senate Bill S5208

Amended

Relates to a partial tax exemption for new residential reconstruction, alteration or improvement of residential structures in cities with a certain population

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 03 / May / 2011
    • REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT
  • 24 / May / 2011
    • 1ST REPORT CAL.823
  • 25 / May / 2011
    • 2ND REPORT CAL.
  • 01 / Jun / 2011
    • ADVANCED TO THIRD READING
  • 15 / Jun / 2011
    • PASSED SENATE
  • 15 / Jun / 2011
    • DELIVERED TO ASSEMBLY
  • 15 / Jun / 2011
    • REFERRED TO REAL PROPERTY TAXATION
  • 04 / Jan / 2012
    • DIED IN ASSEMBLY
  • 04 / Jan / 2012
    • RETURNED TO SENATE
  • 04 / Jan / 2012
    • REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT
  • 18 / Jan / 2012
    • 1ST REPORT CAL.44
  • 19 / Jan / 2012
    • 2ND REPORT CAL.
  • 23 / Jan / 2012
    • ADVANCED TO THIRD READING
  • 29 / Feb / 2012
    • AMENDED ON THIRD READING 5208A
  • 15 / May / 2012
    • AMENDED ON THIRD READING 5208B
  • 21 / May / 2012
    • PASSED SENATE
  • 21 / May / 2012
    • DELIVERED TO ASSEMBLY
  • 21 / May / 2012
    • REFERRED TO REAL PROPERTY TAXATION
  • 11 / Jun / 2012
    • RECALLED FROM ASSEMBLY
  • 11 / Jun / 2012
    • RETURNED TO SENATE
  • 11 / Jun / 2012
    • VOTE RECONSIDERED - RESTORED TO THIRD READING
  • 11 / Jun / 2012
    • AMENDED ON THIRD READING (T) 5208C
  • 21 / Jun / 2012
    • SUBSTITUTED BY A9103C

Summary

Relates to a partial tax exemption for new residential construction, alteration or improvement of residential structures in cities with a certain population.

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Bill Details

See Assembly Version of this Bill:
A9103
Versions:
S5208
S5208A
S5208B
S5208C
Legislative Cycle:
2011-2012
Law Section:
Real Property Tax Law
Laws Affected:
Add ยง421-ff, RPT L

Sponsor Memo

BILL NUMBER:S5208

PURPOSE:

To encourage growth and economic development by providing the city of
Auburn to provide real property tax exemptions to vacant residential
homes for capital improvements

SUMMARY OF PROVISIONS:

Section 1 of the bill amends the real property tax law by adding a new
section 421-ff to authorize an exemption for capital improvements to
vacant residential buildings in cities with a population between
twenty-eight thousand five hundred and twenty-nine thousand.

1. Provides that vacant residential buildings which have been newly
constructed or renovated structures shall be exempt from certain
taxation.

2. Provides that such buildings shall be exempt for two years for one
hundred per centum of the increase in the assessed value attributed
to the renovation. The exemption shall decrease by twenty per centum
of the exemption base for the following additional four years.

3. Sets forth the percentage of the exemption based on the LEED
certification classification (certified/silver, gold or platinum).
The percentages of exemptions are listed by the LEED certification
classification.

4. Exemptions granted pursuant to this section shall apply to real
property taxes imposed for city purposes.

5. Lists eligibility criteria for the exemption: (al construction of
improvements must commence as specified by local law; (b) project
exceeds $3,000; and{c) proper documentation required.

6. Provides that an application for exemption shall be prescribed by
the commissioner and filed with the assessor of the city.

7. Provides for the commencement of the exemption upon the approval of
the assessor. The exemption will be effective after the taxable
status date.

Section 2 of the bill provides for an immediate effective date.

JUSTIFICATION:
This legislation allows city of Auburn to provide real property tax
exemptions to vacant residential homes for capital improvements.
Small cities are continually pursuing innovative ways to encourage
growth and economic development and this legislation would be helpful
in improving housing stock and raising property values.

