Bill Text: NY A01816 | 2015-2016 | General Assembly | Introduced

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Bill Title: Relates to classifying certain property held in cooperative form as class one properties for assessment purposes.

Spectrum: Moderate Partisan Bill (Democrat 9-2)

Status: (Introduced - Dead) 2016-01-06 - referred to real property taxation [A01816 Detail]

Download: New_York-2015-A01816-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1816
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 13, 2015
                                      ___________
       Introduced  by M. of A. WEPRIN -- Multi-Sponsored by -- M. of A. COLTON,
         COOK, DINOWITZ, FINCH, GLICK, PERRY, RIVERA, ROBINSON, SCARBOROUGH  --
         read once and referred to the Committee on Real Property Taxation
       AN  ACT  to  amend the real property tax law, in relation to classifying
         certain cooperative and condominium properties as class one properties
         for assessment purposes
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Paragraph class one of subdivision 1 of section 1802 of the
    2  real property tax law, as amended by chapter 332 of the laws of 2008, is
    3  amended to read as follows:
    4    Class  one: (a) all one, two and three family residential real proper-
    5          ty, including such dwellings used  in  part  for  nonresidential
    6          purposes  but which are used primarily for residential purposes,
    7          except such property held in cooperative or condominium forms of
    8          ownership other than [(i)] property defined in subparagraphs (b)
    9          and (c) of this paragraph [and (ii) property which  contains  no
   10          more  than  three  dwelling  units  held  in condominium form of
   11          ownership and which was classified within this class on a previ-
   12          ous assessment roll]; and  provided  that,  notwithstanding  the
   13          provisions of paragraph (g) of subdivision twelve of section one
   14          hundred  two  of  this chapter, a mobile home or a trailer shall
   15          not be classified within this class unless it is  owner-occupied
   16          and  separately assessed; and (b) residential real property [not
   17          more than three stories in height] held in condominium  form  of
   18          ownership,  provided  that  [no dwelling unit therein previously
   19          was on an assessment roll as  a  dwelling  unit  in  other  than
   20          condominium form of ownership] SUCH DWELLING UNIT IS OCCUPIED BY
   21          ITS  OWNER; and (c) residential real property [consisting of one
   22          family house structures] owned by the occupant, situated on land
   23          held in cooperative  ownership  by  owner  occupiers[,  provided
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01479-01-5
       A. 1816                             2
    1          that;  (i)  such  house structures and land constituted bungalow
    2          colonies in existence prior to nineteen hundred forty; and  (ii)
    3          the  land  is held in cooperative ownership for the sole purpose
    4          of  maintaining  one family residences for members own use]; and
    5          (d) all vacant land located  within  a  special  assessing  unit
    6          which  is  a  city  (i)  other  than such land in the borough of
    7          Manhattan, provided that any such vacant land which is not zoned
    8          residential must be situated immediately  adjacent  to  property
    9          improved  with  a  residential  structure as defined in subpara-
   10          graphs (a) and (b) of this paragraph, be owned by the same owner
   11          as such immediately adjacent  residential  property  immediately
   12          prior  to  and  since January 1, 1989, and have a total area not
   13          exceeding 10,000 square feet; and (ii) located in the borough of
   14          Manhattan north of or adjacent to the north side of 110th street
   15          provided such vacant land was classified within  this  class  on
   16          the  assessment  roll  with  a taxable status date of January 5,
   17          2008 and the owner of such land  has  entered  into  a  recorded
   18          agreement  with  a governmental entity on or before December 31,
   19          2008 requiring construction of housing affordable to persons  or
   20          families  of low income in accordance with the provisions of the
   21          private housing finance law. Notwithstanding the foregoing, such
   22          vacant land shall be classified according  to  its  use  on  the
   23          assessment roll with a taxable status date immediately following
   24          commencement    of    construction,   provided   further,   that
   25          construction pursuant to an approved plan for affordable housing
   26          shall commence no later than December  31,  2010;  and  (e)  all
   27          vacant land located within a special assessing unit which is not
   28          a  city, provided that such vacant land which is not zoned resi-
   29          dential must be situated immediately adjacent to  real  property
   30          defined in subparagraph (a), (b) or (c) of this paragraph and be
   31          owned  by  the  same person or persons who own the real property
   32          defined in such subparagraph  immediately  prior  to  and  since
   33          January 1, 2003;
   34    S  2. This act shall take effect on the first of January next succeed-
   35  ing the date on which it shall have become a law.