S T A T E   O F   N E W   Y O R K
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                                  8199

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              June 6, 2011
                               ___________

Introduced  by  M.  of  A.  V. LOPEZ,  CUSICK,  TOBACCO -- read once and
  referred to the Committee on Real Property Taxation

AN ACT to amend the real property tax law, in relation to  exemption  of
  newly  constructed  private homes from local taxation in cities with a
  population of one million or more

  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 CERTAIN PRIVATE HOMES FROM LOCAL TAXATION.    1.
FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOW-
ING MEANINGS:
  (A)  "COMMENCE  CONSTRUCTION" SHALL MEAN THAT THE AGENCY OR DEPARTMENT
OF THE CITY HAVING JURISDICTION HAS ISSUED A PERMIT FOR CONSTRUCTION  OF
A  PRIVATE HOME AND SUCH WORK HAS BEGUN IN GOOD FAITH IN ACCORDANCE WITH
SUCH PERMIT.
  (B) "COMPLETE CONSTRUCTION" SHALL MEAN THAT THE AGENCY  OR  DEPARTMENT
OF  THE  CITY  HAVING  JURISDICTION  HAS ISSUED A TEMPORARY OR PERMANENT
CERTIFICATE OF OCCUPANCY FOR ALL RESIDENTIAL AREAS OF THE PRIVATE HOME.
  (C) "ELIGIBLE PROJECT" SHALL MEAN A NEWLY  CONSTRUCTED  PRIVATE  HOME,
INCLUDING  BOTH LAND AND IMPROVEMENTS, TO BE OCCUPIED AS A RESIDENCE FOR
THE FIRST TIME, WHICH COMMENCES CONSTRUCTION ON OR AFTER JULY FIRST, TWO
THOUSAND TEN AND ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND  FOUR-
TEEN,  AND  COMPLETES  CONSTRUCTION NO LATER THAN DECEMBER THIRTY-FIRST,
TWO THOUSAND SIXTEEN, AND WHICH IS DESIGNED AND OCCUPIED EXCLUSIVELY FOR
RESIDENTIAL PURPOSES.
  (D) "EXEMPTION COMMENCEMENT DATE" SHALL MEAN THE FIRST TAXABLE  STATUS
DATE  AFTER THE LATER TO OCCUR OF THE COMPLETION OF SUCH CONSTRUCTION OR
THE SALE TO THE INITIAL PURCHASER OR, IN THE CASE OF A PRIVATE HOME IN A
CONDOMINIUM FORM OF OWNERSHIP, THE FIRST TAXABLE STATUS DATE  AFTER  THE
LATER TO OCCUR OF THE COMPLETION OF SUCH CONSTRUCTION OR THE SALE TO THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10569-03-1
              