New York has become proactive in bolstering efforts to reduce
greenhouse gas emissions by promoting energy efficiency in homes
throughout the State. This legislation would promote "green"
construction by granting an additional real property tax exemption


for property improvements meeting LEED certification standards. This
incentive would further build upon New York's efforts by encouraging
more homeowners and businesses to go "green".

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None to State.

LOCAL FISCAL IMPLICATIONS:
Undetermined, dependent upon utilization.

EFFECTIVE DATE:
This act shall take effect immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5208

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 3, 2011
                               ___________

Introduced  by Sen. NOZZOLIO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Housing, Construction  and
  Community Development

AN  ACT to amend the real property tax law, in relation to a partial tax
  exemption for new residential construction  or  renovation  of  vacant
  residential structures in cities with a certain population

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The real property tax  law  is  amended  by  adding  a  new
section 421-ff to read as follows:
  S  421-FF.  EXEMPTION OF CAPITAL IMPROVEMENTS TO RESIDENTIAL BUILDINGS
IN CITIES WITH A POPULATION BETWEEN TWENTY-EIGHT THOUSAND  FIVE  HUNDRED
AND TWENTY-NINE THOUSAND. 1. RESIDENTIAL BUILDINGS WHICH HAVE BEEN NEWLY
CONSTRUCTED  OR  RENOVATED VACANT STRUCTURES SUBSEQUENT TO THE EFFECTIVE
DATE OF A LOCAL LAW OR RESOLUTION PURSUANT  TO  THIS  SECTION  SHALL  BE
EXEMPT  FROM  TAXATION  AND  SPECIAL  AD  VALOREM  LEVIES  TO THE EXTENT
PROVIDED HEREINAFTER IN CITIES WITH A  POPULATION  BETWEEN  TWENTY-EIGHT
THOUSAND  FIVE  HUNDRED  AND  TWENTY-NINE THOUSAND. FOR PURPOSES OF THIS
SECTION, "CONSTRUCTION" OR "RENOVATION" SHALL NOT INCLUDE ORDINARY MAIN-
TENANCE AND REPAIRS. AFTER A PUBLIC HEARING, THE GOVERNING  BOARD  OF  A
CITY  WITH  SUCH  A  POPULATION  MAY  ADOPT  A  RESOLUTION  TO GRANT THE
EXEMPTION AUTHORIZED PURSUANT TO THIS SECTION. A COPY OF SUCH LOCAL  LAW
OR  RESOLUTION  SHALL BE FILED WITH THE COMMISSIONER AND THE ASSESSOR OF
SUCH CITY WHO PREPARES THE ASSESSMENT ROLL ON WHICH THE  TAXES  OF  SUCH
CITY ARE LEVIED.
  2.  SUCH  BUILDINGS  SHALL  BE EXEMPT FOR A PERIOD OF TWO YEARS TO THE
EXTENT OF ONE HUNDRED PER CENTUM OF THE INCREASE IN ASSESSED VALUE THER-
EOF ATTRIBUTABLE TO SUCH CONSTRUCTION OR RENOVATION  AND  FOR  AN  ADDI-
TIONAL PERIOD OF FOUR YEARS SUBJECT TO THE FOLLOWING:
  (A)  THE  EXTENT  OF  SUCH  EXEMPTION SHALL BE DECREASED BY TWENTY PER
CENTUM  OF  THE  "EXEMPTION  BASE"  EACH  YEAR  DURING  SUCH  ADDITIONAL

