Assembly Bill A8173

Signed By Governor

2011-2012 Legislative Session

Authorizes certain municipalities to approve a partial tax exemption for reconstruction, alterations or improvements to qualified residential structures

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

View Actions

Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 18, 2012	signed chap.122
Jul 06, 2012	delivered to governor
Jun 19, 2012	returned to assembly passed senate 3rd reading cal.168 substituted for s5557b referred to rules delivered to senate passed assembly
Jun 18, 2012	ordered to third reading rules cal.348 rules report cal.348 reported reported referred to rules
Jun 12, 2012	reported referred to ways and means
Jun 07, 2012	print number 8173b
Jun 07, 2012	amend (t) and recommit to real property taxation
Mar 01, 2012	print number 8173a
Mar 01, 2012	amend and recommit to real property taxation
Jan 04, 2012	referred to real property taxation
Jun 03, 2011	referred to real property taxation

Votes

- Jun 19, 2012 - Floor Vote
  A8173
  
  Aye
  
  59
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  3
  
  Abstained
  
  0
  - - Floor Vote: Jun 19, 2012
      
      aye (59)
      
      Adams
      
      Addabbo Jr.
      
      Avella
      
      Ball
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Duane
      
      Farley
      
      Flanagan
      
      Fuschillo
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Grisanti
      
      Hannon
      
      Hassell-Thompson
      
      Johnson
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Libous
      
      Little
      
      Marcellino
      
      Martins
      
      Maziarz
      
      McDonald
      
      Montgomery
      
      Nozzolio
      
      O'Mara
      
      Oppenheimer
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Storobin
      
      Valesky
      
      Young
      
      Zeldin
      
      excused (3)
      
      Alesi
      
      Espaillat
      
      Huntley

Bill Amendments

Original

B (Active)

2011-A8173 - Details

Law Section:: Real Property Tax Law
Laws Affected:: Add §421-l, RPT L

2011-A8173 - Summary

Authorizes certain municipalities to approve a partial tax exemption for reconstruction, alterations or improvements to qualified residential structures.

2011-A8173 - Bill Text download pdf

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

                                  8173

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              June 3, 2011
                               ___________

Introduced by M. of A. SMARDZ -- read once and referred to the Committee
  on Real Property Taxation

AN  ACT to amend the real property tax law, in relation to a partial tax
  exemption for new residential construction or improvements  to  quali-
  fied residential structures in certain towns

  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 421-1 to read as follows:
  S 421-1. EXEMPTION OF NEW CONSTRUCTION AND IMPROVEMENTS TO RESIDENTIAL
BUILDINGS  IN  CERTAIN TOWNS. 1. RESIDENTIAL BUILDINGS SITUATED WITHIN A
TOWN WITH A POPULATION OF NOT LESS THAN SEVENTEEN THOUSAND FIVE  HUNDRED
NINETY-FOUR  AND  NOT MORE THAN SEVENTEEN THOUSAND SIX HUNDRED FOURTEEN,
SITUATED IN A COUNTY WITH A POPULATION OF NOT  LESS  THAN  NINE  HUNDRED
NINETEEN THOUSAND FORTY AND NOT MORE THAN NINE HUNDRED NINETEEN THOUSAND
SIXTY,  BASED  UPON  THE  TWO  THOUSAND FEDERAL CENSUS THAT HOUSE ONE TO
THREE FAMILIES AND WHICH HAVE BEEN NEWLY CONSTRUCTED OR IMPROVED  SUBSE-
QUENT  TO  THE EFFECTIVE DATE OF A LOCAL LAW OR RESOLUTION PASSED BY THE
GOVERNING BOARD OF SUCH TOWN  AFTER  PUBLIC  HEARING  PURSUANT  TO  THIS
SECTION  SHALL  BE EXEMPT FROM TAXATION AND SPECIAL AD VALOREM LEVIES TO
THE EXTENT PROVIDED HEREINAFTER. A COPY OF SUCH LOCAL LAW OR  RESOLUTION
SHALL BE FILED WITH THE COMMISSIONER AND THE ASSESSOR OF SUCH TOWN.
  2.  SUCH RESIDENTIAL REAL PROPERTY SHALL BE EXEMPT FOR A PERIOD OF ONE
YEAR TO THE EXTENT OF FIFTY PER CENTUM OF THE INCREASE IN ASSESSED VALUE
THEREOF ATTRIBUTABLE TO SUCH CONSTRUCTION  OR  IMPROVEMENT  AND  FOR  AN
ADDITIONAL PERIOD OF FOUR YEARS SUBJECT TO THE FOLLOWING:
  (I)  THE EXTENT OF SUCH EXEMPTION SHALL BE DECREASED BY TEN PER CENTUM
OF THE "EXEMPTION BASE" EACH YEAR DURING SUCH ADDITIONAL FOUR-YEAR PERI-
OD, SUCH THAT DURING YEAR TWO THERE SHALL BE AN EXEMPTION OF  FORTY  PER
CENTUM  OF  THE  INCREASE IN ASSESSED VALUE THEREOF ATTRIBUTABLE, DURING
YEAR THREE THERE SHALL BE AN EXEMPTION  OF  THIRTY  PER  CENTUM  OF  THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11781-02-1

