NY State Senate Bill 2015-S5196A

Senate Bill S5196A

Signed By Governor

2015-2016 Legislative Session

Authorizes a residential redevelopment inhibited property exemption in certain cities

download bill text pdf

Archive: Last Bill Status - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Oct 26, 2015	approval memo.2 signed chap.406
Oct 14, 2015	delivered to governor
Jun 18, 2015	returned to senate passed assembly ordered to third reading rules cal.674 substituted for a7570a referred to ways and means delivered to assembly passed senate ordered to third reading cal.1827 committee discharged and committed to rules
Jun 15, 2015	amended by restoring to previous print 5196a
Jun 11, 2015	amend and recommit to local government
Jun 09, 2015	print number 5196a
Jun 11, 2015	print number 5196b
Jun 09, 2015	amend and recommit to local government
May 07, 2015	referred to local government

Votes

- Jun 18, 2015 - Floor Vote
  S5196A
  
  63
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 18, 2015
      
      aye (63)
      
      Addabbo Jr.
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Libous
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Montgomery
      
      Murphy
      
      Nozzolio
      
      O'Mara
      
      Ortt
      
      Panepinto
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sampson
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Skelos
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Venditto
      
      Young
  Jun 18, 2015 - Rules Committee Vote
  S5196A
  
  24
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 18, 2015
      
      aye (24)
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      Dilan
      
      Espaillat
      
      Farley
      
      Flanagan
      
      Hannon
      
      Hassell-Thompson
      
      Krueger
      
      LaValle
      
      Larkin
      
      Libous
      
      Little
      
      Marcellino
      
      Montgomery
      
      Nozzolio
      
      Parker
      
      Perkins
      
      Seward
      
      Skelos
      
      Stewart-Cousins
      
      Valesky
      
      Young
      
      aye wr (1)
      
      Gianaris

Bill Amendments

Original

A (Active)

2015-S5196 - Details

See Assembly Version of this Bill:: A7570
Law Section:: Real Property Tax Law
Laws Affected:: Add §485-r, RPT L

2015-S5196 - Summary

Authorizes a residential redevelopment inhibited property exemption in certain cities.

2015-S5196 - Sponsor Memo

                                BILL NUMBER:S5196

TITLE OF BILL:  An act to amend the real property tax law, in relation
to authorizing a residential redevelopment inhibited property
exemption in certain cities

PURPOSE OR GENERAL IDEA OF BILL: To authorize certain cities to
institute a property tax exemption on the increased assessment
associated with the repair and redevelopment of certain dilapidated
residential properties to the extent that the assessment would
appreciate as a result of the repair and redevelopment.

SUMMARY OF SPECIFIC PROVISIONS: Section 1- sets forth the terms of a
residential redevelopment inhibited property exemption as follows:

1. definitions.

2. authorizes certain cities to provide for a real property exemption
under certain circumstances, and further permit the county in which
such property is located, after public hearing and local law, to offer
the same exemption.

3. sets forth property that can be designated for the exemption.

4. provides for exemption.

5. describes term and amount of exemption

6. limitation on exemption

Section 2- provides that the act shall take effect immediately.

JUSTIFICATION: This bill has been introduced at the request of the
City of Batavia. The City is faced with a large number of single
family homes that are dilapidated and in need of extensive and costly
repairs. These costs can exceed the value of the home when complete,
and as a result, they sit unused. These homes reduce the values of the
houses that surround them and their neighborhoods in general, and this
bill will provide needed incentive to make necessary redevelopment
occur. There is no actual cost for these incentives, since without
them the properties will continue to languish with low values or off
the tax rolls entirely, and surrounding values will continue to be
depressed. More importantly, these neighborhoods will provide a better
place for its residents to live.

PRIOR LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: None to the state.

EFFECTIVE DATE: This act shall take effect immediately.

2015-S5196 - Bill Text download pdf

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

                                  5196

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               May 7, 2015
                               ___________

Introduced  by  Sen.  RANZENHOFER -- read twice and ordered printed, and
  when printed to be committed to the Committee on Local Government

AN ACT to amend the real property tax law, in relation to authorizing  a
  residential  redevelopment  inhibited  property  exemption  in certain
  cities

