STATE OF NEW YORK
________________________________________________________________________
4136--A
2017-2018 Regular Sessions
IN SENATE
February 3, 2017
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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 be
19 adopted unless, as originally adopted, it authorizes such rebate to be
20 granted in accordance with this section for three consecutive fiscal
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09732-02-8
S. 4136--A 2
1 years beginning with the fiscal year beginning on the first of July, two
2 thousand 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 such
9 local law implementing the provisions of this section, as amended by the
10 chapter of the laws of two thousand seven which added this sentence, may
11 be adopted unless, as originally adopted, such local law authorizes such
12 rebate to be granted in accordance with this section for three consec-
13 utive fiscal years beginning with the fiscal year beginning on the first
14 of 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 years
18 beginning on or after the first of July, two thousand four and ending on
19 the thirtieth of June, two thousand six, shall be made no later than the
20 fifteenth of March of the fiscal year for which the rebate is claimed.
21 An application for a rebate pursuant to this section for fiscal years
22 beginning on or after the first of July, two thousand six, shall be made
23 no later than the first of September following the fiscal year for which
24 the 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.