senate Bill S2128

Enacts the New York City Hurricane Sandy assessment relief act

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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

  • 11 / Jan / 2013
    • REFERRED TO CITIES
  • 08 / Jan / 2014
    • REFERRED TO CITIES

Summary

Enacts the New York City Hurricane Sandy assessment relief act to provide assessment relief for flood victims; provides cities with a population of one million or more with a local option to approve the use of provisions of the assessment relief act.

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Bill Details

See Assembly Version of this Bill:
A39
Versions:
S2128
Legislative Cycle:
2013-2014
Current Committee:
Senate Cities
Law Section:
New York City

Sponsor Memo

BILL NUMBER:S2128

TITLE OF BILL:
An act
enacting the New York City Hurricane Sandy assessment relief act

PURPOSE OR GENERAL IDEA OF BILL: To provide real
property tax relief
to New York City property owners whose properties were
catastrophically impacted by Hurricane Sandy.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 contains the title: "New York City Hurricane Sandy
Assessment Relief Act."

Section 2 defines the terms used in the act.

Section 3 provides that a city with a population of one million may
adopt the provisions of this act by passing a resolution by the
forty-fifth day following the date upon which this act is approved by
the Governor.

Section 4 provides that properties that were catastrophically impacted
by Hurricane Sandy, having lost fifty percent or more of their
assessed value, shall be granted assessment relief as follows:

* If the property lost at least fifty but less than sixty percent of
its value, the taxable assessed value of the property shall be
reduced by fifty-five percent for the impacted assessment roll.

* If the property lost at least sixty but less than seventy percent of
its value, the taxable assessed value of the property shall be
reduced by sixty-five percent for the impacted assessment roll.

* If the property lost at least seventy but less than eighty percent of
its value, the taxable assessed value of the property shall be
reduced by seventy-five percent for the impacted assessment roll.

* If the property lost at least eighty but less than ninety percent of
its value, the taxable assessed value of the property shall be
reduced by eighty-five percent for the impacted assessment roll.

* If the property lost at least ninety but less than one hundred
percent of its value, the taxable assessed value of the property
shall be reduced by ninety-five percent for the impacted assessment
roll.

* If the property lost all of its value, the taxable assessed value of
the property shall be reduced to zero for the impacted assessment roll.
The percentage loss in value due to Hurricane Sandy would be

determined by the New York City Department of Finance, which would be
subject to review by the New York City Tax Commission if so requested
by the taxpayer.

To receive relief pursuant to this act, the property owner must submit
a written request 10 the New York City Department of Finance within
90 days following the date upon which this act is approved by the
Governor.

Section 5 of this act would provide that the New York City School be
held harmless by the State for any reduction in State Aid that would
have been paid as at tax savings pursuant to ยง 1306-a of the Real
property Tax Law.

Section 6 provides that the act would take effect immediately and be
deemed to have been in full force and effect on or after October 26,
2012.

JUSTIFICATION:
Hurricane Sandy caused catastrophic damaged to
properties in New York City. This legislation provides relief in the
form of a property tax reduction for those New York City taxpayers
whose property was substantially damaged by the storms.

PRIOR LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: None to State

EFFECTIVE DATE: Immediately, and shall be deemed to
have been in full
force and effect on and October 26, 2012.

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

                                  2128

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 11, 2013
                               ___________

Introduced  by  Sens.  SQUADRON, ADDABBO, AVELLA, GIANARIS -- read twice
  and ordered printed, and when printed to be committed to the Committee
  on Cities

AN ACT enacting the New York City Hurricane Sandy assessment relief act

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

  Section  1.  Short  title. This act shall be known and may be cited as
the "New York City Hurricane Sandy Assessment Relief Act".
  S 2. Definitions. For the purposes of this act,  the  following  terms
shall have the following meanings:
  1. "Catastrophically impacted property" shall mean a property which is
located  in  a  city with a population of one million or more, and which
lost fifty percent or more of its value as a result of Hurricane Sandy.
  2. "Impacted assessment roll" shall mean the assessment roll that  was
finalized in the calendar year 2012.
  3.  "Hurricane  Sandy"  shall  mean the storms, rains, or floods which
occurred within a city with a population of one million or  more  during
the period beginning on October 29, 2012 and ending November 3, 2012.
  S 3. Local option. A city with a population of one million or more may
exercise  the provisions of this act if its governing body shall, by the
forty-fifth day following the date upon which this act  is  approved  by
the governor, pass a resolution adopting the provisions of this act.
  S  4.  Assessment  relief  for  flood  victims. 1. Notwithstanding any
provision of law to the contrary, where  property  was  catastrophically
impacted  by  Hurricane  Sandy,  provided  such  city  has  adopted  the
provisions of this act, assessment relief shall be granted as follows:
  (a) If the property lost at least fifty but less than sixty percent of
its value due to Hurricane Sandy, the  taxable  assessed  value  of  the
property shall be reduced by fifty-five percent for the impacted assess-
ment roll.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04676-01-3

