New York State Assembly

 
•  Summary 
 
•  Actions 
 
•  Committee Votes 
 
•  Floor Votes 
 
•  Memo 
 
•  Text 

A10214 Summary:

A10214 Actions:

A10214 Committee Votes:

Committee:REAL PROPERTY TAXATION   Chair:Galef      
DATE:06/06/2016AYE/NAY:10/0  Action: Favorable refer to committee Ways and Means        
Galef
Aye
Lalor
Aye
Dinowitz
Aye
Palmesano
Aye
Robinson
Aye
Gunther
Aye
McDonald
Aye
Gjonaj
Aye
Pichardo
Aye
Buchwald
Aye

Committee:WAYS AND MEANS   Chair:Farrell      
DATE:06/06/2016AYE/NAY:32/0  Action: Favorable refer to committee Rules        
Farrell
Aye
Oaks
Aye
Lentol
Aye
Crouch
Aye
Schimminger
Aye
Barclay
Aye
Gantt
Aye
Fitzpatrick
Aye
Weinstein
Aye
Saladino
Aye
Glick
Aye
Hawley
Aye
Nolan
Aye
Duprey
Aye
Pretlow
Aye
Corwin
Excused
Perry
Excused
Malliotakis
Aye
Colton
Aye
Walter
Aye
Cook
Aye
Cahill
Aye
Aubry
Aye
Hooper
Aye
Thiele
Aye
Wright
Excused
Cusick
Aye
Ortiz
Aye
Benedetto
Aye
Markey
Aye
Moya
Aye
Weprin
Aye
Rodriguez
Aye
Ramos
Aye
Braunstein
Aye

Committee:RULES   Chair:Heastie      
DATE:06/08/2016AYE/NAY:29/0  Action: Favorable         
Heastie
Aye
Kolb
Aye
Gottfried
Aye
Tedisco
Aye
Lentol
Aye
Oaks
Aye
Farrell
Aye
Butler
Aye
Gantt
Aye
Crouch
Aye
Nolan
Excused
Finch
Aye
Weinstein
Aye
Barclay
Aye
Hooper
Aye
Raia
Aye
Ortiz
Aye
Duprey
Aye
Pretlow
Aye
Cook
Aye
Glick
Aye
Morelle
Aye
Aubry
Aye
Englebright
Aye
Wright
Aye
Dinowitz
Aye
Colton
Aye
Magnarelli
Aye
Perry
Aye
Markey
Aye

A10214 Floor Votes:

A10214 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                        10214--D
 
                   IN ASSEMBLY
 
                                      May 17, 2016
                                       ___________
 
        Introduced  by  M.  of  A.  PALMESANO  --  read once and referred to the
          Committee on Real Property  Taxation  --  committee  discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee -- again reported from said  committee  with  amendments,  ordered
          reprinted  as  amended  and  recommitted  to  said  committee -- again
          reported from said committee with  amendments,  ordered  reprinted  as
          amended  and recommitted to said committee -- again reported from said
          committee with amendments, ordered reprinted as amended and  recommit-
          ted to said committee
 
        AN  ACT  to amend the real property tax law, in relation to an exemption
          of capital improvements to multiple dwelling buildings within  certain
          cities
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. The real property tax  law  is  amended  by  adding  a  new
     2  section 421-o to read as follows:
     3    § 421-o. Exemption of capital improvements to multiple dwelling build-
     4  ings  within  certain  cities.  1.  Multiple  dwelling buildings, recon-
     5  structed, altered, converted back to an  owner  occupied  single  family
     6  dwelling  located in any city having a population of more than ten thou-
     7  sand inhabitants but fewer than twelve  thousand  inhabitants,  that  is
     8  located  in a county having a population of more than ninety-seven thou-
     9  sand inhabitants but fewer than ninety-nine thousand inhabitants, deter-
    10  mined in accordance with the latest federal decennial census,  that  are
    11  reconstructed, altered or improved subsequent to the effective date of a
    12  local  law  or  resolution pursuant to this section shall be exempt from
    13  taxation and special ad valorem levies to the extent provided hereinaft-
    14  er. After a public hearing, the governing board of such city may adopt a
    15  local law to grant the exemption authorized pursuant to this section.  A
    16  copy  of  such  local  law  shall be filed with the commissioner and the
    17  assessor of such city who prepares the  assessment  roll  on  which  the
    18  taxes of such city are levied.
    19    2. (a) Such buildings within such city shall be exempt for a period of
    20  one  year  to  the  extent  of  one  hundred  percent of the increase in
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15431-05-6
        A. 10214--D                         2
 
