S T A T E   O F   N E W   Y O R K
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                                 3853--A
    Cal. No. 595

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              April 2, 2009
                               ___________

Introduced by Sens. KRUEGER, HUNTLEY, THOMPSON -- read twice and ordered
  printed,  and  when  printed to be committed to the Committee on Local
  Government -- recommitted to the  Committee  on  Local  Government  in
  accordance  with Senate Rule 6, sec. 8 -- reported favorably from said
  committee, ordered to first and second  report,  ordered  to  a  third
  reading,  passed  by  Senate  and delivered to the Assembly, recalled,
  vote reconsidered, restored to  third  reading,  amended  and  ordered
  reprinted, retaining its place in the order of third reading

AN  ACT  to amend the real property tax law, in relation to providing an
  owner of a dwelling unit access to tax abatement applications  submit-
  ted on behalf of the condominium

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

  Section 1. Subdivision 4 of section 467-a of  the  real  property  tax
law,  as added by chapter 273 of the laws of 1996, is amended to read as
follows:
  4. Except in accordance with proper judicial  order  or  as  otherwise
provided by law, neither the commissioner of finance, nor any officer or
employee of a department of finance of a city having a population of one
million  or  more,  nor any person who, pursuant to this subdivision, is
authorized to inspect the application or statements in connection there-
with required by this section, shall disclose or make known the contents
of any such application or statements. Except as provided in this subdi-
vision, the officers charged with the custody of any such application or
statements shall not be required  to  produce  them  in  any  action  or
proceeding  in  any court or before any administrative tribunal, but any
such application or statements may be produced on behalf of the  depart-
ment  of  finance.  NOTHING  IN  THIS  SUBDIVISION SHALL BE CONSTRUED TO
PROHIBIT DELIVERY TO AN OWNER OF A DWELLING UNIT OF A PROPERTY  SITUATED
IN  A  CITY  HAVING A POPULATION OF ONE MILLION OR MORE OF A COPY OF ANY
APPLICATION OR STATEMENTS PERTAINING TO SUCH DWELLING UNIT, UPON REQUEST

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

                                                           LBD10102-02-0

S. 3853--A                          2

AND WITH PERSONALLY IDENTIFYING INFORMATION REDACTED.  Nothing  in  this
subdivision  shall  be construed to prohibit the delivery of a certified
copy of any such application or statements to the United States of Amer-
ica  or  any department thereof, the state of New York or any department
thereof, or a city having a population of one million  or  more  or  any
department  thereof,  provided  any  such  application or statements are
required for official business; nor to prohibit the inspection for offi-
cial business of any such application or statements by the  tax  commis-
sion  of  a  city  having a population of one million or more, or by the
corporation counsel or other legal representative of  a  city  having  a
population  of one million or more, or by any person engaged or retained
by the department of finance on an independent contract  basis;  nor  to
prohibit  the  publication of statistics so classified as to prevent the
[indentification] IDENTIFICATION of any particular application or state-
ments. The foregoing provisions of this subdivision prohibiting  disclo-
sure  of  the  contents of applications or statements shall not apply to
physical data relating to the property described therein.
  S 2. Subdivision 8 of section 467-a of the real property tax  law,  as
amended  by  chapter  97  of  the  laws  of  2004, is amended to read as
follows:
  8. [The] EXCEPT TO THE EXTENT THAT THE OWNER OF A DWELLING UNIT  OF  A
PROPERTY  SITUATED  IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE
MAY REQUEST A REDACTED COPY OF ANY APPLICATION OR STATEMENTS  PERTAINING
TO  SUCH DWELLING UNIT, AS PROVIDED IN SUBDIVISION FOUR OF THIS SECTION,
THE information contained in applications or  statements  in  connection
therewith filed with the commissioner of finance pursuant to subdivision
three,  three-a, three-b or three-c of this section shall not be subject
to disclosure under article six of the public officers law.
  S 3. This act shall take effect on the thirtieth day  after  it  shall
have become a law.