Bill Text: NY A09103 | 2011-2012 | General Assembly | Amended
Bill Title: Relates to a partial tax exemption for new residential reconstruction, alteration or improvement of residential structures in cities with a certain population.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2012-07-18 - signed chap.129 [A09103 Detail]
Download: New_York-2011-A09103-Amended.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 9103--C I N A S S E M B L Y January 20, 2012 ___________ Introduced by M. of A. FINCH -- read once and referred to the Committee on Real Property Taxation -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- again reported from said committee with amendments, ordered reprinted as amended and recommitted to said committee -- again reported from said committee with amendments, ordered reprinted as amended and recommitted to said committee AN ACT to amend the real property tax law, in relation to a partial tax exemption for reconstruction, alteration or improvement of residential structures in cities with a certain population THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. The real property tax law is amended by adding a new 2 section 421-ff to read as follows: 3 S 421-FF. EXEMPTION OF CAPITAL IMPROVEMENTS TO RESIDENTIAL BUILDINGS 4 IN CITIES WITH A POPULATION BETWEEN TWENTY-SEVEN THOUSAND FIVE HUNDRED 5 AND TWENTY-EIGHT THOUSAND BASED UPON THE TWO THOUSAND TEN FEDERAL 6 CENSUS. 1. RESIDENTIAL BUILDINGS WHICH HAVE BEEN RECONSTRUCTED, ALTERED 7 OR IMPROVED SUBSEQUENT TO THE EFFECTIVE DATE OF A LOCAL LAW PURSUANT TO 8 THIS SECTION SHALL BE EXEMPT FROM TAXATION AND SPECIAL AD VALOREM LEVIES 9 TO THE EXTENT PROVIDED HEREINAFTER IN CITIES WITH A POPULATION BETWEEN 10 TWENTY-SEVEN THOUSAND FIVE HUNDRED AND TWENTY-EIGHT THOUSAND BASED UPON 11 THE TWO THOUSAND TEN FEDERAL CENSUS. FOR PURPOSES OF THIS SECTION, 12 "RECONSTRUCTION", "ALTERATION" OR "IMPROVEMENT" SHALL NOT INCLUDE ORDI- 13 NARY MAINTENANCE AND REPAIRS. AFTER A PUBLIC HEARING, THE GOVERNING 14 BOARD OF A CITY WITH SUCH A POPULATION MAY ADOPT A LOCAL LAW TO GRANT 15 THE EXEMPTION AUTHORIZED PURSUANT TO THIS SECTION. A COPY OF SUCH LOCAL 16 LAW SHALL BE FILED WITH THE COMMISSIONER AND THE ASSESSOR OF SUCH CITY 17 WHO PREPARES THE ASSESSMENT ROLL ON WHICH THE TAXES OF SUCH CITY ARE 18 LEVIED. 