Bill Text: NY A07126 | 2021-2022 | General Assembly | Introduced


Bill Title: Extends certain provisions relating to a partial tax abatement for residential real property held in the cooperative or condominium form of ownership in a city having a population of one million or more.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2021-06-03 - substituted by s7031 [A07126 Detail]

Download: New_York-2021-A07126-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          7126

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                     April 23, 2021
                                       ___________

        Introduced  by M. of A. QUART -- read once and referred to the Committee
          on Real Property Taxation

        AN ACT to amend the real property tax  law,  in  relation  to  extending
          certain provisions relating to a partial tax abatement for residential
          real property held in the cooperative or condominium form of ownership
          in a city having 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. Paragraphs (a) and (b) of subdivision 2 of section 467-a of
     2  the real property tax law, as amended by chapter 90 of the laws of 2019,
     3  are amended to read as follows:
     4    (a) In a city having a population of one  million  or  more,  dwelling
     5  units  owned  by  unit  owners  who, as of the applicable taxable status
     6  date, own no more than three dwelling units in any one property held  in
     7  the  condominium  form  of  ownership,  shall  be  eligible to receive a
     8  partial abatement of real property taxes, as  set  forth  in  paragraphs
     9  (c),  (d),  (d-1), (d-2), (d-3), (d-4), (d-5) and (d-6) of this subdivi-
    10  sion; provided, however, that a property held in the condominium form of
    11  ownership that is  receiving  complete  or  partial  real  property  tax
    12  exemption or tax abatement pursuant to any other provision of this chap-
    13  ter or any other state or local law, except as provided in paragraph (f)
    14  of  this  subdivision, shall not be eligible to receive a partial abate-
    15  ment pursuant to this section;  and  provided,  further,  that  sponsors
    16  shall  not  be  eligible to receive a partial abatement pursuant to this
    17  section; and provided, further, that in the fiscal years  commencing  in
    18  calendar  years  two thousand twelve through two thousand [twenty] twen-
    19  ty-two no more than a maximum of three dwelling units owned by any  unit
    20  owner  in  a single building, one of which must be the primary residence
    21  of such unit owner, shall be eligible to  receive  a  partial  abatement
    22  pursuant  to  paragraphs  (d-1), (d-2), (d-3) and (d-4) of this subdivi-
    23  sion.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11055-01-1