  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 485-r to read as follows:
  S  485-R.  RESIDENTIAL  REDEVELOPMENT  INHIBITED  PROPERTY  EXEMPTION;
CERTAIN  CITIES.  1.  AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING MEANINGS:
  (A) "REDEVELOPMENT INHIBITED PROPERTY" SHALL MEAN A RESIDENTIAL  PROP-
ERTY  THAT HAS BEEN NEGLECTED OR ABANDONED BECAUSE OF THE LOCAL ECONOMIC
CONDITIONS AND/OR CONDITIONS ON THE PROPERTY THAT INHIBIT SUCH  PROPERTY
FROM  BEING  REDEVELOPED  BY THE PRIVATE SECTOR. REDEVELOPMENT INHIBITED
PROPERTY SHALL NOT INCLUDE LAND THAT IS UNDEVELOPED.
  (B) "GAP FINANCING COSTS" SHALL MEAN THE TOTAL COST OF THE  PROPERTY'S
REDEVELOPMENT  AS  APPROVED  BY  THE CITY MINUS THE INCREASE IN THE FULL
VALUATION OF THE PROPERTY UPON COMPLETION OF THE REDEVELOPMENT.
  (C) "BASE ASSESSMENT" SHALL MEAN THE ASSESSED VALUE OF THE PROPERTY ON
THE DAY THE CITY DESIGNATES THE PROPERTY AS REDEVELOPMENT INHIBITED.
  (D) "INCREASED ASSESSMENT" SHALL MEAN THE ASSESSED VALUE OF THE  PROP-
ERTY AS DETERMINED BY THE ASSESSOR UPON COMPLETION OF THE REDEVELOPMENT.
  (E)  "INCREMENTAL  INCREASE  IN  ANNUAL PROPERTY TAXES" SHALL MEAN THE
TAXES BASED ON THE INCREASED ASSESSMENT MINUS THE  TAXES  BASED  ON  THE
BASE ASSESSMENT.
  (F)  "CITY"  SHALL  MEAN  CITIES  WITH  A  POPULATION OF NOT LESS THAN
FIFTEEN THOUSAND AND NOT MORE THAN SIXTEEN THOUSAND AS DETERMINED BY THE
FEDERAL DECENNIAL CENSUS FOR THE YEAR TWO THOUSAND TEN.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10793-01-5

S. 5196                             2

  2. A CITY MAY, BY LOCAL LAW, PROVIDE FOR THE EXEMPTION OF REAL PROPER-
TY FROM TAXATION AS PROVIDED IN THIS SECTION. SUBSEQUENT TO THE ADOPTION
OF SUCH LOCAL LAW, THE COUNTY IN WHICH SUCH CITY IS LOCATED MAY AFTER  A
PUBLIC HEARING AND BY LOCAL LAW, AND ANY SCHOOL DISTRICT, ALL OR PART OF
WHICH  IS LOCATED IN SUCH CITY, MAY, BY RESOLUTION, EXEMPT SUCH PROPERTY
FROM ITS TAXATION IN THE SAME MANNER AND TO THE SAME EXTENT AS THE  CITY
HAS DONE.
  3.  A  CITY MAY DESIGNATE ANY PROPERTY WITHIN THE CITY BOUNDARIES AS A
REDEVELOPMENT INHIBITED PROPERTY IF ONE OR MORE  OF  THE  FOLLOWING  ARE
MET:
  (A)  THE  CITY  HAS ACQUIRED TITLE TO THE PROPERTY PURSUANT TO ARTICLE
NINETEEN-A OF THE REAL PROPERTY ACTIONS AND PROCEEDINGS LAW; OR
  (B) THE PROPERTY HAS BEEN CONTINUOUSLY VACANT FOR A PERIOD OF AT LEAST
THREE YEARS; OR
  (C) THE CITY HAS ACQUIRED TITLE TO THE PROPERTY  VIA  FORECLOSURE  FOR
UNPAID TAXES PURSUANT TO ARTICLE ELEVEN OF THIS CHAPTER; OR
  (D)  THE  PROPERTY  HAS  OUTSTANDING  ZONING, HOUSING, OR UNIFORM CODE
VIOLATIONS AND THE COST OF REMEDYING THE VIOLATIONS EXCEEDS THE  PROPER-
TY'S VALUE.
  4.  (A)  UPON  THE ADOPTION OF SUCH LOCAL LAW, REDEVELOPMENT INHIBITED
PROPERTY SHALL BE EXEMPT FROM TAXATION AND SPECIAL AD VALOREM LEVIES  TO
THE  EXTENT  OF ANY INCREASE IN VALUE ATTRIBUTABLE TO DEMOLITION, ALTER-
ATION, REHABILITATION, OR REMEDIATION PURSUANT TO THE FOLLOWING REQUIRE-
MENTS:
  (I) THE DEMOLITION, ALTERATIONS,  REHABILITATION,  AND/OR  REMEDIATION
SHALL BE PERMITTED BY THE CITY'S BUREAU OF INSPECTION SUCH THAT BUILDING
OR  PLUMBING  PERMITS ISSUED AND SAID DEMOLITION, ALTERATIONS, REHABILI-
TATION, AND/OR REMEDIATION SHALL HAVE MET ALL  NECESSARY  APPROVALS  PER
THE APPLICABLE NEW YORK STATE UNIFORM FIRE PREVENTION AND BUILDING CODE,
THE  CITY'S  MUNICIPAL  CODE  AND  THE  CITY'S BUREAU OF INSPECTION UPON
COMPLETION; AND
  (II) THE PROPERTY FOR WHICH  THE  EXEMPTION  IS  SOUGHT  SHALL  BE  AN
OWNER-OCCUPIED ONE-FAMILY RESIDENCE; AND
  (III)  THE  OWNER OF SUCH PROPERTY SHALL FILE ANNUALLY AN AFFIDAVIT OF
RESIDENCY WITH THE ASSESSOR OF THE CITY ON  OR  BEFORE  THE  APPROPRIATE
TAXABLE  STATUS  DATE OF SUCH CITY, CONFIRMING CONTINUED OWNER-OCCUPANCY
OF THE PROPERTY; AND
  (IV) THE REDEVELOPMENT INHIBITED PROPERTY IS EXEMPT FROM TAXATION  AND
SPECIAL AD VALOREM LEVIES ATTRIBUTABLE TO THE INCREASED ASSESSMENT MINUS
THE  TAXES AND SPECIAL AD VALOREM LEVIES IMPOSED ON THE BASE ASSESSMENT.
SUCH EXEMPTION SHALL NOT APPLY TO SPECIAL ASSESSMENTS.
  (B) IN THE EVENT THE PROPERTY GRANTED AN EXEMPTION  PURSUANT  TO  THIS
SECTION CEASES TO BE OWNER-OCCUPIED AND/OR THE AFFIDAVIT OF RESIDENCY IS
NOT  FILED  ANNUALLY  FOR  THE  APPROVED EXEMPTION PERIOD, THE EXEMPTION
GRANTED PURSUANT TO THIS SECTION SHALL CEASE.
  (C) IN THE EVENT THE PROPERTY GRANTED AN EXEMPTION  PURSUANT  TO  THIS
SECTION CEASES TO BE A ONE-FAMILY DWELLING, THE EXEMPTION GRANTED PURSU-
ANT TO THIS SECTION SHALL CEASE.
  (D) IN THE EVENT THE OWNER OF THE PROPERTY IS CONVICTED OF A VIOLATION
OR  MISDEMEANOR  PURSUANT  TO NEW YORK STATE UNIFORM FIRE PREVENTION AND
BUILDING CODE OR THE CITY'S MUNICIPAL CODE, THE EXEMPTION GRANTED PURSU-
ANT TO THIS SECTION SHALL CEASE.
  5. (A) SUCH REDEVELOPMENT INHIBITED PROPERTY SHALL  BE  EXEMPT  FOR  A
PERIOD  EQUAL  TO  THE  GAP  FINANCING  COSTS DIVIDED BY THE INCREMENTAL
INCREASE IN ANNUAL PROPERTY TAXES RESULTING FROM SUCH REDEVELOPMENT. THE

