Bill Text: NY S03688 | 2015-2016 | General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Provides for the assessment of real property in cities having a population of one million or more, which was damaged by a severe storm on October 29 - 30, 2012.
Spectrum: Slight Partisan Bill (Democrat 5-2)
Status: (Introduced - Dead) 2015-04-27 - SUBSTITUTED BY A5620B [S03688 Detail]
Download: New_York-2015-S03688-Amended.html
Bill Title: Provides for the assessment of real property in cities having a population of one million or more, which was damaged by a severe storm on October 29 - 30, 2012.
Spectrum: Slight Partisan Bill (Democrat 5-2)
Status: (Introduced - Dead) 2015-04-27 - SUBSTITUTED BY A5620B [S03688 Detail]
Download: New_York-2015-S03688-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
3688--A
2015-2016 Regular Sessions
I N S E N A T E
February 13, 2015
___________
Introduced by Sens. LANZA, GOLDEN, ADDABBO, AVELLA, FELDER,
HASSELL-THOMPSON, SAVINO -- read twice and ordered printed, and when
printed to be committed to the Committee on Local Government --
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 the assessment
of real property damaged by the severe storm that occurred on the
twenty-ninth and thirtieth of October, 2012 in a city having a popu-
lation 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 real property tax law is amended by adding a new
2 section 1805-a to read as follows:
3 S 1805-A. ASSESSMENT OF REAL PROPERTY DAMAGED BY THE SEVERE STORM THAT
4 OCCURRED ON THE TWENTY-NINTH AND THIRTIETH OF OCTOBER, TWO THOUSAND
5 TWELVE IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE. 1. GENER-
6 ALLY. NOTWITHSTANDING ANY PROVISION OF ANY GENERAL, SPECIAL OR LOCAL LAW
7 TO THE CONTRARY, ANY CITY HAVING A POPULATION OF ONE MILLION OR MORE IS
8 HEREBY AUTHORIZED AND EMPOWERED TO ADOPT AND AMEND LOCAL LAWS IN ACCORD-
9 ANCE WITH THIS SECTION TO PROVIDE THAT THE ASSESSED VALUE OF AFFECTED
10 REAL PROPERTY, AS DEFINED IN SUBDIVISION THREE OF THIS SECTION, SHALL BE
11 SUBJECT TO THE LIMITATIONS PROVIDED IN THIS SECTION.
12 2. DEFINITIONS. AS USED IN THIS SECTION:
