senate Bill S3702

Signed by Governor Amended

Provides for process for rebate of real property taxes on certain real property seriously damaged by the severe storm of October 29 & 30, 2012 in cities of one million or more

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Bill Status


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

  • 11 / Feb / 2013
    • REFERRED TO CITIES
  • 12 / Mar / 2013
    • 1ST REPORT CAL.198
  • 13 / Mar / 2013
    • 2ND REPORT CAL.
  • 14 / Mar / 2013
    • ADVANCED TO THIRD READING
  • 29 / May / 2013
    • AMENDED ON THIRD READING (T) 3702A
  • 13 / Jun / 2013
    • AMENDED ON THIRD READING 3702B
  • 17 / Jun / 2013
    • PASSED SENATE
  • 17 / Jun / 2013
    • DELIVERED TO ASSEMBLY
  • 17 / Jun / 2013
    • REFERRED TO REAL PROPERTY TAXATION
  • 20 / Jun / 2013
    • SUBSTITUTED FOR A7995
  • 20 / Jun / 2013
    • ORDERED TO THIRD READING RULES CAL.572
  • 20 / Jun / 2013
    • PASSED ASSEMBLY
  • 20 / Jun / 2013
    • RETURNED TO SENATE
  • 19 / Jul / 2013
    • DELIVERED TO GOVERNOR
  • 31 / Jul / 2013
    • SIGNED CHAP.250

Summary

Provides for process for rebate of real property taxes on residential real property seriously damaged by severe storm of October 29 & 30, 2012 in cities of one million or more.

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Bill Details

Versions:
S3702
S3702A
S3702B
Legislative Cycle:
2013-2014
Law Section:
Real Property Tax Law
Laws Affected:
Add ยง467-g, RPT L

Votes

6
0
6
Aye
0
Nay
0
aye with reservations
0
absent
0
excused
0
abstained
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Sponsor Memo

BILL NUMBER:S3702

TITLE OF BILL: An act to amend the real property tax law, in relation
to a rebate of real property taxes on residential real property serious-
ly damaged by the severe storm that occurred on the twenty-ninth and
thirtieth of October, two thousand twelve in a city having a population
of one million or more

SUMMARY OF PROVISIONS:

Section one of this bill adds a new section 467-g to the Real Property
Tax Law to authorize cities with a population of one million or more to
grant a rebate of real property taxes for any tax lot in such city that,
as of the taxable status date for assessment of real property in such
city for fiscal year 2013, covering the period between July 1, 2012 and
June 30, 2013, contained property classified as class one or class two
real property, on which there is a building that the Department of
Buildings of such city, after inspection, has, during the period between
November 1, 2012 and November 30, 2012, determined either (a) that a
building on the tax lot was seriously damaged and is unsafe to enter or
occupy or was completely demolished as a result of the effects of Hurri-
cane Sandy and such determination has been indicated by a notation on
Department of Buildings records and/or by the posting of a red placard
warning on the building; or (b) that a building on the tax lot requires
repairs or has a restricted area, and such determination has been indi-
cated on Department of Buildings records and/or by the posting of a
yellow sticker on the building, and, during the period beginning Decem-
ber 1, 2012 and ending December 28, 2012, the Department of Buildings
determined the building to be seriously damaged and unsafe to enter or
occupy or completely demolished as a result of the effects of Hurricane
Sandy, and such determination has been indicated by a notation on DOB
records and/or by the posting of a red placard warning on the building.

