Extends 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
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3252--A
Cal. No. 845
2023-2024 Regular Sessions
IN SENATE
January 30, 2023
___________
Introduced by Sens. LIU, CHU -- read twice and ordered printed, and when
printed to be committed to the Committee on Cities 1 -- reported
favorably from said committee, ordered to first and second report,
ordered to a third reading, amended and ordered reprinted, retaining
its place in the order of third reading
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 chapter 184 of the laws of
3 2021, 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 through two thousand [twenty-two]
19 twenty-six no more than a maximum of three dwelling units owned by any
20 unit owner in a single building, one of which must be the primary resi-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08043-03-3
S. 3252--A 2
1 dence of such unit owner, shall be eligible to receive a partial abate-
2 ment pursuant to paragraphs (d-1), (d-2), (d-3) and (d-4) of this subdi-
3 vision.
4 (b) In a city having a population of one million or more, dwelling
5 units owned by tenant-stockholders who, as of the applicable taxable
6 status date, own no more than three dwelling units in any one property
7 held in the cooperative form of ownership, shall be eligible to receive
8 a 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 cooperative 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 through two thousand [twenty-two]
19 twenty-six no more than a maximum of three dwelling units owned by any
20 tenant-stockholder in a single building, one of which must be the prima-
21 ry residence of such tenant-stockholder, shall be eligible to receive a
22 partial abatement pursuant to paragraphs (d-1), (d-2), (d-3) and (d-4)
23 of this subdivision. For purposes of this section, a tenant-stockholder
24 of a cooperative apartment corporation shall be deemed to own the dwell-
25 ing unit which is represented by his or her shares of stock in such
26 corporation. Any abatement so granted shall be credited by the appropri-
27 ate taxing authority against the tax due on the property as a whole. The
28 reduction in real property taxes received thereby shall be credited by
29 the cooperative apartment corporation against the amount of such taxes
30 attributable to eligible dwelling units at the time of receipt.
31 § 2. Paragraphs (d-1), (d-2), (d-3) and (d-4) of subdivision 2 of
32 section 467-a of the real property tax law, as amended by chapter 184 of
33 the laws of 2021, are amended to read as follows:
34 (d-1) In the fiscal years commencing in calendar years two thousand
35 twelve, two thousand thirteen and two thousand fourteen, eligible dwell-
36 ing units in property whose average unit assessed value is less than or
37 equal to fifty thousand dollars shall receive a partial abatement of the
38 real property taxes attributable to or due on such dwelling units of
39 twenty-five percent, twenty-six and one-half percent and twenty-eight
40 and one-tenth percent respectively. In the fiscal years commencing in
41 calendar years two thousand fifteen through two thousand [twenty-two]
42 twenty-six eligible dwelling units in property whose average unit
43 assessed value is less than or equal to fifty thousand dollars shall
44 receive a partial abatement of the real property taxes attributable to
45 or due on such dwelling units of twenty-eight and one-tenth percent.
46 (d-2) In the fiscal years commencing in calendar years two thousand
47 twelve, two thousand thirteen and two thousand fourteen, eligible dwell-
48 ing units in property whose average unit assessed value is more than
49 fifty thousand dollars, but less than or equal to fifty-five thousand
50 dollars, shall receive a partial abatement of the real property taxes
51 attributable to or due on such dwelling units of twenty-two and one-half
52 percent, twenty-three and eight-tenths percent and twenty-five and two-
53 tenths percent respectively. In the fiscal years commencing in calendar
54 years two thousand fifteen through two thousand [twenty-two] twenty-six
55 eligible dwelling units in property whose average unit assessed value is
56 more than fifty thousand dollars, but less than or equal to fifty-five
S. 3252--A 3
1 thousand dollars, shall receive a partial abatement of the real property
2 taxes attributable to or due on such dwelling units of twenty-five and
3 two-tenths percent.
4 (d-3) In the fiscal years commencing in calendar years two thousand
5 twelve, two thousand thirteen and two thousand fourteen, eligible dwell-
6 ing units in property whose average unit assessed value is more than
7 fifty-five thousand dollars, but less than or equal to sixty thousand
8 dollars, shall receive a partial abatement of the real property taxes
9 attributable to or due on such dwelling units of twenty percent, twen-
10 ty-one and two-tenths percent, and twenty-two and five-tenths percent
11 respectively. In the fiscal years commencing in calendar years two thou-
12 sand fifteen through two thousand [twenty-two] twenty-six eligible
13 dwelling units in property whose average unit assessed value is more
14 than fifty-five thousand dollars, but less than or equal to sixty thou-
15 sand dollars, shall receive a partial abatement of the real property
16 taxes attributable to or due on such dwelling units of twenty-two and
17 five-tenths percent.