A. 8199                             2

FIRST  INITIAL  PURCHASER OF A CONDOMINIUM DWELLING UNIT IN SUCH PRIVATE
HOME.
  (E)  "INITIAL  PURCHASER"  SHALL  MEAN  THE FIRST PURCHASER OF A NEWLY
CONSTRUCTED PRIVATE HOME OR, IN THE CASE OF A PRIVATE HOME IN  A  CONDO-
MINIUM  FORM  OF OWNERSHIP, THE FIRST PURCHASER OF EACH DWELLING UNIT IN
SUCH NEWLY CONSTRUCTED PRIVATE HOME.
  (F) "LOCAL HOUSING AGENCY" SHALL MEAN AN "AGENCY" AS DEFINED  PURSUANT
TO SECTION SIX HUNDRED NINETY-TWO OF THE GENERAL MUNICIPAL LAW.
  (G)  "PURCHASE  PRICE" SHALL MEAN THE ACTUAL PURCHASE PRICE TO BE PAID
FOR THE PRIVATE HOME BY THE INITIAL PURCHASER.
  (H) "MAXIMUM PURCHASE PRICE"  SHALL  MEAN  THE  PURCHASE  PRICE  OF  A
PRIVATE  HOME  WHICH,  IF  EXCEEDED, WILL MAKE ANY EXEMPTION PURSUANT TO
THIS SECTION UNAVAILABLE.
  (I) "MAXIMUM EXEMPTION AMOUNT" SHALL MEAN THE PORTION OF THE  PURCHASE
PRICE TO BE EXEMPTED FROM TAXATION OF: (I) SIX HUNDRED SEVENTY-ONE THOU-
SAND DOLLARS IN THE CASE OF A PRIVATE HOME CONTAINING ONE DWELLING UNIT,
(II) SEVEN HUNDRED FIFTY-FIVE THOUSAND FIVE HUNDRED FORTY DOLLARS IN THE
CASE OF A PRIVATE HOME CONTAINING TWO DWELLING UNITS, (III) NINE HUNDRED
FOURTEEN  THOUSAND  SEVEN HUNDRED FIFTY DOLLARS IN THE CASE OF A PRIVATE
HOME CONTAINING THREE DWELLING UNITS, AND  (IV)  FOUR  HUNDRED  THOUSAND
DOLLARS  FOR EACH INDIVIDUAL CONDOMINIUM UNIT IN THE CASE OF CONDOMINIUM
FORM OF OWNERSHIP  IN  A  PRIVATE  HOME.  THE  MAXIMUM  PURCHASE  PRICES
PROVIDED  IN  SUBPARAGRAPHS  (I), (II), (III) AND (IV) OF THIS PARAGRAPH
SHALL BE THE LIMIT FOR THE APPLICATION OF ANY  EXEMPTION  FROM  TAXATION
UNDER  THIS  SECTION.  NO EXEMPTION SHALL BE AVAILABLE WHERE THE MAXIMUM
PURCHASE PRICE EXEMPTION IS IN EXCESS OF  NINE  HUNDRED  FIFTY  THOUSAND
DOLLARS  FOR  A  ONE,  TWO OR THREE FAMILY PRIVATE HOME, OR FOUR HUNDRED
THOUSAND DOLLARS FOR AN INDIVIDUAL CONDOMINIUM UNIT.
  (J) "MULTIPLE DWELLING" SHALL MEAN  A  MULTIPLE  DWELLING  WITHIN  THE
MEANING OF SECTION FOUR OF THE MULTIPLE DWELLING LAW.
  (K)  "PRIVATE  HOME"  SHALL MEAN AN OWNER OCCUPIED PRIVATE OR MULTIPLE
DWELLING CONTAINING NOT MORE THAN THREE DWELLING UNITS, AS INDICATED  ON
THE CERTIFICATE OF OCCUPANCY FOR SUCH STRUCTURE.
  2.  (A)  WITHIN  A CITY HAVING A POPULATION OF ONE MILLION OR MORE, AN
ELIGIBLE PROJECT SHALL BE EXEMPT FROM ALL  LOCAL  AND  MUNICIPAL  TAXES,
OTHER  THAN  ASSESSMENTS  FOR LOCAL IMPROVEMENTS, DURING THE TAX YEAR OR
YEARS NEXT FOLLOWING THE EXEMPTION COMMENCEMENT DATE  AS  FOLLOWS:  WITH
RESPECT  TO  PRIVATE HOMES CONTAINING LESS THAN FOUR DWELLING UNITS, TWO
YEARS OF EXEMPTION  FROM  ALL  SUCH  TAXES;  FOLLOWED  BY  ONE  YEAR  OF
EXEMPTION  FROM SEVENTY-FIVE PERCENT OF SUCH TAXES; FOLLOWED BY ONE YEAR
OF EXEMPTION FROM SIXTY-TWO AND ONE-HALF PERCENT OF SUCH TAXES; FOLLOWED
BY ONE YEAR OF EXEMPTION FROM FIFTY PERCENT OF SUCH TAXES;  FOLLOWED  BY
ONE  YEAR  OF  EXEMPTION  FROM THIRTY-SEVEN AND ONE-HALF PERCENT OF SUCH
TAXES; FOLLOWED BY ONE YEAR OF EXEMPTION  FROM  TWENTY-FIVE  PERCENT  OF
SUCH  TAXES;  AND  FOLLOWED  BY  ONE  YEAR  OF EXEMPTION FROM TWELVE AND
ONE-HALF PERCENT OF SUCH TAXES.
  (B) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (A) OF  THIS  SUBDIVI-
SION,  EXEMPTION FROM LOCAL AND MUNICIPAL TAXES UNDER THIS SECTION SHALL
NOT BE AVAILABLE TO THE TAX LOT (LAND AND  IMPROVEMENTS)  UPON  WHICH  A
PRIVATE  HOME  IS  CONSTRUCTED  IF ANY PORTION OF SUCH TAX LOT (LAND AND
IMPROVEMENTS): (I) IS EXEMPT FROM LOCAL AND MUNICIPAL  TAXES  UNDER  ANY
OTHER PROVISION OF LAW; OR (II) CONTAINS A PRIVATE HOME THAT EXCEEDS THE
MAXIMUM  PURCHASE PRICE OR AN INDIVIDUAL CONDOMINIUM UNIT THAT EXCEEDS A
PURCHASE PRICE OF FOUR HUNDRED THOUSAND DOLLARS.
  (C) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (A) OF  THIS  SUBDIVI-
SION, THE TAX LOT (LAND AND IMPROVEMENTS) UPON WHICH THE PRIVATE HOME IS

