Bill Text: NY S04136 | 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: Bipartisan Bill
Status: (Engrossed - Dead) 2018-06-11 - referred to real property taxation [S04136 Detail]
Download: New_York-2017-S04136-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 4136--C Cal. No. 326 2017-2018 Regular Sessions IN SENATE February 3, 2017 ___________ Introduced by Sens. LANZA, FELDER -- read twice and ordered printed, and when printed to be committed to the Committee on Cities -- recommitted to the Committee on Cities in accordance with Senate Rule 6, sec. 8 -- reported favorably from said committee, ordered to first report, amended on first report, ordered to a second report and ordered reprinted, retaining its place in the order of second report -- ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading -- again amended and ordered reprinted, retaining its place in the order of third reading 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD09732-08-8S. 4136--C 2 1 dollars [or] but in no case more than the annual tax liability imposed 2 on the property. [No such local law may be adopted unless, as originally3adopted, it authorizes such rebate to be granted in accordance with this4section for three consecutive fiscal years beginning with the fiscal5year beginning on the first of July, two thousand three. No such rebate6shall be granted by local law for any fiscal year beginning on or after7the first of July, two thousand nine, unless the council of such city,8in fixing the annual tax rates for any such fiscal year, shall have9uniformly reduced such rates for all classes of property in order to10produce real property tax relief among such classes of property in an11amount not less than, in the aggregate, the aggregate amount of rebate12paid in such fiscal year. No such local law implementing the provisions13of this section, as amended by the chapter of the laws of two thousand14seven which added this sentence, may be adopted unless, as originally15adopted, such local law authorizes such rebate to be granted in accord-16ance with this section for three consecutive fiscal years beginning with17the fiscal year beginning on the first of July, two thousand six.] Any 18 rebate authorized by local law in accordance with this section shall be 19 paid in the fiscal year following the fiscal year for which the rebate 20 is granted. [If, with respect to the fiscal year of such city beginning21on the first of July, two thousand eight and ending on the thirtieth of22June, two thousand nine, an increase in average real property tax rates23would otherwise be necessary in the resolution of such city council24fixing real property tax rates for such fiscal year pursuant to the25charter of such city, then the rebate to be paid for such fiscal year26shall be reduced or eliminated as follows: where the sum to be raised by27such increase is less than seven hundred fifty million dollars, then28such rebate shall be reduced by fifty cents for each dollar of increase,29and where the sum to be raised by such increase is seven hundred fifty30million dollars or more, then such rebate shall be eliminated. The31determination of the reduction or elimination of such rebate shall be32set forth in such resolution after consultation with the department of33finance of such city and shall take effect upon the final adoption of34such resolution.] Such rebate shall be paid to an owner or tenant-stock- 35 holder who, as of the date the application provided for in subdivision 36 four of this section is due, owns a one, two [or], three, four, five or 37 six family residence or a dwelling unit in residential property held in 38 the condominium or cooperative form of ownership that is the owner or 39 tenant-stockholder's primary residence and meets all other eligibility 40 requirements of this section, unless the local legislative body provides 41 by local law that only owners or tenant-stockholders of a subset of 42 those property types are eligible to be paid the rebate. The local 43 legislative body may by local law restrict eligibility on the basis of 44 whether an owner or tenant-stockholder is receiving a particular other 45 benefit pursuant to this chapter or the private housing finance law. 46 [Notwithstanding anything to the contrary in sections four hundred twen-47ty-one-a, four hundred twenty-one-b or four hundred twenty-one-g of this48title, an owner or tenant-stockholder whose property is receiving bene-49fits pursuant to such sections shall not be prohibited from receiving a50rebate pursuant to this section if such owner or tenant-stockholder is51otherwise eligible to receive such rebate. Tenant-stockholders of52dwelling units in a cooperative apartment corporation incorporated as a53mutual company pursuant to article two, four, five or eleven of the54private housing finance law shall not be entitled to the rebate author-55ized by this section.] Such rebate shall be paid by the commissioner ofS. 4136--C 3 1 finance to eligible owners or tenant-stockholders in accordance with 2 rules promulgated by the commissioner of finance. 