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10226-01-1

S. 5208                             2

FOUR-YEAR  PERIOD,  SUCH  THAT  DURING  YEAR  THREE  THERE  SHALL  BE AN
EXEMPTION OF EIGHTY PER CENTUM OF THE INCREASE IN ASSESSED VALUE THEREOF
ATTRIBUTABLE, DURING YEAR FOUR THERE SHALL BE AN EXEMPTION OF SIXTY  PER
CENTUM  OF  THE INCREASE IN ASSESSED VALUE THEREOF ATTRIBUTABLE, IN YEAR
FIVE THERE SHALL BE AN EXEMPTION OF FORTY PER CENTUM OF THE INCREASE  IN
ASSESSED  VALUE  THEREOF  ATTRIBUTABLE AND IN YEAR SIX THERE SHALL BE AN
EXEMPTION OF TWENTY PER CENTUM OF THE INCREASE IN ASSESSED VALUE THEREOF
ATTRIBUTABLE; AND
  (B) THE "EXEMPTION BASE" SHALL BE THE INCREASE IN ASSESSED  VALUE  DUE
TO  IMPROVEMENTS  AS  DETERMINED  BY THE ASSESSOR IN THE INITIAL YEAR OF
SUCH SIX-YEAR PERIOD FOLLOWING THE FILING OF AN ORIGINAL APPLICATION.
  3. SUCH RESIDENTIAL REAL PROPERTY WHICH IS CERTIFIED UNDER  A  CERTIF-
ICATION  STANDARD  APPROVED BY THE CITY WHICH IS DETERMINED TO BE EQUIV-
ALENT TO THE  LEADERSHIP  IN  ENERGY  AND  ENVIRONMENTAL  DESIGN  (LEED)
CERTIFICATION  FOR  THE CATEGORIES OF CERTIFIED/SILVER, GOLD OR PLATINUM
AS MEETING GREEN BUILDING STANDARDS SHALL BE EXEMPT  FOR  THE  FOLLOWING
PERCENTAGES,  PROVIDED  THAT A COPY OF THE CERTIFICATION FOR A QUALIFIED
CATEGORY IS FILLED WITH THE ASSESSOR  OF  SUCH  CITY  AND  THE  ASSESSOR
APPROVES  THE  APPLICATION  FOR  THE  APPLICABLE CATEGORY AS MEETING THE
REQUIREMENTS OF THIS SECTION AND THE LOCAL LAW OF SUCH CITY:
  (A) CERTIFIED/SILVER CERTIFICATION STANDARD. SUCH BUILDINGS  SHALL  BE
EXEMPT  FOR  A  PERIOD  OF  THREE YEARS TO THE EXTENT OF ONE HUNDRED PER
CENTUM OF THE INCREASE IN ASSESSED VALUE THEREOF  ATTRIBUTABLE  TO  SUCH
CONSTRUCTION  OR  RENOVATION AND FOR AN ADDITIONAL PERIOD OF FOUR YEARS.
THE EXTENT OF SUCH EXEMPTION SHALL BE DECREASED BY TWENTY PER CENTUM  OF
THE  "EXEMPTION  BASE" EACH YEAR DURING SUCH ADDITIONAL FOUR-YEAR PERIOD
SUCH THAT DURING YEAR FOUR THERE SHALL BE AN  EXEMPTION  OF  EIGHTY  PER
CENTUM  OF  THE  INCREASE IN ASSESSED VALUE THEREOF ATTRIBUTABLE, DURING