13 (A) "ACTUAL ASSESSED VALUE" MEANS THE ASSESSED VALUE OF REAL PROPERTY
14 PRIOR TO THE CALCULATION OF ANY TRANSITIONAL ASSESSED VALUE, AND WHICH
15 IS NOT REDUCED BY ANY EXEMPTION FROM REAL PROPERTY TAXES.
16 (B) "AGGREGATE PHYSICAL INCREASE" MEANS THE SUM OF PHYSICAL INCREASES
17 FOR ASSESSMENT ROLLS COMPLETED FROM TWO THOUSAND FOURTEEN THROUGH TWO
18 THOUSAND TWENTY.
19 (C) "ANNUAL TAX" MEANS THE AMOUNT OF REAL PROPERTY TAX THAT IS IMPOSED
20 ON A PROPERTY FOR A FISCAL YEAR, DETERMINED AFTER REDUCTION FOR ANY
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09139-02-5
S. 3688--A 2
1 AMOUNT FROM WHICH THE PROPERTY IS EXEMPT, OR WHICH IS ABATED, PURSUANT
2 TO APPLICABLE LAW.
3 (D) "ANNUAL TAX ATTRIBUTABLE TO IMPROVEMENTS" MEANS THE ANNUAL TAX,
4 MULTIPLIED BY A FRACTION, THE NUMERATOR OF WHICH IS EQUAL TO THE
5 ASSESSED VALUE ATTRIBUTABLE TO IMPROVEMENTS ON THE PROPERTY FOR THE
6 FISCAL YEAR, AND THE DENOMINATOR OF WHICH IS THE TOTAL ASSESSED VALUE OF
7 THE PROPERTY FOR SUCH FISCAL YEAR.
8 (E) "ASSESSED VALUE" MEANS THE ASSESSED VALUE OF REAL PROPERTY THAT
9 WAS USED TO DETERMINE THE ANNUAL TAX, AND WHICH IS NOT REDUCED BY ANY
10 EXEMPTION FROM REAL PROPERTY TAXES. FOR REAL PROPERTY CLASSIFIED AS
11 CLASS TWO OR CLASS FOUR REAL PROPERTY, AS DEFINED IN SUBDIVISION ONE OF
12 SECTION EIGHTEEN HUNDRED TWO OF THIS ARTICLE TO WHICH SUBDIVISION THREE
13 OF SECTION EIGHTEEN HUNDRED FIVE OF THIS ARTICLE APPLIES, UNLESS OTHER-
14 WISE PROVIDED, THE ASSESSED VALUE IS THE LOWER OF THE ACTUAL ASSESSED
15 VALUE AND TRANSITIONAL ASSESSED VALUE.
16 (F) "ASSESSED VALUE ATTRIBUTABLE TO IMPROVEMENTS" MEANS THAT PORTION
17 OF THE ASSESSED VALUE THAT WAS USED TO DETERMINE THE ANNUAL TAX ATTRIB-
18 UTABLE TO IMPROVEMENTS, AND WHICH IS NOT REDUCED BY ANY EXEMPTION FROM
19 REAL PROPERTY TAXES.
20 (G) "COMMISSIONER OF FINANCE" MEANS THE COMMISSIONER OF FINANCE OF A
21 CITY HAVING A POPULATION OF ONE MILLION OR MORE, OR HIS OR HER DESIGNEE.
22 (H) "DEPARTMENT OF FINANCE" MEANS THE DEPARTMENT OF FINANCE OF A CITY
23 HAVING A POPULATION OF ONE MILLION OR MORE.
24 (I) "IMPROVEMENTS" MEANS BUILDINGS AND OTHER ARTICLES AND STRUCTURES,
25 SUBSTRUCTURES AND SUPERSTRUCTURES ERECTED UPON, UNDER OR ABOVE THE LAND,
26 OR AFFIXED THERETO, INCLUDING BRIDGES AND WHARVES AND PIERS AND THE
27 VALUE OF THE RIGHT TO COLLECT WHARFAGE, CRANAGE OR DOCKAGE THEREON.
28 (J) "PHYSICAL DECREASE" MEANS THE DECREASE IN ASSESSED VALUE FROM THE
29 ASSESSED VALUE ON THE PRECEDING ASSESSMENT ROLL AS A RESULT OF
30 DESTRUCTION OF PROPERTY CAUSED BY THE SEVERE STORM THAT OCCURRED ON THE
31 TWENTY-NINTH AND THIRTIETH OF OCTOBER, TWO THOUSAND TWELVE, SUCH
32 DECREASE TO WHICH SUBDIVISION FIVE OF SECTION EIGHTEEN HUNDRED FIVE OF
33 THIS ARTICLE APPLIES.
34 (K) "PHYSICAL INCREASE" MEANS THE INCREASE IN ASSESSED VALUE FROM THE
35 ASSESSED VALUE ON THE PRECEDING ASSESSMENT ROLL AS A RESULT OF AN ADDI-
36 TION TO OR IMPROVEMENT OF EXISTING REAL PROPERTY AS PROVIDED IN SUBDIVI-
37 SION FIVE OF SECTION EIGHTEEN HUNDRED FIVE OF THIS ARTICLE, FOR THE
38 PURPOSE OF RECONSTRUCTION OR REPAIR IN CONNECTION WITH THE DAMAGE CAUSED
39 BY THE SEVERE STORM THAT OCCURRED ON THE TWENTY-NINTH AND THIRTIETH OF