S. 5196                             3

EXEMPTION PERIOD SHALL BE ROUNDED UP TO THE  NEAREST  WHOLE  NUMBER  AND
SHALL NOT EXCEED TWENTY-FIVE YEARS.
  (B)  THE  EXTENT OF SUCH EXEMPTION SHALL DECREASE THE LAST EIGHT YEARS
OF THE EXEMPTION PERIOD BY TWELVE AND ONE-HALF PERCENT OF  THE  INCREASE
IN ASSESSMENT DUE TO THE REDEVELOPMENT EQUALING A ZERO PERCENT EXEMPTION
ON THE FINAL YEAR OF THE EXEMPTION PERIOD.
  6.  (A)  SUCH  EXEMPTION SHALL BE GRANTED ONLY UPON APPLICATION BY THE
OWNER OF SUCH BUILDING FOR THE RESIDENTIAL REDEVELOPMENT INHIBITED PROP-
ERTY EXEMPTION, ON A FORM PRESCRIBED BY THE CITY. SUCH APPLICATION  MUST
BE  FILED  WITH  THE  ASSESSOR  OF THE CITY ON OR BEFORE THE APPROPRIATE
TAXABLE STATUS DATE OF SUCH CITY. THE APPLICATION MUST BE FILED WITH THE
ASSESSOR OF THE CITY WITHIN THREE YEARS FROM THE DATE OF COMPLETING  THE
DEMOLITION, ALTERATIONS, REHABILITATION, AND/OR REMEDIATION.
  (B)  THE  OWNER  FILING FOR SUCH EXEMPTION SHALL NOT BE REQUIRED TO BE
THE OWNER RESPONSIBLE FOR COMPLETING THE DEMOLITION, ALTERATIONS,  REHA-
BILITATION, AND/OR REMEDIATION.
  (C)  IF THE ASSESSOR IS SATISFIED THAT THE APPLICANT IS ENTITLED TO AN
EXEMPTION PURSUANT TO THIS SECTION, HE OR SHE SHALL APPROVE THE APPLICA-
TION AND SUCH REAL PROPERTY SHALL THEREAFTER BE EXEMPT FROM TAXATION AND
SPECIAL AD VALOREM LEVIES BY THE CITY  COMMENCING  WITH  THE  ASSESSMENT
ROLL PREPARED AFTER THE TAXABLE STATUS DATE REFERRED TO IN THIS SUBDIVI-
SION.  THE  ASSESSED  VALUE  OF  ANY  EXEMPTION GRANTED PURSUANT TO THIS
SECTION SHALL BE ENTERED BY THE ASSESSOR OF THE CITY ON  THE  ASSESSMENT
ROLL  WITH  THE TAXABLE PROPERTY, WITH THE AMOUNT OF THE EXEMPTION SHOWN
IN A SEPARATE COLUMN.
  (D) ONCE GRANTED, THE  RESIDENTIAL  REDEVELOPMENT  INHIBITED  PROPERTY
EXEMPTION  RUNS  WITH THE LAND FOR THE EXEMPTION PERIOD PURSUANT TO THIS
SECTION.
  S 2. This act shall take effect immediately.

2015-S5196A (ACTIVE) - Details

See Assembly Version of this Bill:: A7570
Law Section:: Real Property Tax Law
Laws Affected:: Add §485-r, RPT L

2015-S5196A (ACTIVE) - Summary

Authorizes a residential redevelopment inhibited property exemption in certain cities.