18 (d-4) In the fiscal years commencing in calendar years two thousand
19 twelve through two thousand [twenty-two] twenty-six, eligible dwelling
20 units in property whose average unit assessed value is more than sixty
21 thousand dollars shall receive a partial abatement of the real property
22 taxes attributable to or due on such dwelling units of seventeen and
23 one-half percent.
24 § 3. Paragraph (a) of subdivision 3 of section 467-a of the real prop-
25 erty tax law, as amended by chapter 184 of the laws of 2021, is amended
26 to read as follows:
27 (a) An application for an abatement pursuant to this section for the
28 fiscal year commencing in calendar year nineteen hundred ninety-six
29 shall be made no later than the fifteenth day of September, nineteen
30 hundred ninety-six. An application for an abatement pursuant to this
31 section for the fiscal year commencing in calendar year nineteen hundred
32 ninety-seven shall be made no later than the first day of April, nine-
33 teen hundred ninety-seven. An application for an abatement pursuant to
34 this section for the fiscal year commencing in calendar year nineteen
35 hundred ninety-eight shall be made no later than the first day of April,
36 nineteen hundred ninety-eight. An application for an abatement pursuant
37 to this section for the fiscal year commencing in calendar year nineteen
38 hundred ninety-nine shall be made in accordance with this subdivision
39 and subdivision three-a of this section. An application for an abatement
40 pursuant to this section for the fiscal year commencing in calendar year
41 two thousand shall be made no later than the fifteenth day of February,
42 two thousand. An application for an abatement pursuant to this section
43 for the fiscal year commencing in calendar year two thousand one shall
44 be made in accordance with this subdivision and subdivision three-b of
45 this section. An application for an abatement pursuant to this section
46 for the fiscal year commencing in calendar year two thousand two shall
47 be made no later than the fifteenth day of February, two thousand two.
48 An application for an abatement pursuant to this section for the fiscal
49 year commencing in calendar year two thousand three shall be made no
50 later than the fifteenth day of February, two thousand three. An appli-
51 cation for an abatement pursuant to this section for the fiscal year
52 commencing in calendar year two thousand four shall be made in accord-
53 ance with this subdivision and subdivision three-c of this section. An
54 application for an abatement pursuant to this section for the fiscal
55 year commencing in calendar year two thousand five shall be made no
56 later than the fifteenth day of February, two thousand five. An applica-
S. 3252--A 4
1 tion for an abatement pursuant to this section for the fiscal year
2 commencing in calendar year two thousand six shall be made no later than
3 the fifteenth day of February, two thousand six. An application for an
4 abatement pursuant to this section for the fiscal year commencing in
5 calendar year two thousand seven shall be made no later than the
6 fifteenth day of February, two thousand seven. An application for abate-
7 ment pursuant to this section for the fiscal year commencing in calendar
8 year two thousand eight shall be made in accordance with this subdivi-
9 sion and subdivision three-d of this section. An application for an
10 abatement pursuant to this section for the fiscal year commencing in
11 calendar year two thousand nine shall be made no later than the
12 fifteenth day of February, two thousand nine. An application for an
13 abatement pursuant to this section for the fiscal year commencing in
14 calendar year two thousand ten shall be made no later than the fifteenth
15 day of February, two thousand ten. An application for an abatement
16 pursuant to this section for the fiscal year commencing in calendar year
17 two thousand eleven shall be made no later than the fifteenth day of
18 February, two thousand eleven. An application for an abatement pursuant
19 to this section for the fiscal years commencing in calendar years two
20 thousand twelve and two thousand thirteen shall be made in accordance
21 with subdivision three-e of this section. The date or dates by which
22 applications for an abatement pursuant to this section shall be made for
23 the fiscal years beginning in calendar years two thousand fourteen
24 through two thousand [twenty-two] twenty-six shall be established by the
25 commissioner of finance by rule, provided that such date or dates shall
26 not be later than the fifteenth day of February for such calendar years.
27 § 4. This act shall take effect immediately.