A. 8173                             2

INCREASE  IN  ASSESSED  VALUE  THEREOF  ATTRIBUTABLE, IN YEAR FOUR THERE
SHALL BE AN EXEMPTION OF TWENTY PER CENTUM OF THE INCREASE  IN  ASSESSED
VALUE  THEREOF ATTRIBUTABLE AND IN YEAR FIVE THERE SHALL BE AN EXEMPTION
OF  TEN  PER  CENTUM OF THE INCREASE IN ASSESSED VALUE THEREOF ATTRIBUT-
ABLE;
  (II) THE "EXEMPTION BASE" SHALL BE THE INCREASE IN ASSESSED VALUE  DUE
TO NEW CONSTRUCTION OR IMPROVEMENTS AS DETERMINED BY THE ASSESSOR IN THE
INITIAL  YEAR  OF  SUCH  FIVE-YEAR  PERIOD  FOLLOWING  THE  FILING OF AN
ORIGINAL APPLICATION;
  (III) A QUALIFIED IMPROVEMENT SHALL HAVE INCREASED THE ASSESSED  VALUE
OF  THE  REAL  PROPERTY BY AT LEAST TEN THOUSAND DOLLARS, WITH A MAXIMUM
PERMITTED EXEMPTION NOT TO EXCEED ONE HUNDRED  FIFTY  THOUSAND  DOLLARS;
AND
  (IV)  AN  EXEMPTION  FOR  NEW CONSTRUCTION SHALL APPLY TO THE ASSESSED
VALUE OF THE REAL PROPERTY IN EXCESS OF ONE  HUNDRED  THOUSAND  DOLLARS,
WITH A MAXIMUM PERMITTED EXEMPTION NOT TO EXCEED ONE HUNDRED FIFTY THOU-
SAND DOLLARS.
  3. FOR PURPOSES OF THIS SECTION, "CONSTRUCTION" OR "IMPROVEMENT" SHALL
NOT INCLUDE ORDINARY MAINTENANCE AND REPAIRS.
  4.  EXEMPTIONS  GRANTED  PURSUANT  TO THIS SECTION SHALL APPLY TO REAL
PROPERTY TAXES IMPOSED FOR TOWN, VILLAGE AND SCHOOL DISTRICT PURPOSES.
  5. ANY OWNER OF A ONE TO THREE FAMILY RESIDENCE WITHIN A TOWN  WITH  A
POPULATION  OF NOT LESS THAN SEVENTEEN THOUSAND FIVE HUNDRED NINETY-FOUR
AND NOT MORE THAN SEVENTEEN THOUSAND SIX HUNDRED FOURTEEN, SITUATED IN A
COUNTY WITH A POPULATION OF NOT LESS THAN NINE HUNDRED NINETEEN THOUSAND
FORTY AND NOT MORE THAN NINE HUNDRED NINETEEN THOUSAND SIXTY, BASED UPON
THE TWO THOUSAND FEDERAL CENSUS SHALL QUALIFY FOR AN EXEMPTION  PURSUANT
TO  THIS  SECTION,  INCLUDING  OWNERS WHO DO NOT OCCUPY SUCH RESIDENCES,
INDIVIDUALS, PARTNERSHIPS AND LIMITED LIABILITY CORPORATIONS. EXEMPTIONS
GRANTED PURSUANT TO THIS SECTION ARE  NOT  TRANSFERABLE  FROM  OWNER  TO
ANOTHER IF THE REAL PROPERTY IS SOLD OR TRANSFERRED DURING THE EXEMPTION
PERIOD.
  6. NO SUCH EXEMPTION SHALL BE GRANTED UNLESS:
  (A)  SUCH  NEW CONSTRUCTION OR IMPROVEMENT WAS COMMENCED SUBSEQUENT TO
THE EFFECTIVE DATE OF THE LOCAL LAW OR RESOLUTION ADOPTED BY  SUCH  TOWN
WITH A POPULATION OF NOT LESS THAN SEVENTEEN THOUSAND FIVE HUNDRED NINE-
TY-FOUR AND NOT MORE THAN SEVENTEEN THOUSAND SIX HUNDRED FOURTEEN, SITU-
ATED  IN  A COUNTY WITH A POPULATION OF NOT LESS THAN NINE HUNDRED NINE-
TEEN THOUSAND FORTY AND NOT MORE THAN  NINE  HUNDRED  NINETEEN  THOUSAND
SIXTY,  BASED  UPON THE TWO THOUSAND FEDERAL CENSUS PURSUANT TO SUBDIVI-
SION ONE OF THIS SECTION;
  (B) THE OWNER OF REAL PROPERTY APPLYING FOR SUCH EXEMPTION HAS  SATIS-
FIED ALL OUTSTANDING TOWN, COUNTY AND SCHOOL TAX OBLIGATIONS; AND
  (C)  SUCH  NEW CONSTRUCTION OR IMPROVEMENT IS DOCUMENTED BY A BUILDING
PERMIT, IF REQUIRED, FOR THE IMPROVEMENTS OR OTHER APPROPRIATE  DOCUMEN-
TATION AS REQUIRED BY THE TOWN ASSESSOR AND/OR CODE ENFORCEMENT OFFICER.
  7.  SUCH EXEMPTION SHALL BE GRANTED ONLY UPON APPLICATION BY THE OWNER
OF SUCH REAL PROPERTY ON A FORM PRESCRIBED  BY  THE  COMMISSIONER.  SUCH
APPLICATION  SHALL BE FILED WITH THE ASSESSOR ON OR BEFORE THE APPROPRI-
ATE TAXABLE STATUS DATE OF SUCH TOWN AND WITHIN ONE YEAR AFTER THE  DATE
OF COMPLETION OF SUCH CONSTRUCTION OR IMPROVEMENT.
  8.  IF SATISFIED THAT THE APPLICANT IS ENTITLED TO AN EXEMPTION PURSU-
ANT TO THIS SECTION, THE ASSESSOR SHALL APPROVE THE APPLICATION AND SUCH
BUILDING SHALL THEREAFTER BE EXEMPT FROM TAXATION AND SPECIAL AD VALOREM
LEVIES BY THE TOWN AS PROVIDED  IN  THIS  SECTION  COMMENCING  WITH  THE
ASSESSMENT  ROLL  PREPARED  ON  THE  BASIS  OF  THE  TAXABLE STATUS DATE