19 2. SUCH BUILDINGS SHALL BE EXEMPT FOR A PERIOD OF TWO YEARS TO THE 20 EXTENT OF ONE HUNDRED PER CENTUM OF THE INCREASE IN ASSESSED VALUE THER- 21 EOF ATTRIBUTABLE TO SUCH RECONSTRUCTION, ALTERATIONS OR IMPROVEMENTS AND 22 FOR AN ADDITIONAL PERIOD OF FOUR YEARS SUBJECT TO THE FOLLOWING: EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10226-10-2 A. 9103--C 2 1 (A) THE EXTENT OF SUCH EXEMPTION SHALL BE DECREASED BY TWENTY PER 2 CENTUM OF THE "EXEMPTION BASE" EACH YEAR DURING SUCH ADDITIONAL 3 FOUR-YEAR PERIOD, SUCH THAT DURING YEAR THREE THERE SHALL BE AN 4 EXEMPTION OF EIGHTY PER CENTUM OF THE INCREASE IN ASSESSED VALUE THEREOF 5 ATTRIBUTABLE, DURING YEAR FOUR THERE SHALL BE AN EXEMPTION OF SIXTY PER 6 CENTUM OF THE INCREASE IN ASSESSED VALUE THEREOF ATTRIBUTABLE, IN YEAR 7 FIVE THERE SHALL BE AN EXEMPTION OF FORTY PER CENTUM OF THE INCREASE IN 8 ASSESSED VALUE THEREOF ATTRIBUTABLE AND IN YEAR SIX THERE SHALL BE AN 9 EXEMPTION OF TWENTY PER CENTUM OF THE INCREASE IN ASSESSED VALUE THEREOF 10 ATTRIBUTABLE; AND 11 (B) THE "EXEMPTION BASE" SHALL BE THE INCREASE IN ASSESSED VALUE DUE 12 TO IMPROVEMENTS AS DETERMINED BY THE ASSESSOR IN THE INITIAL YEAR OF 13 SUCH SIX-YEAR PERIOD FOLLOWING THE FILING OF AN ORIGINAL APPLICATION. 14 3. THERE SHALL BE ENHANCED BENEFITS FOR IMPROVEMENT TO REAL PROPERTY 15 MEETING CERTIFICATION STANDARDS FOR GREEN BUILDINGS. SUCH RESIDENTIAL 16 REAL PROPERTY THAT HAS BEEN RECONSTRUCTED, ALTERED OR IMPROVED THAT IS 17 CERTIFIED UNDER A CERTIFICATION STANDARD APPROVED BY THE CITY WHICH IS 18 DETERMINED TO BE EQUIVALENT TO THE LEADERSHIP IN ENERGY AND ENVIRON- 19 MENTAL DESIGN (LEED) CERTIFICATION FOR THE CATEGORIES OF 20 CERTIFIED/SILVER, GOLD OR PLATINUM AS MEETING GREEN BUILDING STANDARDS 21 SHALL BE EXEMPT FOR THE FOLLOWING PERCENTAGES, PROVIDED THAT A COPY OF 22 THE CERTIFICATION FOR A QUALIFIED CATEGORY IS FILED WITH THE ASSESSOR OF 23 SUCH CITY AND THE ASSESSOR APPROVES THE APPLICATION FOR THE APPLICABLE 24 CATEGORY AS MEETING THE REQUIREMENTS OF THIS SECTION AND THE LOCAL LAW 25 OF SUCH CITY: 26 (A) CERTIFIED/SILVER CERTIFICATION STANDARD. SUCH BUILDINGS SHALL BE 27 EXEMPT FOR A PERIOD OF THREE YEARS TO THE EXTENT OF ONE HUNDRED PER 28 CENTUM OF THE INCREASE IN ASSESSED VALUE THEREOF ATTRIBUTABLE TO SUCH 29 RECONSTRUCTION, ALTERATION OR IMPROVEMENT AND FOR AN ADDITIONAL PERIOD 30 OF FOUR YEARS. THE EXTENT OF SUCH EXEMPTION SHALL BE DECREASED BY TWEN- 31 TY PER CENTUM OF THE "EXEMPTION BASE" EACH YEAR DURING SUCH ADDITIONAL 32 FOUR-YEAR PERIOD SUCH THAT DURING YEAR FOUR THERE SHALL BE AN EXEMPTION 33 OF EIGHTY PER CENTUM OF THE INCREASE IN ASSESSED VALUE THEREOF ATTRIBUT- 34 ABLE, DURING YEAR FIVE THERE SHALL BE AN EXEMPTION OF SIXTY PER CENTUM 35 OF THE INCREASE IN ASSESSED VALUE THEREOF ATTRIBUTABLE, IN YEAR SIX 36 THERE