The bill provides that the rebate be paid to the owner who owned the
building on October 30, 2012 and on the date of the mailing of the
rebate. The amount of the rebate is equal to two-thirds of that portion
of the annual tax on an eligible real property that is attributable to
the assessed valuation of the improvements on the property. With respect
to eligible cooperative property, each unit owner is entitled to that
portion of the rebate calculated for the entire property that is attrib-
utable to the unit, as determined by the proportion of the shares of
stock representing the unit to the total outstanding stock of the coop-
erative corporation. With respect to real property described in para-
graph (c) of subdivision 1 of section 1802 of the Real Property Tax Law,
that is, residential real property consisting of one-family owner-occu-
pied houses situated on land held in cooperative ownership by owner
occupiers that constituted bungalow colonies in existence prior to 1940,
the amount of the rebate is calculated to reflect cases in which only
some of the houses located in the cooperative development meet the
bill's definition of eligible real property. For such property, the
amount of the rebate is equal to two-thirds of that portion of the annu-

al tax on the entire cooperative development of which the owner's build-
ing is a part, that is attributable to the assessed valuation of the
improvements on the cooperative development, multiplied by a fraction,
the numerator of which is equal to the number of buildings in the coop-
erative development that were designated by the Department of Buildings
as described above, and the denominator of which is the total number of
buildings that were located in the cooperative development as of October
28, 2012, the day immediately prior to the onset of Hurricane Sandy,
divided by the number of buildings in the cooperative development that
were designated by the Department of Buildings as described above.

No rebate is made available for a property with no annual tax, or for a
property with real property tax arrears in excess of $25.00 for fiscal
year 2013 or any prior year. However, the bill provides that if the
Commissioner of Finance denies a rebate because of tax arrears, the
owner will be so notified and given the opportunity to become eligible
for the rebate by paying the arrears in full within six months. Annual
tax is defined in the bill as the amount of tax that is actually imposed
on eligible real property, and does not include any amount from which an
eligible real property is exempt, or which is abated, pursuant to appli-
cable law. This bill also makes provisions for the mailing of the rebate
to an appropriate forwarding address; and for the collection of errone-
ous payments.

Section two provides for the bill to take effect immediately.

REASONS FOR SUPPORT: This legislation would provide real property tax
relief to New York City residents whose homes were severely damaged by
Hurricane Sandy. Under current law, the taxable status of real property
in New York City was fixed for the 2013 fiscal year on January 5, 2012,
the taxable status date for real property, and real property taxes
billed for fiscal year 2013 must be based on the condition of the real
property on that date. Beginning on October 29, 2012, and continuing
thereafter, Hurricane Sandy caused a severe storm surge in areas of New
York City that resulted in damage to a number of buildings. The Depart-
ment of Buildings (DOB) has inspected the structural stability of build-
ings affected by the hurricane and tagged with a red placard and/or
indicated on its records, those buildings that it determined to be seri-
ously damaged and unsafe to enter or occupy or completely demolished as
a result of the effects of the hurricane.

Current law does not provide a mechanism for reducing the assessed valu-
ation of real property and the tax based thereon for fiscal year 2013 to
reflect the serious damage and resulting decrease in value that was
inflicted on real property by Hurricane Sandy. In order to assist owners
and tenant-stockholders of class one and class two properties on which
there is a building that the Department of Buildings determined to be
seriously damaged and unsafe to enter or occupy or completely demolished
as a result of the effects of Hurricane Sandy, this bill authorizes a
city with a population of one million or more to enact a local law to
grant a rebate of real property taxes to owners and tenant-stockholders
of eligible properties and dwelling units in eligible properties. The

amount of the rebate reflects the reduction in value of the improvements
on eligible property for a period of eight months (two-thirds of a year)
from the date of Hurricane Sandy to the end of fiscal year 2013. These
rebates would provide much needed relief to some of our most devastated
residents.

Accordingly, the Mayor urges the earliest possible favorable consider-
ation of this proposal by the Legislature.

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

                                  3702

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 11, 2013
                               ___________

Introduced by Sens. LANZA, GOLDEN, HASSELL-THOMPSON, SMITH -- read twice
  and ordered printed, and when printed to be committed to the Committee
  on Cities

AN  ACT  to  amend the real property tax law, in relation to a rebate of
  real property taxes on residential real property seriously damaged  by
  the  severe  storm  that occurred on the twenty-ninth and thirtieth of
  October, two thousand twelve in a city  having  a  population  of  one
  million or more

