Bill Text: NY A01894 | 2015-2016 | General Assembly | Introduced

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Bill Title: Provides that any property owner whose property is within an historic district or designated an historic landmark may make application to the assessor for a limitation or remission of the taxes assessed on such property.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-01-06 - referred to ways and means [A01894 Detail]

Download: New_York-2015-A01894-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
           S. 1589                                                  A. 1894
                              2015-2016 Regular Sessions
                             S E N A T E - A S S E M B L Y
                                   January 13, 2015
                                      ___________
       IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
         ed, and when printed to be committed to the Committee on Local Govern-
         ment
       IN  ASSEMBLY  -- Introduced by M. of A. THIELE -- read once and referred
         to the Committee on Ways and Means
       AN ACT to amend the town law and the general municipal law, in  relation
         to the limitation or remission of taxes on historic places
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision 17-a of section 64 of the town law, as added by
    2  chapter 426 of the laws of 1965, is amended to read as follows:
    3    17-a. Historic places. The town board may provide for the preservation
    4  and protection of places, buildings, works  of  art  and  other  objects
    5  having  a  special character or aesthetic interest or value and also may
    6  provide for appropriate and reasonable control of the use or  appearance
    7  of  neighborhood private property within public view. Any such measures,
    8  if adopted in the exercise of police  power,  shall  be  reasonable  and
    9  appropriate to the purpose, or if constituting a taking of private prop-
   10  erty, shall provide for due compensation[, which may include the limita-
   11  tion or remission of taxes].  ANY PROPERTY OWNER WHOSE PROPERTY IS WITH-
   12  IN  AN  HISTORIC  DISTRICT  OR  DESIGNATED AN HISTORIC LANDMARK MAY MAKE
   13  APPLICATION TO THE ASSESSOR FOR A LIMITATION OR REMISSION OF  THE  TAXES
   14  ASSESSED  ON SAID PROPERTY. SAID LIMITATION OR REMISSION SHALL BE SOLELY
   15  FOR THE PURPOSE OF AND IN AN AMOUNT CALCULATED TO COMPENSATE SAID  PROP-
   16  ERTY  OWNER  FOR  ADDED  COSTS,  IF  ANY, OF MAINTAINING HIS PROPERTY IN
   17  ACCORDANCE WITH THE REQUIREMENTS FOR HISTORIC  DISTRICTS  OR  LANDMARKS.
   18  THE  TOWN  MAY ESTABLISH A MAXIMUM AMOUNT OR PERCENTAGE FOR SUCH LIMITA-
   19  TION OR REMISSION AND MAY PROVIDE  THAT  SUCH  LIMITATION  OR  REMISSION
   20  SHALL ONLY APPLY TO PROPERTIES DESIGNATED AS HISTORIC LANDMARKS.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03070-01-5
       S. 1589                             2                            A. 1894
    1    S  2.  Section  96-a of the general municipal law, as added by chapter
    2  513 of the laws of 1968, is amended to read as follows:
    3    S  96-a.  Protection of historical places, buildings and works of art.
    4  In addition to any power or authority  of  a  municipal  corporation  to
    5  regulate by planning or zoning laws and regulations or by local laws and
    6  regulations,  the governing board or local legislative body of any coun-
    7  ty, city, town or  village  is  empowered  to  provide  by  regulations,
    8  special  conditions  and  restrictions  for the protection, enhancement,
    9  perpetuation and use of places, districts, sites, buildings, structures,
   10  works of art, and other objects having a special  character  or  special
   11  historical  or  aesthetic  interest  or value. Such regulations, special
   12  conditions and  restrictions  may  include  appropriate  and  reasonable
   13  control  of the use or appearance of neighboring private property within
   14  public view, or both. In any such instance such measures, if adopted  in
   15  the exercise of the police power, shall be reasonable and appropriate to
   16  the  purpose,  or  if  constituting  a  taking of private property shall
   17  provide for due compensation[,  which  may  include  the  limitation  or
   18  remission  of  taxes].    ANY PROPERTY OWNER WHOSE PROPERTY IS WITHIN AN
   19  HISTORIC DISTRICT OR DESIGNATED AN HISTORIC LANDMARK MAY  MAKE  APPLICA-
   20  TION TO THE ASSESSOR FOR A LIMITATION OR REMISSION OF THE TAXES ASSESSED
   21  ON  SAID  PROPERTY. SAID LIMITATION OR REMISSION SHALL BE SOLELY FOR THE
   22  PURPOSE OF AND IN AN AMOUNT CALCULATED TO COMPENSATE SAID PROPERTY OWNER
   23  FOR ADDED COSTS, IF ANY, OF MAINTAINING HIS PROPERTY IN ACCORDANCE  WITH
   24  THE  REQUIREMENTS FOR HISTORIC DISTRICTS OR LANDMARKS. THE COUNTY, CITY,
   25  TOWN, OR VILLAGE MAY ESTABLISH A MAXIMUM AMOUNT OR PERCENTAGE  FOR  SUCH
   26  LIMITATION  OR  REMISSION  AND  MAY  PROVIDE  THAT  SUCH  LIMITATION  OR
   27  REMISSION SHALL ONLY APPLY TO PROPERTIES DESIGNATED  AS  HISTORIC  LAND-
   28  MARKS.
   29    S 3. This act shall take effect immediately.