A. 8173                             3

REFERRED TO IN SUBDIVISION SEVEN OF THIS  SECTION.  THE  ASSESSOR  SHALL
ENTER  THE  ASSESSED  VALUE  OF  ANY  EXEMPTION GRANTED PURSUANT TO THIS
SECTION ON THE ASSESSMENT ROLL FOR THE TAXABLE PROPERTY, WITH THE AMOUNT
OF THE EXEMPTION SHOWN IN A SEPARATE COLUMN.
  9.  IN  THE  EVENT THAT REAL PROPERTY GRANTED AN EXEMPTION PURSUANT TO
THIS SECTION CEASES TO BE USED  PRIMARILY  FOR  ELIGIBLE  PURPOSES,  THE
EXEMPTION GRANTED PURSUANT TO THIS SECTION SHALL CEASE.
  10. SUCH TOWN SHALL BE PERMITTED BY LOCAL LAW TO REDUCE THE PERCENTAGE
OF  EXEMPTION  OTHERWISE ALLOWABLE BY SUBDIVISION TWO OF THIS SECTION OR
INCREASE THE REQUIRED MINIMUM ASSESSED VALUES SET  FORTH  IN  PARAGRAPHS
(III)  AND  (IV)  OF  SUBDIVISION  TWO  OF THIS SECTION, PROVIDED THAT A
PROJECT IN THE COURSE  OF  CONSTRUCTION  OR  IMPROVEMENT  SHALL  NOT  BE
SUBJECT TO SUCH AMENDMENTS.
  S 2. This act shall take effect immediately.

2011-A8173A - Details

Law Section:: Real Property Tax Law
Laws Affected:: Add §421-l, RPT L

2011-A8173A - Summary

Authorizes certain municipalities to approve a partial tax exemption for reconstruction, alterations or improvements to qualified residential structures.