2015-S5196A (ACTIVE) - Sponsor Memo

2015-S5196A (ACTIVE) - Bill Text download pdf

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

                                 5196--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               May 7, 2015
                               ___________

Introduced  by  Sen.  RANZENHOFER -- read twice and ordered printed, and
  when printed to be committed to the Committee on Local  Government  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

AN ACT to amend the real property tax law, in relation to authorizing  a
  residential  redevelopment  inhibited  property  exemption  in certain
  cities

  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 485-r to read as follows:
  S  485-R.  RESIDENTIAL  REDEVELOPMENT  INHIBITED  PROPERTY  EXEMPTION;
CERTAIN  CITIES.  1.  AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING MEANINGS:
  (A) "REDEVELOPMENT INHIBITED PROPERTY" SHALL MEAN A RESIDENTIAL  PROP-
ERTY  THAT HAS BEEN NEGLECTED OR ABANDONED BECAUSE OF THE LOCAL ECONOMIC
CONDITIONS AND/OR CONDITIONS ON THE PROPERTY THAT INHIBIT SUCH  PROPERTY
FROM  BEING  REDEVELOPED  BY THE PRIVATE SECTOR. REDEVELOPMENT INHIBITED
PROPERTY SHALL NOT INCLUDE LAND THAT IS UNDEVELOPED.
  (B) "GAP FINANCING COSTS" SHALL MEAN THE TOTAL COST OF THE  PROPERTY'S
REDEVELOPMENT  AS  APPROVED  BY  THE CITY MINUS THE INCREASE IN THE FULL
VALUATION OF THE PROPERTY UPON COMPLETION OF THE REDEVELOPMENT.
  (C) "BASE ASSESSMENT" SHALL MEAN THE ASSESSED VALUE OF THE PROPERTY ON
THE DAY THE CITY DESIGNATES THE PROPERTY AS REDEVELOPMENT INHIBITED.
  (D) "INCREASED ASSESSMENT" SHALL MEAN THE ASSESSED VALUE OF THE  PROP-
ERTY AS DETERMINED BY THE ASSESSOR UPON COMPLETION OF THE REDEVELOPMENT.
  (E)  "INCREMENTAL  INCREASE  IN  ANNUAL PROPERTY TAXES" SHALL MEAN THE
TAXES BASED ON THE INCREASED ASSESSMENT MINUS THE  TAXES  BASED  ON  THE
BASE ASSESSMENT.
  (F)  "CITY"  SHALL  MEAN  CITIES  WITH  A  POPULATION OF NOT LESS THAN
FIFTEEN THOUSAND TWO HUNDRED FIFTY AND NOT MORE  THAN  FIFTEEN  THOUSAND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10793-02-5

