A05522 Summary:

BILL NOA05522
 
SAME ASSAME AS S03914
 
SPONSORLopez V (MS)
 
COSPNSRTowns
 
MLTSPNSRBrennan, Rivera P
 
Add Art 19-AA SS981 - 989, Gen Muni L; add S485-n, amd S490, RPT L; amd SS252-a, 1201, 1203, 1205, 1405 & 1428, Tax L
 
Enacts the "New York state housing opportunity zones act;" authorizes a pilot program to create locally proposed housing opportunity zones, providing for a mixture of locally approved and state incentives to promote the development of mixed income housing and the stabilization of transitional neighborhoods, foster the improvement by the private sector of affordable housing and enhance the participation of localities in the siting, selection and design of such housing.
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A05522 Actions:

BILL NOA05522
 
02/13/2009referred to housing
01/06/2010referred to housing
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A05522 Floor Votes:

There are no votes for this bill in this legislative session.
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A05522 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5522
 
                               2009-2010 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 13, 2009
                                       ___________
 
        Introduced by M. of A. V. LOPEZ, TOWNS -- Multi-Sponsored by -- M. of A.
          BRENNAN, P. RIVERA -- read once and referred to the Committee on Hous-
          ing
 
        AN ACT to amend the general municipal law, the real property tax law and
          the tax law, in relation to authorizing the creation of housing oppor-

          tunity  zones  in  certain counties, cities, towns and villages within
          the state
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1. The general municipal law is amended by adding a new arti-
     2  cle 19-AA to read as follows:
     3                                 ARTICLE 19-AA
     4                NEW YORK STATE HOUSING OPPORTUNITY ZONES ACT
     5  Section 981. Short title.
     6          982. Legislative findings and declaration.
     7          983. Definitions.
     8          984. Criteria for approval of housing  opportunity  zone  desig-
     9                 nation plans.
    10          985. Responsibilities of the commissioner.
    11          986. Application for housing opportunity zone designation.

    12          987. Housing opportunity zone designation plans.
    13          988. Local housing opportunity zone administrator.
    14          989. Special provisions.
    15    §  981.  Short  title. This article shall be known and may be cited as
    16  the "New York state housing opportunity zones act".
    17    § 982. Legislative findings and declaration. It is  hereby  found  and
    18  declared that many areas within the state are characterized by or are in
    19  danger  of  being characterized by a severe shortage of safe, decent and
    20  affordable housing, dilapidated and abandoned residential structures and
    21  shrinking tax bases, which needs are not currently  being  addressed  by
    22  the  free  market.    Moreover,  it is found that the lack of affordable
 

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08701-01-9

        A. 5522                             2
 
     1  housing in these areas threatens employment growth  prospects  and  that
     2  without adequate provision of housing these regions of the state may not
     3  retain  skilled labor and sustain the growth in employment and output of
     4  which  they  are capable. We further find that state resources alone are
     5  insufficient to meet the growing need for affordable housing within  the
     6  state  and  that  a combination of state and local incentives may foster

     7  private involvement in meeting  the  affordable  housing  needs  of  the
     8  state. Therefore, to encourage such private participation and investment
     9  in  the  construction,  conversion  and/or  rehabilitation of affordable
    10  housing,  we  hereby  establish  the  housing  opportunity  zones  pilot
    11  program.
    12    § 983. Definitions. For the purposes of this article:
    13    (a) "Commissioner" shall mean the commissioner of housing and communi-
    14  ty renewal.
    15    (b)  "Applicant"  shall mean the county, city, town or village submit-
    16  ting an application in the manner authorized by local law  for  approval
    17  of a housing opportunity zone designation plan.
    18    (c)  "Housing  opportunity  zone"  shall mean an area within the state

    19  that has been designated as a housing opportunity zone pursuant to  this
    20  article.
    21    (d)  "Housing  opportunity  zone  designation  plan" shall mean a plan
    22  submitted by an applicant which defines the boundaries of the  zone  and
    23  sets  forth  the  benefits  and incentives to be applied within the zone
    24  pursuant to this article, including any modifications to local zoning.
    25    (e) "Rehabilitation" shall mean all work necessary to bring a residen-
    26  tial property into compliance with all applicable laws  and  regulations
    27  including  but not limited to the installation, replacement or repair of
    28  heating, plumbing, electrical and related systems and the elimination of
    29  all hazardous violations in the structure in accordance with  state  and