2011-A8173A - Bill Text download pdf

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

                                 8173--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              June 3, 2011
                               ___________

Introduced by M. of A. SMARDZ -- read once and referred to the Committee
  on  Real  Property  Taxation  --  recommitted to the Committee on Real
  Property Taxation in accordance  with  Assembly  Rule  3,  sec.  2  --
  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 a partial  tax
  exemption  for  new residential construction or improvements to quali-
  fied residential structures in certain towns

  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 421-1 to read as follows:
  S 421-1. EXEMPTION OF NEW CONSTRUCTION AND IMPROVEMENTS TO RESIDENTIAL
BUILDINGS IN CERTAIN TOWNS. 1. RESIDENTIAL BUILDINGS SITUATED  WITHIN  A
TOWN  WITH A POPULATION OF NOT LESS THAN SEVENTEEN THOUSAND FIVE HUNDRED
NINETY-FOUR AND NOT MORE THAN SEVENTEEN THOUSAND SIX  HUNDRED  FOURTEEN,
SITUATED  IN  A  COUNTY  WITH A POPULATION OF NOT LESS THAN NINE HUNDRED
FORTY-NINE THOUSAND TWO  HUNDRED  SIXTY-FIVE  AND  NOT  MORE  THAN  NINE
HUNDRED  FIFTY-ONE  THOUSAND  TWO HUNDRED SIXTY-FIVE, BASED UPON THE TWO
THOUSAND FEDERAL CENSUS THAT HOUSE ONE TO THREE FAMILIES AND WHICH  HAVE
BEEN NEWLY CONSTRUCTED OR IMPROVED SUBSEQUENT TO THE EFFECTIVE DATE OF A
LOCAL LAW OR RESOLUTION PASSED BY THE GOVERNING BOARD OF SUCH TOWN AFTER
PUBLIC  HEARING  PURSUANT  TO THIS SECTION SHALL BE EXEMPT FROM TAXATION
AND SPECIAL AD VALOREM LEVIES TO THE EXTENT PROVIDED HEREINAFTER. A COPY
OF SUCH LOCAL LAW OR RESOLUTION SHALL BE FILED WITH THE COMMISSIONER AND
THE ASSESSOR OF SUCH TOWN.
  2. SUCH RESIDENTIAL REAL PROPERTY SHALL BE EXEMPT FOR A PERIOD OF  ONE
YEAR TO THE EXTENT OF FIFTY PER CENTUM OF THE INCREASE IN ASSESSED VALUE
THEREOF  ATTRIBUTABLE  TO  SUCH  CONSTRUCTION  OR IMPROVEMENT AND FOR AN
ADDITIONAL PERIOD OF FOUR YEARS SUBJECT TO THE FOLLOWING:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11781-04-2