  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 467-g to read as follows:
  S  467-G. REBATE FOR OWNERS OF CERTAIN RESIDENTIAL REAL PROPERTY SERI-
OUSLY DAMAGED BY THE SEVERE STORM THAT OCCURRED ON THE TWENTY-NINTH  AND
THIRTIETH  OF OCTOBER, TWO THOUSAND TWELVE IN A CITY HAVING A POPULATION
OF ONE MILLION OR MORE. 1. GENERALLY.  NOTWITHSTANDING ANY PROVISION  OF
ANY  GENERAL,  SPECIAL  OR  LOCAL LAW TO THE CONTRARY, ANY CITY HAVING A
POPULATION OF ONE MILLION OR MORE IS HEREBY AUTHORIZED AND EMPOWERED  TO
ADOPT  AND  AMEND  LOCAL LAWS IN ACCORDANCE WITH THIS SECTION TO GRANT A
REBATE OF REAL PROPERTY TAXES FOR THE FISCAL YEAR BEGINNING ON THE FIRST
OF JULY, TWO THOUSAND TWELVE, IN THE AMOUNT PROVIDED  IN  THIS  SECTION.
SUCH REBATE SHALL BE PAID BY THE COMMISSIONER OF FINANCE TO AN OWNER WHO
OWNED  ELIGIBLE  REAL  PROPERTY  AS DEFINED IN SUBDIVISION THREE OF THIS
SECTION OR A DWELLING UNIT IN SUCH ELIGIBLE REAL PROPERTY  BOTH  ON  THE
THIRTIETH OF OCTOBER, TWO THOUSAND TWELVE AND ON THE DATE OF THE MAILING
OF  SUCH  REBATE. IF LEGAL TITLE TO ELIGIBLE REAL PROPERTY, OR OWNERSHIP
OF SHARES OF STOCK REPRESENTING A DWELLING UNIT, IS HELD BY ONE OR  MORE
TRUSTEES,  THE  BENEFICIAL  OWNER  OR  OWNERS SHALL BE DEEMED TO OWN THE
PROPERTY OR DWELLING UNIT FOR PURPOSES OF THIS SECTION.  NOTWITHSTANDING
ANY  PROVISION  OF THIS ARTICLE TO THE CONTRARY, AN OWNER WHOSE PROPERTY
IS RECEIVING BENEFITS PURSUANT   TO ANY OTHER SECTION  OF  THIS  ARTICLE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08779-01-3

