Bill Text: NY S04621 | 2009-2010 | General Assembly | Introduced

New York Senate Bill 4621 (Prior Session Legislation)

Introduced

Bill Title: Encourages the preservation and viewing of historic properties by allowing an exemption from local real estate tax for improvements to historic real property and by requiring certain public access to such property; defines the term "historic real property" as a one, two or three family residence which is owner-occupied and designated by the appropriate agency as a historic landmark and such designation is maintained.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Introduced - Dead) 2010-01-06 - REFERRED TO LOCAL GOVERNMENT [S04621 Detail]

Download: New_York-2009-S04621-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4621
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                    April 24, 2009
                                      ___________
       Introduced  by Sens. ONORATO, HASSELL-THOMPSON, C. JOHNSON, KLEIN, PARK-
         ER, SAMPSON, THOMPSON -- read twice  and  ordered  printed,  and  when
         printed to be committed to the Committee on Local Government
       AN  ACT  to  amend  the  real  property  tax  law,  in relation to a tax
         exemption for improvements to historic real property
         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 476 to read as follows:
    3    S 476. IMPROVEMENTS TO  HISTORIC  REAL  PROPERTY;  TAX  EXEMPTION.  1.
    4  IMPROVEMENTS  TO HISTORIC REAL PROPERTY SHALL BE EXEMPT FROM TAXATION BY
    5  ANY MUNICIPAL CORPORATION IN WHICH THEY ARE LOCATED TO THE  EXTENT  THAT
    6  THE INCREASE IN ASSESSMENT IS DUE TO SUCH IMPROVEMENT, PROVIDED THAT THE
    7  GOVERNING  BODY  OF  SUCH MUNICIPAL CORPORATION, AFTER A PUBLIC HEARING,
    8  ADOPTS A LOCAL LAW OR RESOLUTION PROVIDING THEREFOR, AS PROVIDED IN THIS
    9  SECTION.
   10    2. "HISTORIC REAL PROPERTY" SHALL MEAN REAL PROPERTY WHICH IS:
   11    (A) A ONE-, TWO- OR THREE-FAMILY RESIDENCE  WHICH  IS  OWNER-OCCUPIED;
   12  AND
   13    (B)  DESIGNATED BY THE APPROPRIATE LOCAL AGENCY AS A HISTORIC LANDMARK
   14  AND SUCH DESIGNATION IS MAINTAINED.
   15    3. NO EXEMPTION SHALL BE GRANTED UNLESS THE AGENCY WHICH IS  RESPONSI-
   16  BLE TO DESIGNATE THE REAL PROPERTY AS A HISTORIC LANDMARK:
   17    (A)  CERTIFIES  THAT IT IS IN THE PUBLIC INTEREST TO PROVIDE THAT SUCH
   18  PROPERTY IS TO BE ACCESSIBLE TO THE PUBLIC; AND
   19    (B) THE OWNER OF SUCH PROPERTY AND SUCH AGENCY ENTERS INTO A PERMANENT
   20  AGREEMENT TO PROVIDE FOR REASONABLE  PUBLIC  ACCESS  TO  SUCH  PROPERTY,
   21  WHICH  AGREEMENT  SHALL  BE  BINDING  ON ALL SUBSEQUENT OWNERS AND WHICH
   22  AGREEMENT SHALL BE RECORDED IN THE  OFFICE  OF  THE  APPROPRIATE  COUNTY
   23  CLERK IN LIKE MANNER AS A DEED.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03768-01-9
       S. 4621                             2
    1    4. SUCH EXEMPTION FROM TAXATION SHALL BE GRANTED ONLY UPON APPLICATION
    2  BY THE OWNER OF SUCH HISTORIC REAL PROPERTY ON OR BEFORE THE APPROPRIATE
    3  TAXABLE  STATUS DATE. WHERE THE ASSESSOR IS SATISFIED THAT THE APPLICANT
    4  IS ENTITLED TO AN EXEMPTION PURSUANT TO THIS SECTION, HE  OR  SHE  SHALL
    5  APPROVE SUCH APPLICATION.
    6    S 2.  This act shall take effect immediately.