S. 5196--A                          2

FIVE  HUNDRED AS DETERMINED BY THE FEDERAL DECENNIAL CENSUS FOR THE YEAR
TWO THOUSAND TEN.
  2. A CITY MAY, BY LOCAL LAW, PROVIDE FOR THE EXEMPTION OF REAL PROPER-
TY FROM TAXATION AS PROVIDED IN THIS SECTION. SUBSEQUENT TO THE ADOPTION
OF  SUCH LOCAL LAW, THE COUNTY IN WHICH SUCH CITY IS LOCATED MAY AFTER A
PUBLIC HEARING AND BY LOCAL LAW, AND ANY SCHOOL DISTRICT, ALL OR PART OF
WHICH IS LOCATED IN SUCH CITY, MAY, BY RESOLUTION, EXEMPT SUCH  PROPERTY
FROM  ITS TAXATION IN THE SAME MANNER AND TO THE SAME EXTENT AS THE CITY
HAS DONE.
  3. A CITY SHALL DESIGNATE ANY PROPERTY WITHIN THE CITY BOUNDARIES AS A
REDEVELOPMENT INHIBITED PROPERTY IF ONE OR MORE  OF  THE  FOLLOWING  ARE
MET:
  (A)  THE  CITY  HAS ACQUIRED TITLE TO THE PROPERTY PURSUANT TO ARTICLE
NINETEEN-A OF THE REAL PROPERTY ACTIONS AND PROCEEDINGS LAW; OR
  (B) THE PROPERTY HAS BEEN CONTINUOUSLY VACANT FOR A PERIOD OF AT LEAST
THREE YEARS; OR
  (C) THE CITY HAS ACQUIRED TITLE TO THE PROPERTY  VIA  FORECLOSURE  FOR
UNPAID TAXES PURSUANT TO ARTICLE ELEVEN OF THIS CHAPTER; OR
  (D)  THE  PROPERTY  HAS  OUTSTANDING  ZONING, HOUSING, OR UNIFORM CODE
VIOLATIONS AND THE COST OF REMEDYING THE VIOLATIONS EXCEEDS THE  PROPER-
TY'S VALUE.
  4.  (A)  UPON  THE ADOPTION OF SUCH LOCAL LAW, REDEVELOPMENT INHIBITED
PROPERTY SHALL BE EXEMPT FROM TAXATION AND SPECIAL AD VALOREM LEVIES  TO
THE  EXTENT  OF ANY INCREASE IN VALUE ATTRIBUTABLE TO DEMOLITION, ALTER-
ATION, REHABILITATION, OR REMEDIATION PURSUANT TO THE FOLLOWING REQUIRE-
MENTS:
  (I) THE DEMOLITION, ALTERATIONS,  REHABILITATION,  AND/OR  REMEDIATION
SHALL BE PERMITTED BY THE CITY'S BUREAU OF INSPECTION SUCH THAT BUILDING
OR  PLUMBING  PERMITS ISSUED AND SAID DEMOLITION, ALTERATIONS, REHABILI-
TATION, AND/OR REMEDIATION SHALL HAVE MET ALL  NECESSARY  APPROVALS  PER
THE APPLICABLE NEW YORK STATE UNIFORM FIRE PREVENTION AND BUILDING CODE,
THE  CITY'S  MUNICIPAL  CODE  AND  THE  CITY'S BUREAU OF INSPECTION UPON
COMPLETION; AND
  (II) THE PROPERTY FOR WHICH  THE  EXEMPTION  IS  SOUGHT  SHALL  BE  AN
OWNER-OCCUPIED ONE-FAMILY RESIDENCE; AND
  (III)  THE  OWNER OF SUCH PROPERTY SHALL FILE ANNUALLY AN AFFIDAVIT OF
RESIDENCY WITH THE ASSESSOR OF THE CITY ON  OR  BEFORE  THE  APPROPRIATE
TAXABLE  STATUS  DATE OF SUCH CITY, CONFIRMING CONTINUED OWNER-OCCUPANCY
OF THE PROPERTY; AND
  (IV) THE REDEVELOPMENT INHIBITED PROPERTY IS EXEMPT FROM TAXATION  AND
SPECIAL AD VALOREM LEVIES ATTRIBUTABLE TO THE INCREASED ASSESSMENT MINUS
THE  TAXES AND SPECIAL AD VALOREM LEVIES IMPOSED ON THE BASE ASSESSMENT.
SUCH EXEMPTION SHALL NOT APPLY TO SPECIAL ASSESSMENTS.
  (B) IN THE EVENT THE PROPERTY GRANTED AN EXEMPTION  PURSUANT  TO  THIS
SECTION CEASES TO BE OWNER-OCCUPIED AND/OR THE AFFIDAVIT OF RESIDENCY IS
NOT  FILED  ANNUALLY  FOR  THE  APPROVED EXEMPTION PERIOD, THE EXEMPTION
GRANTED PURSUANT TO THIS SECTION SHALL CEASE.
  (C) IN THE EVENT THE PROPERTY GRANTED AN EXEMPTION  PURSUANT  TO  THIS
SECTION CEASES TO BE A ONE-FAMILY DWELLING, THE EXEMPTION GRANTED PURSU-
ANT TO THIS SECTION SHALL CEASE.
  (D) IN THE EVENT THE OWNER OF THE PROPERTY IS CONVICTED OF A VIOLATION
OR  MISDEMEANOR  PURSUANT  TO NEW YORK STATE UNIFORM FIRE PREVENTION AND
BUILDING CODE OR THE CITY'S MUNICIPAL CODE, THE EXEMPTION GRANTED PURSU-
ANT TO THIS SECTION SHALL CEASE.
  5. (A) SUCH REDEVELOPMENT INHIBITED PROPERTY SHALL  BE  EXEMPT  FOR  A
PERIOD  EQUAL  TO  THE  GAP  FINANCING  COSTS DIVIDED BY THE INCREMENTAL

S. 5196--A                          3

INCREASE IN ANNUAL PROPERTY TAXES RESULTING FROM SUCH REDEVELOPMENT. THE
EXEMPTION PERIOD SHALL BE ROUNDED UP TO THE  NEAREST  WHOLE  NUMBER  AND
SHALL NOT EXCEED TWENTY-FIVE YEARS.
  (B)  THE  EXTENT OF SUCH EXEMPTION SHALL DECREASE THE LAST EIGHT YEARS
OF THE EXEMPTION PERIOD BY TWELVE AND ONE-HALF PERCENT OF  THE  INCREASE
IN ASSESSMENT DUE TO THE REDEVELOPMENT EQUALING A ZERO PERCENT EXEMPTION
ON THE FINAL YEAR OF THE EXEMPTION PERIOD.
  6.  (A)  SUCH  EXEMPTION SHALL BE GRANTED ONLY UPON APPLICATION BY THE
OWNER OF SUCH BUILDING FOR THE RESIDENTIAL REDEVELOPMENT INHIBITED PROP-
ERTY EXEMPTION, ON A FORM PRESCRIBED BY THE CITY. SUCH APPLICATION  MUST
BE  FILED  WITH  THE  ASSESSOR  OF THE CITY ON OR BEFORE THE APPROPRIATE
TAXABLE STATUS DATE OF SUCH CITY. THE APPLICATION MUST BE FILED WITH THE
ASSESSOR OF THE CITY WITHIN THREE YEARS FROM THE DATE OF COMPLETING  THE
DEMOLITION, ALTERATIONS, REHABILITATION, AND/OR REMEDIATION.
  (B)  THE  OWNER  FILING FOR SUCH EXEMPTION SHALL NOT BE REQUIRED TO BE
THE OWNER RESPONSIBLE FOR COMPLETING THE DEMOLITION, ALTERATIONS,  REHA-
BILITATION, AND/OR REMEDIATION.
  (C)  IF THE ASSESSOR IS SATISFIED THAT THE APPLICANT IS ENTITLED TO AN
EXEMPTION PURSUANT TO THIS SECTION, HE OR SHE SHALL APPROVE THE APPLICA-
TION AND SUCH REAL PROPERTY SHALL THEREAFTER BE EXEMPT FROM TAXATION AND
SPECIAL AD VALOREM LEVIES BY THE CITY  COMMENCING  WITH  THE  ASSESSMENT
ROLL PREPARED AFTER THE TAXABLE STATUS DATE REFERRED TO IN THIS SUBDIVI-
SION.  THE  ASSESSED  VALUE  OF  ANY  EXEMPTION GRANTED PURSUANT TO THIS
SECTION SHALL BE ENTERED BY THE ASSESSOR OF THE CITY ON  THE  ASSESSMENT
ROLL  WITH  THE TAXABLE PROPERTY, WITH THE AMOUNT OF THE EXEMPTION SHOWN
IN A SEPARATE COLUMN.
  (D) ONCE GRANTED, THE  RESIDENTIAL  REDEVELOPMENT  INHIBITED  PROPERTY
EXEMPTION  RUNS  WITH THE LAND FOR THE EXEMPTION PERIOD PURSUANT TO THIS
SECTION.
  S 2. This act shall take effect immediately.

