwelling units of twenty-two and one-half
    51  percent, twenty-three and eight-tenths percent and twenty-five and  two-
    52  tenths  percent respectively. In the fiscal years commencing in calendar
    53  years two thousand fifteen through two thousand [twenty-two]  twenty-six
    54  eligible dwelling units in property whose average unit assessed value is
    55  more  than  fifty thousand dollars, but less than or equal to fifty-five
    56  thousand dollars, shall receive a partial abatement of the real property

        A. 4972--A                          3
 
     1  taxes attributable to or due on such dwelling units of  twenty-five  and
     2  two-tenths percent.
     3    (d-3)  In  the  fiscal years commencing in calendar years two thousand
     4  twelve, two thousand thirteen and two thousand fourteen, eligible dwell-
     5  ing units in property whose average unit assessed  value  is  more  than
     6  fifty-five  thousand  dollars,  but less than or equal to sixty thousand
     7  dollars, shall receive a partial abatement of the  real  property  taxes
     8  attributable  to  or due on such dwelling units of twenty percent, twen-
     9  ty-one and two-tenths percent, and twenty-two  and  five-tenths  percent
    10  respectively. In the fiscal years commencing in calendar years two thou-
    11  sand  fifteen  through  two  thousand  [twenty-two]  twenty-six eligible
    12  dwelling units in property whose average unit  assessed  value  is  more
    13  than  fifty-five thousand dollars, but less than or equal to sixty thou-
    14  sand dollars, shall receive a partial abatement  of  the  real  property
    15  taxes  attributable  to  or due on such dwelling units of twenty-two and
    16  five-tenths percent.
    17    (d-4) In the fiscal years commencing in calendar  years  two  thousand
    18  twelve  through  two thousand [twenty-two] twenty-six, eligible dwelling
    19  units in property whose average unit assessed value is more  than  sixty
    20  thousand  dollars shall receive a partial abatement of the real property
    21  taxes attributable to or due on such dwelling  units  of  seventeen  and
    22  one-half percent.
    23    § 3. Paragraph (a) of subdivision 3 of section 467-a of the real prop-
    24  erty  tax law, as amended by chapter 184 of the laws of 2021, is amended
    25  to read as follows:
    26    (a) An application for an abatement pursuant to this section  for  the
    27  fiscal  year  commencing  in  calendar  year nineteen hundred ninety-six
    28  shall be made no later than the fifteenth  day  of  September,  nineteen
    29  hundred  ninety-six.  An  application  for an abatement pursuant to this
    30  section for the fiscal year commencing in calendar year nineteen hundred
    31  ninety-seven shall be made no later than the first day of  April,  nine-
    32  teen  hundred  ninety-seven. An application for an abatement pursuant to
    33  this section for the fiscal year commencing in  calendar  year  nineteen
    34  hundred ninety-eight shall be made no later than the first day of April,
    35  nineteen  hundred ninety-eight. An application for an abatement pursuant
    36  to this section for the fiscal year commencing in calendar year nineteen
    37  hundred ninety-nine shall be made in accordance  with  this  subdivision
    38  and subdivision three-a of this section. An application for an abatement
    39  pursuant to this section for the fiscal year commencing in calendar year
    40  two  thousand shall be made no later than the fifteenth day of February,
    41  two thousand. An application for an abatement pursuant to  this  section
    42  for  the  fiscal year commencing in calendar year two thousand one shall
    43  be made in accordance with this subdivision and subdivision  three-b  of
    44  this  section.  An application for an abatement pursuant to this section
    45  for the fiscal year commencing in calendar year two thousand  two  shall
    46  be  made  no later than the fifteenth day of February, two thousand two.
    47  An application for an abatement pursuant to this section for the  fiscal
    48  year  commencing  in  calendar  year two thousand three shall be made no
    49  later than the fifteenth day of February, two thousand three. An  appli-
    50  cation  for  an  abatement  pursuant to this section for the fiscal year
    51  commencing in calendar year two thousand four shall be made  in  accord-
    52  ance  with  this subdivision and subdivision three-c of this section. An
    53  application for an abatement pursuant to this  section  for  the  fiscal
    54  year  commencing  in  calendar  year  two thousand five shall be made no
    55  later than the fifteenth day of February, two thousand five. An applica-
    56  tion for an abatement pursuant to  this  section  for  the  fiscal  year

        A. 4972--A                          4
 
     1  commencing in calendar year two thousand six shall be made no later than
     2  the  fifteenth  day of February, two thousand six. An application for an
     3  abatement pursuant to this section for the  fiscal  year  commencing  in
     4  calendar  year  two  thousand  seven  shall  be  made  no later than the
     5  fifteenth day of February, two thousand seven. An application for abate-
     6  ment pursuant to this section for the fiscal year commencing in calendar
     7  year two thousand eight shall be made in accordance with  this  subdivi-
     8  sion  and  subdivision  three-d  of  this section. An application for an
     9  abatement pursuant to this section for the  fiscal  year  commencing  in
    10  calendar  year  two  thousand  nine  shall  be  made  no  later than the
    11  fifteenth day of February, two thousand  nine.  An  application  for  an
    12  abatement  pursuant  to  this  section for the fiscal year commencing in
    13  calendar year two thousand ten shall be made no later than the fifteenth
    14  day of February, two thousand  ten.  An  application  for  an  abatement
    15  pursuant to this section for the fiscal year commencing in calendar year
    16  two  thousand  eleven  shall  be made no later than the fifteenth day of
    17  February, two thousand eleven. An application for an abatement  pursuant
    18  to  this  section  for the fiscal years commencing in calendar years two
    19  thousand twelve and two thousand thirteen shall be  made  in  accordance
    20  with  subdivision  three-e  of  this section. The date or dates by which
    21  applications for an abatement pursuant to this section shall be made for
    22  the fiscal years beginning  in  calendar  years  two  thousand  fourteen
    23  through two thousand [twenty-two] twenty-six shall be established by the
    24  commissioner  of finance by rule, provided that such date or dates shall
    25  not be later than the fifteenth day of February for such calendar years.
    26    § 4. This act shall take effect immediately.
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