YEAR FIVE THERE SHALL BE  AN  EXEMPTION  OF  SIXTY  PER  CENTUM  OF  THE
INCREASE IN ASSESSED VALUE THEREOF ATTRIBUTABLE, IN YEAR SIX THERE SHALL
BE  AN  EXEMPTION  OF FORTY PER CENTUM OF THE INCREASE IN ASSESSED VALUE
THEREOF ATTRIBUTABLE AND IN YEAR SEVEN THERE SHALL BE  AN  EXEMPTION  OF
TWENTY  PER  CENTUM  OF THE INCREASE IN ASSESSED VALUE THEREOF ATTRIBUT-
ABLE.  THE "EXEMPTION BASE" SHALL BE THE INCREASE IN ASSESSED VALUE  DUE
TO  IMPROVEMENTS  AS  DETERMINED  BY THE ASSESSOR IN THE INITIAL YEAR OF
SUCH SEVEN-YEAR PERIOD FOLLOWING THE FILING OF AN ORIGINAL APPLICATION;
  (B) GOLD STANDARD. SUCH BUILDINGS SHALL BE EXEMPT FOR A PERIOD OF FOUR
YEARS TO THE EXTENT OF  ONE  HUNDRED  PER  CENTUM  OF  THE  INCREASE  IN
ASSESSED  VALUE  THEREOF ATTRIBUTABLE TO SUCH CONSTRUCTION OR RENOVATION
AND FOR AN ADDITIONAL PERIOD OF FOUR YEARS. THE EXTENT OF SUCH EXEMPTION
SHALL BE DECREASED BY TWENTY PER CENTUM OF  THE  "EXEMPTION  BASE"  EACH
YEAR  DURING SUCH ADDITIONAL FOUR-YEAR PERIOD SUCH THAT DURING YEAR FIVE
THERE SHALL BE AN EXEMPTION OF EIGHTY PER  CENTUM  OF  THE  INCREASE  IN
ASSESSED  VALUE  THEREOF ATTRIBUTABLE, DURING YEAR SIX THERE SHALL BE AN
EXEMPTION OF SIXTY PER CENTUM OF THE INCREASE IN ASSESSED VALUE  THEREOF
ATTRIBUTABLE,  IN  YEAR  SEVEN  THERE SHALL BE AN EXEMPTION OF FORTY PER
CENTUM OF THE INCREASE IN ASSESSED VALUE  THEREOF  ATTRIBUTABLE  AND  IN
YEAR  EIGHT  THERE  SHALL  BE  AN  EXEMPTION OF TWENTY PER CENTUM OF THE
INCREASE IN ASSESSED VALUE THEREOF ATTRIBUTABLE.  THE  "EXEMPTION  BASE"
SHALL  BE  THE  INCREASE IN ASSESSED VALUE DUE TO IMPROVEMENTS AS DETER-
MINED BY THE ASSESSOR IN THE INITIAL  YEAR  OF  SUCH  EIGHT-YEAR  PERIOD
FOLLOWING THE FILING OF AN ORIGINAL APPLICATION; OR
  (C)  PLATINUM STANDARD. SUCH BUILDINGS SHALL BE EXEMPT FOR A PERIOD OF
SIX YEARS TO THE EXTENT OF ONE HUNDRED PER CENTUM  OF  THE  INCREASE  IN
ASSESSED  VALUE  THEREOF ATTRIBUTABLE TO SUCH CONSTRUCTION OR RENOVATION
AND FOR AN ADDITIONAL PERIOD OF FOUR YEARS. THE EXTENT OF SUCH EXEMPTION

