senate Bill S172

Requires notice to the local housing agency when construction is halted on a project for which an application for a certain tax exemption has been made

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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

  • 09 / Jan / 2013
    • REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT
  • 08 / Jan / 2014
    • REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT

Summary

Requires notification to be given to the New York City Department of Housing Preservation in the event that construction on a project for which an application for a certain tax exemption has been made ceases for a period exceeding one hundred twenty days.

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Bill Details

See Assembly Version of this Bill:
A2186
Versions:
S172
Legislative Cycle:
2013-2014
Current Committee:
Senate Housing, Construction And Community Development
Law Section:
Real Property Tax Law
Laws Affected:
Amd ยง421-a, RPT L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S41, A4087
2009-2010: S5281A, A8125A

Sponsor Memo

BILL NUMBER:S172

TITLE OF BILL:
An act
to amend the real property tax law, in relation to requiring
notification to be given to the
local housing agency
in the event that cessation of
construction on a project for which an
application for a certain tax exemption has been made equals or exceeds
one hundred twenty days

PURPOSE:
To require applicants under the 421-a tax abatement program to provide
written notice to the local housing agency when construction ceases
for a period exceeding one hundred twenty days.

SUMMARY OF PROVISIONS:
Adds a new subdivision 5-a to Section 421-a of the real property tax law
requiring applicants to affirmatively notify the local housing agency
in writing when construction ceases for a period exceeding one
hundred twenty days, the reasons for the cessation and the date
construction is expected to resume.

EXISTING LAW:
Section 421-a real property tax law.

JUSTIFICATION:
When affordable housing building projects are halted, communities
should know about this loss of housing, Projects that cease
construction without explanation leave neighbors questioning whether
the excavation in their midst will ever conclude and provide the
needed housing and improvements that were promised when the project
was approved, Requiring the developer to provide notice when
construction ceases and when it will resume will help assuage these
concerns and provide some level of assurance that the project will be
completed in a reasonable period of time.

LEGISLATIVE HISTORY:
2010: S.5281A (Squadron) - Third Reading Cal. 841, A.8125A (Kavanagh)
- Passed Assembly
2009: S.5281A (Squadron) - Third Reading Cal. 516,
A.8125A (Kavanagh) - Passed Assembly
2012: Referred to Housing, Construction and Community Development

FISCAL IMPLICATIONS:
None to New York State.

LOCAL FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately.


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

                                   172

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sen. SQUADRON -- 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 requiring
  notification to be given to the local housing agency in the event that
  cessation of construction on a project for which an application for  a
  certain  tax  exemption  has  been  made equals or exceeds one hundred
  twenty days

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

  Section  1.  Section  421-a of the real property tax law is amended by
adding a new subdivision 5-a to read as follows:
  5-A. IN THE EVENT THAT CONSTRUCTION ON A PROJECT FOR WHICH AN APPLICA-
TION FOR TAX EXEMPTION UNDER THIS SECTION HAS BEEN  MADE  CEASES  FOR  A
PERIOD  EXCEEDING  ONE  HUNDRED  TWENTY  DAYS, THE APPLICANT FOR THE TAX
EXEMPTION SHALL PROVIDE WRITTEN NOTICE TO THE LOCAL  HOUSING  AGENCY  OF
THE  CESSATION,  THE  REASONS  FOR  THE CESSATION AND THE PROJECTED DATE
CONSTRUCTION ON THE PROJECT IS TO RESUME. SUCH  NOTICE  SHALL  BE  GIVEN
PRIOR TO THE EXPIRATION OF THE ONE HUNDRED TWENTY DAY PERIOD.
  S 2. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00851-01-3

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