Bill Text: NY S07238 | 2019-2020 | General Assembly | Introduced
Bill Title: Repeals a provision of the real property tax law and certain provisions of the New York city administrative code relating to the affordable New York housing program and makes necessary technical and conforming changes relating thereto.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2020-01-13 - REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT [S07238 Detail]
Download: New_York-2019-S07238-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 7238 IN SENATE January 13, 2020 ___________ Introduced by Sen. MYRIE -- read twice and ordered printed, and when printed to be committed to the Committee on Housing, Construction and Community Development AN ACT to repeal section 421-a of the real property tax law, relating to the affordable New York housing program; to amend the real property tax law, the administrative code of the city of New York, and the private housing finance law, in relation to making necessary technical and conforming changes; and to repeal certain sections of the adminis- trative code of the city of New York relating thereto The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 421-a of the real property tax law is REPEALED. 2 § 2. Section 11-245 of the administrative code of the city of New York 3 is REPEALED. 4 § 3. Section 11-245.1 of the administrative code of the city of New 5 York is REPEALED. 6 § 4. Section 11-245.1-a of the administrative code of the city of New 7 York is REPEALED. 8 § 5. Section 11-245.1-b of the administrative code of the city of New 9 York is REPEALED. 10 § 6. Paragraph 11 of subdivision a of section 6-130 of the administra- 11 tive code of the city of New York, as added by local law number 27 of 12 the city of New York for the year 2012, is amended to read as follows: 13 (11) "Lease" means any agreement whereby a contracting agency 14 contracts for, or leases or rents, commercial office space or commercial 15 office facilities of 10,000 square feet or more from a non-governmental 16 entity provided the City, whether through a single agreement or multiple 17 agreements, leases or rents no less than fifty-one percent of the total 18 square footage of the building to which the lease applies, or if such 19 space or such facility is entirely located within the geographic area in 20 the borough of Staten Island[, or in an area not defined as an exclusion21area pursuant to section 421-a of the real property tax law] on the date 22 of enactment of the local law that added this section, then no less than 23 eighty percent of the total square footage of the building to which the EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD14198-01-9S. 7238 2 1 lease applies. Such agreements shall not include agreements between 2 not-for-profit organizations and a contracting agency. 3 § 7. Subdivision 1 of section 11-239 of the administrative code of the 4 city of New York, as amended by local law number 40 of the city of New 5 York for the year 2007, is amended to read as follows: 6 1. For fiscal years beginning the first of July, two thousand three 7 and ending the thirtieth of June, two thousand nine, a rebate in the 8 amount of the lesser of four hundred dollars or the annual tax liability 9 imposed on the property shall be paid to an owner or tenant-stockholder 10 who, as of the date the application provided for in subdivision four of 11 this section is due, owns a one, two or three family residence or a 12 dwelling unit in residential property held in the condominium or cooper- 13 ative form of ownership that is the owner or tenant-stockholder's prima- 14 ry residence and meets all other eligibility requirements of this 15 section. If, with respect to the fiscal year beginning on the first of 16 July, two thousand eight and ending on the thirtieth of June, two thou- 17 sand nine, an increase in average real property tax rates would other- 18 wise be necessary in the resolution of the city council fixing real 19 property tax rates for such fiscal year pursuant to the charter, then 20 the rebate to be paid for such fiscal year shall be reduced or elimi- 21 nated as follows: where the sum to be raised by such increase is less 22 than seven hundred fifty million dollars, then such rebate shall be 23 reduced by fifty cents for each dollar of increase, and where the sum to 24 be raised by such increase is seven hundred fifty million dollars or 25 more, then such rebate shall be eliminated. Notwithstanding anything to 26 the contrary in sections [four hundred twenty-one-a,] four hundred twen- 27 ty-one-b or four hundred twenty-one-g of the real property tax law, an 28 owner or tenant-stockholder whose property is receiving benefits pursu- 29 ant to such sections shall not be prohibited from receiving a rebate 30 pursuant to this section if such owner or tenant-stockholder is other- 31 wise eligible to receive such rebate. Tenant-stockholders of dwelling 32 units in a cooperative apartment corporation incorporated as a mutual 33 company pursuant to article two, four, five or eleven of the private 34 housing finance law shall not be entitled to the rebate authorized by 35 this section. Such rebate shall be paid by the commissioner of finance 36 to eligible owners or tenant-stockholders in accordance with rules 37 promulgated by the commissioner of finance. 