STATE OF NEW YORK
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7531
2015-2016 Regular Sessions
IN ASSEMBLY
May 15, 2015
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Introduced by M. of A. BRAUNSTEIN, GOTTFRIED -- read once and referred
to the Committee on Real Property Taxation
AN ACT to amend the real property tax law, in relation to 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 4 of the laws of 2013,
3 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 [year] years commenc-
18 ing in calendar years two thousand twelve, two thousand thirteen, [or]
19 two thousand fourteen, two thousand fifteen, two thousand sixteen or two
20 thousand seventeen no more than a maximum of three dwelling units owned
21 by any unit owner in a single building, one of which must be the primary
22 residence of such unit owner, shall be eligible to receive a partial
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10965-02-5
A. 7531 2
1 abatement pursuant to paragraphs (d-1), (d-2), (d-3) and (d-4) of this
2 [section] subdivision.
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 [year] years commenc-
17 ing in calendar years two thousand twelve, two thousand thirteen [or],
18 two thousand fourteen, two thousand fifteen, two thousand sixteen or two
19 thousand seventeen no more than a maximum of three dwelling units owned
20 by any tenant-stockholder in a single building, one of which must be the
21 primary residence of such tenant-stockholder, shall be eligible to
22 receive a partial abatement pursuant to paragraphs (d-1), (d-2), (d-3)
23 and (d-4) of this [section] subdivision. For purposes of this section,
24 a tenant-stockholder of a cooperative apartment corporation shall be
25 deemed to own the dwelling unit which is represented by his or her
26 shares of stock in such corporation. Any abatement so granted shall be
27 credited by the appropriate taxing authority against the tax due on the
28 property as a whole. The reduction in real property taxes received
29 thereby shall be credited by the cooperative apartment corporation
30 against the amount of such taxes attributable to eligible dwelling units
31 at the time of receipt.
32 § 2. Paragraphs (d-1), (d-2), (d-3) and (d-4) of subdivision 2 of
33 section 467-a of the real property tax law, as added by chapter 4 of the
34 laws of 2013, are amended to read as follows:
35 (d-1) In the fiscal years commencing in calendar [year] years two
36 thousand twelve, two thousand thirteen and two thousand fourteen, eligi-
37 ble dwelling units in property whose average unit assessed value is less
38 than or equal to fifty thousand dollars shall receive a partial abate-
39 ment of the real property taxes attributable to or due on such dwelling
40 units of twenty-five percent, twenty-six and one-half percent and twen-
41 ty-eight and one-tenth percent respectively. In the fiscal years
42 commencing in calendar years two thousand fifteen, two thousand sixteen
43 and two thousand seventeen, eligible dwelling units in property whose
44 average unit assessed value is less than or equal to fifty thousand
45 dollars shall receive a partial abatement of the real property taxes
46 attributable to or due on such dwelling units of twenty-eight and one-
47 tenth percent.
48 (d-2) In the fiscal years commencing in calendar [year] years two
49 thousand twelve, two thousand thirteen and two thousand fourteen, eligi-
50 ble dwelling units in property whose average unit assessed value is more
51 than fifty thousand dollars, but less than or equal to fifty-five thou-
52 sand dollars, shall receive a partial abatement of the real property
53 taxes attributable to or due on such dwelling units of twenty-two and
54 one-half percent, twenty-three and eight-tenths percent and twenty-five
55 and two-tenths percent respectively. In the fiscal years commencing in
56 calendar years two thousand fifteen, two thousand sixteen and two thou-
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1 sand seventeen, eligible dwelling units in property whose average unit
2 assessed value is more than fifty thousand dollars, but less than or
3 equal to fifty-five thousand dollars, shall receive a partial abatement
4 of the real property taxes attributable to or due on such dwelling units
5 of twenty-five and two-tenths percent.
6 (d-3) In the fiscal years commencing in calendar [year] years two
7 thousand twelve, two thousand thirteen and two thousand fourteen, eligi-
8 ble dwelling units in property whose average unit assessed value is more
9 than fifty-five thousand dollars, but less than or equal to sixty thou-
10 sand dollars, shall receive a partial abatement of the real property
11 taxes attributable to or due on such dwelling units of twenty percent,
12 twenty-one and two-tenths percent, and twenty-two and five-tenths
13 percent respectively. In the fiscal years commencing in calendar years
14 two thousand fifteen, two thousand sixteen and two thousand seventeen,
15 eligible dwelling units in property whose average unit assessed value is
16 more than fifty-five thousand dollars, but less than or equal to sixty
17 thousand dollars, shall receive a partial abatement of the real property
18 taxes attributable to or due on such dwelling units of twenty-two and
19 five-tenths percent.
20 (d-4) In the fiscal years commencing in calendar [year] years two
21 thousand twelve, two thousand thirteen [and], two thousand fourteen, two
22 thousand fifteen, two thousand sixteen and two thousand seventeen,
23 eligible dwelling units in property whose average unit assessed value is
24 more than sixty thousand dollars shall receive a partial abatement of
25 the real property taxes attributable to or due on such dwelling units of
26 seventeen and one-half percent.
