Authorizes cities having a population of one million or more to provide a rebate during a specified city fiscal year of a portion of the real property taxes on owner occupied 1, 2, 3, 4, 5 or 6 family residential real property, or residential real property held in the condominium or cooperative form of ownership.
STATE OF NEW YORK
________________________________________________________________________
4136--C
Cal. No. 326
2017-2018 Regular Sessions
IN SENATE
February 3, 2017
___________
Introduced by Sens. LANZA, FELDER -- read twice and ordered printed, and
when printed to be committed to the Committee on Cities -- recommitted
to the Committee on Cities in accordance with Senate Rule 6, sec. 8 --
reported favorably from said committee, ordered to first report,
amended on first report, ordered to a second report and ordered
reprinted, retaining its place in the order of second report --
ordered to a third reading, amended and ordered reprinted, retaining
its place in the order of third reading -- again 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 a rebate of
real property taxes on certain residential real property 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. The section heading of section 467-e of the real property
2 tax law, as added by section 1 of part V of chapter 60 of the laws of
3 2004, is amended to read as follows:
4 Rebate for owners or tenant-stockholders of one, two [or], three,
5 four, five or six family residences or residential property held in the
6 condominium or cooperative form of ownership in a city having a popu-
7 lation of one million or more.
8 § 2. Subdivision 1 of section 467-e of the real property tax law, as
9 amended by chapter 483 of the laws of 2007, is amended to read as
10 follows:
11 1. Generally. Notwithstanding any provision of any general, special or
12 local law to the contrary, any city having a population of one million
13 or more is hereby authorized and empowered to adopt and amend local laws
14 in accordance with this section to grant a rebate of real property taxes
15 for the fiscal years beginning on the first of July, two thousand
16 [three] eighteen and ending on the thirtieth of June, two thousand
17 [nine] twenty in the amount of [the lesser of] up to four hundred
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09732-08-8
S. 4136--C 2
1 dollars [or] but in no case more than the annual tax liability imposed
2 on the property. [No such local law may be adopted unless, as originally
3 adopted, it authorizes such rebate to be granted in accordance with this
4 section for three consecutive fiscal years beginning with the fiscal
5 year beginning on the first of July, two thousand three. No such rebate
6 shall be granted by local law for any fiscal year beginning on or after
7 the first of July, two thousand nine, unless the council of such city,
8 in fixing the annual tax rates for any such fiscal year, shall have
9 uniformly reduced such rates for all classes of property in order to
10 produce real property tax relief among such classes of property in an
11 amount not less than, in the aggregate, the aggregate amount of rebate
12 paid in such fiscal year. No such local law implementing the provisions
13 of this section, as amended by the chapter of the laws of two thousand
14 seven which added this sentence, may be adopted unless, as originally
15 adopted, such local law authorizes such rebate to be granted in accord-
16 ance with this section for three consecutive fiscal years beginning with
17 the fiscal year beginning on the first of July, two thousand six.] Any
18 rebate authorized by local law in accordance with this section shall be
19 paid in the fiscal year following the fiscal year for which the rebate
20 is granted. [If, with respect to the fiscal year of such city beginning
21 on the first of July, two thousand eight and ending on the thirtieth of
22 June, two thousand nine, an increase in average real property tax rates
23 would otherwise be necessary in the resolution of such city council
24 fixing real property tax rates for such fiscal year pursuant to the
25 charter of such city, then the rebate to be paid for such fiscal year
26 shall be reduced or eliminated as follows: where the sum to be raised by
27 such increase is less than seven hundred fifty million dollars, then
28 such rebate shall be reduced by fifty cents for each dollar of increase,
29 and where the sum to be raised by such increase is seven hundred fifty
30 million dollars or more, then such rebate shall be eliminated. The
31 determination of the reduction or elimination of such rebate shall be
32 set forth in such resolution after consultation with the department of
33 finance of such city and shall take effect upon the final adoption of
34 such resolution.] Such rebate shall be paid to an owner or tenant-stock-
35 holder who, as of the date the application provided for in subdivision
36 four of this section is due, owns a one, two [or], three, four, five or
37 six family residence or a dwelling unit in residential property held in
38 the condominium or cooperative form of ownership that is the owner or
39 tenant-stockholder's primary residence and meets all other eligibility
40 requirements of this section, unless the local legislative body provides
41 by local law that only owners or tenant-stockholders of a subset of
42 those property types are eligible to be paid the rebate. The local
43 legislative body may by local law restrict eligibility on the basis of
44 whether an owner or tenant-stockholder is receiving a particular other
45 benefit pursuant to this chapter or the private housing finance law.