38 § 8. Subdivision h of section 26-901 of the administrative code of the 39 city of New York, as added by local law number 44 of the city of New 40 York for the year 2012, is amended to read as follows: 41 h. "Housing development project" means construction, rehabilitation or 42 alteration of any residential building, residential facility or residen- 43 tial structure by a developer (1) which creates or preserves at least 44 one dwelling unit; (2) which is funded in whole or in part by city 45 financial assistance other than non-discretionary tax abatements or 46 benefits approved or administered in accordance with [sections 421-a or] 47 section 489 of the New York state real property tax law or other similar 48 programs and (3) where the developer of such project was not selected 49 more than five years prior to the effective date of this chapter. The 50 term "housing development project" shall not include emergency repairs 51 performed by or on behalf of the department pursuant to section 27-2125 52 of this code, work performed by or on behalf of the department pursuant 53 to section 27-2153 of this code, demolition work performed by or on 54 behalf of the department pursuant to articles two hundred fifteen or two 55 hundred sixteen of chapter two of title twenty-eight of this code, orS. 7238 3 1 work funded by the department pursuant to article seven-a of the New 2 York state real property actions and proceedings law. 3 § 9. Subdivision 18 of section 654-d of the private housing finance 4 law, as amended by chapter 703 of the laws of 1992, is amended to read 5 as follows: 6 18. Rentals. Notwithstanding the provisions of, or any regulation 7 promulgated pursuant to, the emergency housing rent control law, the 8 local emergency housing rent control act or local law enacted pursuant 9 thereto, all dwelling units in a multiple dwelling the rehabilitation of 10 which commenced after July first, nineteen hundred seventy-seven and 11 which is financed by a mortgage loan insured by the subsidiary corpo- 12 ration (including, but not limited to, mortgage loans insured pursuant 13 to mortgage insurance contracts and housing insurance contracts), except 14 for dwelling units occupied by reason of ownership of stock in a cooper- 15 ative and except for dwelling units that constitute condominiums, shall 16 be subject to the rent stabilization law of nineteen hundred sixty-nine, 17 beginning immediately after initial rents, as established under applica- 18 ble provisions of this chapter, [section four hundred twenty-one-a of19the real property tax law,] section four hundred eighty-nine of the real 20 property tax law and/or subparagraph (m) of paragraph one of subdivision 21 g of section 26-405 of the administrative code of the city of New York 22 for such dwelling units to become effective on the basis of such reha- 23 bilitation, provided that any occupant in possession of a dwelling unit 24 that first becomes subject to the rent stabilization law of nineteen 25 hundred sixty-nine pursuant to this section shall be offered a two-year 26 lease notwithstanding any contrary provisions of, or regulations adopted 27 pursuant to, such rent stabilization law, at the initial rent estab- 28 lished for such dwelling unit and provided further that such dwelling 29 units, other than those dwelling units, the initial rents of which are 30 established under subparagraph (m) of paragraph one of subdivision g of 31 section 26-405 of the administrative code of the city of New York, shall 32 remain subject to the rent stabilization law in accordance with the 33 provisions of this chapter[, section four hundred twenty-one-a of the34real property tax law] and/or section four hundred eighty-nine of the 35 real property tax law as the case may be. Except to the extent to which 36 dwelling units, which are controlled under other provisions of law, 37 become subject to the rent stabilization law of nineteen hundred sixty- 38 nine pursuant to the preceding sentence, no dwelling unit shall become 39 subject to the rent stabilization law solely by reason of insurance of a 40 mortgage loan by the subsidiary corporation. 41 § 10. Subdivision 6 of section 421-m of the real property tax law, as 42 added by section 43 of part B of chapter 97 of the laws of 2011, is 43 amended to read as follows: 44 6. The exemption authorized by this section shall not be available in 45 a jurisdiction to which the provisions of section [four hundred twenty-46one-a or] four hundred twenty-one-c of this article are applicable. 47 § 11. Subdivision 1 of section 467-e of the real property tax law, as 48 amended by chapter 483 of the laws of 2007, is amended to read as 49 follows: 50 1. Generally. Notwithstanding any provision of any general, special or 51 local law to the contrary, any city having a population of one million 52 or more is hereby authorized and empowered to adopt and amend local laws 53 in accordance with this section to grant a rebate of real property taxes 54 for fiscal years beginning on the first of July, two thousand three and 55 ending on the thirtieth of June, two thousand nine in the amount of the 56 lesser of four hundred dollars or the annual tax liability imposed onS. 7238 4 1 the property. No such local law may be adopted unless, as originally 2 adopted, it authorizes such rebate to be granted in accordance with this 3 section for three consecutive fiscal years beginning with the fiscal 4 year beginning on the first of July, two thousand three. No such rebate 5 shall be granted by local law for any fiscal year beginning on or after 6 the first of July, two thousand nine, unless the council of such city, 