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S06497 Summary:

S06497 Actions:

S06497 Committee Votes:

S06497 Floor Votes:

S06497 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         6497--A
 
                               2019-2020 Regular Sessions
 
                    IN SENATE
 
                                      June 14, 2019
                                       ___________
 
        Introduced  by Sen. KAVANAGH -- read twice and ordered printed, and when
          printed to be  committed  to  the  Committee  on  Rules  --  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 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 section 61 of part A of chapter
     3  20 of the laws of 2015, 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[, two thousand thirteen, two thousand
    19  fourteen, two thousand  fifteen,  two  thousand  sixteen,  two  thousand
    20  seventeen  or two thousand eighteen] through two thousand twenty no more
    21  than a maximum of three dwelling units owned by  any  unit  owner  in  a
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13372-02-9
        S. 6497--A                          2
 
     1  single building, one of which must be the primary residence of such unit
     2  owner,  shall  be  eligible  to  receive a partial abatement pursuant to
     3  paragraphs (d-1), (d-2), (d-3) and (d-4) of this subdivision.
     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[, two thousand thirteen, two thousand
    19  fourteen, two thousand  fifteen,  two  thousand  sixteen,  two  thousand
    20  seventeen  or two thousand eighteen] through two thousand twenty no more
    21  than a maximum of three dwelling units owned by  any  tenant-stockholder
    22  in a single building, one of which must be the primary residence of such
    23  tenant-stockholder,  shall  be  eligible  to receive a partial abatement
    24  pursuant to paragraphs (d-1), (d-2), (d-3) and (d-4)  of  this  subdivi-
    25  sion.  For  purposes  of this section, a tenant-stockholder of a cooper-
    26  ative apartment corporation shall be deemed to  own  the  dwelling  unit
    27  which  is represented by his or her shares of stock in such corporation.
    28  Any abatement so granted shall be credited  by  the  appropriate  taxing
    29  authority  against the tax due on the property as a whole. The reduction
    30  in real property taxes received thereby shall be credited by the cooper-
    31  ative apartment corporation against the amount of such  taxes  attribut-
    32  able to eligible dwelling units at the time of receipt.
    33    §  2.  Paragraphs  (d-1),  (d-2),  (d-3) and (d-4) of subdivision 2 of
    34  section 467-a of the real property tax law, as amended by section 62  of
    35  part  A  of  chapter  20  of  the  laws  of 2015, are amended to read as
    36  follows:
    37    (d-1) In the fiscal years commencing in calendar  years  two  thousand
    38  twelve, two thousand thirteen and two thousand fourteen, eligible dwell-
    39  ing  units in property whose average unit assessed value is less than or
    40  equal to fifty thousand dollars shall receive a partial abatement of the
    41  real property taxes attributable to or due on  such  dwelling  units  of
    42  twenty-five  percent,  twenty-six  and one-half percent and twenty-eight
    43  and one-tenth percent respectively. In the fiscal  years  commencing  in
    44  calendar years two thousand fifteen[, two thousand sixteen, two thousand
    45  seventeen  and two thousand eighteen] through two thousand twenty eligi-
    46  ble dwelling units in property whose average unit assessed value is less
    47  than or equal to fifty thousand dollars shall receive a  partial  abate-
    48  ment  of the real property taxes attributable to or due on such dwelling
    49  units of twenty-eight and one-tenth percent.
    50    (d-2) In the fiscal years commencing in calendar  years  two  thousand
    51  twelve, two thousand thirteen and two thousand fourteen, eligible dwell-
    52  ing  units  in  property  whose average unit assessed value is more than
    53  fifty thousand dollars, but less than or equal  to  fifty-five  thousand
    54  dollars,  shall  receive  a partial abatement of the real property taxes
    55  attributable to or due on such dwelling units of twenty-two and one-half
    56  percent, twenty-three and eight-tenths percent and twenty-five and  two-
        S. 6497--A                          3
 
