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.
                                                                   LBD09732-08-8

        S. 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 originally
     3  adopted, it authorizes such rebate to be granted in accordance with this
     4  section  for  three  consecutive  fiscal years beginning with the fiscal
     5  year beginning on the first of July, two thousand three. No such  rebate
     6  shall  be granted by local law for any fiscal year beginning on or after
     7  the first of July, two thousand nine, unless the council of  such  city,
     8  in  fixing  the  annual  tax  rates for any such fiscal year, shall have
     9  uniformly reduced such rates for all classes of  property  in  order  to
    10  produce  real  property  tax relief among such classes of property in an
    11  amount not less than, in the aggregate, the aggregate amount  of  rebate
    12  paid  in such fiscal year. No such local law implementing the provisions
    13  of this section, as amended by the chapter of the laws of  two  thousand
    14  seven  which  added  this sentence, may be adopted unless, as originally
    15  adopted, such local law authorizes such rebate to be granted in  accord-
    16  ance with this section for three consecutive fiscal years beginning with
    17  the  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  beginning
    21  on  the first of July, two thousand eight and ending on the thirtieth of
    22  June, two thousand nine, an increase in average real property tax  rates
    23  would  otherwise  be  necessary  in  the resolution of such city council
    24  fixing real property tax rates for such  fiscal  year  pursuant  to  the
    25  charter  of  such  city, then the rebate to be paid for such fiscal year
    26  shall be reduced or eliminated as follows: where the sum to be raised by
    27  such increase is less than seven hundred  fifty  million  dollars,  then
    28  such rebate shall be reduced by fifty cents for each dollar of increase,
    29  and  where  the sum to be raised by such increase is seven hundred fifty
    30  million dollars or more, then  such  rebate  shall  be  eliminated.  The
    31  determination  of  the  reduction or elimination of such rebate shall be
    32  set forth in such resolution after consultation with the  department  of
    33  finance  of  such  city and shall take effect upon the final adoption of
    34  such 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-
    47  ty-one-a, four hundred twenty-one-b or four hundred twenty-one-g of this
    48  title, an owner or tenant-stockholder whose property is receiving  bene-
    49  fits  pursuant to such sections shall not be prohibited from receiving a
    50  rebate pursuant to this section if such owner or  tenant-stockholder  is
    51  otherwise  eligible  to  receive  such  rebate.   Tenant-stockholders of
    52  dwelling units in a cooperative apartment corporation incorporated as  a
    53  mutual  company  pursuant  to  article  two, four, five or eleven of the
    54  private housing finance law shall not be entitled to the rebate  author-
    55  ized  by this section.] Such rebate shall be paid by the commissioner of

        S. 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  years
    45  beginning on or after the first of July, two thousand four and ending on
    46  the thirtieth of June, two thousand six, shall be made no later than the
    47  fifteenth  of  March of the fiscal year for which the rebate is claimed.
    48  An application for a rebate pursuant to this section  for  fiscal  years
    49  beginning on or after the first of July, two thousand six, shall be made
    50  no later than the first of September following the fiscal year for which
    51  the  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 tax

        S. 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.
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