40 OCTOBER, TWO THOUSAND TWELVE, SUCH INCREASE TO WHICH SUBDIVISION FIVE OF
41 SECTION EIGHTEEN HUNDRED FIVE OF THIS ARTICLE APPLIES SUBJECT TO THE
42 PROVISIONS OF THIS SECTION.
43 (L) "TOTAL SQUARE FOOTAGE OF THE IMPROVEMENTS ON THE PROPERTY" MEANS,
44 WITH RESPECT TO AN ASSESSMENT ROLL, THE SQUARE FOOTAGE USED BY THE
45 DEPARTMENT OF FINANCE IN DETERMINING THE ASSESSED VALUE ATTRIBUTABLE TO
46 IMPROVEMENTS ON THE REAL PROPERTY FOR SUCH ASSESSMENT ROLL.
47 (M) "TRANSITIONAL ASSESSED VALUE" IS THE TRANSITION ASSESSMENT CALCU-
48 LATED PURSUANT TO SUBDIVISION THREE OF SECTION EIGHTEEN HUNDRED FIVE OF
49 THIS ARTICLE, AND WHICH IS NOT REDUCED BY ANY EXEMPTION FROM REAL PROP-
50 ERTY TAXES.
51 3. AFFECTED REAL PROPERTY. FOR PURPOSES OF THIS SECTION, "AFFECTED
52 REAL PROPERTY" MEANS ANY TAX LOT THAT CONTAINED, ON THE APPLICABLE TAXA-
53 BLE STATUS DATE, CLASS ONE, CLASS TWO OR CLASS FOUR REAL PROPERTY AS
54 SUCH CLASS OF REAL PROPERTY IS DEFINED IN SUBDIVISION ONE OF SECTION
55 EIGHTEEN HUNDRED TWO OF THIS ARTICLE, AS TO WHICH:
S. 3688--A 3
1 (A) THE DEPARTMENT OF FINANCE REDUCED THE ASSESSED VALUE ATTRIBUTABLE
2 TO IMPROVEMENTS ON THE PROPERTY FOR THE ASSESSMENT ROLL COMPLETED IN TWO
3 THOUSAND THIRTEEN FROM THE ASSESSED VALUE ATTRIBUTABLE TO IMPROVEMENTS
4 ON THE PROPERTY FOR THE ASSESSMENT ROLL COMPLETED IN TWO THOUSAND TWELVE
5 AS A RESULT OF DAMAGE CAUSED BY THE SEVERE STORM THAT OCCURRED ON THE
6 TWENTY-NINTH AND THIRTIETH OF OCTOBER, TWO THOUSAND TWELVE; AND
7 (B) THE DEPARTMENT OF FINANCE INCREASED THE ASSESSED VALUE ATTRIBUT-
8 ABLE TO IMPROVEMENTS ON THE PROPERTY BY MEANS OF A PHYSICAL INCREASE FOR
9 AN ASSESSMENT ROLL COMPLETED FROM TWO THOUSAND FOURTEEN THROUGH TWO
10 THOUSAND TWENTY.
11 4. LIMITATION ON INCREASES OF ASSESSED VALUE. NOTWITHSTANDING SUBDIVI-
12 SION FIVE OF SECTION EIGHTEEN HUNDRED FIVE OF THIS ARTICLE AND ANY OTHER
13 PROVISION TO THE CONTRARY, INCREASES IN THE ASSESSED VALUE OF AFFECTED
14 REAL PROPERTY SHALL BE LIMITED IN THE MANNER SPECIFIED IN THIS SUBDIVI-
15 SION.
16 (A) EXCEPT AS PROVIDED IN PARAGRAPH (C) OF THIS SUBDIVISION, FOR
17 AFFECTED REAL PROPERTY FOR WHICH THE ASSESSED VALUES ON THE ASSESSMENT
18 ROLLS COMPLETED IN TWO THOUSAND FOURTEEN AND TWO THOUSAND FIFTEEN DO NOT
19 REFLECT A PHYSICAL INCREASE, THE AMOUNT OF THE AGGREGATE PHYSICAL
20 INCREASE SHALL NOT EXCEED THE AMOUNT OF THE PHYSICAL DECREASE REFLECTED
21 IN THE ASSESSED VALUE ON THE ASSESSMENT ROLL COMPLETED IN TWO THOUSAND
22 THIRTEEN. ANY INCREASE IN ASSESSED VALUE FROM THE PRECEDING YEAR IN
23 EXCESS OF THE PHYSICAL INCREASE REFLECTED IN THE CURRENT ASSESSED VALUE,
24 SUCH PHYSICAL INCREASE LIMITED AS PROVIDED IN THE PRECEDING SENTENCE,
25 SHALL BE SUBJECT TO THE LIMITATIONS ON INCREASES PROVIDED IN SUBDIVI-
26 SIONS ONE AND TWO OF SECTION EIGHTEEN HUNDRED FIVE OF THIS ARTICLE. IN
27 NO EVENT SHALL THE ASSESSED VALUE OF THE AFFECTED REAL PROPERTY APPEAR-
28 ING ON AN ASSESSMENT ROLL COMPLETED FOR ANY GIVEN YEAR FROM TWO THOUSAND
29 FIFTEEN TO TWO THOUSAND TWENTY EXCEED WHAT THE ASSESSED VALUE WOULD HAVE
30 BEEN THAT YEAR BUT FOR ANY PHYSICAL DECREASES OR PHYSICAL INCREASES
31 REFLECTED IN THE ASSESSED VALUES ON THE ASSESSMENT ROLLS COMPLETED FROM
32 TWO THOUSAND THIRTEEN TO TWO THOUSAND TWENTY.