A. 8199                             3

CONSTRUCTED  SHALL  AT ALL TIMES BE SUBJECT TO LOCAL AND MUNICIPAL TAXES
IN AN AMOUNT NOT LESS THAN THE AMOUNT OF LOCAL AND MUNICIPAL TAXES  THAT
WOULD  BE  PAYABLE THEREON BASED UPON THE ASSESSED VALUATION OF THE LAND
APPEARING  ON  THE ASSESSMENT ROLL IN THE FIRST YEAR AFTER COMPLETION OF
CONSTRUCTION.
  3. (A) BASED ON THE CERTIFICATION OF THE LOCAL HOUSING AGENCY PURSUANT
TO THIS SECTION CERTIFYING ELIGIBILITY FOR EXEMPTION  PURSUANT  TO  THIS
SECTION,  THE DEPARTMENT OF FINANCE OF THE CITY OF NEW YORK SHALL IMPLE-
MENT THE AMOUNT OF EXEMPTION FROM LOCAL AND MUNICIPAL TAXES.
  (B) THE LOCAL HOUSING AGENCY MAY PROMULGATE RULES AND  REGULATIONS  TO
CARRY  OUT  THE  PROVISIONS OF THIS SECTION AND MAY REQUIRE PAYMENT OF A
NON-REFUNDABLE FILING FEE IN THE  AMOUNT  OF  TWO  HUNDRED  DOLLARS  PER
DWELLING  UNIT  FOR  EACH APPLICATION FOR TAX EXEMPTION PURSUANT TO THIS
SECTION.
  (C) UPON A FINDING BY THE LOCAL HOUSING AGENCY OR  BY  ANOTHER  AGENCY
DESIGNATED BY SUCH LOCAL HOUSING AGENCY THAT A PRIVATE HOME IS NOT BEING
USED  FOR  RESIDENTIAL  PURPOSES,  IS  THE SUBJECT OF A VIOLATION FOR AN
ILLEGAL OCCUPANCY, OR NOT OWNER OCCUPIED, EXEMPTION FROM TAXATION  UNDER
THIS  SECTION  SHALL  BE  REVOKED  AND  SHALL  TERMINATE  PROSPECTIVELY;
PROVIDED, HOWEVER, THAT IN THE CASE OF AN ILLEGAL OCCUPANCY,  THE  OWNER
SHALL  REPAY  ALL TAXES, WITH INTEREST, FROM WHICH SUCH PRIVATE HOME WAS
EXEMPTED AND SUCH AMOUNT, IF UNPAID, SHALL BECOME A TAX LIEN AGAINST THE
PROPERTY.
  S 2. This act shall take effect immediately.