27 § 3. Paragraphs (a), (b) and (c) of subdivision 3 of section 467-a of
28 the real property tax law, as amended by chapter 4 of the laws of 2013,
29 are amended to read as follows:
30 (a) An application for an abatement pursuant to this section for the
31 fiscal year commencing in calendar year nineteen hundred ninety-six
32 shall be made no later than the fifteenth day of September, nineteen
33 hundred ninety-six. An application for an abatement pursuant to this
34 section for the fiscal year commencing in calendar year nineteen hundred
35 ninety-seven shall be made no later than the first day of April, nine-
36 teen hundred ninety-seven. An application for an abatement pursuant to
37 this section for the fiscal year commencing in calendar year nineteen
38 hundred ninety-eight shall be made no later than the first day of April,
39 nineteen hundred ninety-eight. An application for an abatement pursuant
40 to this section for the fiscal year commencing in calendar year nineteen
41 hundred ninety-nine shall be made in accordance with this subdivision
42 and subdivision three-a of this section. An application for an abatement
43 pursuant to this section for the fiscal year commencing in calendar year
44 two thousand shall be made no later than the fifteenth day of February,
45 two thousand. An application for an abatement pursuant to this section
46 for the fiscal year commencing in calendar year two thousand one shall
47 be made in accordance with this subdivision and subdivision three-b of
48 this section. An application for an abatement pursuant to this section
49 for the fiscal year commencing in calendar year two thousand two shall
50 be made no later than the fifteenth day of February, two thousand two.
51 An application for an abatement pursuant to this section for the fiscal
52 year commencing in calendar year two thousand three shall be made no
53 later than the fifteenth day of February, two thousand three. An appli-
54 cation for an abatement pursuant to this section for the fiscal year
55 commencing in calendar year two thousand four shall be made in accord-
56 ance with this subdivision and subdivision three-c of this section. An
A. 7531 4
1 application for an abatement pursuant to this section for the fiscal
2 year commencing in calendar year two thousand five shall be made no
3 later than the fifteenth day of February, two thousand five. An applica-
4 tion for an abatement pursuant to this section for the fiscal year
5 commencing in calendar year two thousand six shall be made no later than
6 the fifteenth day of February, two thousand six. An application for an
7 abatement pursuant to this section for the fiscal year commencing in
8 calendar year two thousand seven shall be made no later than the
9 fifteenth day of February, two thousand seven. An application for abate-
10 ment pursuant to this section for the fiscal year commencing in calendar
11 year two thousand eight shall be made in accordance with this subdivi-
12 sion and subdivision three-d of this section. An application for an
13 abatement pursuant to this section for the fiscal year commencing in
14 calendar year two thousand nine shall be made no later than the
15 fifteenth day of February, two thousand nine. An application for an
16 abatement pursuant to this section for the fiscal year commencing in
17 calendar year two thousand ten shall be made no later than the fifteenth
18 day of February, two thousand ten. An application for an abatement
19 pursuant to this section for the fiscal year commencing in calendar year
20 two thousand eleven shall be made no later than the fifteenth day of
21 February, two thousand eleven. An application for an abatement pursuant
22 to this section for the fiscal years commencing in calendar years two
23 thousand twelve and two thousand thirteen shall be made in accordance
24 with subdivision three-e of this section. The date or dates by which
25 applications for an abatement pursuant to this section shall be made for
26 the fiscal year beginning in calendar year two thousand fourteen shall
27 be established by the commissioner of finance by rule, provided that
28 such date or dates shall not be later than the fifteenth day of February
29 for such calendar year. Applications for an abatement pursuant to this
30 section for the fiscal years commencing in calendar years two thousand
31 fifteen, two thousand sixteen and two thousand seventeen shall be made
32 no later than the fifteenth day of March for each respective calendar
33 year.
34 (b) (i) An application for an abatement pursuant to this section shall
35 be submitted to the commissioner of finance by the board of managers of
36 a condominium or the board of directors of a cooperative apartment
37 corporation, provided that the commissioner of finance may by rule
38 require the owner of a dwelling unit to submit an application to supple-
39 ment information contained in the application submitted by the board of
40 managers of a condominium or the board of directors of a cooperative
41 apartment corporation and may by rule apply and adjust, as appropriate,
42 any provisions of this section that relate to applications submitted by
43 such boards to applications submitted by such owners.
44 (ii) Notwithstanding subparagraph (i) of this paragraph or any other
45 provision of law to the contrary, the commissioner of finance may by
46 rule require that applications be submitted by dwelling unit owners
47 instead of, or in addition to, those submitted by the board of managers
48 of a condominium or the board of directors of a cooperative apartment
49 corporation for applications for fiscal years commencing in calendar
50 year two thousand fifteen or later.
51 (c) (i) No abatement pursuant to this section shall be granted unless
52 the applicant files an application for an abatement within the time
53 periods prescribed in paragraph (a) of this subdivision or subdivision
54 three-a, three-b, three-c, three-d or three-e of this section, provided,
55 however, that the commissioner of finance may, for good cause shown,
56 extend the time for filing an application.
A. 7531 5
1 (ii) Notwithstanding subparagraph (i) of this paragraph or any other
2 provision of law to the contrary, the commissioner of finance may
3 provide by rule that applications are not required to be filed on an
4 annual basis.
5 § 4. This act shall take effect immediately.