S. 5208                             3

SHALL BE DECREASED BY TWENTY PER CENTUM OF  THE  "EXEMPTION  BASE"  EACH
YEAR DURING SUCH ADDITIONAL FOUR-YEAR PERIOD SUCH THAT DURING YEAR SEVEN
THERE  SHALL  BE  AN  EXEMPTION  OF EIGHTY PER CENTUM OF THE INCREASE IN
ASSESSED VALUE THEREOF ATTRIBUTABLE, DURING YEAR EIGHT THERE SHALL BE AN
EXEMPTION  OF SIXTY PER CENTUM OF THE INCREASE IN ASSESSED VALUE THEREOF
ATTRIBUTABLE, IN YEAR NINE THERE SHALL BE  AN  EXEMPTION  OF  FORTY  PER
CENTUM  OF  THE  INCREASE  IN ASSESSED VALUE THEREOF ATTRIBUTABLE AND IN
YEAR TEN THERE SHALL BE  AN  EXEMPTION  OF  TWENTY  PER  CENTUM  OF  THE
INCREASE  IN  ASSESSED VALUE THEREOF ATTRIBUTABLE.  THE "EXEMPTION BASE"
SHALL BE THE INCREASE IN ASSESSED VALUE DUE TO  IMPROVEMENTS  AS  DETER-
MINED  BY  THE  ASSESSOR  IN  THE  INITIAL  YEAR OF SUCH TEN-YEAR PERIOD
FOLLOWING THE FILING OF AN ORIGINAL APPLICATION.
  4. EXEMPTIONS GRANTED PURSUANT TO THIS SECTION  SHALL  APPLY  TO  REAL
PROPERTY TAXES IMPOSED FOR CITY PURPOSES.
  5. NO SUCH EXEMPTION SHALL BE GRANTED UNLESS:
  (A)  SUCH  CONSTRUCTION  OR RENOVATION WAS COMMENCED SUBSEQUENT TO THE
EFFECTIVE DATE OF THE LOCAL LAW OR RESOLUTION ADOPTED PURSUANT TO SUBDI-
VISION ONE OF THIS SECTION;
  (B) THE VALUE OF SUCH CONSTRUCTION OR RENOVATION EXCEEDS  THE  SUM  OF
THREE THOUSAND DOLLARS; AND
  (C)  SUCH  CONSTRUCTION  OR  RENOVATION  IS  DOCUMENTED  BY A BUILDING
PERMIT, IF REQUIRED, FOR THE IMPROVEMENTS OR OTHER APPROPRIATE  DOCUMEN-
TATION AS REQUIRED BY THE CITY ASSESSOR.
  6.  SUCH EXEMPTION SHALL BE GRANTED ONLY UPON APPLICATION BY THE OWNER
OF SUCH BUILDING ON A FORM PRESCRIBED BY THE COMMISSIONER. SUCH APPLICA-
TION SHALL BE FILED WITH THE ASSESSOR OF A CITY WITH A POPULATION OF NOT
LESS  THAN  TWENTY-EIGHT  THOUSAND  FIVE  HUNDRED  AND  NOT  MORE   THAN
TWENTY-NINE THOUSAND ON OR BEFORE THE APPROPRIATE TAXABLE STATUS DATE OF
SUCH  CITY  AND  WITHIN  ONE  YEAR  AFTER THE DATE OF COMPLETION OF SUCH
CONSTRUCTION OR RENOVATION.
  7. IF SATISFIED THAT THE APPLICANT IS ENTITLED TO AN EXEMPTION  PURSU-
ANT TO THIS SECTION, THE CITY ASSESSOR SHALL APPROVE THE APPLICATION AND
SUCH  BUILDING  SHALL  THEREAFTER BE EXEMPT FROM TAXATION AND SPECIAL AD
VALOREM LEVIES BY THE CITY AS PROVIDED IN THIS SECTION  COMMENCING  WITH
THE  ASSESSMENT  ROLL  PREPARED  ON THE BASIS OF THE TAXABLE STATUS DATE
REFERRED TO IN SUBDIVISION SIX OF THIS SECTION. THE ASSESSOR SHALL ENTER
THE ASSESSED VALUE OF ANY EXEMPTION GRANTED PURSUANT TO THIS SECTION  ON
THE  ASSESSMENT  ROLL  FOR  THE TAXABLE PROPERTY, WITH THE AMOUNT OF THE
EXEMPTION SHOWN IN A SEPARATE COLUMN. IN ANY  CASE  WHERE  THERE  IS  AN
ADDITIONAL    PARTIAL    EXEMPTION   BASED   ON   A   CERTIFICATION   OF
CERTIFIED/SILVER, GOLD OR PLATINUM LEED  STANDARDS  IN  ACCORDANCE  WITH
APPLICABLE  CERTIFICATION STANDARDS APPROVED BY THE CITY, A COPY OF SUCH
CERTIFICATION SHALL BE FILED IN THE SUBJECT REAL PROPERTY FILE.
  8. IN THE EVENT THAT REAL PROPERTY GRANTED AN  EXEMPTION  PURSUANT  TO
THIS  SECTION  CEASES  TO  BE  USED PRIMARILY FOR ELIGIBLE PURPOSES, THE
EXEMPTION GRANTED PURSUANT TO THIS SECTION SHALL CEASE.
  S 2. This act shall take effect immediately.

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