        A. 7126                             2

     1    (b) In a city having a population of one  million  or  more,  dwelling
     2  units  owned  by  tenant-stockholders  who, as of the applicable taxable
     3  status date, own no more than three dwelling units in any  one  property
     4  held  in the cooperative form of ownership, shall be eligible to receive
     5  a  partial  abatement of real property taxes, as set forth in paragraphs
     6  (c), (d), (d-1), (d-2), (d-3), (d-4), (d-5) and (d-6) of  this  subdivi-
     7  sion; provided, however, that a property held in the cooperative form of
     8  ownership  that  is  receiving  complete  or  partial  real property tax
     9  exemption or tax abatement pursuant to any other provision of this chap-
    10  ter or any other state or local law, except as provided in paragraph (f)
    11  of this subdivision, shall not be eligible to receive a  partial  abate-
    12  ment  pursuant  to  this  section;  and provided, further, that sponsors
    13  shall not be eligible to receive a partial abatement  pursuant  to  this
    14  section;  and  provided, further, that in the fiscal years commencing in
    15  calendar years two thousand twelve through two thousand  [twenty]  twen-
    16  ty-two  no  more  than  a  maximum  of three dwelling units owned by any
    17  tenant-stockholder in a single building, one of which must be the prima-
    18  ry residence of such tenant-stockholder, shall be eligible to receive  a
    19  partial  abatement  pursuant to paragraphs (d-1), (d-2), (d-3) and (d-4)
    20  of this subdivision. For purposes of this section, a  tenant-stockholder
    21  of a cooperative apartment corporation shall be deemed to own the dwell-
    22  ing  unit  which  is  represented  by his or her shares of stock in such
    23  corporation. Any abatement so granted shall be credited by the appropri-
    24  ate taxing authority against the tax due on the property as a whole. The
    25  reduction in real property taxes received thereby shall be  credited  by
    26  the  cooperative  apartment corporation against the amount of such taxes
    27  attributable to eligible dwelling units at the time of receipt.
    28    § 2. Paragraphs (d-1), (d-2), (d-3) and  (d-4)  of  subdivision  2  of
    29  section  467-a of the real property tax law, as amended by chapter 90 of
    30  the laws of 2019, are amended to read as follows:
    31    (d-1) In the fiscal years commencing in calendar  years  two  thousand
    32  twelve, two thousand thirteen and two thousand fourteen, eligible dwell-
    33  ing  units in property whose average unit assessed value is less than or
    34  equal to fifty thousand dollars shall receive a partial abatement of the
    35  real property taxes attributable to or due on  such  dwelling  units  of
    36  twenty-five  percent,  twenty-six  and one-half percent and twenty-eight
    37  and one-tenth percent respectively. In the fiscal  years  commencing  in
    38  calendar  years two thousand fifteen through two thousand [twenty] twen-
    39  ty-two eligible dwelling units in property whose average  unit  assessed
    40  value  is  less  than or equal to fifty thousand dollars shall receive a
    41  partial abatement of the real property taxes attributable to or  due  on
    42  such dwelling units of twenty-eight and one-tenth percent.
    43    (d-2)  In  the  fiscal years commencing in calendar years two thousand
    44  twelve, two thousand thirteen and two thousand fourteen, eligible dwell-
    45  ing units in property whose average unit assessed  value  is  more  than
    46  fifty  thousand  dollars,  but less than or equal to fifty-five thousand
    47  dollars, shall receive a partial abatement of the  real  property  taxes
    48  attributable to or due on such dwelling units of twenty-two and one-half
    49  percent,  twenty-three and eight-tenths percent and twenty-five and two-
    50  tenths percent respectively. In the fiscal years commencing in  calendar
    51  years  two  thousand  fifteen  through  two thousand [twenty] twenty-two
    52  eligible dwelling units in property whose average unit assessed value is
    53  more than fifty thousand dollars, but less than or equal  to  fifty-five
    54  thousand dollars, shall receive a partial abatement of the real property
    55  taxes  attributable  to or due on such dwelling units of twenty-five and
    56  two-tenths percent.