7 in fixing the annual tax rates for any such fiscal year, shall have 8 uniformly reduced such rates for all classes of property in order to 9 produce real property tax relief among such classes of property in an 10 amount not less than, in the aggregate, the aggregate amount of rebate 11 paid in such fiscal year. No such local law implementing the provisions 12 of this section, as amended by [the] chapter four hundred eighty-three 13 of the laws of two thousand seven [which added this sentence], may be 14 adopted unless, as originally adopted, such local law authorizes such 15 rebate to be granted in accordance with this section for three consec- 16 utive fiscal years beginning with the fiscal year beginning on the first 17 of July, two thousand six. Any rebate authorized by local law in accord- 18 ance with this section shall be paid in the fiscal year following the 19 fiscal year for which the rebate is granted. If, with respect to the 20 fiscal year of such city beginning on the first of July, two thousand 21 eight and ending on the thirtieth of June, two thousand nine, an 22 increase in average real property tax rates would otherwise be necessary 23 in the resolution of such city council fixing real property tax rates 24 for such fiscal year pursuant to the charter of such city, then the 25 rebate to be paid for such fiscal year shall be reduced or eliminated as 26 follows: where the sum to be raised by such increase is less than seven 27 hundred fifty million dollars, then such rebate shall be reduced by 28 fifty cents for each dollar of increase, and where the sum to be raised 29 by such increase is seven hundred fifty million dollars or more, then 30 such rebate shall be eliminated. The determination of the reduction or 31 elimination of such rebate shall be set forth in such resolution after 32 consultation with the department of finance of such city and shall take 33 effect upon the final adoption of such resolution. Such rebate shall be 34 paid to an owner or tenant-stockholder who, as of the date the applica- 35 tion provided for in subdivision four of this section is due, owns a 36 one, two or three family residence or a dwelling unit in residential 37 property held in the condominium or cooperative form of ownership that 38 is the owner or tenant-stockholder's primary residence and meets all 39 other eligibility requirements of this section. Notwithstanding 40 anything to the contrary in sections [four hundred twenty-one-a,] four 41 hundred twenty-one-b or four hundred twenty-one-g of this title, an 42 owner or tenant-stockholder whose property is receiving benefits pursu- 43 ant to such sections shall not be prohibited from receiving a rebate 44 pursuant to this section if such owner or tenant-stockholder is other- 45 wise eligible to receive such rebate. Tenant-stockholders of dwelling 46 units in a cooperative apartment corporation incorporated as a mutual 47 company pursuant to article two, four, five or eleven of the private 48 housing finance law shall not be entitled to the rebate authorized by 49 this section. Such rebate shall be paid by the commissioner of finance 50 to eligible owners or tenant-stockholders in accordance with rules 51 promulgated by the commissioner of finance. 52 § 12. Paragraph (b) of subdivision 1-a of section 489 of the real 53 property tax law, as amended by chapter 450 of the laws of 2003, is 54 amended to read as follows: 55 (b) for tax lots in the city of New York now existing or hereafter 56 created within the following area in the borough of Manhattan, suchS. 7238 5 1 conversions, alterations or improvements are aided by a grant, loan or 2 subsidy from any federal, state or local agency or instrumentality: 3 beginning at the intersection of the United States pierhead line in the 4 Hudson river and the center line of Chambers street extended, thence 5 easterly to the center line of Chambers street and continuing along the 6 center line of Chambers street to the center line of Centre street, 7 thence southerly along the center line of Centre street to the center 8 line of the Brooklyn Bridge to the intersection of the Brooklyn Bridge 9 and the United States pierhead line in the East river, thence northerly 10 along the United States pierhead line in the East river to the inter- 11 section of the United States pierhead line in the East river and the 12 center line of One Hundred Tenth street extended, thence westerly to the 13 center line of One Hundred Tenth street and continuing along the center 14 line of One Hundred Tenth street to its westerly terminus, thence 15 westerly to the intersection of the center line of One Hundred Tenth 16 street extended and the United States pierhead line in the Hudson river, 17 thence southerly along the United States pierhead line in the Hudson 18 river to the point of beginning. For purposes of this subdivision, 19 "floor area" shall [have the same meaning as in paragraph b of subdivi-20sion one of section four hundred twenty-one-a of this title] mean the 21 horizontal areas of the several floors or any portion thereof of a 22 dwelling or dwellings and accessory structures on a lot measured from 23 the exterior faces of exterior walls or from the center line of party 24 walls. Nothing in this subdivision shall be construed to provide bene- 25 fits pursuant to subdivision two of this section for the costs attribut- 26 able to the increased cubic content in any such building or structure. 27 § 13. This act shall take effect immediately.