A. 8173--A                          2

  (I) THE EXTENT OF SUCH EXEMPTION SHALL BE DECREASED BY TEN PER  CENTUM
OF THE "EXEMPTION BASE" EACH YEAR DURING SUCH ADDITIONAL FOUR-YEAR PERI-
OD,  SUCH  THAT DURING YEAR TWO THERE SHALL BE AN EXEMPTION OF FORTY PER
CENTUM OF THE INCREASE IN ASSESSED VALUE  THEREOF  ATTRIBUTABLE,  DURING
YEAR  THREE  THERE  SHALL  BE  AN  EXEMPTION OF THIRTY PER CENTUM OF THE
INCREASE IN ASSESSED VALUE THEREOF  ATTRIBUTABLE,  IN  YEAR  FOUR  THERE
SHALL  BE  AN EXEMPTION OF TWENTY PER CENTUM OF THE INCREASE IN ASSESSED
VALUE THEREOF ATTRIBUTABLE AND IN YEAR FIVE THERE SHALL BE AN  EXEMPTION
OF  TEN  PER  CENTUM OF THE INCREASE IN ASSESSED VALUE THEREOF ATTRIBUT-
ABLE;
  (II) THE "EXEMPTION BASE" SHALL BE THE INCREASE IN ASSESSED VALUE  DUE
TO NEW CONSTRUCTION OR IMPROVEMENTS AS DETERMINED BY THE ASSESSOR IN THE
INITIAL  YEAR  OF  SUCH  FIVE-YEAR  PERIOD  FOLLOWING  THE  FILING OF AN
ORIGINAL APPLICATION;
  (III) A QUALIFIED IMPROVEMENT SHALL HAVE INCREASED THE ASSESSED  VALUE
OF  THE  REAL  PROPERTY BY AT LEAST TEN THOUSAND DOLLARS, WITH A MAXIMUM
PERMITTED EXEMPTION NOT TO EXCEED ONE HUNDRED  FIFTY  THOUSAND  DOLLARS;
AND
  (IV)  AN  EXEMPTION  FOR  NEW CONSTRUCTION SHALL APPLY TO THE ASSESSED
VALUE OF THE REAL PROPERTY IN EXCESS OF ONE  HUNDRED  THOUSAND  DOLLARS,
WITH A MAXIMUM PERMITTED EXEMPTION NOT TO EXCEED ONE HUNDRED FIFTY THOU-
SAND DOLLARS.
  3. FOR PURPOSES OF THIS SECTION, "CONSTRUCTION" OR "IMPROVEMENT" SHALL
NOT INCLUDE ORDINARY MAINTENANCE AND REPAIRS.
  4.  EXEMPTIONS  GRANTED  PURSUANT  TO THIS SECTION SHALL APPLY TO REAL
PROPERTY TAXES IMPOSED FOR TOWN, VILLAGE AND SCHOOL DISTRICT PURPOSES.
  5. ANY OWNER OF A ONE TO THREE FAMILY RESIDENCE WITHIN A TOWN  WITH  A
POPULATION  OF NOT LESS THAN SEVENTEEN THOUSAND FIVE HUNDRED NINETY-FOUR
AND NOT MORE THAN SEVENTEEN THOUSAND SIX HUNDRED FOURTEEN, SITUATED IN A
COUNTY WITH A POPULATION OF NOT LESS THAN NINE HUNDRED FORTY-NINE  THOU-
SAND  TWO  HUNDRED  SIXTY-FIVE  AND NOT MORE THAN NINE HUNDRED FIFTY-ONE
THOUSAND TWO HUNDRED SIXTY-FIVE, BASED UPON  THE  TWO  THOUSAND  FEDERAL
CENSUS  SHALL QUALIFY FOR AN EXEMPTION PURSUANT TO THIS SECTION, INCLUD-
ING OWNERS WHO DO NOT OCCUPY SUCH RESIDENCES, INDIVIDUALS,  PARTNERSHIPS
AND  LIMITED LIABILITY CORPORATIONS. EXEMPTIONS GRANTED PURSUANT TO THIS
SECTION ARE NOT TRANSFERABLE FROM OWNER TO ANOTHER IF THE REAL  PROPERTY
IS SOLD OR TRANSFERRED DURING THE EXEMPTION PERIOD.
  6. NO SUCH EXEMPTION SHALL BE GRANTED UNLESS:
  (A)  SUCH  NEW CONSTRUCTION OR IMPROVEMENT WAS COMMENCED SUBSEQUENT TO
THE EFFECTIVE DATE OF THE LOCAL LAW OR RESOLUTION ADOPTED BY  SUCH  TOWN
WITH A POPULATION OF NOT LESS THAN SEVENTEEN THOUSAND FIVE HUNDRED NINE-
TY-FOUR AND NOT MORE THAN SEVENTEEN THOUSAND SIX HUNDRED FOURTEEN, SITU-
ATED  IN A COUNTY WITH A POPULATION OF NOT LESS THAN NINE HUNDRED FORTY-
NINE THOUSAND TWO HUNDRED SIXTY-FIVE AND  NOT  MORE  THAN  NINE  HUNDRED
FIFTY-ONE  THOUSAND  TWO HUNDRED SIXTY-FIVE, BASED UPON THE TWO THOUSAND
FEDERAL CENSUS PURSUANT TO SUBDIVISION ONE OF THIS SECTION;
  (B) THE OWNER OF REAL PROPERTY APPLYING FOR SUCH EXEMPTION HAS  SATIS-
FIED ALL OUTSTANDING TOWN, COUNTY AND SCHOOL TAX OBLIGATIONS; AND
  (C)  SUCH  NEW CONSTRUCTION OR IMPROVEMENT IS DOCUMENTED BY A BUILDING
PERMIT, IF REQUIRED, FOR THE IMPROVEMENTS OR OTHER APPROPRIATE  DOCUMEN-
TATION AS REQUIRED BY THE TOWN ASSESSOR AND/OR CODE ENFORCEMENT OFFICER.
  7.  SUCH EXEMPTION SHALL BE GRANTED ONLY UPON APPLICATION BY THE OWNER
OF SUCH REAL PROPERTY ON A FORM PRESCRIBED  BY  THE  COMMISSIONER.  SUCH
APPLICATION  SHALL BE FILED WITH THE ASSESSOR ON OR BEFORE THE APPROPRI-
ATE TAXABLE STATUS DATE OF SUCH TOWN AND WITHIN ONE YEAR AFTER THE  DATE
OF COMPLETION OF SUCH CONSTRUCTION OR IMPROVEMENT.