SHALL BE AN EXEMPTION OF FORTY PER CENTUM OF THE INCREASE IN 37 ASSESSED VALUE THEREOF ATTRIBUTABLE AND IN YEAR SEVEN THERE SHALL BE AN 38 EXEMPTION OF TWENTY PER CENTUM OF THE INCREASE IN ASSESSED VALUE THEREOF 39 ATTRIBUTABLE. THE "EXEMPTION BASE" SHALL BE THE INCREASE IN ASSESSED 40 VALUE DUE TO IMPROVEMENTS AS DETERMINED BY THE ASSESSOR IN THE INITIAL 41 YEAR OF SUCH SEVEN-YEAR PERIOD FOLLOWING THE FILING OF AN ORIGINAL 42 APPLICATION; 43 (B) GOLD STANDARD. SUCH BUILDINGS SHALL BE EXEMPT FOR A PERIOD OF FOUR 44 YEARS TO THE EXTENT OF ONE HUNDRED PER CENTUM OF THE INCREASE IN 45 ASSESSED VALUE THEREOF ATTRIBUTABLE TO SUCH RECONSTRUCTION, ALTERATION 46 OR IMPROVEMENT AND FOR AN ADDITIONAL PERIOD OF FOUR YEARS. THE EXTENT OF 47 SUCH EXEMPTION SHALL BE DECREASED BY TWENTY PER CENTUM OF THE "EXEMPTION 48 BASE" EACH YEAR DURING SUCH ADDITIONAL FOUR-YEAR PERIOD SUCH THAT DURING 49 YEAR FIVE THERE SHALL BE AN EXEMPTION OF EIGHTY PER CENTUM OF THE 50 INCREASE IN ASSESSED VALUE THEREOF ATTRIBUTABLE, DURING YEAR SIX THERE 51 SHALL BE AN EXEMPTION OF SIXTY PER CENTUM OF THE INCREASE IN ASSESSED 52 VALUE THEREOF ATTRIBUTABLE, IN YEAR SEVEN THERE SHALL BE AN EXEMPTION OF 53 FORTY PER CENTUM OF THE INCREASE IN ASSESSED VALUE THEREOF ATTRIBUTABLE 54 AND IN YEAR EIGHT THERE SHALL BE AN EXEMPTION OF TWENTY PER CENTUM OF 55 THE INCREASE IN ASSESSED VALUE THEREOF ATTRIBUTABLE. THE "EXEMPTION 56 BASE" SHALL BE THE INCREASE IN ASSESSED VALUE DUE TO IMPROVEMENTS AS A. 9103--C 3 1 DETERMINED BY THE ASSESSOR IN THE INITIAL YEAR OF SUCH EIGHT-YEAR PERIOD 2 FOLLOWING THE FILING OF AN ORIGINAL APPLICATION; OR 3 (C) PLATINUM STANDARD. SUCH BUILDINGS SHALL BE EXEMPT FOR A PERIOD OF 4 SIX YEARS TO THE EXTENT OF ONE HUNDRED PER CENTUM OF THE INCREASE IN 5 ASSESSED VALUE THEREOF ATTRIBUTABLE TO SUCH RECONSTRUCTION, ALTERATION 6 OR IMPROVEMENT AND FOR AN ADDITIONAL PERIOD OF FOUR YEARS. THE EXTENT OF 7 SUCH EXEMPTION SHALL BE DECREASED BY TWENTY PER CENTUM OF THE "EXEMPTION 8 BASE" EACH YEAR DURING SUCH ADDITIONAL FOUR-YEAR PERIOD SUCH THAT DURING 9 YEAR SEVEN THERE SHALL BE AN EXEMPTION OF EIGHTY PER CENTUM OF THE 10 INCREASE IN ASSESSED VALUE THEREOF ATTRIBUTABLE, DURING YEAR EIGHT THERE 11 SHALL BE AN EXEMPTION OF SIXTY PER CENTUM OF THE INCREASE IN ASSESSED 12 VALUE THEREOF ATTRIBUTABLE, IN YEAR NINE THERE SHALL BE AN EXEMPTION OF 13 FORTY PER CENTUM OF THE INCREASE IN ASSESSED VALUE THEREOF ATTRIBUTABLE 14 AND IN YEAR TEN THERE SHALL BE AN EXEMPTION OF TWENTY PER CENTUM OF THE 15 INCREASE IN ASSESSED VALUE THEREOF ATTRIBUTABLE. THE "EXEMPTION BASE" 16 SHALL BE THE INCREASE IN ASSESSED VALUE DUE TO IMPROVEMENTS AS DETER- 17 MINED BY THE ASSESSOR IN THE INITIAL YEAR OF SUCH TEN-YEAR PERIOD 18 FOLLOWING THE FILING OF AN ORIGINAL APPLICATION. 