S. 3702                             2

SHALL NOT BE PROHIBITED FROM RECEIVING A REBATE PURSUANT TO THIS SECTION
IF SUCH OWNER IS OTHERWISE ELIGIBLE TO RECEIVE SUCH REBATE.
  2. DEFINITIONS. AS USED IN THIS SECTION:
  A.  "ANNUAL TAX" MEANS THE AMOUNT OF REAL PROPERTY TAX THAT IS IMPOSED
ON A PROPERTY FOR THE FISCAL YEAR BEGINNING THE FIRST OF JULY, TWO THOU-
SAND TWELVE, DETERMINED AFTER REDUCTION FOR ANY AMOUNT  FROM  WHICH  THE
PROPERTY IS EXEMPT, OR WHICH IS ABATED, PURSUANT TO APPLICABLE LAW.
  B.  "ARREARS" MEANS REAL PROPERTY TAXES THAT REMAINED UNPAID FOLLOWING
THE LAST DATE ALLOWED FOR PAYMENT OF SUCH TAXES WITHOUT  INTEREST  UNDER
APPLICABLE  LAW,  AND  ANY  UNPAID  INTEREST ACCRUED THEREON PURSUANT TO
APPLICABLE LAW, FOR THE FISCAL YEAR  BEGINNING THE FIRST  OF  JULY,  TWO
THOUSAND TWELVE AND ALL PRIOR FISCAL YEARS.
  C.  "ASSESSED VALUATION" MEANS THE ASSESSED VALUATION OF REAL PROPERTY
THAT WAS USED TO DETERMINE THE ANNUAL TAX AS DEFINED IN PARAGRAPH  A  OF
THIS  SUBDIVISION,  AND  WHICH IS NOT REDUCED BY ANY EXEMPTION FROM REAL
PROPERTY TAXES. FOR REAL PROPERTY CLASSIFIED AS CLASS TWO REAL  PROPERTY
AS  DEFINED  IN  SUBDIVISION ONE OF SECTION EIGHTEEN HUNDRED TWO OF THIS
CHAPTER TO WHICH SUBDIVISION THREE OF SECTION EIGHTEEN HUNDRED  FIVE  OF
THIS  CHAPTER  APPLIES,  THE  ASSESSED  EVALUATION  IS  THE LOWER OF THE
ASSESSED VALUATION AND TRANSITIONAL ASSESSED VALUATION  AS  PROVIDED  IN
SUBDIVISION  THREE OF SECTION EIGHTEEN HUNDRED FIVE OF THIS CHAPTER, AND
WHICH IS NOT REDUCED BY ANY EXEMPTION FROM REAL PROPERTY TAXES.
  D.  "COMMISSIONER OF FINANCE" MEANS THE COMMISSIONER OF FINANCE  OF  A
CITY HAVING A POPULATION OF ONE MILLION OR MORE, OR HIS OR HER DESIGNEE.
  E.   "COOPERATIVE  DEVELOPMENT"  MEANS,  WITH  RESPECT  TO  PROPERTIES
DESCRIBED IN PARAGRAPH  (C)  OF  SUBDIVISION  ONE  OF  SECTION  EIGHTEEN
HUNDRED  TWO  OF THIS CHAPTER, ALL OF THE PROPERTIES, INCLUDING THE LAND
AND IMPROVEMENTS THEREON, AS TO WHICH THE LAND IS HELD BY A SINGLE COOP-
ERATIVE CORPORATION.
  F. "DEPARTMENT OF BUILDINGS" MEANS THE DEPARTMENT OF  BUILDINGS  OF  A
CITY HAVING A POPULATION OF ONE MILLION OR MORE.
  G.  "DEPARTMENT  OF FINANCE" MEANS THE DEPARTMENT OF FINANCE OF A CITY
HAVING A POPULATION OF ONE MILLION OR MORE.
  H. "OWNER" MEANS THE OWNER OF REAL PROPERTY, OR  A  TENANT-STOCKHOLDER
OF  A DWELLING UNIT IN RESIDENTIAL REAL PROPERTY HELD IN THE COOPERATIVE
FORM OF OWNERSHIP.
  3. ELIGIBLE REAL PROPERTY. A. FOR PURPOSES OF THIS SECTION,  "ELIGIBLE
REAL PROPERTY" MEANS ANY TAX LOT THAT CONTAINED, ON THE APPLICABLE TAXA-
BLE STATUS DATE, CLASS ONE OR CLASS TWO REAL PROPERTY AS SUCH CLASSES OF
REAL PROPERTY ARE DEFINED IN SUBDIVISION ONE OF SECTION EIGHTEEN HUNDRED
TWO  OF  THIS  CHAPTER, ON WHICH ANY BUILDING HAS BEEN DESIGNATED BY THE
DEPARTMENT OF BUILDINGS IN ACCORDANCE WITH PARAGRAPH B OF THIS  SUBDIVI-
SION.
  B. FOR PURPOSES OF THIS SECTION, A BUILDING HAS BEEN DESIGNATED BY THE
DEPARTMENT OF BUILDINGS IF:
  (1)  DURING  THE  PERIOD BEGINNING THE FIRST OF NOVEMBER, TWO THOUSAND
TWELVE AND ENDING THE THIRTIETH OF NOVEMBER, TWO THOUSAND TWELVE,  AFTER
INSPECTION BY THE DEPARTMENT OF BUILDINGS, SUCH BUILDING HAS BEEN DETER-
MINED TO BE SERIOUSLY DAMAGED AND UNSAFE TO ENTER OR OCCUPY OR COMPLETE-
LY  DEMOLISHED AS A RESULT OF DAMAGE CAUSED BY THE EFFECTS OF THE SEVERE
STORM THAT OCCURRED ON THE TWENTY-NINTH AND THIRTIETH  OF  OCTOBER,  TWO
THOUSAND TWELVE, AND SUCH DETERMINATION HAS BEEN INDICATED BY A NOTATION
ON  SUCH  DEPARTMENT'S  RECORDS  AND/OR  BY THE POSTING OF A RED PLACARD
WARNING ON THE BUILDING; OR
  (2) DURING THE PERIOD BEGINNING THE FIRST OF  NOVEMBER,  TWO  THOUSAND
TWELVE  AND ENDING THE THIRTIETH OF NOVEMBER, TWO THOUSAND TWELVE, AFTER

