senate Bill S5208C

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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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:
A9103C
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:S5208C

TITLE OF BILL:

An act
to amend the real property tax law, in relation to a partial tax
exemption for reconstruction, alteration or improvement of
residential structures in cities with a certain population

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-seven thousand five hundred and twenty-eight thousand.

1. Provides that vacant residential buildings which have been newly
renovated 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: (a) construction of
improvements must commence as specified by local law; (b) project
exceeds $7,500; 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--C
    Cal. No. 44

                       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  --  recommitted  to  the Committee on Housing,
  Construction and Community Development in accordance with Senate  Rule
  6,  sec. 8 -- reported favorably from said committee, ordered to first
  and second report, ordered to a third  reading,  amended  and  ordered
  reprinted,  retaining its place in the order of third reading -- again
  amended and ordered reprinted, retaining its place  in  the  order  of
  third  reading  --    passed  by Senate and delivered to the Assembly,
  recalled, vote reconsidered, restored to third  reading,  amended  and
  ordered reprinted, retaining its place in the order of third reading

AN  ACT to amend the real property tax law, in relation to a partial tax
  exemption for reconstruction, alteration or improvement of 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-SEVEN THOUSAND FIVE HUNDRED
AND TWENTY-EIGHT THOUSAND  BASED  UPON  THE  TWO  THOUSAND  TEN  FEDERAL
CENSUS.  1. RESIDENTIAL BUILDINGS WHICH HAVE BEEN RECONSTRUCTED, ALTERED
OR IMPROVED SUBSEQUENT TO THE EFFECTIVE DATE OF A LOCAL LAW 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-SEVEN THOUSAND FIVE HUNDRED AND TWENTY-EIGHT THOUSAND BASED  UPON
THE  TWO  THOUSAND  TEN  FEDERAL  CENSUS.  FOR PURPOSES OF THIS SECTION,
"RECONSTRUCTION", "ALTERATION" OR "IMPROVEMENT" SHALL NOT INCLUDE  ORDI-
NARY  MAINTENANCE  AND  REPAIRS.  AFTER  A PUBLIC HEARING, THE GOVERNING
BOARD OF A CITY WITH SUCH A POPULATION MAY ADOPT A LOCAL  LAW  TO  GRANT
THE  EXEMPTION AUTHORIZED PURSUANT TO THIS SECTION. A COPY OF SUCH LOCAL

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10226-11-2

S. 5208--C                          2

LAW 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 RECONSTRUCTION, ALTERATIONS OR IMPROVEMENTS AND
FOR AN ADDITIONAL 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
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.  THERE  SHALL BE ENHANCED BENEFITS FOR IMPROVEMENT TO REAL PROPERTY
MEETING CERTIFICATION STANDARDS FOR GREEN BUILDINGS.   SUCH  RESIDENTIAL
REAL  PROPERTY  THAT HAS BEEN RECONSTRUCTED, ALTERED OR IMPROVED THAT IS
CERTIFIED UNDER A CERTIFICATION STANDARD APPROVED BY THE CITY  WHICH  IS
DETERMINED  TO  BE  EQUIVALENT  TO THE LEADERSHIP IN ENERGY AND ENVIRON-
MENTAL   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 FILED 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
RECONSTRUCTION, ALTERATION OR IMPROVEMENT AND FOR AN  ADDITIONAL  PERIOD
OF FOUR YEARS.  THE EXTENT OF SUCH EXEMPTION SHALL BE DECREASED BY TWEN-
TY  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 ATTRIBUT-
ABLE,  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
ATTRIBUTABLE.    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 RECONSTRUCTION, ALTERATION
OR IMPROVEMENT 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

S. 5208--C                          3

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
DETERMINED 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 RECONSTRUCTION, ALTERATION
OR IMPROVEMENT 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 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  RECONSTRUCTION,  ALTERATION  OR  IMPROVEMENT  WAS COMMENCED
SUBSEQUENT TO THE EFFECTIVE DATE OF THE LOCAL LAW OR RESOLUTION  ADOPTED
PURSUANT TO SUBDIVISION ONE OF THIS SECTION;
  (B)  THE  VALUE  OF  SUCH  RECONSTRUCTION,  ALTERATION  OR IMPROVEMENT
EXCEEDS THE SUM OF SEVENTY-FIVE HUNDRED DOLLARS; AND
  (C) SUCH RECONSTRUCTION, ALTERATION OR IMPROVEMENT IS DOCUMENTED BY  A
BUILDING  PERMIT, IF REQUIRED, FOR THE IMPROVEMENTS OR OTHER APPROPRIATE
DOCUMENTATION 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-SEVEN  THOUSAND  FIVE  HUNDRED  AND  NOT  MORE  THAN
TWENTY-EIGHT THOUSAND ON OR BEFORE THE APPROPRIATE TAXABLE  STATUS  DATE
OF  SUCH  CITY  AND WITHIN ONE YEAR AFTER THE DATE OF COMPLETION OF SUCH
RECONSTRUCTION, ALTERATION OR IMPROVEMENT.
  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
ENHANCED EXEMPTION BENEFIT BASED ON A CERTIFICATION OF CERTIFIED/SILVER,
GOLD  OR  PLATINUM  LEED STANDARDS IN ACCORDANCE WITH APPLICABLE CERTIF-
ICATION STANDARDS APPROVED BY THE CITY, A  COPY  OF  SUCH  CERTIFICATION
SHALL BE FILED IN THE SUBJECT REAL PROPERTY FILE.

S. 5208--C                          4

  8.  IN  THE  EVENT THAT REAL PROPERTY GRANTED AN EXEMPTION PURSUANT TO
THIS SECTION CEASES TO BE USED PRIMARILY FOR RESIDENTIAL  PURPOSES,  THE
EXEMPTION GRANTED PURSUANT TO THIS SECTION SHALL CEASE.
  S 2. This act shall take effect immediately.

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