46 [Notwithstanding anything to the contrary in sections four hundred twen-
47 ty-one-a, four hundred twenty-one-b or four hundred twenty-one-g of this
48 title, an owner or tenant-stockholder whose property is receiving bene-
49 fits pursuant to such sections shall not be prohibited from receiving a
50 rebate pursuant to this section if such owner or tenant-stockholder is
51 otherwise eligible to receive such rebate. Tenant-stockholders of
52 dwelling units in a cooperative apartment corporation incorporated as a
53 mutual company pursuant to article two, four, five or eleven of the
54 private housing finance law shall not be entitled to the rebate author-
55 ized by this section.] Such rebate shall be paid by the commissioner of
S. 4136--C 3
1 finance to eligible owners or tenant-stockholders in accordance with
2 rules promulgated by the commissioner of finance.
3 § 3. Subparagraph 1 of paragraph a of subdivision 2 of section 467-e
4 of the real property tax law, as added by section 1 of part V of chapter
5 60 of the laws of 2004, is amended to read as follows:
6 (1) the property must be a one, two [or], three, four, five or six
7 family residence or residential property held in the condominium or
8 cooperative form of ownership unless otherwise set forth in the local
9 law adopted by the local legislative body in accordance with subdivision
10 one of this section;
11 § 4. Subparagraph 3 of paragraph a of subdivision 2 of section 467-e
12 of the real property tax law, as added by section 1 of part V of chapter
13 60 of the laws of 2004, is amended to read as follows:
14 (3) the owner must not be in arrears in the payment of real property
15 taxes in an amount in excess of twenty-five dollars for the fiscal year
16 for which the rebate is claimed and all prior fiscal years, and for
17 residential property held in the cooperative form of ownership, there
18 must be no arrears in the payment of real property taxes in an amount in
19 excess of an average of twenty-five dollars per dwelling unit in such
20 cooperative apartment corporation for the fiscal year for which the
21 rebate is claimed and all prior fiscal years, except that if the owner
22 has entered into an installment agreement with the city to address such
23 arrears and is not in default on such agreement, such owner would be
24 eligible to receive the rebate, however the amount of such rebate shall
25 first be applied to the installment agreement with any excess amount
26 provided to the owner in the form of a rebate.
27 § 5. Paragraph c of subdivision 3 of section 467-e of the real proper-
28 ty tax law, as added by section 1 of part V of chapter 60 of the laws of
29 2004, is amended to read as follows:
30 c. "Property" means a one, two [or], three, four, five or six family
31 residence or a dwelling unit in residential property held in the condo-
32 minium or cooperative form of ownership or such subset of property type
33 as set forth in the local law adopted by the local legislative body.
34 § 6. Paragraph a of subdivision 4 of section 467-e of the real proper-
35 ty tax law, as amended by chapter 483 of the laws of 2007, is amended to
36 read as follows:
37 a. Generally. Notwithstanding any provision of any general, special or
38 local law to the contrary, an application for a rebate pursuant to this
39 section for the fiscal year beginning the first of July, two thousand
40 [three] eighteen, shall be made no later than the date published by the
41 commissioner of finance in the city record and in other appropriate
42 general notices pursuant to this subdivision, which date shall be no
43 earlier than thirty days after the effective date of this subdivision.
44 [An application for a rebate pursuant to this section for fiscal years
45 beginning on or after the first of July, two thousand four and ending on
46 the thirtieth of June, two thousand six, shall be made no later than the
47 fifteenth of March of the fiscal year for which the rebate is claimed.
48 An application for a rebate pursuant to this section for fiscal years
49 beginning on or after the first of July, two thousand six, shall be made
50 no later than the first of September following the fiscal year for which
51 the rebate is claimed.] An application for a rebate pursuant to this
52 section shall be made no later than the fifteenth of March of the fiscal
53 year for which the rebate is claimed. All owners or tenant-stockholders
54 of property who primarily reside thereon must jointly file an applica-
55 tion for the rebate on or before the application deadline, unless such
56 owners or tenant-stockholders currently receive a real property tax
S. 4136--C 4
1 exemption pursuant to section four hundred twenty-five, four hundred
2 fifty-eight, four hundred fifty-eight-a, four hundred fifty-nine-c or
3 four hundred sixty-seven of this title, in which case no separate appli-
4 cation for a rebate pursuant to this section shall be required. [Such]
5 The commissioner of finance may determine the manner by which such
6 application may be filed and may require that such application [may] be
7 filed by mail if it is enclosed in a postpaid envelope properly
8 addressed to the commissioner of finance, deposited in a post office or
9 official depository under the exclusive care of the United States postal
10 service, and postmarked by the United States postal service on or before
11 the application deadline or submitted online. Each such application
12 shall be made on a form prescribed by the commissioner of finance, which
13 shall require the applicant to agree to notify the commissioner of
14 finance if his, her or their primary residence changes after receiving
15 the rebate pursuant to this section, or after filing an application for
16 such rebate, if his, her or their primary residence changes after filing
17 such application, but before receiving such rebate. The commissioner of
18 finance may request that proof of primary residence be submitted with
19 the application. No rebate pursuant to this section shall be granted
20 unless the applicant, if required to do so by this subdivision, files an
21 application within the time periods prescribed in this subdivision.
22 § 7. This act shall take effect immediately.