S T A T E O F N E W Y O R K
________________________________________________________________________
1994
2009-2010 Regular Sessions
I N A S S E M B L Y
January 14, 2009
___________
Introduced by M. of A. THIELE -- read once and referred to the Committee
on Real Property Taxation
AN ACT to amend the real property tax law, in relation to establishing a
real property tax credit for real property voluntarily submitted for
landmark status
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 444-b to read as follows:
S 444-B. VOLUNTARY LANDMARK STATUS. 1. REAL PROPERTY IN WHICH THE
OWNER OF SUCH PROPERTY HAS VOLUNTARILY SUBMITTED SUCH PROPERTY FOR
LAND-MARK STATUS SUBSEQUENT TO THE EFFECTIVE DATE OF A LOCAL LAW OR
RESOLUTION ADOPTED PURSUANT TO THIS SECTION SHALL BE EXEMPT FROM TAXA-
TION AND SPECIAL AD VALOREM LEVIES AS HEREIN PROVIDED. AFTER A PUBLIC
HEARING, THE GOVERNING BODY OF A COUNTY, CITY, TOWN OR VILLAGE MAY ADOPT
A LOCAL LAW AND A SCHOOL DISTRICT, OTHER THAN A SCHOOL DISTRICT GOVERNED
BY THE PROVISIONS OF ARTICLE FIFTY-TWO OF THE EDUCATION LAW, MAY ADOPT A
RESOLUTION TO GRANT THE EXEMPTION AUTHORIZED PURSUANT TO THIS SECTION. A
COPY OF SUCH LOCAL LAW OR RESOLUTION SHALL BE FILED WITH THE STATE BOARD
AND THE ASSESSOR OF SUCH COUNTY, CITY, TOWN OR VILLAGE WHO PREPARES THE
ASSESSMENT ROLL ON WHICH THE TAXES OF SUCH COUNTY, CITY, TOWN, VILLAGE
OR SCHOOL DISTRICT ARE LEVIED.
2. PROPERTY VOLUNTARILY SUBMITTED FOR LANDMARK STATUS SHALL BE EXEMPT
FROM TAXATION FOR THE DECREASE IN VALUE TO SUCH PROPERTY RESULTING FROM
ANY RESTRICTED USE OR LIMITED USE OF SUCH PROPERTY NECESSARY TO MAINTAIN
SUCH PROPERTY AS A LANDMARK.
3. NO SUCH EXEMPTION SHALL BE GRANTED PURSUANT TO THIS SECTION UNLESS
THE PROPERTY WAS SUBMITTED FOR LANDMARK STATUS SUBSEQUENT TO THE EFFEC-
TIVE DATE OF THE LOCAL LAW OR RESOLUTION ADOPTED PURSUANT TO THIS
SECTION.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03202-01-9
A. 1994 2
4. SUCH EXEMPTION SHALL BE GRANTED ONLY BY APPLICATION OF THE OWNER OR
OWNERS OF SUCH LANDMARKED REAL PROPERTY ON A FORM PRESCRIBED BY THE
STATE BOARD. THE APPLICATION SHALL BE FILED WITH THE ASSESSOR OF THE
COUNTY, CITY, TOWN OR VILLAGE HAVING POWER TO ASSESS PROPERTY FOR TAXA-
TION ON OR BEFORE THE APPROPRIATE TAXABLE STATUS DATE OF SUCH COUNTY,
CITY, TOWN OR VILLAGE.
5. SUCH EXEMPTION SHALL BE GRANTED WHERE THE ASSESSOR IS SATISFIED
THAT THE APPLICANT IS ENTITLED TO AN EXEMPTION PURSUANT TO THIS SECTION.
THE ASSESSOR SHALL APPROVE SUCH APPLICATION AND SUCH PROPERTY SHALL
THEREAFTER BE EXEMPT FROM TAXATION AND SPECIAL AD VALOREM LEVIES AS
HEREIN PROVIDED COMMENCING WITH THE ASSESSMENT ROLL PREPARED ON THE
BASIS OF THE TAXABLE STATUS DATE REFERRED TO IN SUBDIVISION FOUR OF THIS
SECTION. THE ASSESSED VALUE OF ANY EXEMPTION GRANTED PURSUANT TO THIS
SECTION SHALL BE ENTERED BY THE ASSESSOR ON THE ASSESSMENT ROLL WITH THE
TAXABLE PROPERTY, WITH THE AMOUNT OF THE EXEMPTION SHOWN IN A SEPARATE
COLUMN.
6. A COUNTY, CITY, TOWN OR VILLAGE BY LOCAL LAW OR A SCHOOL DISTRICT
BY RESOLUTION MAY REDUCE THE PERCENT OF THE EXEMPTION OTHERWISE ALLOWED
PURSUANT TO THIS SECTION.
S 2. This act shall take effect immediately and shall apply to assess-
ment rolls prepared on the basis of taxable status dates occurring on or
after such date.