A. 8173--A                          3

  8.  IF SATISFIED THAT THE APPLICANT IS ENTITLED TO AN EXEMPTION PURSU-
ANT TO THIS SECTION, THE ASSESSOR SHALL APPROVE THE APPLICATION AND SUCH
BUILDING SHALL THEREAFTER BE EXEMPT FROM TAXATION AND SPECIAL AD VALOREM
LEVIES BY THE TOWN AS PROVIDED  IN  THIS  SECTION  COMMENCING  WITH  THE
ASSESSMENT  ROLL  PREPARED  ON  THE  BASIS  OF  THE  TAXABLE STATUS DATE
REFERRED TO IN SUBDIVISION SEVEN OF THIS  SECTION.  THE  ASSESSOR  SHALL
ENTER  THE  ASSESSED  VALUE  OF  ANY  EXEMPTION GRANTED PURSUANT TO THIS
SECTION ON THE ASSESSMENT ROLL FOR THE TAXABLE PROPERTY, WITH THE AMOUNT
OF THE EXEMPTION SHOWN IN A SEPARATE COLUMN.
  9. IN THE EVENT THAT REAL PROPERTY GRANTED AN  EXEMPTION  PURSUANT  TO
THIS  SECTION  CEASES  TO  BE  USED PRIMARILY FOR ELIGIBLE PURPOSES, THE
EXEMPTION GRANTED PURSUANT TO THIS SECTION SHALL CEASE.
  10. SUCH TOWN SHALL BE PERMITTED BY LOCAL LAW TO REDUCE THE PERCENTAGE
OF EXEMPTION OTHERWISE ALLOWABLE BY SUBDIVISION TWO OF THIS  SECTION  OR
INCREASE  THE  REQUIRED  MINIMUM ASSESSED VALUES SET FORTH IN PARAGRAPHS
(III) AND (IV) OF SUBDIVISION TWO  OF  THIS  SECTION,  PROVIDED  THAT  A
PROJECT  IN  THE  COURSE  OF  CONSTRUCTION  OR  IMPROVEMENT SHALL NOT BE
SUBJECT TO SUCH AMENDMENTS.
  S 2. This act shall take effect immediately.

2011-A8173B (ACTIVE) - Details

Law Section:: Real Property Tax Law
Laws Affected:: Add §421-l, RPT L

2011-A8173B (ACTIVE) - Summary

Authorizes certain municipalities to approve a partial tax exemption for reconstruction, alterations or improvements to qualified residential structures.

2011-A8173B (ACTIVE) - Bill Text download pdf

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

                                 8173--B

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              June 3, 2011
                               ___________

Introduced by M. of A. SMARDZ -- read once and referred to the Committee
  on  Real  Property  Taxation  --  recommitted to the Committee on Real
  Property Taxation in accordance  with  Assembly  Rule  3,  sec.  2  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee -- again reported  from  said  committee
  with  amendments, ordered reprinted as amended and recommitted to said
  committee

AN ACT to amend the real property tax law, in relation to a partial  tax
  exemption for reconstruction, alterations or improvements to qualified
  residential structures in certain municipalities

  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 421-l to read as follows:
  S 421-L. EXEMPTION OF CAPITAL IMPROVEMENTS TO RESIDENTIAL BUILDINGS IN
CERTAIN TOWNS. 1. RESIDENTIAL BUILDINGS DESIGNED AND OCCUPIED EXCLUSIVE-
LY  FOR  RESIDENTIAL  PURPOSES  BY NOT MORE THAN THREE FAMILIES THAT ARE
RECONSTRUCTED, ALTERED OR IMPROVED SUBSEQUENT TO THE EFFECTIVE DATE OF A
LOCAL LAW OR RESOLUTION PURSUANT TO THIS SECTION SHALL  BE  EXEMPT  FROM
TAXATION AND SPECIAL AD VALOREM LEVIES TO THE EXTENT PROVIDED HEREINAFT-
ER.   AFTER A PUBLIC HEARING, THE GOVERNING BOARD OF A TOWN WITH A POPU-
LATION OF NOT LESS THAN SIXTEEN THOUSAND THREE  HUNDRED  FIFTY  AND  NOT
MORE  THAN  SIXTEEN  THOUSAND  THREE HUNDRED SIXTY, SITUATED IN A COUNTY
WITH A POPULATION OF NOT LESS THAN NINE HUNDRED  NINETEEN  THOUSAND  AND
NOT MORE THAN NINE HUNDRED NINETEEN THOUSAND ONE HUNDRED, BASED UPON THE
TWO  THOUSAND  TEN  FEDERAL  CENSUS,  MAY ADOPT A LOCAL LAW TO GRANT THE
EXEMPTION  AUTHORIZED  PURSUANT  TO  THIS  SECTION.  SUBSEQUENT  TO  THE
ADOPTION  OF SUCH A LOCAL LAW, THE COUNTY IN WHICH SUCH TOWN IS LOCATED,
ANY VILLAGE LOCATED WITHIN SUCH TOWN AND ANY SCHOOL DISTRICT ALL OR PART
OF WHICH IS LOCATED WITHIN SUCH TOWN MAY LIKEWISE EXEMPT  SUCH  PROPERTY
FROM  ITS TAXATION AND SPECIAL AD VALOREM LEVIES BY LOCAL LAW, OR IN THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11781-05-2