S. 2128                             2

  (b)  If the property lost at least sixty but less than seventy percent
of its value due to Hurricane Sandy, the taxable assessed value  of  the
property shall be reduced by sixty-five percent for the impacted assess-
ment roll.
  (c) If the property lost at least seventy but less than eighty percent
of  its  value due to Hurricane Sandy, the taxable assessed value of the
property shall be reduced  by  seventy-five  percent  for  the  impacted
assessment roll.
  (d)  If the property lost at least eighty but less than ninety percent
of its value due to Hurricane Sandy, the taxable assessed value  of  the
property  shall  be  reduced  by  eighty-five  percent  for the impacted
assessment roll.
  (e) If the property lost at least ninety but  less  than  one  hundred
percent  of its value due to Hurricane Sandy, the taxable assessed value
of the property shall be reduced by ninety-five percent for the impacted
assessment roll.
  (f) If the property lost all of its value due to Hurricane Sandy,  the
taxable  assessed value of the property shall be reduced to zero for the
impacted assessment roll.
  (g) The percentage loss in value for the purpose of this act shall  be
determined  by  the  New  York  city department of finance in the manner
provided by this act, subject to review by the New York city tax commis-
sion.
  (h) No reduction in taxable assessed value shall be  granted  pursuant
to this act except as specified above.
  2.  To  receive  such  relief pursuant to this act, the property owner
shall submit a written request  to  the  New  York  city  department  of
finance  within  ninety  days  following the date upon which this act is
approved by the governor. Such request  need  not  be  in  a  particular
format  but shall describe in reasonable detail the damage caused to the
property by Hurricane Sandy and the condition of the property  following
the  hurricane,  and shall be accompanied by supporting documentation if
available.
  3. Upon receiving such a request, the  New  York  city  department  of
finance  shall  make  a finding as to whether the property lost at least
half of its value as a result of Hurricane Sandy, and if so, shall clas-
sify the percentage loss of value within one of the following ranges:
  (a) at least fifty percent but less than sixty percent,
  (b) at least sixty percent but less than seventy percent,
  (c) at least seventy percent but less than eighty percent,
  (d) at least eighty percent but less than ninety percent,
  (e) at least ninety percent but less than one hundred percent, or
  (f) one hundred percent.
  4. The New York city  department  of  finance  shall  provide  written
notice  of  such  finding  to the property owner. The property owner may
appeal the New York city department of finance's finding to the New York
city tax commission. Upon receipt of such appeal, the New York city  tax
commission  shall reconvene upon ten days written notice to the property
owner and the New York city department of finance to hear the appeal and
determine the matter, and shall provide written notice of  its  determi-
nation  to  the  New York city department of finance and property owner.
The provisions of article 5 of the real property tax  law  shall  govern
the review process to the extent practicable.
  5.  Where  property  has  been  determined to have lost at least fifty
percent of its value due to Hurricane Sandy, the taxable assessed  value
of  the property on the impacted assessment roll shall be reduced by the

S. 2128                             3

appropriate percentage specified in subdivision  one  of  this  section,
provided  that  any exemptions which the property may be receiving shall
be adjusted as necessary to account for such reduction  in  the  taxable
assessed value. To the extent the taxable assessed value of the property
originally  appearing on such roll exceeds the amount to which it should
be reduced pursuant to this act, the excess shall be considered a  cler-
ical  error.  The error shall be corrected, and a refund or credit shall
be provided in a manner consistent with section 11-206 of  the  adminis-
trative code of the city of New York.
  6.  The  rights contained in this act shall not otherwise diminish any
other legally available right of any property owner  or  party  who  may
otherwise  lawfully  challenge  the  valuation or assessment of any real
property or improvements thereon. All remaining rights hereby remain and
shall be available to the party to whom such rights would  otherwise  be
available notwithstanding this act.
  S  5.  School  district held harmless. The city school district of the
city of New York shall be held harmless by the state for  any  reduction
in  state  aid  that  would  have  been  paid as tax savings pursuant to
section 1306-a of  the  real  property  tax  law  incurred  due  to  the
provisions of this act.
  S  6.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after October 26, 2012.

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