2015-S5196B - Details

See Assembly Version of this Bill:: A7570
Law Section:: Real Property Tax Law
Laws Affected:: Add §485-r, RPT L

2015-S5196B - Summary

Authorizes a residential redevelopment inhibited property exemption in certain cities.

2015-S5196B - Sponsor Memo

                                BILL NUMBER:S5196B

TITLE OF BILL:  An act to amend the real property tax law, in relation
to authorizing a residential redevelopment inhibited property
exemption in certain cities

PURPOSE OR GENERAL IDEA OF BILL: To authorize certain cities to
institute a property tax exemption on the increased assessment
associated with the repair and redevelopment of certain dilapidated
residential properties to the extent that the assessment would
appreciate as a result of the repair and redevelopment.

SUMMARY OF SPECIFIC PROVISIONS: Section 1- sets forth the terms of a
residential redevelopment inhibited property exemption as follows:

1. definitions.

2. authorizes certain cities to provide for a real property exemption
under certain circumstances, and further permit the county in which
such property is located, after public hearing and local law, to offer
the same exemption.

3. sets forth property that can be designated for the exemption.

4. provides for exemption.

5. describes term and amount of exemption

6. limitation on exemption

Section 2- provides that the act shall take effect immediately.

JUSTIFICATION: This bill has been introduced at the request of the
City of Batavia. The City is faced with a large number of single
family homes that are dilapidated and in need of extensive and costly
repairs. These costs can exceed the value of the home when complete,
and as a result, they sit unused. These homes reduce the values of the
houses that surround them and their neighborhoods in general, and this
bill will provide needed incentive to make necessary redevelopment
occur. There is no actual cost for these incentives, since without
them the properties will continue to languish with low values or off
the tax rolls entirely, and surrounding values will continue to be
depressed. More importantly, these neighborhoods will provide a better
place for its residents to live.

PRIOR LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: None to the state.

EFFECTIVE DATE: This act shall take effect immediately.

2015-S5196B - Bill Text download pdf

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

                                 5196--B

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               May 7, 2015
                               ___________

Introduced  by  Sen.  RANZENHOFER -- read twice and ordered printed, and
  when printed to be committed to the Committee on Local  Government  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee -- committee discharged,  bill  amended,
  ordered reprinted as amended and recommitted to said committee

AN  ACT to amend the real property tax law, in relation to authorizing a
  residential redevelopment  inhibited  property  exemption  in  certain
  cities

  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 485-r to read as follows:
  S  485-R.  RESIDENTIAL  REDEVELOPMENT  INHIBITED  PROPERTY  EXEMPTION;
CERTAIN CITIES. 1. AS USED IN THIS SECTION, THE  FOLLOWING  TERMS  SHALL
HAVE THE FOLLOWING MEANINGS:
  (A)  "REDEVELOPMENT INHIBITED PROPERTY" SHALL MEAN A RESIDENTIAL PROP-
ERTY THAT HAS BEEN NEGLECTED OR ABANDONED BECAUSE OF THE LOCAL  ECONOMIC
CONDITIONS  AND/OR CONDITIONS ON THE PROPERTY THAT INHIBIT SUCH PROPERTY
FROM BEING REDEVELOPED BY THE PRIVATE  SECTOR.  REDEVELOPMENT  INHIBITED
PROPERTY SHALL NOT INCLUDE LAND THAT IS UNDEVELOPED.
  (B)  "GAP FINANCING COSTS" SHALL MEAN THE TOTAL COST OF THE PROPERTY'S
REDEVELOPMENT AS APPROVED BY THE CITY MINUS THE  INCREASE  IN  THE  FULL
VALUATION OF THE PROPERTY UPON COMPLETION OF THE REDEVELOPMENT.
  (C) "BASE ASSESSMENT" SHALL MEAN THE ASSESSED VALUE OF THE PROPERTY ON
THE DAY THE CITY DESIGNATES THE PROPERTY AS REDEVELOPMENT INHIBITED.
  (D)  "INCREASED ASSESSMENT" SHALL MEAN THE ASSESSED VALUE OF THE PROP-
ERTY AS DETERMINED BY THE ASSESSOR UPON COMPLETION OF THE REDEVELOPMENT.
  (E) "INCREMENTAL INCREASE IN ANNUAL PROPERTY  TAXES"  SHALL  MEAN  THE
TAXES  BASED  ON  THE  INCREASED ASSESSMENT MINUS THE TAXES BASED ON THE
BASE ASSESSMENT.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10793-04-5