S. 3702                             3

INSPECTION BY THE DEPARTMENT OF BUILDINGS, SUCH BUILDING HAS BEEN DETER-
MINED TO REQUIRE REPAIRS OR TO HAVE A RESTRICTED AREA AND SUCH  DETERMI-
NATION  HAS  BEEN  INDICATED  BY A NOTATION ON SUCH DEPARTMENT'S RECORDS
AND/OR  BY  THE  POSTING OF A YELLOW STICKER ON THE BUILDING, AND DURING
THE PERIOD BEGINNING THE FIRST OF  DECEMBER,  TWO  THOUSAND  TWELVE  AND
ENDING  THE  TWENTY-EIGHTH  OF  DECEMBER,  TWO  THOUSAND  TWELVE,  AFTER
INSPECTION BY THE DEPARTMENT OF BUILDINGS, HAS  BEEN  DETERMINED  TO  BE
SERIOUSLY DAMAGED AND UNSAFE TO ENTER OR OCCUPY OR COMPLETELY DEMOLISHED
AS  A  RESULT  OF  DAMAGE CAUSED BY THE EFFECTS OF THE SEVERE STORM THAT
OCCURRED ON THE TWENTY-NINTH AND  THIRTIETH  OF  OCTOBER,  TWO  THOUSAND
TWELVE,  AND SUCH DETERMINATION HAS BEEN INDICATED BY A NOTATION ON SUCH
DEPARTMENT'S RECORDS AND/OR BY THE POSTING OF A RED PLACARD  WARNING  ON
THE BUILDING.
  4.  AMOUNT  OF  REBATE.  A. THE AMOUNT OF THE REBATE TO BE PAID BY THE
COMMISSIONER OF FINANCE FOR ELIGIBLE REAL PROPERTY PURSUANT TO  SUBDIVI-
SION ONE OF THIS SECTION SHALL BE EQUAL TO TWO-THIRDS OF THE ANNUAL TAX,
MULTIPLIED  BY  A  FRACTION,  THE  NUMERATOR  OF  WHICH IS EQUAL TO THAT
PORTION OF THE ASSESSED VALUATION OF THE ELIGIBLE REAL PROPERTY THAT  IS
ATTRIBUTABLE TO THE IMPROVEMENTS ON THE PROPERTY, AND THE DENOMINATOR OF
WHICH  IS  EQUAL  TO  THE  TOTAL ASSESSED VALUATION OF THE ELIGIBLE REAL
PROPERTY.
  B. EXCEPT AS PROVIDED IN SUBDIVISION FIVE OF THIS SECTION,  FOR  RESI-
DENTIAL  PROPERTY  HELD IN THE COOPERATIVE FORM OF OWNERSHIP, THE AMOUNT
OF THE REBATE TO BE PAID TO THE OWNER OF A DWELLING UNIT  THEREIN  SHALL
BE  EQUAL  TO THAT PROPORTION OF THE AMOUNT CALCULATED UNDER PARAGRAPH A
OF THIS SUBDIVISION THAT IS  ATTRIBUTABLE  TO  SUCH  DWELLING  UNIT,  AS
DETERMINED  BY  THE  PROPORTIONAL  RELATIONSHIP  OF THE OWNER'S SHARE OR
SHARES OF STOCK IN THE COOPERATIVE APARTMENT CORPORATION THAT OWNS  SUCH
REAL  PROPERTY  TO THE TOTAL OUTSTANDING STOCK OF THE COOPERATIVE APART-
MENT CORPORATION.
  C. ELIGIBLE REAL PROPERTY WITH NO ANNUAL TAX SHALL NOT BE ELIGIBLE FOR
A REBATE UNDER THIS SECTION.
  5. CALCULATION OF REBATE FOR CERTAIN CLASS ONE REAL PROPERTY  CONSIST-
ING  OF ONE FAMILY HOUSE STRUCTURES SITUATED ON LAND HELD IN COOPERATIVE
OWNERSHIP. A. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION FOUR OF THIS
SECTION, THE AMOUNT OF THE REBATE TO BE  PAID  BY  THE  COMMISSIONER  OF
FINANCE TO THE OWNER OF A BUILDING THAT WAS DESIGNATED BY THE DEPARTMENT
OF BUILDINGS IN ACCORDANCE WITH PARAGRAPH B OF SUBDIVISION THREE OF THIS
SECTION,  THAT IS LOCATED ON ELIGIBLE REAL PROPERTY THAT IS DESCRIBED IN
PARAGRAPH (C) OF SUBDIVISION ONE OF SECTION EIGHTEEN HUNDRED TWO OF THIS
CHAPTER, SHALL BE EQUAL TO TWO-THIRDS OF THE ANNUAL TAX ON THE  PROPERTY
OF THE COOPERATIVE DEVELOPMENT, (1) MULTIPLIED BY A FRACTION, THE NUMER-
ATOR  OF WHICH IS EQUAL TO THAT PORTION OF THE ASSESSED VALUATION OF THE
ELIGIBLE REAL PROPERTY IN THE COOPERATIVE DEVELOPMENT THAT IS  ATTRIBUT-
ABLE  TO  THE IMPROVEMENTS ON THE PROPERTY, AND THE DENOMINATOR OF WHICH
IS EQUAL TO THE TOTAL ASSESSED VALUATION OF THE ELIGIBLE  REAL  PROPERTY
IN THE COOPERATIVE DEVELOPMENT, AND (2) MULTIPLIED BY A SECOND FRACTION,
THE  NUMERATOR OF WHICH IS EQUAL TO THE NUMBER OF BUILDINGS IN THE COOP-
ERATIVE DEVELOPMENT THAT HAVE  BEEN  DESIGNATED  BY  THE  DEPARTMENT  OF
BUILDINGS  IN  ACCORDANCE  WITH PARAGRAPH B OF SUBDIVISION THREE OF THIS
SECTION, AND THE DENOMINATOR OF WHICH IS THE TOTAL NUMBER  OF  BUILDINGS
THAT WERE LOCATED IN THE COOPERATIVE DEVELOPMENT AS OF THE TWENTY-EIGHTH
DAY  OF  OCTOBER, TWO THOUSAND TWELVE, THEN (3) DIVIDED BY THE NUMBER OF
BUILDINGS IN THE COOPERATIVE DEVELOPMENT THAT HAVE  BEEN  DESIGNATED  BY
THE  DEPARTMENT  OF BUILDINGS IN ACCORDANCE WITH PARAGRAPH B OF SUBDIVI-
SION THREE OF THIS SECTION.

