New York State Assembly

 
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A10416 Summary:

A10416 Actions:

A10416 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:06/07/2016AYE/NAY:33/0  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
Aye
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:06/14/2016AYE/NAY:27/0  Action: Favorable         
Heastie
Aye
Kolb
Aye
Gottfried
Aye
Tedisco
Aye
Lentol
Aye
Oaks
Aye
Farrell
Aye
Butler
Aye
Gantt
Aye
Crouch
Aye
Nolan
Aye
Finch
Excused
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
Excused
Dinowitz
Excused
Colton
Aye
Magnarelli
Aye
Perry
Aye
Markey
Aye

A10416 Floor Votes:

A10416 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                        10416--A
 
                   IN ASSEMBLY
 
                                      May 26, 2016
                                       ___________
 
        Introduced  by M. of A. GALEF, ABINANTI -- 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
 
        AN ACT to amend the real property tax law, in relation to a  residential
          revaluation exemption
 
          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 485-s to read as follows:
     3    §  485-s.  Residential  revaluation exemption. 1.  Applicability.  The
     4  governing body of an assessing unit located within a county with a popu-
     5  lation of not less than nine hundred thirty thousand and not  more  than
     6  one million two hundred thousand based upon the latest decennial census,
     7  may,  after  a  public  hearing, adopt the provisions of this section by
     8  local law in the first year of a full value  revaluation  to  provide  a
     9  residential revaluation exemption. If the governing body of an assessing
    10  unit  passes  a  local  law pursuant to this subdivision, such exemption
    11  shall also apply in the same manner and  to  the  same  extent  to  each
    12  village,  county,  special district or school district that levies taxes
    13  on the assessment roll prepared by  such  assessing  unit.    A  village
    14  assessing  unit,  within  an assessing unit that has conducted a revalu-
    15  ation and that chooses to  adopt  that  assessing  unit's  latest  final
    16  assessment  roll  is  permitted  to adopt the provisions of this section
    17  within two years of its implementation.
    18    2. Eligibility. (a) The assessors in each  assessing  unit  that  have
    19  adopted the provisions of this section shall, in the first year in which
    20  revaluation assessments are to be entered on the assessment roll and for
    21  the next succeeding year, apply to each eligible residential property an
    22  exemption  as  provided  in  subdivision  three of this section. For the
    23  purpose of this section, to be an "eligible  residential  property"  the
    24  following criteria must be met:
    25    (i)  The  property  must  be a one-, two-, or three-family residential
    26  property, provided that in an approved  assessing  unit  dwelling  units
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15595-08-6
        A. 10416--A                         2
 
     1  held  in  condominium form of ownership that are classified in the home-
     2  stead class shall also be eligible;
     3    (ii)  The  property  must  be  eligible  to receive the STAR exemption
     4  authorized by section four hundred twenty-five  of  this  title  or  the
     5  owner  or  owners  must  be  eligible to receive the personal income tax
     6  school tax relief  (STAR)  credit  authorized  by  subsection  (eee)  of
     7  section  six hundred six of the tax law, as added by section six of part
     8  A of chapter sixty of the laws of two thousand sixteen, for such proper-
     9  ty.
    10    (iii) In any given year, the owner or owners receiving  the  exemption
    11  pursuant  to  this  section must be the same as the owner or owners that
    12  appeared on the assessment roll upon which  the  revaluation  is  imple-
    13  mented;
    14    (iv)  The property must have a Certificate of Occupancy or a temporary
    15  Certificate of Occupancy; and
    16    (v) The property must not have any delinquent taxes as of the  taxable
    17  status date for the roll on which an exemption is applied.
    18    (b)  In  addition  to  the  criteria provided in paragraph (a) of this
    19  subdivision, an assessing unit may  further  limit  the  eligibility  to
    20  eligible  residential  property whose full value increase exceeded a set
    21  value threshold as specified in their local law adopting the  provisions
    22  of this section.  If provided by local law, the assessing unit may elect
    23  to  grant exemptions to only those properties that do not have outstand-
    24  ing building code violations.
    25    3. Exemption calculation. (a)(i) The exemption shall be computed  with
    26  respect  to  a  percentage  of  the "exemption base." The exemption base
    27  shall be the amount by which the assessed value of  a  property  on  the
    28  assessment  roll  upon  which the revaluation is implemented exceeds the
    29  prior year's equalized assessed value,  as  determined  in  the  initial
    30  year.  The  prior year's equalized assessed value shall be determined by
    31  applying the applicable change in level  of  assessment  factor  to  the
    32  prior  year's  assessed  value.  Such  exemption  base shall not include
    33  increases due to a physical improvement or a removal or reduction of  an
    34  exemption on property.
    35    (ii)  Any  increase  in  the  assessment of a property due to physical
    36  changes in the year following  the  implementation  roll  shall  not  be
    37  eligible for the exemption. In the event that any portion of a parcel is
    38  fully  or  partially removed from the roll during the year following the
    39  implementation roll by reason of fire, demolition,  destruction  or  new
    40  exemption,  the  assessor  shall  reduce the exemption for any remaining
    41  portion in the same proportion assessment  is  reduced  for  such  fire,
    42  demolition,  destruction  or new exemption.  If a property's revaluation
    43  assessment is reduced pursuant to title one-A of article five, or  title
    44  one  or  one-A  of article seven of this chapter, the exemption shall be
    45  recomputed accordingly.
    46    (b)(i) The exemption shall be to the extent of sixty-six per centum of
    47  the exemption base in year  one  and  thirty-three  per  centum  of  the
    48  exemption base in year two.
    49    (ii)  The  following  table  shall  illustrate  the computation of the
    50  exemption:
    51       Year of exemption        Percentage of Exemption
    52       1                        66% of exemption base
    53       2                        33% of exemption base
    54    4. Granting of exemption.  (a) Such exemption shall  be  granted  only
    55  upon  application by the owner or owners of such real property on a form
    56  prescribed by the commissioner. Such application shall be filed with the
        A. 10416--A                         3

