Bill Text: NY S04136 | 2017-2018 | General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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
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--A 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 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] year beginning on the first of July, two thousand 16 [three] nineteen and ending on the thirtieth of June, two thousand 17 [nine] twenty in the amount of the lesser of four hundred dollars or the 18 annual tax liability imposed on the property. [No such local law may be19adopted unless, as originally adopted, it authorizes such rebate to be20granted in accordance with this section for three consecutive fiscalEXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD09732-02-8S. 4136--A 2 1years beginning with the fiscal year beginning on the first of July, two2thousand three.] No such rebate shall be granted by local law for any 3 fiscal year beginning on or after the first of July, two thousand [nine] 4 twenty, unless the council of such city, in fixing the annual tax rates 5 for any such fiscal year, shall have uniformly reduced such rates for 6 all classes of property in order to produce real property tax relief 7 among such classes of property in an amount not less than, in the aggre- 8 gate, the aggregate amount of rebate paid in such fiscal year. [No such9local law implementing the provisions of this section, as amended by the10chapter of the laws of two thousand seven which added this sentence, may11be adopted unless, as originally adopted, such local law authorizes such12rebate to be granted in accordance with this section for three consec-13utive fiscal years beginning with the fiscal year beginning on the first14of July, two thousand six.] Any rebate authorized by local law in 15 accordance with this section shall be paid in the fiscal year following 16 the fiscal year for which the rebate is granted. If, with respect to the 17 fiscal year of such city beginning on the first of July, two thousand 18 [eight] nineteen and ending on the thirtieth of June, two thousand 19 [nine] twenty, an increase in average real property tax rates would 20 otherwise be necessary in the resolution of such city council fixing 21 real property tax rates for such fiscal year pursuant to the charter of 22 such city, then the rebate to be paid for such fiscal year shall be 23 reduced or eliminated as follows: where the sum to be raised by such 24 increase is less than seven hundred fifty million dollars, then such 25 rebate shall be reduced by fifty cents for each dollar of increase, and 26 where the sum to be raised by such increase is seven hundred fifty 27 million dollars or more, then such rebate shall be eliminated. The 28 determination of the reduction or elimination of such rebate shall be 29 set forth in such resolution after consultation with the department of 30 finance of such city and shall take effect upon the final adoption of 31 such resolution. Such rebate shall be paid to an owner or tenant-stock- 32 holder who, as of the date the application provided for in subdivision 33 four of this section is due, owns a one, two [or], three, four, five or 34 six family residence or a dwelling unit in residential property held in 35 the condominium or cooperative form of ownership that is the owner or 36 tenant-stockholder's primary residence and meets all other eligibility 37 requirements of this section. Notwithstanding anything to the contrary 38 in sections four hundred twenty-one-a, four hundred twenty-one-b or four 39 hundred twenty-one-g of this title, an owner or tenant-stockholder whose 40 property is receiving benefits pursuant to such sections shall not be 41 prohibited from receiving a rebate pursuant to this section if such 42 owner or tenant-stockholder is otherwise eligible to receive such 43 rebate. Tenant-stockholders of dwelling units in a cooperative apart- 44 ment corporation incorporated as a mutual company pursuant to article 45 two, four, five or eleven of the private housing finance law shall not 46 be entitled to the rebate authorized by this section. Such rebate shall 47 be paid by the commissioner of finance to eligible owners or tenant- 48 stockholders in accordance with rules promulgated by the commissioner of 49 finance. 50 § 3. Subparagraph 1 of paragraph a of subdivision 2 of section 467-e 51 of the real property tax law, as added by section 1 of part V of chapter 52 60 of the laws of 2004, is amended to read as follows: 53 (1) the property must be a one, two [or], three, four, five or six 54 family residence or residential property held in the condominium or 55 cooperative form of ownership;S. 4136--A 3 1 § 4. Paragraph c of subdivision 3 of section 467-e of the real proper- 2 ty 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 c. "Property" means a one, two [or], three, four, five or six family 5 residence or a dwelling unit in residential property held in the condo- 6 minium or cooperative form of ownership. 7 § 5. Paragraph a of subdivision 4 of section 467-e of the real proper- 8 ty tax law, as amended by chapter 483 of the laws of 2007, is amended to 9 read as follows: 10 a. Generally. Notwithstanding any provision of any general, special or 11 local law to the contrary, an application for a rebate pursuant to this 12 section for the fiscal year beginning the first of July, two thousand 13 [three] nineteen, shall be made no later than the date published by the 14 commissioner of finance in the city record and in other appropriate 15 general notices pursuant to this subdivision, which date shall be no 16 earlier than thirty days after the effective date of this subdivision. 17 [An application for a rebate pursuant to this section for fiscal years18beginning on or after the first of July, two thousand four and ending on19the thirtieth of June, two thousand six, shall be made no later than the20fifteenth of March of the fiscal year for which the rebate is claimed.21An application for a rebate pursuant to this section for fiscal years22beginning on or after the first of July, two thousand six, shall be made23no later than the first of September following the fiscal year for which24the rebate is claimed.] All owners or tenant-stockholders of property 25 who primarily reside thereon must jointly file an application for the 26 rebate on or before the application deadline, unless such owners or 27 tenant-stockholders currently receive a real property tax exemption 28 pursuant to section four hundred twenty-five, four hundred fifty-eight, 29 four hundred fifty-eight-a, four hundred fifty-nine-c or four hundred 30 sixty-seven of this title, in which case no separate application for a 31 rebate pursuant to this section shall be required. Such application may 32 be filed by mail if it is enclosed in a postpaid envelope properly 33 addressed to the commissioner of finance, deposited in a post office or 34 official depository under the exclusive care of the United States postal 35 service, and postmarked by the United States postal service on or before 36 the application deadline. Each such application shall be made on a form 37 prescribed by the commissioner of finance, which shall require the 38 applicant to agree to notify the commissioner of finance if his, her or 39 their primary residence changes after receiving the rebate pursuant to 40 this section, or after filing an application for such rebate, if his, 41 her or their primary residence changes after filing such application, 42 but before receiving such rebate. The commissioner of finance may 43 request that proof of primary residence be submitted with the applica- 44 tion. No rebate pursuant to this section shall be granted unless the 45 applicant, if required to do so by this subdivision, files an applica- 46 tion within the time [periods] period prescribed in this subdivision. 47 § 6. This act shall take effect immediately.