        A. 7126                             3

     1    (d-3) In the fiscal years commencing in calendar  years  two  thousand
     2  twelve, two thousand thirteen and two thousand fourteen, eligible dwell-
     3  ing  units  in  property  whose average unit assessed value is more than
     4  fifty-five thousand dollars, but less than or equal  to  sixty  thousand
     5  dollars,  shall  receive  a partial abatement of the real property taxes
     6  attributable to or due on such dwelling units of twenty  percent,  twen-
     7  ty-one  and  two-tenths  percent, and twenty-two and five-tenths percent
     8  respectively. In the fiscal years commencing in calendar years two thou-
     9  sand fifteen through two thousand [twenty] twenty-two eligible  dwelling
    10  units  in property whose average unit assessed value is more than fifty-
    11  five thousand dollars, but less than or equal to sixty thousand dollars,
    12  shall receive a partial abatement of the real property  taxes  attribut-
    13  able  to  or  due  on  such dwelling units of twenty-two and five-tenths
    14  percent.
    15    (d-4) In the fiscal years commencing in calendar  years  two  thousand
    16  twelve through two thousand [twenty] twenty-two, eligible dwelling units
    17  in  property  whose average unit assessed value is more than sixty thou-
    18  sand dollars shall receive a partial  abatement  of  the  real  property
    19  taxes  attributable  to  or  due on such dwelling units of seventeen and
    20  one-half percent.
    21    § 3. Paragraph (a) of subdivision 3 of section 467-a of the real prop-
    22  erty tax law, as amended by chapter 90 of the laws of 2019,  is  amended
    23  to read as follows:
    24    (a)  An  application for an abatement pursuant to this section for the
    25  fiscal year commencing in  calendar  year  nineteen  hundred  ninety-six
    26  shall  be  made  no  later than the fifteenth day of September, nineteen
    27  hundred ninety-six. An application for an  abatement  pursuant  to  this
    28  section for the fiscal year commencing in calendar year nineteen hundred
    29  ninety-seven  shall  be made no later than the first day of April, nine-
    30  teen hundred ninety-seven. An application for an abatement  pursuant  to
    31  this  section  for  the fiscal year commencing in calendar year nineteen
    32  hundred ninety-eight shall be made no later than the first day of April,
    33  nineteen hundred ninety-eight. An application for an abatement  pursuant
    34  to this section for the fiscal year commencing in calendar year nineteen
    35  hundred  ninety-nine  shall  be made in accordance with this subdivision
    36  and subdivision three-a of this section. An application for an abatement
    37  pursuant to this section for the fiscal year commencing in calendar year
    38  two thousand shall be made no later than the fifteenth day of  February,
    39  two  thousand.  An application for an abatement pursuant to this section
    40  for the fiscal year commencing in calendar year two thousand  one  shall
    41  be  made  in accordance with this subdivision and subdivision three-b of
    42  this section. An application for an abatement pursuant to  this  section
    43  for  the  fiscal year commencing in calendar year two thousand two shall
    44  be made no later than the fifteenth day of February, two  thousand  two.
    45  An  application for an abatement pursuant to this section for the fiscal
    46  year commencing in calendar year two thousand three  shall  be  made  no
    47  later  than the fifteenth day of February, two thousand three. An appli-
    48  cation for an abatement pursuant to this section  for  the  fiscal  year
    49  commencing  in  calendar year two thousand four shall be made in accord-
    50  ance with this subdivision and subdivision three-c of this  section.  An
    51  application  for  an  abatement  pursuant to this section for the fiscal
    52  year commencing in calendar year two thousand  five  shall  be  made  no
    53  later than the fifteenth day of February, two thousand five. An applica-
    54  tion  for  an  abatement  pursuant  to  this section for the fiscal year
    55  commencing in calendar year two thousand six shall be made no later than
    56  the fifteenth day of February, two thousand six. An application  for  an

        A. 7126                             4

     1  abatement  pursuant  to  this  section for the fiscal year commencing in
     2  calendar year two thousand  seven  shall  be  made  no  later  than  the
     3  fifteenth day of February, two thousand seven. An application for abate-
     4  ment pursuant to this section for the fiscal year commencing in calendar
     5  year  two  thousand eight shall be made in accordance with this subdivi-
     6  sion and subdivision three-d of this  section.  An  application  for  an
     7  abatement  pursuant  to  this  section for the fiscal year commencing in
     8  calendar year two  thousand  nine  shall  be  made  no  later  than  the
     9  fifteenth  day  of  February,  two  thousand nine. An application for an
    10  abatement pursuant to this section for the  fiscal  year  commencing  in
    11  calendar year two thousand ten shall be made no later than the fifteenth
    12  day  of  February,  two  thousand  ten.  An application for an abatement
    13  pursuant to this section for the fiscal year commencing in calendar year
    14  two thousand eleven shall be made no later than  the  fifteenth  day  of
    15  February,  two thousand eleven. An application for an abatement pursuant
    16  to this section for the fiscal years commencing in  calendar  years  two
    17  thousand  twelve  and  two thousand thirteen shall be made in accordance
    18  with subdivision three-e of this section. The date  or  dates  by  which
    19  applications for an abatement pursuant to this section shall be made for
    20  the  fiscal  years  beginning  in  calendar  years two thousand fourteen
    21  through two thousand [twenty] twenty-two shall  be  established  by  the
    22  commissioner  of finance by rule, provided that such date or dates shall
    23  not be later than the fifteenth day of February for such calendar years.
    24    § 4. This act shall take effect immediately.
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