Carroll, Seawright, Gottfried, Dinowitz, Malliotakis, Rosenthal L
MLTSPNSR
Amd §467-a, RPT L
Relates 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.
STATE OF NEW YORK
________________________________________________________________________
8383
2019-2020 Regular Sessions
IN ASSEMBLY
June 15, 2019
___________
Introduced by M. of A. QUART -- read once and referred to the Committee
on Real Property Taxation
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 section 61 of part A of chapter
3 20 of the laws of 2015, 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[, two thousand thirteen, two thousand
19 fourteen, two thousand fifteen, two thousand sixteen, two thousand
20 seventeen or two thousand eighteen] through two thousand twenty no more
21 than a maximum of three dwelling units owned by any unit owner in a
22 single building, one of which must be the primary residence of such unit
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13372-03-9
A. 8383 2
1 owner, shall be eligible to receive a partial abatement pursuant to
2 paragraphs (d-1), (d-2), (d-3) and (d-4) of this 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 years commencing in
17 calendar years two thousand twelve[, two thousand thirteen, two thousand
18 fourteen, two thousand fifteen, two thousand sixteen, two thousand
19 seventeen or two thousand eighteen] through two thousand twenty no more
20 than a maximum of three dwelling units owned by any tenant-stockholder
21 in a single building, one of which must be the primary residence of such
22 tenant-stockholder, shall be eligible to receive a partial abatement
23 pursuant to paragraphs (d-1), (d-2), (d-3) and (d-4) of this subdivi-
24 sion. For purposes of this section, a tenant-stockholder of a cooper-
25 ative apartment corporation shall be deemed to own the dwelling unit
26 which is represented by his or her shares of stock in such corporation.
27 Any abatement so granted shall be credited by the appropriate taxing
28 authority against the tax due on the property as a whole. The reduction
29 in real property taxes received thereby shall be credited by the cooper-
30 ative apartment corporation against the amount of such taxes attribut-
31 able to eligible dwelling units 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 amended by section 62 of
34 part A of chapter 20 of the laws of 2015, are amended to read as
35 follows:
36 (d-1) In the fiscal years commencing in calendar years two thousand
37 twelve, two thousand thirteen and two thousand fourteen, eligible dwell-
38 ing units in property whose average unit assessed value is less than or
39 equal to fifty thousand dollars shall receive a partial abatement of the
40 real property taxes attributable to or due on such dwelling units of
41 twenty-five percent, twenty-six and one-half percent and twenty-eight
42 and one-tenth percent respectively. In the fiscal years commencing in
43 calendar years two thousand fifteen[, two thousand sixteen, two thousand
44 seventeen and two thousand eighteen] through two thousand twenty eligi-
45 ble dwelling units in property whose average unit assessed value is less
46 than or equal to fifty thousand dollars shall receive a partial abate-
47 ment of the real property taxes attributable to or due on such dwelling
48 units of twenty-eight and one-tenth percent.
49 (d-2) In the fiscal years commencing in calendar years two thousand
50 twelve, two thousand thirteen and two thousand fourteen, eligible dwell-
51 ing units in property whose average unit assessed value is more than
52 fifty thousand dollars, but less than or equal to fifty-five thousand
53 dollars, shall receive a partial abatement of the real property taxes
54 attributable to or due on such dwelling units of twenty-two and one-half
55 percent, twenty-three and eight-tenths percent and twenty-five and two-
56 tenths percent respectively. In the fiscal years commencing in calendar
A. 8383 3
1 years two thousand fifteen[, two thousand sixteen, two thousand seven-
2 teen and two thousand eighteen] through two thousand twenty eligible
3 dwelling units in property whose average unit assessed value is more
4 than fifty thousand dollars, but less than or equal to fifty-five thou-
5 sand dollars, shall receive a partial abatement of the real property
6 taxes attributable to or due on such dwelling units of twenty-five and
7 two-tenths percent.
8 (d-3) In the fiscal years commencing in calendar years two thousand
9 twelve, two thousand thirteen and two thousand fourteen, eligible dwell-
10 ing units in property whose average unit assessed value is more than
11 fifty-five thousand dollars, but less than or equal to sixty thousand
12 dollars, shall receive a partial abatement of the real property taxes
13 attributable to or due on such dwelling units of twenty percent, twen-
14 ty-one and two-tenths percent, and twenty-two and five-tenths percent
15 respectively. In the fiscal years commencing in calendar years two thou-
16 sand fifteen[, two thousand sixteen, two thousand seventeen and two
17 thousand eighteen] through two thousand twenty eligible dwelling units
18 in property whose average unit assessed value is more than fifty-five
19 thousand dollars, but less than or equal to sixty thousand dollars,
20 shall receive a partial abatement of the real property taxes attribut-
21 able to or due on such dwelling units of twenty-two and five-tenths
22 percent.
