senate Bill S4392

2011-2012 Legislative Session

Authorizes the CDCLI Housing Development Corporation to retroactively apply for a real property tax exemption

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to local government
returned to senate
died in assembly
Jun 14, 2011 referred to real property taxation
delivered to assembly
passed senate
ordered to third reading cal.1229
Jun 13, 2011 committee discharged and committed to rules
Apr 04, 2011 referred to local government

Votes

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S4392 - Bill Details

See Assembly Version of this Bill:
A8406
Current Committee:
Senate Local Government
Law Section:
Real Property Taxation
Versions Introduced in 2009-2010 Legislative Session:
S4167, A4853

S4392 - Bill Texts

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Authorizes the CDCLI Housing Development Fund Corporation to retroactively apply for a real property tax exemption for certain property in the town of Brookhaven, county of Suffolk.

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BILL NUMBER:S4392

TITLE OF BILL:

An act
to authorize the CDCLI
Housing Development Fund Corporation to retroactively apply for a real
property tax exemption for certain property in the town of Brookhaven,
county of Suffolk

PURPOSE OR GENERAL IDEA OF THE BILL:

To allow a retroactive application for real property tax exemption for
the CDCLI Housing Development Fund Corporation, a not-for-profit
corporation, for certain real property owned in the town of
Brookhaven, Suffolk County.

SUMMARY OF PROVISIONS:

Section 1 of the bill would authorize the assessor of the town of
Brookhaven, upon approval of the town board, to accept an application
for exemption from real property taxes as if made pursuant to §422
of the Real Property Tax Law. If satisfied that CDCLI Housing
Development Fund Corporation would otherwise have been entitled to
said exemption, the assessor, upon approval of the town board may, in
his or her sole discretion, provide for a refund or cancel all
remaining unpaid taxes, interest, related fines and penalties.

JUSTIFICATION:

CDCLI Housing Development Fund Corporation is an affiliate of
Community Development Corporation of Long Island and is a 501(c)3
entity organized under Article 11 of the New York Private Housing
Finance Law. CDCLI is committed to assisting families and small
businesses with services that support housing and economic
development. Since 1969, CDCLI has assisted more than 40,000 Long
Islanders and invested more than $270 million in their communities.

In 2002 and 2003 the CDCLI purchased ten single family homes scattered
throughout Brookhaven. The houses were purchased with the financial
assistance of federal grants to provide rental housing for homeless
and disabled families. The corporation has restricted rents and a
twenty year obligation to house this vulnerable population. Each
house carries a mortgage with a financial institution. For the first
time in FY2008 they are projecting a deficit in operating these
houses. The reason for this is that rents are not rising as fast as
their expenses and they expect that trend to continue throughout the
twenty year contract obligation. In order to continue to own and
operate the ten houses, CDCLI has made the decision to apply for a
property tax exemption available under the Real Property Tax Law.

CDCLI Housing Development Fund Corporation, a not-for-profit
organization pursuant to §420a of the Real Property Tax Law, acquired
title to the above-mentioned parcels of property and would otherwise
be entitled to a real property tax exemption on those parcels of
property if the corporation filed an application for the exemption on


or before the appropriate taxable status date. It is intended by this
bill to ameliorate the hardship that will be suffered by CDCLI
Housing Development Fund Corporation if it is required to pay the
property taxes due as described above.

LEGISLATIVE HISTORY:

2008: Passed Senate/Assembly Real Property Taxation Committee
2009-10:Senate Local Government Committee

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect immediately.

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

                                  4392

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              April 4, 2011
                               ___________

Introduced  by Sen. FLANAGAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Local Government

AN ACT to authorize the CDCLI Housing Development  Fund  Corporation  to
  retroactively  apply  for  a  real  property tax exemption for certain
  property in the town of Brookhaven, county of Suffolk

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

  Section 1. Notwithstanding any other provision of law to the contrary,
the  assessor  of  the town of Brookhaven is hereby authorized to accept
from the CDCLI Housing Development Fund Corporation  an  application  or
renewal  application  for exemption from real property taxes pursuant to
section 422 of the real property tax law for the 2006-2007 and 2007-2008
assessment rolls, for the parcels owned by  such  not-for-profit  entity
which  are  located  at  18  Sims  Street, Patchogue, otherwise known as
Suffolk county tax map number 0200-951-01-025.001; 262  Eastwood  Boule-
vard,  Centereach,  otherwise  known  as  Suffolk  county tax map number
0200-443-05-006;  563  Rowlinson  Drive,  Shirley,  otherwise  known  as
Suffolk  county  tax  map  number  0200-586-02-005; 37 Strafford Street,
Mastic,   otherwise   known   as   Suffolk   county   tax   map   number
0200-908-02-043;  9  Buckskin  Lane,  Selden, otherwise known as Suffolk
county tax map number 0200-336-0800-018; 132 Broadway,  Shirley,  other-
wise  known  as Suffolk county tax map number 0200-937-07-039; 2809 Gull
Avenue, Medford, otherwise known as Suffolk county tax map number  0200-
660-02-006;  35  Nantucket  Drive,  Medford,  otherwise known as Suffolk
county tax map number 0200-871-01-034;  183  Burney  Boulevard,  Mastic,
otherwise  known  as  Suffolk county tax map number 0200-645-02-028; and
101 Chanel Drive East, Shirley, otherwise known as  Suffolk  county  tax
map  number  0200-978-02-018,  all  in the town of Brookhaven, county of
Suffolk. If accepted, the applications or renewal applications shall  be
reviewed  as  if  they had been received on or before the taxable status
date established for such rolls.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10481-01-1

S. 4392                             2

  If satisfied that such not-for-profit organization would otherwise  be
entitled to such exemption if such not-for-profit organization had filed
an  application  or renewal application for exemption by the appropriate
taxable status date, the assessor, upon approval by the Brookhaven  town
board,  may  make  appropriate  correction to the subject rolls. If such
exemption is granted and such organization, therefore, shall  have  paid
any tax with respect to the subject rolls, the applicable governing body
or tax department may, in its sole discretion, provide for the refund of
those  taxes  paid  and  cancel those taxes, fines, penalties, liens, or
interest remaining unpaid.
  S 2. This act shall take effect immediately.

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