3 § 3. Subparagraph 1 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 (1) the property must be a one, two [or], three, four, five or six 7 family residence or residential property held in the condominium or 8 cooperative form of ownership unless otherwise set forth in the local 9 law adopted by the local legislative body in accordance with subdivision 10 one of this section; 11 § 4. Subparagraph 3 of paragraph a of subdivision 2 of section 467-e 12 of the real property tax law, as added by section 1 of part V of chapter 13 60 of the laws of 2004, is amended to read as follows: 14 (3) the owner must not be in arrears in the payment of real property 15 taxes in an amount in excess of twenty-five dollars for the fiscal year 16 for which the rebate is claimed and all prior fiscal years, and for 17 residential property held in the cooperative form of ownership, there 18 must be no arrears in the payment of real property taxes in an amount in 19 excess of an average of twenty-five dollars per dwelling unit in such 20 cooperative apartment corporation for the fiscal year for which the 21 rebate is claimed and all prior fiscal years, except that if the owner 22 has entered into an installment agreement with the city to address such 23 arrears and is not in default on such agreement, such owner would be 24 eligible to receive the rebate, however the amount of such rebate shall 25 first be applied to the installment agreement with any excess amount 26 provided to the owner in the form of a rebate. 27 § 5. Paragraph c of subdivision 3 of section 467-e of the real proper- 28 ty tax law, as added by section 1 of part V of chapter 60 of the laws of 29 2004, is amended to read as follows: 30 c. "Property" means a one, two [or], three, four, five or six family 31 residence or a dwelling unit in residential property held in the condo- 32 minium or cooperative form of ownership or such subset of property type 33 as set forth in the local law adopted by the local legislative body. 34 § 6. Paragraph a of subdivision 4 of section 467-e of the real proper- 35 ty tax law, as amended by chapter 483 of the laws of 2007, is amended to 36 read as follows: 37 a. Generally. Notwithstanding any provision of any general, special or 38 local law to the contrary, an application for a rebate pursuant to this 39 section for the fiscal year beginning the first of July, two thousand 40 [three] eighteen, shall be made no later than the date published by the 41 commissioner of finance in the city record and in other appropriate 42 general notices pursuant to this subdivision, which date shall be no 43 earlier than thirty days after the effective date of this subdivision. 44 [An application for a rebate pursuant to this section for fiscal years45beginning on or after the first of July, two thousand four and ending on46the thirtieth of June, two thousand six, shall be made no later than the47fifteenth of March of the fiscal year for which the rebate is claimed.48An application for a rebate pursuant to this section for fiscal years49beginning on or after the first of July, two thousand six, shall be made50no later than the first of September following the fiscal year for which51the rebate is claimed.] An application for a rebate pursuant to this 52 section shall be made no later than the fifteenth of March of the fiscal 53 year for which the rebate is claimed. All owners or tenant-stockholders 54 of property who primarily reside thereon must jointly file an applica- 55 tion for the rebate on or before the application deadline, unless such 56 owners or tenant-stockholders currently receive a real property taxS. 4136--C 4 1 exemption pursuant to section four hundred twenty-five, four hundred 2 fifty-eight, four hundred fifty-eight-a, four hundred fifty-nine-c or 3 four hundred sixty-seven of this title, in which case no separate appli- 4 cation for a rebate pursuant to this section shall be required. [Such] 5 The commissioner of finance may determine the manner by which such 6 application may be filed and may require that such application [may] be 7 filed by mail if it is enclosed in a postpaid envelope properly 8 addressed to the commissioner of finance, deposited in a post office or 9 official depository under the exclusive care of the United States postal 10 service, and postmarked by the United States postal service on or before 11 the application deadline or submitted online. Each such application 12 shall be made on a form prescribed by the commissioner of finance, which 13 shall require the applicant to agree to notify the commissioner of 14 finance if his, her or their primary residence changes after receiving 15 the rebate pursuant to this section, or after filing an application for 16 such rebate, if his, her or their primary residence changes after filing 17 such application, but before receiving such rebate. The commissioner of 18 finance may request that proof of primary residence be submitted with 19 the application. No rebate pursuant to this section shall be granted 20 unless the applicant, if required to do so by this subdivision, files an 21 application within the time periods prescribed in this subdivision. 22 § 7. This act shall take effect immediately.