Bill Text: NY A03789 | 2017-2018 | General Assembly | Introduced

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Bill Title: Exempts certain low income housing accommodations from local real property taxation in a city with a population of one million or more.

Spectrum: Partisan Bill (Democrat 12-0)

Status: (Introduced - Dead) 2018-01-03 - referred to real property taxation [A03789 Detail]

Download: New_York-2017-A03789-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          3789
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    January 30, 2017
                                       ___________
        Introduced by M. of A. BICHOTTE -- read once and referred to the Commit-
          tee on Real Property Taxation
        AN  ACT  to  amend  the real property tax law, in relation to exemptions
          from local real property taxation of certain low income housing accom-
          modations in a city with 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.  Subdivision  1  of section 420-c of the real property tax
     2  law, as amended by chapter 104 of the laws of 1999, is amended  to  read
     3  as follows:
     4    1. In a city having a population of one million or more, real property
     5  owned  by a corporation, partnership or limited liability company formed
     6  for the purpose of providing  housing  accommodations  for  persons  and
     7  families  of low income as defined in section two of the private housing
     8  finance law and used for such purpose, shall be exempt from  local  real
     9  property taxation, provided that such corporation, partnership or limit-
    10  ed  liability company: (a) is organized as a non-profit housing develop-
    11  ment fund company pursuant to article  eleven  of  the  private  housing
    12  finance law and is not established or controlled by a for-profit entity,
    13  or  is  a non-profit housing corporation as defined in article eleven of
    14  the private housing finance law which is not incorporated as  a  housing
    15  development  fund  company  as  defined in article eleven of the private
    16  housing finance law and is not established or controlled by a for-profit
    17  entity, or is a wholly-owned subsidiary of such a company or is a  part-
    18  nership  or  limited liability company the controlling interest of which
    19  is held by such a company or corporation or by a wholly owned subsidiary
    20  of such a company or by a corporation sponsored  or  formed  by  such  a
    21  company or corporation; and (b) has received a loan from a municipality,
    22  the  state or the housing trust fund corporation established pursuant to
    23  section forty-five-a of the private housing finance law or any successor
    24  corporation; and (c) enters into a regulatory agreement with the munici-
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01265-01-7
        A. 3789                             2
     1  pality, the state or the  housing  trust  fund  corporation  established
     2  pursuant  to  section forty-five-a of the private housing finance law or
     3  any successor corporation guaranteeing the provision of housing accommo-
     4  dations for persons and families of low income; and (d) is a participant
     5  in  the federal low income housing tax credit program established pursu-
     6  ant to section forty-two  of  the  internal  revenue  code  of  nineteen
     7  hundred  eighty-six,  as amended. Any exemption pursuant to this section
     8  shall expire upon the expiration or termination of the regulatory agree-
     9  ment.
    10    § 2. Subparagraphs 4 and 5  of  paragraph  (a)  of  subdivision  4  of
    11  section  420-c  of the real property tax law, subparagraph 4 as added by
    12  chapter 522 of the laws of 2004 and subparagraph 5 as amended by chapter
    13  526 of the laws of 2004, are amended to read as follows:
    14    (4) The term "charitable organization" shall mean (i) an  entity,  not
    15  established  or  controlled  by a for-profit entity, formed for purposes
    16  that include providing housing accommodations for persons  and  families
    17  of  low  income  and  that has received written recognition of exemption
    18  pursuant to section 501(c)(3)  or  section  501(c)(4)  of  the  internal
    19  revenue  code of nineteen hundred eighty-six, as amended, or any succes-
    20  sor statute, from the United States Internal  Revenue  Service,  or  any
    21  successor  agency, or (ii) a corporation, partnership or limited liabil-
    22  ity company wholly owned and wholly controlled by an entity, not  estab-
    23  lished  or  controlled  by a for-profit entity, formed for purposes that
    24  include providing housing accommodations for persons and families of low
    25  income and that has received written recognition of  exemption  pursuant
    26  to  section  501(c)(3) or section 501(c)(4) of the internal revenue code
    27  of nineteen hundred eighty-six, as amended, or  any  successor  statute,
    28  from  the United States Internal Revenue Service, or any successor agen-
    29  cy.
    30    (5) The term "eligible entity" shall mean a  corporation,  partnership
    31  or  limited  liability company at least [fifty] fifty-one percent of the
    32  controlling interest of which is held by a charitable organization.
    33    § 3. This act shall take effect immediately and  shall  apply  to  all
    34  projects  approved  on  or  after  the date on which this act shall have
    35  become a law.