STATE OF NEW YORK
        ________________________________________________________________________
                                         2746--A
                               2015-2016 Regular Sessions
                    IN SENATE
                                    January 28, 2015
                                       ___________
        Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
          printed to be committed to the Committee on Local Government -- recom-
          mitted to the Committee on Local Government in accordance with  Senate
          Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
          reprinted as amended and recommitted to said committee
        AN ACT to amend the real property tax law, in relation to providing  for
          the  imposition  of  a  civil penalty for the failure of a cooperative
          apartment corporation to credit the  STAR  exemption  to  the  tenant-
          stockholders  thereof and for the recoupment by such tenant-stockhold-
          ers of amounts due them
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Subparagraph  (iii)  of paragraph (k) of subdivision 2 of
     2  section 425 of the real property tax law is  amended  by  adding  a  new
     3  clause (C) to read as follows:
     4    (C)(I)  The failure of any cooperative apartment corporation to comply
     5  with the provisions of this subparagraph shall be punishable by a  civil
     6  penalty  not  to  exceed  five hundred dollars for each violation.  Such
     7  civil penalty may be recovered in a court of competent  jurisdiction  by
     8  the  county attorney of the county in which the subject real property is
     9  located; provided that such penalty may be recovered  by the corporation
    10  counsel of a city if the subject real property is located  in  a  county
    11  wholly contained within a city.
    12    (II) Commencing sixty days after a cooperative apartment corporation's
    13  receipt  of  a  tax bill and, upon such failure, each tenant-stockholder
    14  denied such credit or payment may withhold from the  cooperative  apart-
    15  ment  corporation  any payments due from such tenant-stockholder to such
    16  cooperative apartment corporation for  the  following  month  or  months
    17  until  such  credit  or  payment has been fully recouped by such tenant-
    18  stockholder.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05480-02-6