Bill Text: NY A10254 | 2017-2018 | General Assembly | Amended

---

Bill Title: Authorizes cities having a population of one million or more to provide a rebate during a specified city fiscal year of a portion of the real property taxes on owner occupied 1, 2, 3, 4, 5 or 6 family residential real property, or residential real property held in the condominium or cooperative form of ownership.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-06-05 - print number 10254b [A10254 Detail]

Download: New_York-2017-A10254-Amended.html

---

                STATE OF NEW YORK
        ________________________________________________________________________
                                        10254--B
                   IN ASSEMBLY
                                     March 27, 2018
                                       ___________
        Introduced  by  M.  of  A.  BENEDETTO  --  read once and referred to the
          Committee on Real Property  Taxation  --  committee  discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee -- 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 rebate of
          real property taxes on certain residential real  property  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.  The section heading of section 467-e of the real  property
     2  tax  law,  as  added by section 1 of part V of chapter 60 of the laws of
     3  2004, is amended to read as follows:
     4    Rebate for owners or tenant-stockholders  of  one,  two  [or],  three,
     5  four,  five or six family residences or residential property held in the
     6  condominium or cooperative form of ownership in a city  having  a  popu-
     7  lation of one million or more.
     8    §  2.  Subdivision 1 of section 467-e of the real property tax law, as
     9  amended by chapter 483 of the laws  of  2007,  is  amended  to  read  as
    10  follows:
    11    1. Generally. Notwithstanding any provision of any general, special or
    12  local  law  to the contrary, any city having a population of one million
    13  or more is hereby authorized and empowered to adopt and amend local laws
    14  in accordance with this section to grant a rebate of real property taxes
    15  for the fiscal years beginning  on  the  first  of  July,  two  thousand
    16  [three]  eighteen  and  ending  on  the  thirtieth of June, two thousand
    17  [nine] twenty in the amount of  [the  lesser  of]  up  to  four  hundred
    18  dollars  [or]  but in no case more than the annual tax liability imposed
    19  on the property. [No such local law may be adopted unless, as originally
    20  adopted, it authorizes such rebate to be granted in accordance with this
    21  section for three consecutive fiscal years  beginning  with  the  fiscal
    22  year  beginning on the first of July, two thousand three. No such rebate
    23  shall be granted by local law for any fiscal year beginning on or  after
    24  the  first  of July, two thousand nine, unless the council of such city,

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09732-09-8
        A. 10254--B                         2