S. 3702                             4

  B. ELIGIBLE REAL PROPERTY DESCRIBED IN THIS SUBDIVISION WITH NO ANNUAL
TAX SHALL NOT BE ELIGIBLE FOR A REBATE UNDER THIS SECTION.
  6. ARREARS. A. IN ORDER FOR AN OWNER TO QUALIFY FOR THE REBATE AUTHOR-
IZED  BY THIS SECTION, THERE MUST NOT BE ARREARS ON THE OWNER'S ELIGIBLE
REAL PROPERTY IN AN AMOUNT IN EXCESS OF TWENTY-FIVE  DOLLARS,  AND  WITH
RESPECT  TO  RESIDENTIAL PROPERTY HELD IN THE COOPERATIVE FORM OF OWNER-
SHIP, THERE MUST NOT BE ARREARS IN AN AMOUNT IN EXCESS OF AN AVERAGE  OF
TWENTY-FIVE  DOLLARS  PER  DWELLING  UNIT  IN  THE COOPERATIVE APARTMENT
CORPORATION, WHICH IS DETERMINED BY DIVIDING THE TOTAL AMOUNT OF ARREARS
ON THE RESIDENTIAL REAL PROPERTY HELD IN THE COOPERATIVE FORM OF  OWNER-
SHIP BY THE TOTAL NUMBER OF DWELLING UNITS IN SUCH PROPERTY.
  B.  IF  THE  COMMISSIONER OF FINANCE DETERMINES THAT AN OWNER DOES NOT
QUALIFY FOR THE REBATE SOLELY BECAUSE OF THE PROVISIONS OF  PARAGRAPH  A
OF  THIS SUBDIVISION, THE COMMISSIONER OF FINANCE SHALL NOTIFY THE OWNER
OF HIS OR HER DETERMINATION BY MAILING A NOTICE TO THE ADDRESS  PROVIDED
IN  SUBDIVISION SEVEN OF THIS SECTION. IF SUCH OWNER PAYS THE ARREARS IN
FULL NO LATER THAN SIX MONTHS FOLLOWING THE DATE OF THE MAILING OF  SUCH
NOTICE, THE OWNER SHALL BE ELIGIBLE TO RECEIVE THE REBATE.
  7.  MAILING  OF  REBATE. A. THE COMMISSIONER OF FINANCE SHALL MAIL THE
REBATE AUTHORIZED BY THIS SECTION TO THE PERSON WHOSE  NAME  APPEARS  ON
THE  RECORDS  OF  THE DEPARTMENT OF FINANCE AS THE OWNER OF THE ELIGIBLE
REAL PROPERTY OR DWELLING UNIT LOCATED THEREIN, AT  AN  ADDRESS  ON  THE
RECORDS  OF  THE DEPARTMENT OF FINANCE AS THE ADDRESS OF SUCH OWNER, AND
IF NO SUCH ADDRESS APPEARS ON THE RECORDS OF THE DEPARTMENT OF  FINANCE,
THEN  TO THE ADDRESS, IF ANY, APPEARING IN THE LATEST ASSESSMENT ROLL AS
THE ADDRESS OF THE OWNER OF THE ELIGIBLE REAL PROPERTY.  NOTWITHSTANDING
THE PREVIOUS SENTENCE, IF AN OWNER HAS NOTIFIED THE UNITED STATES POSTAL