S. 5196--B                          2

  (F) "CITY" SHALL MEAN CITIES  WITH  A  POPULATION  OF  NOT  LESS  THAN
FIFTEEN  THOUSAND  TWO  HUNDRED FIFTY AND NOT MORE THAN FIFTEEN THOUSAND
FIVE HUNDRED AS DETERMINED AS OF THE LAST DECENNIAL CENSUS.
  2. A CITY MAY, BY LOCAL LAW, PROVIDE FOR THE EXEMPTION OF REAL PROPER-
TY FROM TAXATION AS PROVIDED IN THIS SECTION. SUBSEQUENT TO THE ADOPTION
OF  SUCH LOCAL LAW, THE COUNTY IN WHICH SUCH CITY IS LOCATED MAY AFTER A
PUBLIC HEARING AND BY LOCAL LAW, AND ANY SCHOOL DISTRICT, ALL OR PART OF
WHICH IS LOCATED IN SUCH CITY, MAY, BY RESOLUTION, EXEMPT SUCH  PROPERTY
FROM  ITS TAXATION IN THE SAME MANNER AND TO THE SAME EXTENT AS THE CITY
HAS DONE.
  3. A CITY SHALL DESIGNATE ANY PROPERTY WITHIN THE CITY BOUNDARIES AS A
REDEVELOPMENT INHIBITED PROPERTY IF ONE OR MORE  OF  THE  FOLLOWING  ARE
MET:
  (A)  THE  CITY  HAS ACQUIRED TITLE TO THE PROPERTY PURSUANT TO ARTICLE
NINETEEN-A OF THE REAL PROPERTY ACTIONS AND PROCEEDINGS LAW; OR
  (B) THE PROPERTY HAS BEEN CONTINUOUSLY VACANT FOR A PERIOD OF AT LEAST
THREE YEARS; OR
  (C) THE CITY HAS ACQUIRED TITLE TO THE PROPERTY  VIA  FORECLOSURE  FOR
UNPAID TAXES PURSUANT TO ARTICLE ELEVEN OF THIS CHAPTER; OR
  (D)  THE  PROPERTY  HAS  OUTSTANDING  ZONING, HOUSING, OR UNIFORM CODE
VIOLATIONS AND THE COST OF REMEDYING THE VIOLATIONS EXCEEDS THE  PROPER-
TY'S VALUE.
  4.  (A)  UPON  THE ADOPTION OF SUCH LOCAL LAW, REDEVELOPMENT INHIBITED
PROPERTY SHALL BE EXEMPT FROM TAXATION AND SPECIAL AD VALOREM LEVIES  TO
THE  EXTENT  OF ANY INCREASE IN VALUE ATTRIBUTABLE TO DEMOLITION, ALTER-
ATION, REHABILITATION, OR REMEDIATION PURSUANT TO THE FOLLOWING REQUIRE-
MENTS:
  (I) THE DEMOLITION, ALTERATIONS,  REHABILITATION,  AND/OR  REMEDIATION
SHALL BE PERMITTED BY THE CITY'S BUREAU OF INSPECTION SUCH THAT BUILDING
OR  PLUMBING  PERMITS ISSUED AND SAID DEMOLITION, ALTERATIONS, REHABILI-
TATION, AND/OR REMEDIATION SHALL HAVE MET ALL  NECESSARY  APPROVALS  PER
THE APPLICABLE NEW YORK STATE UNIFORM FIRE PREVENTION AND BUILDING CODE,
THE  CITY'S  MUNICIPAL  CODE  AND  THE  CITY'S BUREAU OF INSPECTION UPON
COMPLETION; AND
  (II) THE PROPERTY FOR WHICH  THE  EXEMPTION  IS  SOUGHT  SHALL  BE  AN
OWNER-OCCUPIED ONE-FAMILY RESIDENCE; AND
  (III)  THE  OWNER OF SUCH PROPERTY SHALL FILE ANNUALLY AN AFFIDAVIT OF
RESIDENCY WITH THE ASSESSOR OF THE CITY ON  OR  BEFORE  THE  APPROPRIATE
TAXABLE  STATUS  DATE OF SUCH CITY, CONFIRMING CONTINUED OWNER-OCCUPANCY
OF THE PROPERTY; AND
  (IV) THE REDEVELOPMENT INHIBITED PROPERTY IS EXEMPT FROM TAXATION  AND
SPECIAL AD VALOREM LEVIES ATTRIBUTABLE TO THE INCREASED ASSESSMENT MINUS
THE  TAXES AND SPECIAL AD VALOREM LEVIES IMPOSED ON THE BASE ASSESSMENT.
SUCH EXEMPTION SHALL NOT APPLY TO SPECIAL ASSESSMENTS.
  (B) IN THE EVENT THE PROPERTY GRANTED AN EXEMPTION  PURSUANT  TO  THIS
SECTION CEASES TO BE OWNER-OCCUPIED AND/OR THE AFFIDAVIT OF RESIDENCY IS
NOT  FILED  ANNUALLY  FOR  THE  APPROVED EXEMPTION PERIOD, THE EXEMPTION
GRANTED PURSUANT TO THIS SECTION SHALL CEASE.
  (C) IN THE EVENT THE PROPERTY GRANTED AN EXEMPTION  PURSUANT  TO  THIS
SECTION CEASES TO BE A ONE-FAMILY DWELLING, THE EXEMPTION GRANTED PURSU-
ANT TO THIS SECTION SHALL CEASE.
  (D) IN THE EVENT THE OWNER OF THE PROPERTY IS CONVICTED OF A VIOLATION
OR  MISDEMEANOR  PURSUANT  TO NEW YORK STATE UNIFORM FIRE PREVENTION AND
BUILDING CODE OR THE CITY'S MUNICIPAL CODE, THE EXEMPTION GRANTED PURSU-
ANT TO THIS SECTION SHALL CEASE.