    30  local laws, regulations of state and local agencies and standards as may
    31  be  promulgated  by  the  commissioner.  Rehabilitation may also include
    32  reconstruction or work to improve the habitability or prolong the useful
    33  life of the residential property, consistent with standards  as  may  be
    34  promulgated by the commissioner.
    35    (f) "Conversion" shall mean all work necessary to convert non-residen-
    36  tial property to residential property.
    37    (g)  "Construction, conversion or rehabilitation of residential units"
    38  shall mean, for the purposes of  this  article,  the  new  construction,
    39  conversion  or  rehabilitation of residential housing units, of which at
    40  least one-third are affordable housing  units.  No  residential  housing

    41  shall  be  eligible for the benefits described herein as accruing to the
    42  construction, conversion or rehabilitation of  residential  units  in  a
    43  housing  opportunity zone unless such residential housing is composed of
    44  at least one-third affordable housing units as defined herein.
    45    (h) "Affordable housing units" shall mean, for the  purposes  of  this
    46  article,  those specific units to be constructed, converted or rehabili-
    47  tated pursuant to a plan approved by the commissioner,  to  insure  that
    48  those  units  remain  affordable for at least the term of any assistance
    49  provided herein to persons and  families  whose  income  do  not  exceed
    50  eighty  percent  of  the  median income for the metropolitan statistical

    51  area in which the zone is located or, if the zone is outside a metropol-
    52  itan statistical area, the county in which the zone is located.
    53    (i) "Chief executive" shall mean (i) a county executive or manager  of
    54  a county; (ii) in a county not having a county executive or manager, the
    55  chairperson  or  other presiding officer of the county legislative body;
    56  (iii) a mayor of a city or village, except where a city or village has a

        A. 5522                             3
 
     1  manager, it shall mean such a manager; or (iv) a supervisor of  a  town,
     2  except where a town has a manager, it shall mean such manager.
     3    (j)  "Local  housing  opportunity  zone  administrator" shall mean the

     4  entity or person designated by the applicant  that  is  responsible  for
     5  monitoring,  evaluating  and  coordinating  all housing opportunity zone
     6  benefits and complying with all filing, reporting,  recertification  and
     7  other requirements on behalf of the applicant as set forth in this arti-
     8  cle or in rules and regulations promulgated by the commissioner.
     9    §  984.  Criteria for approval of housing opportunity zone designation
    10  plans. To be eligible for approval by the commissioner, a proposed hous-
    11  ing opportunity zone designation plan must designate a zone which encom-
    12  passes an area which is characterized by a shortage of affordable  hous-
    13  ing  and which corresponds to recognized or established neighborhoods or

    14  areas defined by geographic boundaries within a county,  city,  town  or
    15  village  and  does  not  exceed  nine square miles; and meets such other
    16  requirements as may be established in rules and regulations  promulgated
    17  by  the  commissioner after consultation with the director of the budget
    18  and commissioner of taxation and finance, including but not limited to:
    19    (a) a comprehensive demonstration of a shortage of affordable  housing
    20  and the reasons therefor as evidenced by employment decline, increase in
    21  unemployment  and  public  assistance  recipients, decline in per capita
    22  income, the extent of  deteriorated  residential  properties,  or  other
    23  factors;
    24    (b)  a  demonstration  of  the manner in which the housing opportunity

    25  zone designation plan enunciates the needs of the zone  and  sets  forth
    26  short-term and long-term proposals to address them;
    27    (c)  a  demonstration  of the manner in which progress in implementing
    28  the housing opportunity zone designation plan will be  regularly  evalu-
    29  ated on the local level and how information essential for periodic eval-
    30  uations will be compiled; and
    31    (d)  a  demonstration  of  substantial  long-term and short-term local
    32  public and private commitments to meeting the housing needs  of  low-in-
    33  come and median-income persons in the area.
    34    § 985. Responsibilities of the commissioner. The commissioner shall:
    35    (a) After consultation with the director of the budget and the commis-

