Bill Text: NY S00716 | 2021-2022 | General Assembly | Introduced


Bill Title: Provides real property tax relief during the COVID-19 state of emergency by waiving interest and penalties for unpaid property taxes where an owner has suffered economic hardship during such emergency.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-01-05 - REFERRED TO LOCAL GOVERNMENT [S00716 Detail]

Download: New_York-2021-S00716-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                           716

                               2021-2022 Regular Sessions

                    IN SENATE

                                       (Prefiled)

                                     January 6, 2021
                                       ___________

        Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when
          printed to be committed to the Committee on Local Government

        AN ACT to amend the real property tax law and the administrative code of
          the city of New York, in relation to enacting the coronavirus property
          tax relief act

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. This act shall be known as the  "coronavirus  property  tax
     2  relief act".
     3    § 2. For the purposes of this act, "economic hardship due to COVID-19"
     4  shall mean any hardship determined by the commissioner of finance of the
     5  city  of New York to be related to the outbreak of the novel coronavirus
     6  COVID-19, including but not limited to a loss of rental income, death or
     7  illness due to COVID-19 of an immediate family member or a fellow  prop-
     8  erty owner which has caused a hardship, loss of employment income due to
     9  the   place   of   employment's   compliance   with  government  ordered
    10  restrictions due to COVID-19, loss  of  investment  income  due  to  the
    11  economic  contraction  caused by COVID-19, or any other qualifying event
    12  the commissioner determines to be related to COVID-19.
    13    § 3. Subdivision 2 of section 925-a of the real property tax  law,  as
    14  amended  by  chapter  522  of  the  laws  of 2007, is amended to read as
    15  follows:
    16    2. Notwithstanding any provision of law  to  the  contrary,  during  a
    17  state  disaster  emergency as defined by section twenty of the executive
    18  law, the governor may, by executive order issued upon the request of the
    19  chief executive officer of a  county,  city,  town,  village  or  school
    20  district in the affected area, extend by up to twenty-one days the final
    21  date  for paying taxes without interest or penalty in such county, city,
    22  town, village or school district. If such an extension is  granted,  and
    23  any  taxes are not paid by the final date so provided, those taxes shall

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03213-01-1

        S. 716                              2

     1  be subject to the same interest and penalties that would have applied if
     2  no extension had been granted.  Notwithstanding the provisions  of  this
     3  subdivision,  the  chief  executive  officer of each locality granted an
     4  extension  in executive order 202.22 of the year two thousand twenty may
     5  choose to waive such interest and penalties if such taxes are  not  paid
     6  by the final date.
     7    § 4. Subdivision f of section 11-224 of the administrative code of the
     8  city of New York is amended to read as follows:
     9    f. If any tax on real estate which shall become due and payable at any
    10  time on or after July first, nineteen hundred seventy-nine, shall remain
    11  unpaid  in  whole  or in part on the fifteenth day following the date on
    12  which the same shall become due and payable,  or  if  any  tax  on  real
    13  estate  which  became  due  and  payable  prior  to July first, nineteen
    14  hundred seventy-nine shall remain unpaid on that date, the  commissioner
    15  of finance shall charge, receive and collect interest upon the amount of
    16  such tax or such part thereof remaining unpaid, to be calculated, in the
    17  case  of  any  tax  which  shall become due and payable on or after July
    18  first, nineteen hundred seventy-nine, from the day on which such tax  or
    19  such  part  thereof  became  due and payable, and in the case of any tax
    20  which became due and payable  prior  to  July  first,  nineteen  hundred
    21  seventy-nine,  from  July  first,  nineteen hundred seventy-nine, to the
    22  date of payment at the rate of seven per centum per annum if the  annual
    23  tax on a parcel is two thousand seven hundred fifty dollars or less, and
    24  at  the  rate  of  fifteen  per  centum per annum if the annual tax on a
    25  parcel is more than two thousand seven hundred fifty dollars  or,  irre-
    26  spective of the annual tax, if a parcel consists of vacant or unimproved
    27  land.  Any interest accrued prior to July first, nineteen hundred seven-
    28  ty-nine, pursuant to the preceding subdivisions of this section shall be
    29  unaffected by the provisions of this subdivision.
    30    Notwithstanding the provisions of this section,  the  commissioner  of
    31  finance  shall  charge  no  interest on the tax which remains unpaid, in
    32  whole or in part, on the fifteenth day following the date on  which  the
    33  same  shall  become  due  and  payable,  if  the owner of the parcel has
    34  suffered an economic hardship due to COVID-19, as such term  is  defined
    35  by the chapter of the laws of two thousand twenty-one which amended this
    36  subdivision.
    37    §  5.  Section  11-224.1 of the administrative code of the city of New
    38  York is amended by adding a new subdivision (h) to read as follows:
    39    (h) The interest described by this section shall not be imposed on any
    40  unpaid real property tax if the owner of such property has  suffered  an
    41  economic  hardship due to COVID-19, as such term is defined by the chap-
    42  ter of the laws of two thousand twenty-one which added this subdivision.
    43    § 6. This act shall take effect on the ninetieth day  after  it  shall
    44  have become a law. Effective immediately, the commissioner of finance of
    45  the  city  of New York is authorized and directed to promulgate any rule
    46  or regulation necessary for the implementation of this act on or  before
    47  such  effective date. Any penalty or interest which accrued prior to the
    48  effective date of this act which is waived  or  prohibited  pursuant  to
    49  this act shall be refunded to the property owner.
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