S07076 Summary:

BILL NOS07076
 
SAME ASSAME AS A10983
 
SPONSORKAVANAGH
 
COSPNSR
 
MLTSPNSR
 
Amd §§467-b & 467-c, RPT L
 
Relates to local laws, ordinances or resolutions providing for the abatement of taxes in a city with a population of one million or more persons.
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S07076 Actions:

BILL NOS07076
 
01/03/2018REFERRED TO LOCAL GOVERNMENT
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S07076 Committee Votes:

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S07076 Floor Votes:

There are no votes for this bill in this legislative session.
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S07076 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7076
 
                    IN SENATE
 
                                       (Prefiled)
 
                                     January 3, 2018
                                       ___________
 
        Introduced  by Sen. KAVANAGH -- read twice and ordered printed, and when
          printed to be committed to the Committee on Local Government
 
        AN ACT to amend the real property tax law, in relation  to  local  laws,
          ordinances  or  resolutions  providing for the abatement of taxes in a
          city with a population of one million or more persons

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Paragraph a of subdivision 1 of section 467-b of the real
     2  property tax law, as amended by chapter 576 of  the  laws  of  1974,  is
     3  amended to read as follows:
     4    a.  "Dwelling  unit"  means that part of a dwelling in which a head of
     5  the household resides and which is subject to either the emergency hous-
     6  ing rent control law or to the rent and rehabilitation law of  the  city
     7  of New York enacted pursuant to the local emergency housing rent control
     8  law,  or to the emergency tenant protection act of nineteen seventy-four
     9  or is a dwelling unit contained in real property described  in  subdivi-
    10  sion eleven of this section;
    11    § 2. Paragraph a of subdivision 1 of section 467-b of the real proper-
    12  ty tax law, as amended by chapter 689 of the laws of 1972, is amended to
    13  read as follows:
    14    a.  "Dwelling  unit"  means that part of a dwelling in which a head of
    15  the household resides and which is subject to either  emergency  housing
    16  rent  control  law  or to rent and rehabilitation law of the city of New
    17  York enacted pursuant to the local law enacted  pursuant  to  the  local
    18  emergency  housing  rent  control law or is a dwelling unit contained in
    19  real property described in subdivision eleven of this section;
    20    § 3. Section 467-b of the real property tax law is amended by adding a
    21  new subdivision 11 to read as follows:
    22    11. In a city with a population of one million or more, any such local
    23  law, ordinance or resolution may provide for the abatement of  taxes  of
    24  such city imposed on:
    25    (a)  real property originally organized pursuant to article two of the
    26  private housing finance law containing dwelling units in which the qual-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11633-01-7

        S. 7076                             2
 
     1  ifying head of household or their qualifying successor in interest:  (i)
     2  has a signed agreement with the landlord to limit increases  in  maximum
     3  rent  to an amount based on what is ordered by the rent guidelines board
     4  for  the  lifetime  of the tenancy, which amount may be less than, equal
     5  to, or greater than the amount so ordered by the rent guidelines  board,
     6  and  (ii)  is  otherwise eligible for the tax abatement provided in this
     7  section, regardless of whether such real property is  still  subject  to
     8  the regulations of said article; or
     9    (b)  real  property  containing dwelling units in which the qualifying
    10  head of household or their qualifying successor in interest: (i)  has  a
    11  signed  agreement   with the landlord to limit increases in maximum rent
    12  to an amount equal to or less than those ordered by the rent  guidelines
    13  board  for  the  lifetime of the tenancy, and (ii) is otherwise eligible
    14  for the tax abatement provided in this section;
    15    (c) provided, however, that the application for any abatement pursuant
    16  to this subdivision shall be subject to the approval  of  the  New  York
    17  city department of housing preservation and development, in such depart-
    18  ment's discretion.
    19    § 4. Paragraph b of subdivision 1 of section 467-c of the real proper-
    20  ty tax law, as amended by chapter 420 of the laws of 1991, is amended to
    21  read as follows:
    22    b.  "Dwelling unit" means that part of a dwelling in which an eligible
    23  head of the household resides and which is subject to the provisions  of
    24  either  Article  II, IV, V, or XI of the private housing finance law; or
    25  that part of a dwelling which was or continues to be subject to a  mort-
    26  gage  insured or initially insured by the federal government pursuant to
    27  section two hundred thirteen of the National Housing Act, as amended, in
    28  which an eligible head of the household resides or is a unit in a  hous-
    29  ing development described in subdivision thirteen of this section.
    30    § 5. Section 467-c of the real property tax law is amended by adding a
    31  new subdivision 13 to read as follows:
    32    13. In a city with a population of one million or more, any such local
    33  law,  ordinance  or resolution may provide for the abatement of taxes of
    34  such city imposed on:
    35    (a) real property originally organized pursuant to article two of  the
    36  private housing finance law containing dwelling units in which the qual-
    37  ifying head of household or their qualifying successor in interest:  (i)
    38  has  a  signed agreement with the landlord to limit increases in maximum
    39  rent to an amount based on what is ordered by the rent guidelines  board
    40  for  the  lifetime  of the tenancy, which amount may be less than, equal
    41  to, or greater than the amount so ordered by the rent guidelines  board,
    42  and  (ii)  is  otherwise eligible for the tax abatement provided in this
    43  section, regardless of whether such real property is  still  subject  to
    44  the regulations of said article; or
    45    (b)  real  property  containing dwelling units in which the qualifying
    46  head of household or their qualifying successor in interest: (i)  has  a
    47  signed agreement with the landlord to limit increases in maximum rent to
    48  an  amount  equal  to  or less then those ordered by the rent guidelines
    49  board for the lifetime of the tenancy, and (ii)  is  otherwise  eligible
    50  for the tax abatement provided in this section;
    51    (c) provided, however, that the application for any abatement pursuant
    52  to  this  subdivision  shall  be subject to the approval of the New York
    53  city department of housing preservation and development, in such depart-
    54  ment's discretion.
    55    § 6. This act shall take effect immediately; provided, however, that:

        S. 7076                             3
 
     1    (a) the amendments to paragraph a of subdivision 1 of section 467-b of
     2  the real property tax law made by section  one  of  this  act  shall  be
     3  subject  to  the  expiration  and  reversion of such section pursuant to
     4  section 17 of chapter 576 of the laws of 1974,  as  amended,  when  upon
     5  such  date  the provisions of section two of this act shall take effect;
     6  and
     7    (b) the amendments to section 467-b of the real property tax law  made
     8  by  section three of this act shall survive the expiration and reversion
     9  of such section as provided in section 17 of chapter 576 of the laws  of
    10  1974, as amended.
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