A. 8173--B                          2

CASE OF A SCHOOL DISTRICT, BY RESOLUTION IN THE SAME MANNER AND  TO  THE
SAME EXTENT AS THE TOWN.  A COPY OF SUCH LOCAL LAWS OR RESOLUTIONS SHALL
BE FILED WITH THE COMMISSIONER AND APPROPRIATE ASSESSOR.
  2.  SUCH RESIDENTIAL REAL PROPERTY SHALL BE EXEMPT FOR A PERIOD OF ONE
YEAR TO THE EXTENT OF FIFTY PER CENTUM OF THE INCREASE IN ASSESSED VALUE
THEREOF ATTRIBUTABLE TO SUCH RECONSTRUCTION, ALTERATION  OR  IMPROVEMENT
AND FOR AN ADDITIONAL PERIOD OF FOUR YEARS SUBJECT TO THE FOLLOWING:
  (I)  THE EXTENT OF SUCH EXEMPTION SHALL BE DECREASED BY TEN PER CENTUM
OF THE "EXEMPTION BASE" EACH YEAR DURING SUCH ADDITIONAL FOUR-YEAR PERI-
OD, SUCH THAT DURING YEAR TWO THERE SHALL BE AN EXEMPTION OF  FORTY  PER
CENTUM  OF  THE  INCREASE IN ASSESSED VALUE THEREOF ATTRIBUTABLE, DURING
YEAR THREE THERE SHALL BE AN EXEMPTION  OF  THIRTY  PER  CENTUM  OF  THE
INCREASE  IN  ASSESSED  VALUE  THEREOF  ATTRIBUTABLE, IN YEAR FOUR THERE
SHALL BE AN EXEMPTION OF TWENTY PER CENTUM OF THE INCREASE  IN  ASSESSED
VALUE  THEREOF ATTRIBUTABLE AND IN YEAR FIVE THERE SHALL BE AN EXEMPTION
OF TEN PER CENTUM OF THE INCREASE IN ASSESSED  VALUE  THEREOF  ATTRIBUT-
ABLE;
  (II)  THE "EXEMPTION BASE" SHALL BE THE INCREASE IN ASSESSED VALUE DUE
TO RECONSTRUCTION, ALTERATIONS OR  IMPROVEMENTS  AS  DETERMINED  BY  THE
ASSESSOR  IN  THE  INITIAL  YEAR  OF SUCH FIVE-YEAR PERIOD FOLLOWING THE
FILING OF AN ORIGINAL APPLICATION; AND
  (III) A QUALIFIED RECONSTRUCTION, ALTERATION OR IMPROVEMENT SHALL HAVE
INCREASED THE ASSESSED VALUE OF THE REAL PROPERTY BY AT LEAST TEN  THOU-
SAND  DOLLARS,  WITH  A  MAXIMUM  PERMITTED  EXEMPTION NOT TO EXCEED ONE
HUNDRED FIFTY THOUSAND DOLLARS.
  3. FOR PURPOSES OF THIS  SECTION,  "RECONSTRUCTION",  "ALTERATION"  OR
"IMPROVEMENT" SHALL NOT INCLUDE ORDINARY MAINTENANCE AND REPAIRS.
  4.  ANY  OWNER  OF  A ONE TO THREE FAMILY RESIDENCE MAY QUALIFY FOR AN
EXEMPTION PURSUANT TO THIS SECTION, INCLUDING OWNERS WHO DO  NOT  OCCUPY
SUCH  RESIDENCES, INDIVIDUALS, PARTNERSHIPS AND LIMITED LIABILITY CORPO-
RATIONS. EXEMPTIONS GRANTED PURSUANT TO THIS SECTION ARE NOT  TRANSFERA-
BLE  FROM  OWNER  TO ANOTHER IF THE REAL PROPERTY IS SOLD OR TRANSFERRED
DURING THE EXEMPTION PERIOD.
  5. NO SUCH EXEMPTION SHALL BE GRANTED UNLESS:
  (A) SUCH  RECONSTRUCTION,  ALTERATION  OR  IMPROVEMENT  WAS  COMMENCED
SUBSEQUENT  TO THE EFFECTIVE DATE OF THE LOCAL LAW OR RESOLUTION ADOPTED
BY A TOWN, COUNTY, VILLAGE OR SCHOOL DISTRICT  PURSUANT  TO  SUBDIVISION
ONE OF THIS SECTION;
  (B)  THE OWNER OF REAL PROPERTY APPLYING FOR SUCH EXEMPTION HAS SATIS-
FIED ALL OUTSTANDING TOWN, COUNTY, VILLAGE AND SCHOOL  TAX  OBLIGATIONS;
AND
  (C)  SUCH RECONSTRUCTION, ALTERATION OR IMPROVEMENT IS DOCUMENTED BY A
BUILDING PERMIT, IF REQUIRED, FOR THE IMPROVEMENTS OR OTHER  APPROPRIATE
DOCUMENTATION  AS REQUIRED BY THE ASSESSOR AND/OR CODE ENFORCEMENT OFFI-
CER.
  6. SUCH EXEMPTION SHALL BE GRANTED ONLY UPON APPLICATION BY THE  OWNER
OF  SUCH  REAL  PROPERTY  ON A FORM PRESCRIBED BY THE COMMISSIONER. SUCH
APPLICATION SHALL BE FILED WITH THE ASSESSOR ON OR BEFORE THE  APPROPRI-
ATE TAXABLE STATUS DATE AND WITHIN ONE YEAR AFTER THE DATE OF COMPLETION
OF SUCH RECONSTRUCTION, ALTERATION OR IMPROVEMENT.
  7.  IF SATISFIED THAT THE APPLICANT IS ENTITLED TO AN EXEMPTION PURSU-
ANT TO THIS SECTION, THE ASSESSOR SHALL APPROVE THE APPLICATION AND SUCH
BUILDING SHALL THEREAFTER BE EXEMPT FROM TAXATION AND SPECIAL AD VALOREM
LEVIES AS PROVIDED IN THIS SECTION COMMENCING WITH THE  ASSESSMENT  ROLL
PREPARED ON THE BASIS OF THE TAXABLE STATUS DATE REFERRED TO IN SUBDIVI-
SION SIX OF THIS SECTION. THE ASSESSOR SHALL ENTER THE ASSESSED VALUE OF

