Authorizes cities having a population of one million or more to provide rebates of a portion of the real property taxes on owner occupied residential real property, when the owner's federal adjusted gross income does not exceed $500,000 for the preceding tax year.
STATE OF NEW YORK
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5673--A
2015-2016 Regular Sessions
IN SENATE
May 27, 2015
___________
Introduced by Sens. KLEIN, AVELLA, SAVINO -- 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 -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the real property tax law, in relation to rebates 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. Subdivision 1 of section 467-e of the real property tax
2 law, as amended by chapter 483 of the laws of 2007, is amended to read
3 as follows:
4 1. Generally. Notwithstanding any provision of any general, special or
5 local law to the contrary, any city having a population of one million
6 or more is hereby authorized and empowered to adopt and amend local laws
7 in accordance with this section to grant a rebate of real property taxes
8 for fiscal years beginning on the first of July, two thousand [three]
9 sixteen and ending on the thirtieth of June, two thousand [nine] nine-
10 teen in the amount of the lesser of [four] five hundred dollars or the
11 annual tax liability imposed on the property. [No such local law may be
12 adopted unless, as originally adopted, it authorizes such rebate to be
13 granted in accordance with this section for three consecutive fiscal
14 years beginning with the fiscal year beginning on the first of July, two
15 thousand three.] No such rebate shall be granted by local law for any
16 fiscal year beginning on or after the first of July, two thousand [nine]
17 nineteen, unless the council of such city, in fixing the annual tax
18 rates for any such fiscal year, shall have uniformly reduced such rates
19 for all classes of property in order to produce real property tax relief
20 among such classes of property in an amount not less than, in the aggre-
21 gate, the aggregate amount of rebate paid in such fiscal year. [No such
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10690-03-6
S. 5673--A 2
1 local law implementing the provisions of this section, as amended by the
2 chapter of the laws of two thousand seven which added this sentence, may
3 be adopted unless, as originally adopted, such local law authorizes such
4 rebate to be granted in accordance with this section for three consec-
5 utive fiscal years beginning with the fiscal year beginning on the first
6 of July, two thousand six. Any rebate authorized by local law in accord-
7 ance with this section shall be paid in the fiscal year following the
8 fiscal year for which the rebate is granted.] If, with respect to the
9 fiscal year of such city beginning on the first of July, two thousand
10 [eight] sixteen and ending on the thirtieth of June, two thousand [nine]
11 nineteen, an increase in average real property tax rates would otherwise
12 be necessary in the resolution of such city council fixing real property
13 tax rates for such fiscal year pursuant to the charter of such city,
14 then the rebate to be paid for such fiscal year shall be reduced or
15 eliminated as follows: where the sum to be raised by such increase is
16 less than seven hundred fifty million dollars, then such rebate shall be
17 reduced by fifty cents for each dollar of increase, and where the sum to
18 be raised by such increase is seven hundred fifty million dollars or
19 more, then such rebate shall be eliminated. The determination of the
20 reduction or elimination of such rebate shall be set forth in such
21 resolution after consultation with the department of finance of such
22 city and shall take effect upon the final adoption of such resolution.
23 Such rebate shall be paid to an owner or tenant-stockholder who, as of
24 the date the application provided for in subdivision four of this
25 section is due, owns a one, two or three family residence or a dwelling
26 unit in residential property held in the condominium or cooperative form
27 of ownership that is the owner or tenant-stockholder's primary residence
28 and meets all other eligibility requirements of this section. Notwith-
29 standing anything to the contrary in sections four hundred twenty-one-a,
30 four hundred twenty-one-b or four hundred twenty-one-g of this title, an
31 owner or tenant-stockholder whose property is receiving benefits pursu-
32 ant to such sections shall not be prohibited from receiving a rebate
33 pursuant to this section if such owner or tenant-stockholder is other-
34 wise eligible to receive such rebate. Tenant-stockholders of dwelling
35 units in a cooperative apartment corporation incorporated as a mutual
36 company pursuant to article two, four, five or eleven of the private
37 housing finance law shall not be entitled to the rebate authorized by
38 this section. Such rebate shall be paid by the commissioner of finance
39 to eligible owners or tenant-stockholders in accordance with rules
40 promulgated by the commissioner of finance.
41 § 2. Subparagraphs 2 and 3 of paragraph a of subdivision 2 of section
42 467-e of the real property tax law, as added by section 1 of part V of
43 chapter 60 of the laws of 2004, are amended and a new subparagraph 4 is
44 added to read as follows:
45 (2) the property must serve as the primary residence of one or more of
46 the owners or tenant-stockholders thereof; [and]
47 (3) the owner must not be in arrears in the payment of real property
48 taxes in an amount in excess of twenty-five dollars for the fiscal year
49 for which the rebate is claimed and all prior fiscal years, and for
50 residential property held in the cooperative form of ownership, there
51 must be no arrears in the payment of real property taxes in an amount in
52 excess of an average of twenty-five dollars per dwelling unit in such
53 cooperative apartment corporation for the fiscal year for which the
54 rebate is claimed and all prior fiscal years[.]; and
S. 5673--A 3
1 (4) the federal adjusted gross income of the owner or owners, or the
2 tenant-stockholder or tenant-stockholders does not exceed five hundred
3 thousand dollars in the immediately preceding income tax year.
4 § 3. Paragraph a of subdivision 4 of section 467-e of the real proper-
5 ty tax law, as amended by chapter 483 of the laws of 2007, is amended to
6 read as follows:
7 a. Generally. Notwithstanding any provision of any general, special or
8 local law to the contrary, an application for a rebate pursuant to this
9 section for the fiscal year beginning the first of July, two thousand
10 [three] sixteen, shall be made no later than the date published by the
11 commissioner of finance in the city record and in other appropriate
12 general notices pursuant to this subdivision, which date shall be no
13 earlier than thirty days after the effective date of this subdivision.
14 An application for a rebate pursuant to this section for fiscal years
15 beginning on or after the first of July, two thousand [four] seventeen
16 and ending on the thirtieth of June, two thousand [six] nineteen, shall
17 be made no later than the fifteenth of March of the fiscal year for
18 which the rebate is claimed. [An application for a rebate pursuant to
19 this section for fiscal years beginning on or after the first of July,
20 two thousand six, shall be made no later than the first of September
21 following the fiscal year for which the rebate is claimed.] All owners
22 or tenant-stockholders of property who primarily reside thereon must
23 jointly file an application for the rebate on or before the application
24 deadline, unless such owners or tenant-stockholders currently receive a
25 real property tax exemption pursuant to section four hundred twenty-
26 five, four hundred fifty-eight, four hundred fifty-eight-a, four hundred
27 fifty-nine-c or four hundred sixty-seven of this title, in which case no
28 separate application for a rebate pursuant to this section shall be
29 required. Such application may be filed by mail if it is enclosed in a
30 postpaid envelope properly addressed to the commissioner of finance,
31 deposited in a post office or official depository under the exclusive
32 care of the United States postal service, and postmarked by the United
33 States postal service on or before the application deadline. Each such
34 application shall be made on a form prescribed by the commissioner of
35 finance, which shall require the applicant to agree to notify the
36 commissioner of finance if his, her or their primary residence changes
37 after receiving the rebate pursuant to this section, or after filing an
38 application for such rebate, if his, her or their primary residence
39 changes after filing such application, but before receiving such rebate.
40 The commissioner of finance may request that proof of primary residence
41 be submitted with the application. No rebate pursuant to this section
42 shall be granted unless the applicant, if required to do so by this
43 subdivision, files an application within the time periods prescribed in
44 this subdivision.
45 § 4. This act shall take effect immediately.