     1  assessed  value  attributable  to  such  reconstruction,  alteration  or
     2  improvement  and for an additional period of eleven years subject to the
     3  following:
     4    (i)  The extent of such exemption shall be decreased by eight and one-
     5  third percent of the "exemption base" each year during  such  additional
     6  period.  The "exemption base" shall be the increase in assessed value as
     7  determined in the initial year of the term of the exemption,  except  as
     8  provided in subparagraph (ii) of this paragraph.
     9    (ii)  In  any year in which a change in level of assessment of fifteen
    10  percent or more is certified for a final assessment roll pursuant to the
    11  rules of the commissioner, the exemption base shall be multiplied  by  a
    12  fraction,  the  numerator  of which shall be the total assessed value of
    13  the parcel on such final assessment roll (after accounting for any phys-
    14  ical or quantity changes to the parcel since the  immediately  preceding
    15  assessment  roll),  and  the  denominator  of  which  shall be the total
    16  assessed value of the parcel on the immediately preceding final  assess-
    17  ment  roll.  The  result  shall be the new exemption base. The exemption
    18  shall thereupon be recomputed to take into  account  the  new  exemption
    19  base,  notwithstanding the fact that the assessor receives certification
    20  of the change in level of assessment after the completion,  verification
    21  and  filing of the final assessment roll. In the event the assessor does
    22  not have custody of the roll when such certification  is  received,  the
    23  assessor  shall  certify  the recomputed exemption to the local officers
    24  having custody and control of the roll,  and  such  local  officers  are
    25  hereby  directed and authorized to enter the recomputed exemption certi-
    26  fied by the assessor on the roll. The assessor shall give written notice
    27  of such recomputed exemption to the property owner, who may,  if  he  or
    28  she  believes that the exemption was recomputed incorrectly, apply for a
    29  correction in the manner provided by title three of article five of this
    30  chapter for the correction of clerical errors.
    31    (iii) Such exemption shall be limited to one hundred thousand  dollars
    32  in increased market value, or such other sum less than one hundred thou-
    33  sand  dollars, but not less than ten thousand dollars as may be provided
    34  by the local law or resolution, of the  property  attributable  to  such
    35  reconstruction,  alteration  or  improvement  and any increase in market
    36  value greater than such amount shall not be eligible for  the  exemption
    37  pursuant  to  this section. For the purposes of this section, the market
    38  value of the reconstruction, alteration or improvement shall be equal to
    39  the increased assessed value attributable to such reconstruction, alter-
    40  ation or improvement divided by  the  most  recently  established  state
    41  equalization  rate  for  such city. Where the state equalization rate or
    42  special equalization rate equals or  exceeds  ninety-five  percent,  the
    43  increase  in  assessed value attributable to such reconstruction, alter-
    44  ation or improvement shall be deemed to equal the market value  of  such
    45  reconstruction, alteration or improvement.
    46    (b) No such exemption shall be granted for reconstruction, alterations
    47  or improvements unless:
    48    (i)  such  reconstruction,  alteration  or  converted  improvement was
    49  commenced subsequent to the effective date  of  the  local  law  adopted
    50  pursuant to subdivision one of this section by such city;
    51    (ii)  the  value  of  such  reconstruction,  alteration or improvement
    52  exceeds five thousand dollars; and
    53    (iii) the greater portion, as so determined by square footage, of  the
    54  building reconstructed, altered or improved is at least five years old.
    55    (c)  For purposes of this section the terms reconstruction, alteration
    56  and improvement shall not include ordinary maintenance and repairs.
        A. 10214--D                         3
 
     1    3. Such exemption shall be granted only upon application by the  owner
     2  of  such building on a form prescribed by the commissioner. The applica-
     3  tion shall be filed with the assessor of such  city  on  or  before  the
     4  appropriate taxable status date of such city.
     5    4.  If satisfied that the applicant is entitled to an exemption pursu-
     6  ant to this section, the assessor shall approve the application and such
     7  building shall thereafter be exempt from taxation and special ad valorem
     8  levies as provided in this section commencing with the  assessment  roll
     9  prepared on the basis of the taxable status date referred to in subdivi-
    10  sion  three of this section. The assessed value of any exemption granted
    11  pursuant to this section shall be entered by the assessor on the assess-
    12  ment roll with the taxable property, with the amount  of  the  exemption
    13  shown in a separate column.
    14    5.  For  purposes  of  this  section,  an owner occupied single family
    15  dwelling shall mean any building or structure designed and  occupied  as
    16  the temporary or permanent residence or home of one family.
    17    6.  In the event that a building granted an exemption pursuant to this
    18  section ceases to be used primarily for residential  purposes  or  title
    19  thereto  is  transferred  to other than the heirs or distributees of the
    20  owner, the exemption granted pursuant to this section shall cease.
    21    7. (a) The enactment of a local law in such city may:
    22    (i) reduce the percent of exemption otherwise allowed pursuant to this
    23  section;
    24    (ii) limit eligibility for the exemption  to  those  forms  of  recon-
    25  struction,  alterations  or improvements as are prescribed in such local
    26  law or resolution;
    27    (iii) provide that the exemption shall be  applicable  only  to  those
    28  improvements which would otherwise result in an increase in the assessed
    29  valuation  of the real property but which consist of an addition, remod-
    30  eling or modernization to an existing residence  building  structure  to
    31  prevent physical deterioration of the structure or to comply with appli-
    32  cable building, sanitary, health and/or fire codes.
    33    (b)  No  such  local  law  shall reduce or repeal an exemption granted
    34  pursuant to this section until the expiration of the  period  for  which
    35  such exemption was granted.
    36    §  2. This act shall take effect on the first of January next succeed-
    37  ing the date on which it shall have become a law.