     1  in fixing the annual tax rates for any  such  fiscal  year,  shall  have
     2  uniformly  reduced  such  rates  for all classes of property in order to
     3  produce real property tax relief among such classes of  property  in  an
     4  amount  not  less than, in the aggregate, the aggregate amount of rebate
     5  paid in such fiscal year. No such local law implementing the  provisions
     6  of  this  section, as amended by the chapter of the laws of two thousand
     7  seven which added this sentence, may be adopted  unless,  as  originally
     8  adopted,  such local law authorizes such rebate to be granted in accord-
     9  ance with this section for three consecutive fiscal years beginning with
    10  the fiscal year beginning on the first of July, two thousand  six.]  Any
    11  rebate  authorized by local law in accordance with this section shall be
    12  paid in the fiscal year following the fiscal year for which  the  rebate
    13  is  granted. [If, with respect to the fiscal year of such city beginning
    14  on the first of July, two thousand eight and ending on the thirtieth  of
    15  June,  two thousand nine, an increase in average real property tax rates
    16  would otherwise be necessary in the  resolution  of  such  city  council
    17  fixing  real  property  tax  rates  for such fiscal year pursuant to the
    18  charter of such city, then the rebate to be paid for  such  fiscal  year
    19  shall be reduced or eliminated as follows: where the sum to be raised by
    20  such  increase  is  less  than seven hundred fifty million dollars, then
    21  such rebate shall be reduced by fifty cents for each dollar of increase,
    22  and where the sum to be raised by such increase is seven  hundred  fifty
    23  million  dollars  or  more,  then  such  rebate shall be eliminated. The
    24  determination of the reduction or elimination of such  rebate  shall  be
    25  set  forth  in such resolution after consultation with the department of
    26  finance of such city and shall take effect upon the  final  adoption  of
    27  such resolution.] Such rebate shall be paid to an owner or tenant-stock-
    28  holder  who,  as of the date the application provided for in subdivision
    29  four of this section is due, owns a one, two [or], three, four, five  or
    30  six  family residence or a dwelling unit in residential property held in
    31  the condominium or cooperative form of ownership that is  the  owner  or
    32  tenant-stockholder's  primary  residence and meets all other eligibility
    33  requirements of this section, unless the local legislative body provides
    34  by local law that only owners or  tenant-stockholders  of  a  subset  of
    35  those  property  types  are  eligible  to  be paid the rebate. The local
    36  legislative body may by local law restrict eligibility on the  basis  of
    37  whether  an  owner or tenant-stockholder is receiving a particular other
    38  benefit pursuant to this chapter or the  private  housing  finance  law.
    39  [Notwithstanding anything to the contrary in sections four hundred twen-
    40  ty-one-a, four hundred twenty-one-b or four hundred twenty-one-g of this
    41  title,  an owner or tenant-stockholder whose property is receiving bene-
    42  fits pursuant to such sections shall not be prohibited from receiving  a
    43  rebate  pursuant  to this section if such owner or tenant-stockholder is
    44  otherwise eligible to  receive  such  rebate.    Tenant-stockholders  of
    45  dwelling  units in a cooperative apartment corporation incorporated as a
    46  mutual company pursuant to article two, four,  five  or  eleven  of  the
    47  private  housing finance law shall not be entitled to the rebate author-
    48  ized by this section.] Such rebate shall be paid by the commissioner  of
    49  finance  to  eligible  owners  or tenant-stockholders in accordance with
    50  rules promulgated by the commissioner of finance.
    51    § 3. Subparagraph 1 of paragraph a of subdivision 2 of  section  467-e
    52  of the real property tax law, as added by section 1 of part V of chapter
    53  60 of the laws of 2004, is amended to read as follows:
    54    (1)  the  property  must  be a one, two [or], three, four, five or six
    55  family residence or residential property  held  in  the  condominium  or
    56  cooperative  form  of  ownership unless otherwise set forth in the local
        A. 10254--B                         3
     1  law adopted by the local legislative body in accordance with subdivision
     2  one of this section;
     3    §  4.  Subparagraph 3 of paragraph a of subdivision 2 of section 467-e
     4  of the real property tax law, as added by section 1 of part V of chapter
     5  60 of the laws of 2004, is amended to read as follows:
     6    (3) the owner must not be in arrears in the payment of  real  property
     7  taxes  in an amount in excess of twenty-five dollars for the fiscal year
     8  for which the rebate is claimed and all  prior  fiscal  years,  and  for
     9  residential  property  held  in the cooperative form of ownership, there
    10  must be no arrears in the payment of real property taxes in an amount in
    11  excess of an average of twenty-five dollars per dwelling  unit  in  such
    12  cooperative  apartment  corporation  for  the  fiscal year for which the
    13  rebate is claimed and all prior fiscal years, except that if  the  owner
    14  has  entered into an installment agreement with the city to address such
    15  arrears and is not in default on such agreement,  such  owner  would  be
    16  eligible  to receive the rebate, however the amount of such rebate shall
    17  first be applied to the installment agreement  with  any  excess  amount
    18  provided to the owner in the form of a rebate.
    19    § 5. Paragraph c of subdivision 3 of section 467-e of the real proper-
    20  ty tax law, as added by section 1 of part V of chapter 60 of the laws of
    21  2004, is amended to read as follows:
    22    c.  "Property"  means a one, two [or], three, four, five or six family
    23  residence or a dwelling unit in residential property held in the  condo-
    24  minium  or cooperative form of ownership or such subset of property type
    25  as set forth in the local law adopted by the local legislative body.
    26    § 6. Paragraph a of subdivision 4 of section 467-e of the real proper-
    27  ty tax law, as amended by chapter 483 of the laws of 2007, is amended to
    28  read as follows:
    29    a. Generally. Notwithstanding any provision of any general, special or
    30  local law to the contrary, an application for a rebate pursuant to  this
    31  section  for  the  fiscal year beginning the first of July, two thousand
    32  [three] eighteen, shall be made no later than the date published by  the
    33  commissioner  of  finance  in  the  city record and in other appropriate
    34  general notices pursuant to this subdivision, which  date  shall  be  no
    35  earlier  than  thirty days after the effective date of this subdivision.
    36  [An application for a rebate pursuant to this section for  fiscal  years
    37  beginning on or after the first of July, two thousand four and ending on
    38  the thirtieth of June, two thousand six, shall be made no later than the
    39  fifteenth  of  March of the fiscal year for which the rebate is claimed.
    40  An application for a rebate pursuant to this section  for  fiscal  years
    41  beginning on or after the first of July, two thousand six, shall be made
    42  no later than the first of September following the fiscal year for which
    43  the  rebate  is  claimed.]  An application for a rebate pursuant to this
    44  section shall be made no later than the fifteenth of March of the fiscal
    45  year for which the rebate is claimed. All owners or  tenant-stockholders
    46  of  property  who primarily reside thereon must jointly file an applica-
    47  tion for the rebate on or before the application deadline,  unless  such
    48  owners  or  tenant-stockholders  currently  receive  a real property tax
    49  exemption pursuant to section four  hundred  twenty-five,  four  hundred
    50  fifty-eight,  four  hundred  fifty-eight-a, four hundred fifty-nine-c or
    51  four hundred sixty-seven of this title, in which case no separate appli-
    52  cation for a rebate pursuant to this section shall be  required.  [Such]
    53  The  commissioner  of  finance  may  determine  the manner by which such
    54  application may be filed and may require that such application [may]  be
    55  filed  by  mail  if  it  is  enclosed  in  a  postpaid envelope properly
    56  addressed to the commissioner of finance, deposited in a post office  or
        A. 10254--B                         4
     1  official depository under the exclusive care of the United States postal
     2  service, and postmarked by the United States postal service on or before
     3  the  application  deadline  or  submitted  online. Each such application
     4  shall be made on a form prescribed by the commissioner of finance, which
     5  shall  require  the  applicant  to  agree  to notify the commissioner of
     6  finance if his, her or their primary residence changes  after  receiving
     7  the  rebate pursuant to this section, or after filing an application for
     8  such rebate, if his, her or their primary residence changes after filing
     9  such application, but before receiving such rebate.  The commissioner of
    10  finance may request that proof of primary residence  be  submitted  with
    11  the  application.  No  rebate  pursuant to this section shall be granted
    12  unless the applicant, if required to do so by this subdivision, files an
    13  application within the time periods prescribed in this subdivision.
    14    § 7. This act shall take effect immediately.