    36  sioner of taxation and finance, promulgate rules and regulations govern-
    37  ing:  (i)  the  criteria  for approval of a proposed housing opportunity
    38  zone designation plan as set forth in section nine  hundred  eighty-four
    39  of  this  article, (ii) the application process, and (iii) other matters
    40  as may be appropriate, including program evaluation and assessment;
    41    (b) Receive and review proposed housing opportunity  zone  designation
    42  plans  and  revisions thereto; such review shall include a determination
    43  of whether the plan is consistent with the intent and  purpose  of  this
    44  article  and  any  applicable federal, state, or local law. In reviewing
    45  proposed housing opportunity zone designation  plans,  the  commissioner

    46  shall  consider  the  level  of  local  participation including, but not
    47  limited to, local tax and other incentives and the  provision  of  local
    48  services;
    49    (c)  Approve  not  more than five housing opportunity zone designation
    50  plans;
    51    (d) Coordinate with the commissioner of economic development  and  the
    52  neighborhood  based  initiatives  oversight  committee, approval of such
    53  designation plans for housing opportunity zones which  are  also  desig-
    54  nated  empire  zones  pursuant  to article eighteen-B of this chapter or
    55  neighborhood based alliances pursuant to article nineteen-L of the exec-
    56  utive law;

        A. 5522                             4
 

     1    (e) Review reports on performance objectives progress as part  of  the
     2  plan  review  and  recertification process set forth in this article and
     3  periodically submit a report to the legislature, the first report  being
     4  due three years and six months after the effective date of this article;
     5    (f)  Terminate  housing  opportunity zones which fail to recertify, as
     6  set forth in this article, a continuing need for such designation.
     7    § 986. Application for housing opportunity zone designation.    (a)  A
     8  county  (other  than  a  county  located  within  a city), city, town or
     9  village may adopt a local law authorizing such municipal corporation  to
    10  prepare and submit an application to the commissioner for designation of

    11  an  area therein as a housing opportunity zone; and the adoption of such
    12  a local law by the municipal corporation within which the proposed hous-
    13  ing opportunity zone is to be located shall be  a  prerequisite  to  the
    14  submission  of an application for such designation. Such local law shall
    15  also designate the boundaries of such area, provided, however, that:
    16    (i) a town shall not be authorized and empowered to apply  for  desig-
    17  nation  of an area as a housing opportunity zone which is located wholly
    18  or partly within a village unless such action is  concurred  in  by  the
    19  governing  body  of such village, and that a county shall not be author-
    20  ized and empowered to apply for designation of  an  area  as  a  housing

    21  opportunity  zone  unless  such  action is concurred in by the governing
    22  body of each city, town or village in which such zone is located; and
    23    (ii) no application for designation of an area as a  housing  opportu-
    24  nity  zone  pursuant to this article shall be accepted unless the appli-
    25  cant demonstrates that it has, to the maximum extent feasible, solicited
    26  and considered the views of residents of the proposed zone, the views of
    27  state and local officials elected to represent such  residents  and  the
    28  local private organizations representing such residents.
    29    (b) Each application shall:
    30    (i)  be  prepared  in  a manner and form prescribed by rules and regu-
    31  lations promulgated by the commissioner;  the  chief  executive  of  the

    32  applicant  shall  ensure that the information contained in such applica-
    33  tion, to the maximum extent possible, is accurate and complete;
    34    (ii) include  evidence  of  the  adoption  of  local  law  authorizing
    35  submission  of  a housing opportunity zone designation plan by the local
    36  governing body of the area in which the housing opportunity zone  is  to
    37  be located;
    38    (iii) identify a local housing opportunity zone administrator who will
    39  be  responsible  for  complying  with  the filing, reporting and certif-
    40  ication requirements set forth in this article and rules and regulations
    41  which may be promulgated by the commissioner;
    42    (iv) include a map of the area comprising the proposed housing  oppor-

    43  tunity  zone,  showing  existing  streets,  highways, waterways, natural
    44  boundaries and other physical features;
    45    (v) include evidence that the applicant has,  to  the  maximum  extent
    46  feasible,  solicited  and  considered  the views of the residents of the
    47  proposed housing opportunity zone and the local governmental and private
    48  organizations representing such residents including, but not limited to,
    49  conducting at least one public hearing; and
    50    (vi) specify goals and objectives, both short term and long term,  for
    51  addressing the affordable housing needs of the proposed zone.
    52    §  987. Housing opportunity zone designation plans. A housing opportu-
    53  nity zone designation plan shall be filed  with  the  commissioner,  and