23 (d-4) In the fiscal years commencing in calendar years two thousand
24 twelve[, two thousand thirteen, two thousand fourteen, two thousand
25 fifteen, two thousand sixteen, two thousand seventeen and two thousand
26 eighteen] through two thousand twenty, eligible dwelling units in prop-
27 erty whose average unit assessed value is more than sixty thousand
28 dollars shall receive a partial abatement of the real property taxes
29 attributable to or due on such dwelling units of seventeen and one-half
30 percent.
31 § 3. Paragraph (a) of subdivision 3 of section 467-a of the real prop-
32 erty tax law, as amended by section 63 of part A of chapter 20 of the
33 laws of 2015, is amended to read as follows:
34 (a) An application for an abatement pursuant to this section for the
35 fiscal year commencing in calendar year nineteen hundred ninety-six
36 shall be made no later than the fifteenth day of September, nineteen
37 hundred ninety-six. An application for an abatement pursuant to this
38 section for the fiscal year commencing in calendar year nineteen hundred
39 ninety-seven shall be made no later than the first day of April, nine-
40 teen hundred ninety-seven. An application for an abatement pursuant to
41 this section for the fiscal year commencing in calendar year nineteen
42 hundred ninety-eight shall be made no later than the first day of April,
43 nineteen hundred ninety-eight. An application for an abatement pursuant
44 to this section for the fiscal year commencing in calendar year nineteen
45 hundred ninety-nine shall be made in accordance with this subdivision
46 and subdivision three-a of this section. An application for an abatement
47 pursuant to this section for the fiscal year commencing in calendar year
48 two thousand shall be made no later than the fifteenth day of February,
49 two thousand. An application for an abatement pursuant to this section
50 for the fiscal year commencing in calendar year two thousand one shall
51 be made in accordance with this subdivision and subdivision three-b of
52 this section. An application for an abatement pursuant to this section
53 for the fiscal year commencing in calendar year two thousand two shall
54 be made no later than the fifteenth day of February, two thousand two.
55 An application for an abatement pursuant to this section for the fiscal
56 year commencing in calendar year two thousand three shall be made no
A. 8383 4
1 later than the fifteenth day of February, two thousand three. An appli-
2 cation for an abatement pursuant to this section for the fiscal year
3 commencing in calendar year two thousand four shall be made in accord-
4 ance with this subdivision and subdivision three-c of this section. An
5 application for an abatement pursuant to this section for the fiscal
6 year commencing in calendar year two thousand five shall be made no
7 later than the fifteenth day of February, two thousand five. An applica-
8 tion for an abatement pursuant to this section for the fiscal year
9 commencing in calendar year two thousand six shall be made no later than
10 the fifteenth day of February, two thousand six. An application for an
11 abatement pursuant to this section for the fiscal year commencing in
12 calendar year two thousand seven shall be made no later than the
13 fifteenth day of February, two thousand seven. An application for abate-
14 ment pursuant to this section for the fiscal year commencing in calendar
15 year two thousand eight shall be made in accordance with this subdivi-
16 sion and subdivision three-d of this section. An application for an
17 abatement pursuant to this section for the fiscal year commencing in
18 calendar year two thousand nine shall be made no later than the
19 fifteenth day of February, two thousand nine. An application for an
20 abatement pursuant to this section for the fiscal year commencing in
21 calendar year two thousand ten shall be made no later than the fifteenth
22 day of February, two thousand ten. An application for an abatement
23 pursuant to this section for the fiscal year commencing in calendar year
24 two thousand eleven shall be made no later than the fifteenth day of
25 February, two thousand eleven. An application for an abatement pursuant
26 to this section for the fiscal years commencing in calendar years two
27 thousand twelve and two thousand thirteen shall be made in accordance
28 with subdivision three-e of this section. The date or dates by which
29 applications for an abatement pursuant to this section shall be made for
30 the fiscal years beginning in calendar years two thousand fourteen[, two
31 thousand fifteen, two thousand sixteen, two thousand seventeen and two
32 thousand eighteen] through two thousand twenty shall be established by
33 the commissioner of finance by rule, provided that such date or dates
34 shall not be later than the fifteenth day of February for such calendar
35 years.
36 § 4. This act shall take effect immediately.