33 (B) FOR AFFECTED REAL PROPERTY FOR WHICH THE ASSESSED VALUE ON THE
34 ASSESSMENT ROLL COMPLETED IN TWO THOUSAND FOURTEEN OR TWO THOUSAND
35 FIFTEEN REFLECTS A PHYSICAL INCREASE, THE ASSESSED VALUE AS IT APPEARED
36 ON THE ASSESSMENT ROLL COMPLETED IN TWO THOUSAND FIFTEEN SHALL BE RECAL-
37 CULATED AS IF THE LIMITATION IN PARAGRAPH (A) OF THIS SUBDIVISION HAD
38 BEEN IN EFFECT FOR THE ASSESSMENT ROLLS COMPLETED IN TWO THOUSAND FOUR-
39 TEEN AND TWO THOUSAND FIFTEEN. THE RECALCULATION OF THE ASSESSED VALUE
40 THAT APPEARED ON THE ASSESSMENT ROLL COMPLETED IN TWO THOUSAND FIFTEEN
41 SHALL NOT AFFECT THE AMOUNT OF TAXES THAT WERE DUE AND PAYABLE FOR THE
42 FISCAL YEAR BEGINNING ON THE FIRST OF JULY, TWO THOUSAND FOURTEEN. THE
43 ASSESSED VALUE ON THE ASSESSMENT ROLLS COMPLETED FOR EACH OF THE YEARS
44 FROM TWO THOUSAND SIXTEEN TO TWO THOUSAND TWENTY SHALL BE SUBJECT TO THE
45 LIMITATION ON INCREASES PROVIDED IN PARAGRAPH (A) OF THIS SUBDIVISION.
46 NOTWITHSTANDING SECTION FIFTEEN HUNDRED TWELVE OF THE CHARTER OF THE
47 CITY OF NEW YORK AND ANY OTHER PROVISION TO THE CONTRARY, THE COMMIS-
48 SIONER OF FINANCE IS AUTHORIZED TO CORRECT AS PROVIDED IN THIS PARAGRAPH
49 THE ASSESSED VALUE OF AFFECTED REAL PROPERTY APPEARING ON THE ASSESSMENT
50 ROLL COMPLETED IN TWO THOUSAND FIFTEEN. SUCH CORRECTION SHALL BE MADE NO
51 LATER THAN NINETY DAYS AFTER THE EFFECTIVE DATE OF A LOCAL LAW ADOPTED
52 IN ACCORDANCE WITH THIS SECTION.
53 (C) NOTWITHSTANDING PARAGRAPHS (A) AND (B) OF THIS SUBDIVISION, IN THE
54 EVENT THAT THE TOTAL SQUARE FOOTAGE OF THE IMPROVEMENTS ON THE AFFECTED
55 REAL PROPERTY APPEARING ON ANY ASSESSMENT ROLL COMPLETED FROM TWO THOU-
56 SAND FOURTEEN TO TWO THOUSAND TWENTY EXCEEDS THE TOTAL SQUARE FOOTAGE OF
S. 3688--A 4
1 THE IMPROVEMENTS ON THE PROPERTY APPEARING ON THE ASSESSMENT ROLL
2 COMPLETED IN TWO THOUSAND TWELVE, THE AMOUNT OF THE AGGREGATE PHYSICAL
3 INCREASE SHALL NOT EXCEED THE AMOUNT COMPUTED BY MULTIPLYING THE SUM OF
4 THE PHYSICAL INCREASES AS CALCULATED SUBJECT TO THIS SUBDIVISION BY A
5 FRACTION, THE NUMERATOR OF WHICH IS EQUAL TO THE AMOUNT OF THE TOTAL
6 SQUARE FOOTAGE OF THE IMPROVEMENTS ON THE PROPERTY FOR THE CURRENT
7 ASSESSMENT ROLL, AND THE DENOMINATOR OF WHICH IS EQUAL TO THE AMOUNT OF
8 THE TOTAL SQUARE FOOTAGE OF THE IMPROVEMENTS ON THE PROPERTY FOR THE
9 ASSESSMENT ROLL COMPLETED IN TWO THOUSAND TWELVE. FOR PURPOSES OF THIS
10 PARAGRAPH, IF IMPROVEMENTS ON THE PROPERTY LOCATED BELOW GRADE WERE NOT
11 INCLUDED IN THE TOTAL SQUARE FOOTAGE OF THE IMPROVEMENTS ON THE PROPERTY
12 FOR THE ASSESSMENT ROLL COMPLETED IN TWO THOUSAND TWELVE, SUCH IMPROVE-
13 MENTS SHALL NOT BE INCLUDED IN THE TOTAL SQUARE FOOTAGE FOR SUBSEQUENT
14 ASSESSMENT ROLLS IF THE IMPROVEMENTS WERE MOVED ABOVE GRADE OR OTHER
15 BUILDING ELEVATIONS WERE CONSTRUCTED ON THE PROPERTY TO PREVENT OR MITI-
16 GATE FLOODING AS PART OF RECONSTRUCTION OR REPAIR IN CONNECTION WITH THE
17 DAMAGE CAUSED BY THE SEVERE STORM THAT OCCURRED ON THE TWENTY-NINTH AND
18 THIRTIETH OF OCTOBER, TWO THOUSAND TWELVE.
19 5. RULEMAKING. THE COMMISSIONER OF FINANCE SHALL BE AUTHORIZED TO
20 PROMULGATE RULES NECESSARY TO EFFECTUATE THE PURPOSES OF THIS SECTION.
21 S 2. This act shall take effect immediately.