    54  shall demonstrate the methods by which the applicant intends to meet the
    55  affordable  housing  needs  of  the  area  in which the proposed housing

        A. 5522                             5
 
     1  opportunity zone is located and shall include, but shall not be  limited
     2  to:
     3    (a)  a  demonstration  of compliance with all applicable provisions of
     4  Title VIII of the Civil Rights Act of 1968, as amended, the  regulations
     5  issued  thereunder,  and  state  anti-discrimination statutes, and shall
     6  affirmatively further fair housing;
     7    (b) identification of financial and other  commitments  the  applicant
     8  will  make  to  the  zone including, but not limited to, (i) a statement

     9  identifying those local tax and other incentives proposed to be  offered
    10  within the zone, (ii) a description of a procedure to expedite the issu-
    11  ance  of any required local permits or licenses, and (iii) a description
    12  of other activities to be undertaken  by  municipal  agencies,  business
    13  entities,  not-for-profit corporations, community-based organizations or
    14  any other persons, which are designed to  promote  the  availability  of
    15  affordable housing in the proposed zone;
    16    (c)  identified local incentives referenced in subdivision (b) of this
    17  section which may include, but are not limited to:
    18    (i) Zoning modifications. A housing opportunity zone designation  plan
    19  may  include modifications to local zoning within the boundaries of such

    20  housing opportunity zone, which modifications  may  relate  to  density,
    21  setbacks and other provisions of the local zoning ordinance which may be
    22  barriers  to  the construction, conversion or rehabilitation of residen-
    23  tial units pursuant to this article. Any zoning modifications  contained
    24  in  a  proposed  housing  opportunity  zone designation plan must be set
    25  forth in the same manner and detail as would a local  zoning  ordinance.
    26  Such  zoning modification shall apply only for the construction, conver-
    27  sion or rehabilitation of residential  units  in  conformance  with  the
    28  standards set forth in this article. A proposed housing opportunity zone
    29  designation  plan containing a zoning modification shall not be approved

    30  by the commissioner  unless  the  proposed  designation  plan  has  been
    31  approved by all local governments which promulgated the zoning ordinance
    32  or ordinances affected by such modification.
    33    The  applicant shall be responsible for the preparation of an environ-
    34  mental impact statement if required by law.  Notwithstanding  any  other
    35  provision  of  law,  municipalities  applying  for approval of a housing
    36  opportunity zone designation plan are eligible  for  advances  from  the
    37  housing  development  fund  created  pursuant  to  article eleven of the
    38  private housing finance law; such advances may be  used  to  defray  the
    39  cost of preparing an environmental impact statement;
    40    (ii)  Property tax relief. A housing opportunity zone designation plan

    41  may provide that all construction, conversion or rehabilitation of resi-
    42  dential units within a housing opportunity zone completed subsequent  to
    43  the approval of a housing opportunity zone designation plan may be enti-
    44  tled to an exemption from property taxes as provided for in section four
    45  hundred  eighty-five-n  of the real property tax law for as long as such
    46  residential housing is composed of at least one-third affordable housing
    47  units as that term is defined in this article;
    48    (iii) Waiver of permit fees. A housing  opportunity  zone  designation
    49  plan  may provide that all permit fees required by the applicant for any
    50  phase of the construction, conversion or rehabilitation  of  residential

    51  units  as  defined  in  this  article, within a housing opportunity zone
    52  shall be waived in total by the applicant;
    53    (iv) Water and sewer tax exemption. Where water and/or  sewer  assess-
    54  ments  are  collected by an applicant applying for approval of a housing
    55  opportunity zone designation plan, a  housing  opportunity  zone  desig-
    56  nation plan may provide that water and/or sewer assessments upon afford-

        A. 5522                             6
 
     1  able  housing units be reduced in an amount to be specified in the hous-
     2  ing opportunity zone designation plan  so  long  as  such  units  remain
     3  affordable;
     4    (d)  a  statement  indicating how housing opportunity zone designation