     1  tenths  percent respectively. In the fiscal years commencing in calendar
     2  years two thousand fifteen[, two thousand sixteen, two  thousand  seven-
     3  teen  and  two  thousand  eighteen] through two thousand twenty eligible
     4  dwelling  units  in  property  whose average unit assessed value is more
     5  than fifty thousand dollars, but less than or equal to fifty-five  thou-
     6  sand  dollars,  shall  receive  a partial abatement of the real property
     7  taxes attributable to or due on such dwelling units of  twenty-five  and
     8  two-tenths percent.
     9    (d-3)  In  the  fiscal years commencing in calendar years two thousand
    10  twelve, two thousand thirteen and two thousand fourteen, eligible dwell-
    11  ing units in property whose average unit assessed  value  is  more  than
    12  fifty-five  thousand  dollars,  but less than or equal to sixty thousand
    13  dollars, shall receive a partial abatement of the  real  property  taxes
    14  attributable  to  or due on such dwelling units of twenty percent, twen-
    15  ty-one and two-tenths percent, and twenty-two  and  five-tenths  percent
    16  respectively. In the fiscal years commencing in calendar years two thou-
    17  sand  fifteen[,  two  thousand  sixteen,  two thousand seventeen and two
    18  thousand eighteen] through two thousand twenty eligible  dwelling  units
    19  in  property  whose  average unit assessed value is more than fifty-five
    20  thousand dollars, but less than or  equal  to  sixty  thousand  dollars,
    21  shall  receive  a partial abatement of the real property taxes attribut-
    22  able to or due on such dwelling  units  of  twenty-two  and  five-tenths
    23  percent.
    24    (d-4)  In  the  fiscal years commencing in calendar years two thousand
    25  twelve[, two thousand thirteen,  two  thousand  fourteen,  two  thousand
    26  fifteen,  two  thousand sixteen, two thousand seventeen and two thousand
    27  eighteen] through two thousand twenty, eligible dwelling units in  prop-
    28  erty  whose  average  unit  assessed  value  is more than sixty thousand
    29  dollars shall receive a partial abatement of  the  real  property  taxes
    30  attributable  to or due on such dwelling units of seventeen and one-half
    31  percent.
    32    § 3. Paragraph (a) of subdivision 3 of section 467-a of the real prop-
    33  erty tax law, as amended by section 63 of part A of chapter  20  of  the
    34  laws of 2015, is amended to read as follows:
    35    (a)  An  application for an abatement pursuant to this section for the
    36  fiscal year commencing in  calendar  year  nineteen  hundred  ninety-six
    37  shall  be  made  no  later than the fifteenth day of September, nineteen
    38  hundred ninety-six. An application for an  abatement  pursuant  to  this
    39  section for the fiscal year commencing in calendar year nineteen hundred
    40  ninety-seven  shall  be made no later than the first day of April, nine-
    41  teen hundred ninety-seven. An application for an abatement  pursuant  to
    42  this  section  for  the fiscal year commencing in calendar year nineteen
    43  hundred ninety-eight shall be made no later than the first day of April,
    44  nineteen hundred ninety-eight. An application for an abatement  pursuant
    45  to this section for the fiscal year commencing in calendar year nineteen
    46  hundred  ninety-nine  shall  be made in accordance with this subdivision
    47  and subdivision three-a of this section. An application for an abatement
    48  pursuant to this section for the fiscal year commencing in calendar year
    49  two thousand shall be made no later than the fifteenth day of  February,
    50  two  thousand.  An application for an abatement pursuant to this section
    51  for the fiscal year commencing in calendar year two thousand  one  shall
    52  be  made  in accordance with this subdivision and subdivision three-b of
    53  this section. An application for an abatement pursuant to  this  section
    54  for  the  fiscal year commencing in calendar year two thousand two shall
    55  be made no later than the fifteenth day of February, two  thousand  two.
    56  An  application for an abatement pursuant to this section for the fiscal
        S. 6497--A                          4
 
     1  year commencing in calendar year two thousand three  shall  be  made  no
     2  later  than the fifteenth day of February, two thousand three. An appli-
     3  cation for an abatement pursuant to this section  for  the  fiscal  year
     4  commencing  in  calendar year two thousand four shall be made in accord-
     5  ance with this subdivision and subdivision three-c of this  section.  An
     6  application  for  an  abatement  pursuant to this section for the fiscal
     7  year commencing in calendar year two thousand  five  shall  be  made  no
     8  later than the fifteenth day of February, two thousand five. An applica-
     9  tion  for  an  abatement  pursuant  to  this section for the fiscal year
    10  commencing in calendar year two thousand six shall be made no later than
    11  the fifteenth day of February, two thousand six. An application  for  an
    12  abatement  pursuant  to  this  section for the fiscal year commencing in
    13  calendar year two thousand  seven  shall  be  made  no  later  than  the
    14  fifteenth day of February, two thousand seven. An application for abate-
    15  ment pursuant to this section for the fiscal year commencing in calendar
    16  year  two  thousand eight shall be made in accordance with this subdivi-
    17  sion and subdivision three-d of this  section.  An  application  for  an
    18  abatement  pursuant  to  this  section for the fiscal year commencing in
    19  calendar year two  thousand  nine  shall  be  made  no  later  than  the
    20  fifteenth  day  of  February,  two  thousand nine. An application for an
    21  abatement pursuant to this section for the  fiscal  year  commencing  in
    22  calendar year two thousand ten shall be made no later than the fifteenth
    23  day  of  February,  two  thousand  ten.  An application for an abatement
    24  pursuant to this section for the fiscal year commencing in calendar year
    25  two thousand eleven shall be made no later than  the  fifteenth  day  of
    26  February,  two thousand eleven. An application for an abatement pursuant
    27  to this section for the fiscal years commencing in  calendar  years  two
    28  thousand  twelve  and  two thousand thirteen shall be made in accordance
    29  with subdivision three-e of this section. The date  or  dates  by  which
    30  applications for an abatement pursuant to this section shall be made for
    31  the fiscal years beginning in calendar years two thousand fourteen[, two
    32  thousand  fifteen,  two thousand sixteen, two thousand seventeen and two
    33  thousand eighteen] through two thousand twenty shall be  established  by
    34  the  commissioner  of  finance by rule, provided that such date or dates
    35  shall not be later than the fifteenth day of February for such  calendar
    36  years.
    37    § 4. This act shall take effect immediately.