SERVICE  OF A FORWARDING ADDRESS FOR MAIL THAT WOULD OTHERWISE HAVE BEEN
SENT TO ANY OF THE ADDRESSES DESCRIBED IN THE  PREVIOUS  SENTENCE,  THEN
THE  COMMISSIONER  OF  FINANCE  MAY  MAIL  THE REBATE AUTHORIZED BY THIS
SECTION TO SUCH FORWARDING ADDRESS.
  B. NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH A OF THIS  SUBDIVISION,
WITH  RESPECT  TO  ANY  REBATE  TO WHICH AN OWNER OF A BUILDING THAT WAS
DESIGNATED BY THE DEPARTMENT OF BUILDINGS IN ACCORDANCE WITH PARAGRAPH B
OF SUBDIVISION THREE OF THIS SECTION THAT IS LOCATED  ON  ELIGIBLE  REAL
PROPERTY  THAT  IS  DESCRIBED  IN  PARAGRAPH  (C)  OF SUBDIVISION ONE OF
SECTION EIGHTEEN HUNDRED TWO OF THIS  CHAPTER  IS  ENTITLED  UNDER  THIS
SECTION,  THE COMMISSIONER OF FINANCE SHALL MAIL THE REBATE TO THE COOP-
ERATIVE DEVELOPMENT OF WHICH THE OWNER'S PROPERTY  IS  A  PART,  AT  THE
ADDRESS  ON  THE  RECORDS OF THE DEPARTMENT OF FINANCE AS THE ADDRESS OF
THE COOPERATIVE CORPORATION THAT IS THE OWNER OF THE  LAND  INCLUDED  IN
THE  COOPERATIVE  DEVELOPMENT,  AND  IF  NO  SUCH ADDRESS APPEARS ON THE
RECORDS OF THE DEPARTMENT OF FINANCE,  THEN  TO  THE  ADDRESS,  IF  ANY,
APPEARING  IN  THE LATEST ASSESSMENT ROLL AS THE ADDRESS OF THE OWNER OF
SUCH LAND. NOTWITHSTANDING THE PREVIOUS  SENTENCE,  IF  THE  COOPERATIVE
CORPORATION  HAS NOTIFIED THE UNITED STATES POSTAL SERVICE OF A FORWARD-
ING ADDRESS FOR MAIL THAT WOULD OTHERWISE HAVE BEEN SENT TO ANY  OF  THE
ADDRESSES  DESCRIBED  IN THE PREVIOUS SENTENCE, THEN THE COMMISSIONER OF
FINANCE MAY MAIL THE REBATE AUTHORIZED BY THIS SECTION TO SUCH  FORWARD-
ING ADDRESS.
  8. RECOVERY OF ERRONEOUS REBATE. IF THE COMMISSIONER OF FINANCE DETER-
MINES  (A)  THAT  AN  OWNER  WHO RECEIVED A REBATE WAS NOT ENTITLED TO A
REBATE UNDER THIS SECTION, OR (B) THAT A REBATE WAS PAID  OR  CALCULATED
IN  ERROR  UNDER THIS SECTION, THE COMMISSIONER OF FINANCE SHALL RECOVER
OR RECALCULATE SUCH REBATE AND THE AMOUNT OF THE  REBATE  OR  AN  AMOUNT
EQUAL  TO  THE  DIFFERENCE  BETWEEN  THE  REBATE ORIGINALLY PAID AND THE