     5  would assist in the availability of affordable housing in  the  area  in
     6  which the zone is proposed to be located;
     7    (e) a description of proposals for housing construction, conversion or
     8  rehabilitation  of residential units and infrastructure improvements and
     9  investments and a timetable for their completion;
    10    (f) a statement of the reasons why the particular  geographic  config-
    11  uration of the zone was selected.
    12    §  988. Local housing opportunity zone administrator. Upon approval of
    13  the plan, the designated local housing  opportunity  zone  administrator
    14  shall be responsible for complying with all filing, reporting, and other
    15  requirements  on behalf of the applicant as set forth in this article or

    16  rules and regulations as promulgated by the commissioner including,  but
    17  not limited to:
    18    (a)  filing  notice of approval of the housing opportunity zone desig-
    19  nation plan or, revisions or termination of such designation  plan  with
    20  the department of taxation and finance, the secretary of state, with the
    21  county,  city,  town,  or  village,  respectively,  in which the housing
    22  opportunity zone is located, with the state board  of  equalization  and
    23  assessment  and  with other state and local entities; provided, however,
    24  that such notice shall specify the date such action was taken and  shall
    25  contain  a  description  sufficient  to identify the housing opportunity
    26  zone, including the names of abutting streets, roads,  highways,  bodies

    27  of water, or other identifying physical features;
    28    (b)  submitting  to  the commissioner an annual report on the progress
    29  and results of the plan, with copies to  the  department  of  audit  and
    30  control,  department  of  taxation  and  finance and the director of the
    31  budget; and
    32    (c) every three years, recertifying to the commissioner  that  a  need
    33  for the plan continues to exist. If the applicant does not recertify the
    34  need for the plan, the zone and the benefits associated therewith may be
    35  terminated  by  the commissioner. Termination of a zone shall not affect
    36  any agreement entered into nor benefit or incentive previously allocated
    37  within the zone.

    38    § 989. Special provisions. (a)  Each  applicant  shall  use  its  best
    39  efforts to ensure that any construction, conversion or rehabilitation of
    40  residential  units  is  carried  out in such a manner as to minimize the
    41  likelihood of any  involuntary  physical  or  economic  displacement  of
    42  tenants and owners.
    43    (b)  Applications  for  funding to any housing program administered by
    44  the state of New York, a public benefit corporation or a  local  govern-
    45  ment  shall  be  given  a  preference  in  selection  if the application
    46  proposes the construction, conversion or rehabilitation  of  residential
    47  units eligible for benefits pursuant to this article.
    48    §  2.  The  real  property  tax law is amended by adding a new section

    49  485-n to read as follows:
    50    § 485-n. Exemption from local real property taxation of certain  resi-
    51  dential  property  located  within  a  housing opportunity zone. 1. Real
    52  property located within a housing opportunity zone which has been certi-
    53  fied  by  the  housing  opportunity  zone  administrator  as   a   newly
    54  constructed, converted or rehabilitated residential unit, and in compli-
    55  ance with an approved housing opportunity zone designation plan pursuant
    56  to article nineteen-AA of the general municipal law, shall be exempt, in

        A. 5522                             7
 
     1  whole  or  in part, from taxation, special ad valorem levies and special
     2  assessments levied by or on behalf of any municipal corporation in which

     3  real property is located, provided that  the  governing  board  of  such
     4  municipal  corporation  adopts  a  local  law,  ordinance  or resolution
     5  providing therefor.
     6    Such tax exemption shall apply  for  the  period  and  to  the  extent
     7  provided in such local law, ordinance or resolution.
     8    2.  No  such exemption shall be granted unless: (a) a copy of an offi-
     9  cial notice that the housing opportunity zone designation plan has  been
    10  approved  pursuant  to  article nineteen-AA of the general municipal law
    11  has been filed by the local housing opportunity zone administrator  with
    12  the clerk of the assessing unit and with the state board of equalization
    13  and assessment on or before the applicable taxable status date;