19 4. EXEMPTIONS GRANTED PURSUANT TO THIS SECTION SHALL APPLY TO REAL 20 PROPERTY TAXES IMPOSED FOR CITY PURPOSES. 21 5. NO SUCH EXEMPTION SHALL BE GRANTED UNLESS: 22 (A) SUCH RECONSTRUCTION, ALTERATION OR IMPROVEMENT WAS COMMENCED 23 SUBSEQUENT TO THE EFFECTIVE DATE OF THE LOCAL LAW OR RESOLUTION ADOPTED 24 PURSUANT TO SUBDIVISION ONE OF THIS SECTION; 25 (B) THE VALUE OF SUCH RECONSTRUCTION, ALTERATION OR IMPROVEMENT 26 EXCEEDS THE SUM OF SEVENTY-FIVE HUNDRED DOLLARS; AND 27 (C) SUCH RECONSTRUCTION, ALTERATION OR IMPROVEMENT IS DOCUMENTED BY A 28 BUILDING PERMIT, IF REQUIRED, FOR THE IMPROVEMENTS OR OTHER APPROPRIATE 29 DOCUMENTATION AS REQUIRED BY THE CITY ASSESSOR. 30 6. SUCH EXEMPTION SHALL BE GRANTED ONLY UPON APPLICATION BY THE OWNER 31 OF SUCH BUILDING ON A FORM PRESCRIBED BY THE COMMISSIONER. SUCH APPLICA- 32 TION SHALL BE FILED WITH THE ASSESSOR OF A CITY WITH A POPULATION OF NOT 33 LESS THAN TWENTY-SEVEN THOUSAND FIVE HUNDRED AND NOT MORE THAN 34 TWENTY-EIGHT THOUSAND ON OR BEFORE THE APPROPRIATE TAXABLE STATUS DATE 35 OF SUCH CITY AND WITHIN ONE YEAR AFTER THE DATE OF COMPLETION OF SUCH 36 RECONSTRUCTION, ALTERATION OR IMPROVEMENT. 37 7. IF SATISFIED THAT THE APPLICANT IS ENTITLED TO AN EXEMPTION PURSU- 38 ANT TO THIS SECTION, THE CITY ASSESSOR SHALL APPROVE THE APPLICATION AND 39 SUCH BUILDING SHALL THEREAFTER BE EXEMPT FROM TAXATION AND SPECIAL AD 40 VALOREM LEVIES BY THE CITY AS PROVIDED IN THIS SECTION COMMENCING WITH 41 THE ASSESSMENT ROLL PREPARED ON THE BASIS OF THE TAXABLE STATUS DATE 42 REFERRED TO IN SUBDIVISION SIX OF THIS SECTION. THE ASSESSOR SHALL ENTER 43 THE ASSESSED VALUE OF ANY EXEMPTION GRANTED PURSUANT TO THIS SECTION ON 44 THE ASSESSMENT ROLL FOR THE TAXABLE PROPERTY, WITH THE AMOUNT OF THE 45 EXEMPTION SHOWN IN A SEPARATE COLUMN. IN ANY CASE WHERE THERE IS AN 46 ENHANCED EXEMPTION BENEFIT BASED ON A CERTIFICATION OF CERTIFIED/SILVER, 47 GOLD OR PLATINUM LEED STANDARDS IN ACCORDANCE WITH APPLICABLE CERTIF- 48 ICATION STANDARDS APPROVED BY THE CITY, A COPY OF SUCH CERTIFICATION 49 SHALL BE FILED IN THE SUBJECT REAL PROPERTY FILE. 50 8. IN THE EVENT THAT REAL PROPERTY GRANTED AN EXEMPTION PURSUANT TO 51 THIS SECTION CEASES TO BE USED PRIMARILY FOR RESIDENTIAL PURPOSES, THE 52 EXEMPTION GRANTED PURSUANT TO THIS SECTION SHALL CEASE. 53 S 2. This act shall take effect immediately.