A. 8173--B                          3

ANY  EXEMPTION  GRANTED  PURSUANT TO THIS SECTION ON THE ASSESSMENT ROLL
FOR THE TAXABLE PROPERTY, WITH THE AMOUNT OF THE EXEMPTION  SHOWN  IN  A
SEPARATE COLUMN.
  8.  IN  THE  EVENT THAT REAL PROPERTY GRANTED AN EXEMPTION PURSUANT TO
THIS SECTION CEASES TO BE USED  PRIMARILY  FOR  ELIGIBLE  PURPOSES,  THE
EXEMPTION GRANTED PURSUANT TO THIS SECTION SHALL CEASE.
  9. SUCH TOWN, COUNTY, VILLAGE OR SCHOOL DISTRICT SHALL BE PERMITTED BY
LOCAL  LAW  TO REDUCE THE PERCENTAGE OF EXEMPTION OTHERWISE ALLOWABLE BY
SUBDIVISION TWO  OF  THIS  SECTION  OR  INCREASE  THE  REQUIRED  MINIMUM
ASSESSED  VALUES SET FORTH IN PARAGRAPH (III) OF SUBDIVISION TWO OF THIS
SECTION, PROVIDED THAT A PROJECT IN THE COURSE OF RECONSTRUCTION, ALTER-
ATION OR IMPROVEMENT SHALL NOT BE SUBJECT TO SUCH AMENDMENTS.
  S 2. This act shall take effect immediately.

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Assembly Bill A8173

Signed By Governor

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Archive: Last Bill Status - Signed by Governor

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Jun 19, 2012 - Floor Vote

Floor Vote: Jun 19, 2012

Bill Amendments

2011-A8173 - Details

2011-A8173 - Summary

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2011-A8173A - Details

2011-A8173A - Summary

2011-A8173A - Bill Text download pdf

2011-A8173B (ACTIVE) - Details

2011-A8173B (ACTIVE) - Summary

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Assembly Bill A8173

Signed By Governor

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Archive: Last Bill Status - Signed by Governor

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Bill Amendments

2011-A8173 - Details

2011-A8173 - Summary

2011-A8173 - Bill Text download pdf

2011-A8173A - Details

2011-A8173A - Summary

2011-A8173A - Bill Text download pdf

2011-A8173B (ACTIVE) - Details

2011-A8173B (ACTIVE) - Summary

2011-A8173B (ACTIVE) - Bill Text download pdf

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