Bill Text: NY A01777 | 2011-2012 | General Assembly | Introduced

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Bill Title: Provides condominium owners with access to the application for the entire building for the tax abatements to verify that such owner's unit was included in the submission.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2011-06-16 - substituted by s397 [A01777 Detail]

Download: New_York-2011-A01777-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1777
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 11, 2011
                                      ___________
       Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
         Committee on Real Property Taxation
       AN ACT to amend the real property tax law, in relation to  providing  an
         owner  of a dwelling unit access to tax abatement applications submit-
         ted on behalf of the condominium
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Subdivision  4  of section 467-a of the real property tax
    2  law, as added by chapter 273 of the laws of 1996, is amended to read  as
    3  follows:
    4    4.  Except  in  accordance  with proper judicial order or as otherwise
    5  provided by law, neither the commissioner of finance, nor any officer or
    6  employee of a department of finance of a city having a population of one
    7  million or more, nor any person who, pursuant to  this  subdivision,  is
    8  authorized to inspect the application or statements in connection there-
    9  with required by this section, shall disclose or make known the contents
   10  of any such application or statements. Except as provided in this subdi-
   11  vision, the officers charged with the custody of any such application or
   12  statements  shall  not  be  required  to  produce  them in any action or
   13  proceeding in any court or before any administrative tribunal,  but  any
   14  such  application or statements may be produced on behalf of the depart-
   15  ment of finance. NOTHING IN  THIS  SUBDIVISION  SHALL  BE  CONSTRUED  TO
   16  PROHIBIT  DELIVERY TO AN OWNER OF A DWELLING UNIT OF A PROPERTY SITUATED
   17  IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE OF A  COPY  OF  ANY
   18  APPLICATION OR STATEMENTS PERTAINING TO SUCH DWELLING UNIT, UPON REQUEST
   19  AND  WITH  PERSONALLY  IDENTIFYING INFORMATION REDACTED. Nothing in this
   20  subdivision shall be construed to prohibit the delivery of  a  certified
   21  copy of any such application or statements to the United States of Amer-
   22  ica  or  any department thereof, the state of New York or any department
   23  thereof, or a city having a population of one million  or  more  or  any
   24  department  thereof,  provided  any  such  application or statements are
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01014-01-1
       A. 1777                             2
    1  required for official business; nor to prohibit the inspection for offi-
    2  cial business of any such application or statements by the  tax  commis-
    3  sion  of  a  city  having a population of one million or more, or by the
    4  corporation  counsel  or  other  legal representative of a city having a
    5  population of one million or more, or by any person engaged or  retained
    6  by  the  department  of finance on an independent contract basis; nor to
    7  prohibit the publication of statistics so classified as to  prevent  the
    8  [indentification] IDENTIFICATION of any particular application or state-
    9  ments.  The foregoing provisions of this subdivision prohibiting disclo-
   10  sure of the contents of applications or statements shall  not  apply  to
   11  physical data relating to the property described therein.
   12    S  2.  Subdivision 8 of section 467-a of the real property tax law, as
   13  amended by chapter 97 of the  laws  of  2004,  is  amended  to  read  as
   14  follows:
   15    8.  [The]  EXCEPT TO THE EXTENT THAT THE OWNER OF A DWELLING UNIT OF A
   16  PROPERTY SITUATED IN A CITY HAVING A POPULATION OF ONE MILLION  OR  MORE
   17  MAY  REQUEST A REDACTED COPY OF ANY APPLICATION OR STATEMENTS PERTAINING
   18  TO SUCH DWELLING UNIT, AS PROVIDED IN SUBDIVISION FOUR OF THIS  SECTION,
   19  THE  information  contained  in applications or statements in connection
   20  therewith filed with the commissioner of finance pursuant to subdivision
   21  three, three-a, three-b or three-c of this section shall not be  subject
   22  to disclosure under article six of the public officers law.
   23    S  3.  This  act shall take effect on the thirtieth day after it shall
   24  have become a law.