S T A T E O F N E W Y O R K
________________________________________________________________________
4797
2009-2010 Regular Sessions
I N A S S E M B L Y
February 6, 2009
___________
Introduced by M. of A. ALESSI -- read once and referred to the Committee
on Ways and Means
AN ACT to amend the tax law, in relation to enacting the "Long Island
affordable workforce housing and community improvement program" by
providing tax incentives for the construction of affordable workforce
housing; and providing for the repeal of such provisions upon expira-
tion thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act shall be known or may be cited as the "Long Island
affordable workforce housing and community improvement program".
S 2. Subdivision (a) of section 1115 of the tax law is amended by
adding a new paragraph 44 to read as follows:
(44) (A) TANGIBLE PERSONAL PROPERTY SOLD TO A CONTRACTOR, SUBCONTRAC-
TOR OR REPAIRMAN FOR USE IN ERECTING ONE OR MORE STRUCTURES OR BUILDINGS
FOR THE PURPOSE OF PROVIDING FIVE OR MORE SINGLE FAMILY RESIDENTIAL
HOMES, FIVE OR MORE SINGLE FAMILY RESIDENTIAL UNITS, OR ANY COMBINATION
OF SUCH HOMES OR UNITS THAT TOTAL FIVE OR MORE; PROVIDED THAT:
(I) TEN PERCENT OF SUCH HOMES, UNITS OR COMBINATION THEREOF, ROUNDED
UP TO THE NEAREST WHOLE NUMBER, SHALL BE RESERVED FOR AFFORDABLE WORK-
FORCE HOUSING;
(II) SUCH HOMES, UNITS OR COMBINATION THEREOF RESERVED FOR AFFORDABLE
WORKFORCE HOUSING SHALL BE OF A DESIGN THAT IS REASONABLY CONSISTENT
WITH NON-AFFORDABLE WORKFORCE HOUSING; AND
(III) SUCH STRUCTURES OR BUILDINGS SHALL BE ERECTED IN A COUNTY WITH A
POPULATION OF MORE THAN ONE MILLION THREE HUNDRED THIRTY-FOUR THOUSAND
AND LESS THAN ONE MILLION THREE HUNDRED THIRTY-FIVE THOUSAND OR A COUNTY
WITH A POPULATION OF MORE THAN ONE MILLION FOUR HUNDRED NINETEEN THOU-
SAND AND LESS THAN ONE MILLION FOUR HUNDRED TWENTY THOUSAND ACCORDING TO
THE TWO THOUSAND FEDERAL DECENNIAL CENSUS.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08082-01-9
A. 4797 2
(B) NO EXEMPTION SHALL BE GRANTED PURSUANT TO THIS PARAGRAPH UNLESS
SUCH TANGIBLE PERSONAL PROPERTY IS TO BECOME AN INTEGRAL COMPONENT PART
OF SUCH STRUCTURES OR BUILDINGS.
(C) FOR PURPOSES OF THIS PARAGRAPH, THE TERM "AFFORDABLE WORKFORCE
HOUSING" SHALL MEAN HOUSING FOR INDIVIDUALS OR FAMILIES WHOSE INCOME IS
AT OR BELOW EIGHTY PERCENT OF THE MEDIAN INCOME FOR THE COUNTY IN WHICH
SUCH HOUSING IS LOCATED.
(D) THE DEPARTMENT IS HEREBY AUTHORIZED AND DIRECTED TO PROMULGATE
RULES AND REGULATIONS NECESSARY TO ESTABLISH THE MANNER, FORM AND PROCE-
DURES BY WHICH A CONTRACTOR, SUBCONTRACTOR OR REPAIRMAN MAY UTILIZE THE
EXEMPTION FROM SALES AND USE TAXES SET FORTH IN THIS PARAGRAPH. ANY
CONTRACTOR, SUBCONTRACTOR OR REPAIRMAN WHO FAILS TO USE SUCH EXEMPT
TANGIBLE PERSONAL PROPERTY IN COMPLIANCE WITH THE PROVISIONS OF THIS
PARAGRAPH SHALL BE SUBJECT TO A CIVIL PENALTY IN THE AMOUNT OF ONE THOU-
SAND DOLLARS PER VIOLATION.
(E) THE EXEMPTION SET FORTH IN THIS PARAGRAPH SHALL APPLY TO:
(I) THE STATE SHARE OF SALES AND COMPENSATING USE TAXES IMPOSED PURSU-
ANT TO THIS CHAPTER; AND
(II) THE COUNTY SHARE OF SALES AND COMPENSATING USE TAXES IMPOSED
PURSUANT TO THIS CHAPTER, PROVIDED THE GOVERNING BOARD OF SUCH COUNTY,
AFTER PUBLIC HEARING, ADOPTS A LOCAL LAW, ORDINANCE OR RESOLUTION
PROVIDING THEREFOR. ANY COUNTY ADOPTING A LOCAL LAW, ORDINANCE OR RESOL-
UTION PURSUANT TO THIS CLAUSE SHALL COMPLY WITH THE PROVISIONS OF SUBDI-
VISIONS (D) AND (E) OF SECTION TWELVE HUNDRED TEN OF THIS CHAPTER.
S 3. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law, and shall expire and
be deemed repealed December 31, 2017.