S. 3702                             5

AMOUNT TO WHICH THE OWNER WAS ENTITLED SHALL BE DEDUCTED FROM ANY REFUND
OR REBATE OTHERWISE PAYABLE TO THE OWNER, AND ANY BALANCE OF SUCH AMOUNT
REMAINING UNPAID SHALL BE PAID TO THE COMMISSIONER OF FINANCE  NO  LATER
THAN THE DUE AND PAYABLE DATE PROVIDED ON A NOTICE OF THE AMOUNT PAYABLE
MAILED BY THE COMMISSIONER OF FINANCE. SUCH AMOUNT PAYABLE SHALL CONSTI-
TUTE  A  TAX LIEN ON THE REAL PROPERTY OWNED BY SUCH OWNER AS OF THE DUE
AND PAYABLE DATE PROVIDED ON SUCH NOTICE, AND, IF NOT PAID BY  SUCH  DUE
AND  PAYABLE  DATE,  INTEREST  AT THE RATE APPLICABLE TO DELINQUENT REAL
PROPERTY TAXES ON SUCH PROPERTY SHALL BE CHARGED AND COLLECTED  ON  SUCH
AMOUNT FROM THE DUE AND PAYABLE DATE PROVIDED ON SUCH NOTICE TO THE DATE
OF  PAYMENT,  AND SUCH AMOUNT PAYABLE SHALL BE ENFORCEABLE AS A TAX LIEN
IN ACCORDANCE WITH PROVISIONS OF LAW RELATING TO THE ENFORCEMENT OF  TAX
LIENS IN ANY SUCH CITY.
  9.  REBATE  NOT DEEMED A REFUND. ANY REBATE AUTHORIZED BY THIS SECTION
TO BE PAID BY THE COMMISSIONER OF FINANCE SHALL NOT BE DEEMED  TO  BE  A
REFUND OF A REAL PROPERTY TAX PAYMENT.
  10.  RULEMAKING.  THE  COMMISSIONER  OF FINANCE SHALL BE AUTHORIZED TO
PROMULGATE RULES NECESSARY TO EFFECTUATE THE PURPOSES OF THIS SECTION.
  S 2. This act shall take effect immediately.

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