S. 5196--B                          3

  5. (A) SUCH REDEVELOPMENT INHIBITED PROPERTY SHALL  BE  EXEMPT  FOR  A
PERIOD  EQUAL  TO  THE  GAP  FINANCING  COSTS DIVIDED BY THE INCREMENTAL
INCREASE IN ANNUAL PROPERTY TAXES RESULTING FROM SUCH REDEVELOPMENT. THE
EXEMPTION PERIOD SHALL BE ROUNDED UP TO THE  NEAREST  WHOLE  NUMBER  AND
SHALL NOT EXCEED TWENTY-FIVE YEARS.
  (B)  THE  EXTENT OF SUCH EXEMPTION SHALL DECREASE THE LAST EIGHT YEARS
OF THE EXEMPTION PERIOD BY TWELVE AND ONE-HALF PERCENT OF  THE  INCREASE
IN ASSESSMENT DUE TO THE REDEVELOPMENT EQUALING A ZERO PERCENT EXEMPTION
ON THE FINAL YEAR OF THE EXEMPTION PERIOD.
  6.  (A)  SUCH  EXEMPTION SHALL BE GRANTED ONLY UPON APPLICATION BY THE
OWNER OF SUCH BUILDING FOR THE RESIDENTIAL REDEVELOPMENT INHIBITED PROP-
ERTY EXEMPTION, ON A FORM PRESCRIBED BY THE CITY. SUCH APPLICATION  MUST
BE  FILED  WITH  THE  ASSESSOR  OF THE CITY ON OR BEFORE THE APPROPRIATE
TAXABLE STATUS DATE OF SUCH CITY. THE APPLICATION MUST BE FILED WITH THE
ASSESSOR OF THE CITY WITHIN THREE YEARS FROM THE DATE OF COMPLETING  THE
DEMOLITION, ALTERATIONS, REHABILITATION, AND/OR REMEDIATION.
  (B)  THE  OWNER  FILING FOR SUCH EXEMPTION SHALL NOT BE REQUIRED TO BE
THE OWNER RESPONSIBLE FOR COMPLETING THE DEMOLITION, ALTERATIONS,  REHA-
BILITATION, AND/OR REMEDIATION.
  (C)  IF THE ASSESSOR IS SATISFIED THAT THE APPLICANT IS ENTITLED TO AN
EXEMPTION PURSUANT TO THIS SECTION, HE OR SHE SHALL APPROVE THE APPLICA-
TION AND SUCH REAL PROPERTY SHALL THEREAFTER BE EXEMPT FROM TAXATION AND
SPECIAL AD VALOREM LEVIES BY THE CITY  COMMENCING  WITH  THE  ASSESSMENT
ROLL PREPARED AFTER THE TAXABLE STATUS DATE REFERRED TO IN THIS SUBDIVI-
SION.  THE  ASSESSED  VALUE  OF  ANY  EXEMPTION GRANTED PURSUANT TO THIS
SECTION SHALL BE ENTERED BY THE ASSESSOR OF THE CITY ON  THE  ASSESSMENT
ROLL  WITH  THE TAXABLE PROPERTY, WITH THE AMOUNT OF THE EXEMPTION SHOWN
IN A SEPARATE COLUMN.
  (D) ONCE GRANTED, THE  RESIDENTIAL  REDEVELOPMENT  INHIBITED  PROPERTY
EXEMPTION  RUNS  WITH THE LAND FOR THE EXEMPTION PERIOD PURSUANT TO THIS
SECTION.
  S 2. This act shall take effect immediately.

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Senate Bill S5196A

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Sponsored By

Michael H. Ranzenhofer

Archive: Last Bill Status - Signed by Governor

Bill Amendments

2015-S5196 - Details

2015-S5196 - Summary

2015-S5196 - Sponsor Memo

2015-S5196 - Bill Text download pdf

2015-S5196A (ACTIVE) - Details

2015-S5196A (ACTIVE) - Summary

2015-S5196A (ACTIVE) - Sponsor Memo

2015-S5196A (ACTIVE) - Bill Text download pdf

2015-S5196B - Details

2015-S5196B - Summary

2015-S5196B - Sponsor Memo

2015-S5196B - Bill Text download pdf

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