     1  assessor on or before  the  appropriate  taxable  status  date  for  the
     2  assessment roll upon which the revaluation is implemented.
     3    (b)  If the assessor is satisfied that the applicant is entitled to an
     4  exemption pursuant to this section, he or she shall approve the applica-
     5  tion and the taxable assessed value shall be reduced by  the  exemption,
     6  as in this section provided commencing with the assessment roll prepared
     7  after  the  taxable  status  date.  The  assessed value of any exemption
     8  granted pursuant to this section shall be entered by the assessor on the
     9  assessment roll with the amount of the exemption  shown  in  a  separate
    10  column.
    11    (c)  In  the  event that the residential property granted an exemption
    12  pursuant to this section transfers ownership or otherwise ceases to meet
    13  the eligibility requirements of the exemption in subdivision two of this
    14  section, the exemption granted pursuant to this section shall be discon-
    15  tinued. Upon determining that an  exemption  granted  pursuant  to  this
    16  section  should  be  discontinued,  the  assessor shall mail a notice so
    17  stating to the owner or owners thereof at the time  and  in  the  manner
    18  provided by section five hundred ten of this chapter.
    19    §  2.  The  following provisions shall apply in an assessing unit that
    20  adopts the provisions of section 485-s of the real property tax law  for
    21  an assessment roll finalized in the year 2016. Notwithstanding paragraph
    22  (a)  of  subdivision  4  of  section 485-s of the real property tax law,
    23  applications for exemption shall be filed with the assessor on or before
    24  a date specified in the local law adopting  the  provisions  of  section
    25  485-s of the real property tax law on a form prescribed by the assessing
    26  unit.   Notwithstanding any other section of law to the contrary, to the
    27  extent the taxable assessed value of the property  originally  appearing
    28  on  such  roll exceeds the amount to which it should be reduced pursuant
    29  to section 485-s of the real property tax law, the assessor shall  amend
    30  the  assessment roll accordingly. The assessor shall give written notice
    31  of such exemption to the property owner.  Where the assessor  denies  an
    32  exemption  or  incorrectly  calculates the exemption pursuant to section
    33  485-s of the real property tax law for the  2016  assessment  roll,  the
    34  property owner may file a complaint with the board of assessment review.
    35  Such board shall reconvene on a date or dates established by the assess-
    36  ing  unit,  provided  at  least ten days' notice is given in writing; by
    37  certified mail, return receipt requested, to the property owner, to hear
    38  the appeal and determine the matter, and shall mail  written  notice  of
    39  its  determination  to  the assessor and property owner. Notwithstanding
    40  sections 283.161 and 283.171 of the  Westchester  County  Administrative
    41  Code,  for  the  purpose  of  implementing  the  residential revaluation
    42  exemption, the assessor or assessors shall file the 2016 assessment roll
    43  on or before the first day of December. The rights contained in this act
    44  shall not otherwise diminish any other legally available  right  of  any
    45  property  owner  or party who may otherwise lawfully challenge the valu-
    46  ation or assessment of any real property or  improvements  thereon.  All
    47  remaining  rights  hereby  remain and shall be available to the party to
    48  whom such rights would otherwise be available notwithstanding this act.
    49    § 3. This act shall take effect immediately and shall apply to assess-
    50  ment rolls prepared on and after January 1, 2016.