    14    (b)  the  construction,  conversion  or  rehabilitation of residential
    15  units commenced on or after the date that the housing  opportunity  zone
    16  designation plan was approved;
    17    (c)  the local housing opportunity zone administrator certifies to the
    18  assessor that the real property is eligible  for  benefits  pursuant  to
    19  such housing opportunity zone designation plan; and
    20    (d)  the  real property is used solely for residential purposes during
    21  the period such exemption is granted.
    22    3. Such real property shall be exempt for a period of  years  provided
    23  for  in  the  local  law,  ordinance  or  resolution authorizing the tax
    24  exemption, and the housing  opportunity  zone  designation  plan,  which

    25  period  shall  not  exceed  ten years. Such real property shall be imme-
    26  diately subject to taxation if the assessor  receives  notice  from  the
    27  local housing opportunity zone administrator that the affordable housing
    28  units,  as  defined in article nineteen-AA of the general municipal law,
    29  are not in conformity with the plan proposed by the  locality  in  which
    30  they  are located and approved by the commissioner of housing and commu-
    31  nity renewal to insure their affordability.
    32    4.  Such exemption shall be granted only upon application by the owner
    33  of such real property on a form prescribed  by  the  state  board.  Such
    34  application  shall  be filed with the assessor of the county, city, town

    35  or village having the power to assess property for taxation on or before
    36  the appropriate taxable status  date  of  such  county,  city,  town  or
    37  village  and  within  one  year  from  the  date  of  completion of such
    38  construction, conversion or rehabilitation of residential units.
    39    § 3. Section 490 of the real property tax law, as amended  by  chapter
    40  87 of the laws of 2001, is amended to read as follows:
    41    §  490.  Exemption  from special ad valorem levies and special assess-
    42  ments.  Real property exempt from taxation pursuant to  subdivision  two
    43  of  section  four hundred, subdivision one of section four hundred four,
    44  subdivision one of section  four  hundred  six,  sections  four  hundred
    45  eight,  four  hundred  ten, four hundred ten-a, four hundred ten-b, four

    46  hundred eighteen, four hundred twenty-a,  four  hundred  twenty-b,  four
    47  hundred  twenty-two, four hundred twenty-six, four hundred twenty-seven,
    48  four hundred twenty-eight, four hundred thirty, four hundred thirty-two,
    49  four hundred thirty-four, four hundred thirty-six, four hundred  thirty-
    50  eight,  four  hundred fifty, four hundred fifty-two, four hundred fifty-
    51  four, four hundred fifty-six,  four  hundred  sixty-four,  four  hundred
    52  seventy-two,  four  hundred seventy-four [and], four hundred eighty-five
    53  and four hundred eighty-five-n of this [chapter] article shall  also  be
    54  exempt  from  special  ad valorem levies and special assessments against
    55  real property located outside cities and villages for a special improve-
    56  ment or service or a special district improvement or service and special


        A. 5522                             8
 
     1  ad valorem levies and special assessments imposed by a  county  improve-
     2  ment district or district corporation except (1) those levied to pay for
     3  the  costs,  including interest and incidental and preliminary costs, of
     4  the acquisition, installation, construction, reconstruction and enlarge-
     5  ment  of  or additions to the following improvements, including original
     6  equipment, furnishings, machinery or  apparatus,  and  the  replacements
     7  thereof:  water  supply  and distribution systems; sewer systems (either
     8  sanitary or surface drainage or both, including purification,  treatment
     9  or  disposal  plants or buildings); waterways and drainage improvements;
    10  street, highway, road and  parkway  improvements  (including  sidewalks,
    11  curbs, gutters, drainage, landscaping, grading or improving the right of

    12  way)  and  (2) special assessments payable in installments on an indebt-
    13  edness including interest  contracted  prior  to  July  first,  nineteen
    14  hundred  fifty-three,  pursuant  to section two hundred forty-two of the
    15  town law or pursuant to any other comparable provision of law.
    16    § 4. Section 252-a of the tax law is amended by adding a new  subdivi-
    17  sion 3 to read as follows:
    18    3.  (a)  The  following  mortgages shall be exempt from any tax or fee
    19  imposed under this article: any  mortgage  of  real  property  given  to
    20  secure  an  obligation  incurred  by  the mortgagor to acquire such real
    21  property,  provided  that  (i)  such  real  property  is   improved   by
    22  construction,  conversion  or  rehabilitation  of  residential units, as

    23  those terms are defined in article nineteen-AA of the general  municipal
    24  law, and located in a housing opportunity zone designation plan approved
    25  by  the  commissioner  of housing and community renewal pursuant to such
    26  article, and (ii) such real property continues to be eligible for  bene-
    27  fits under such article.
    28    (b) Provided, however, that in each case where an exemption is claimed
    29  under this subdivision, such exemption shall not apply unless the person
    30  claiming  the  exemption  provides documentation in a format approved by
    31  the commissioner sufficient to enable a recording officer  to  determine
    32  affirmatively  whether  the  mortgage being presented for recording is a
    33  mortgage of real property which satisfies the requirements set forth  in

    34  this  subdivision.  Such  documentation  may  take the form of a certif-
    35  ication from the commissioner of housing and community renewal  or  such
    36  commissioner's delegate.
    37    §  5.  Subdivision  (b)  of  section 1201 of the tax law is amended by
    38  adding a new paragraph (xiii) to read as follows:
    39    (xiii) The local law imposing the tax authorized by  this  subdivision
    40  may  provide that the conveyances exempt pursuant to paragraph eleven of
    41  subdivision (b) of section fourteen hundred five of this  chapter  shall
    42  be exempt from the tax authorized by this subdivision.
    43    § 6. Subdivision b of section 1203 of the tax law, as amended by chap-
    44  ter 345 of the laws of 1984, is amended to read as follows:
    45    b.  Notwithstanding  any  provision  of law to the contrary, the local

    46  governing body of the city of Yonkers, by the adoption  of  local  laws,
    47  ordinances  or  resolutions  may  impose  in such city the tax otherwise
    48  authorized under subdivision (b) of section twelve hundred one  of  this
    49  part,  at a rate not to exceed three per centum, such taxes to be admin-
    50  istered and collected in the manner provided for in subpart  A  of  part
    51  III  of  this  article.  Such  local  law,  ordinance, or resolution may
    52  provide that any transfer of property owned and occupied as a  residence
    53  by one or more persons, each of whom is sixty-five years of age or over,
    54  shall  be  exempt from such tax. Such local law, ordinance or resolution
    55  also may provide that the conveyances exempt pursuant to paragraph elev-

        A. 5522                             9
 

     1  en of subdivision (b) of section fourteen hundred five of  this  chapter
     2  shall be exempt from the tax authorized by this subdivision.
     3    §  7.  Section 1205 of the tax law is amended by adding a new subdivi-
     4  sion (c) to read as follows:
     5    (c) The local law, ordinance or resolution imposing the tax authorized
     6  by this section may provide that  the  conveyances  exempt  pursuant  to
     7  paragraph  eleven of subdivision (b) of section fourteen hundred five of
     8  this chapter shall be exempt from the tax authorized by this section.
     9    § 8. Subdivision (b) of section 1405 of the  tax  law  is  amended  by
    10  adding a new paragraph 11 to read as follows:
    11    11.  Conveyances  of  residential  housing provided that (i) such real

    12  property is improved by construction, conversion  or  rehabilitation  of
    13  residential  units, as those terms are defined in article nineteen-AA of
    14  the general municipal law, and located in  a  housing  opportunity  zone
    15  designation  plan  approved by the commissioner of housing and community
    16  renewal pursuant to such article, (ii) such real property  continues  to
    17  be  eligible  for  benefits  under  such article, and (iii) in each case
    18  where an exemption is claimed under  this  subdivision,  such  exemption
    19  shall  not  apply  unless  the  person  claiming  the exemption provides
    20  documentation in a format approved by  the  commissioner  sufficient  to
    21  enable  a recording officer to determine affirmatively whether the mort-

    22  gage being presented for recording is a mortgage of real property  which
    23  satisfies  the requirements set forth in this subdivision. Such documen-
    24  tation may take the form of a certification  from  the  commissioner  of
    25  housing and community renewal or such commissioner's delegate.
    26    §  9.  Section 1428 of the tax law is amended by adding a new subdivi-
    27  sion 3 to read as follows:
    28    3. The local law imposing the  tax  authorized  by  this  article  may
    29  provide  that  the  conveyances  exempt  pursuant to paragraph eleven of
    30  subdivision (b) of section fourteen hundred five of this  chapter  shall
    31  be exempt from the tax.
    32    § 10. This act shall take effect immediately.
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