senate Bill S5197

2011-2012 Legislative Session

Authorizes the Schenectady city assessor to accept an application for a historical preservation real property tax exemption from Excelsior Development Partners LLC

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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 16, 2011 referred to real property taxation
delivered to assembly
passed senate
Jun 02, 2011 advanced to third reading
Jun 01, 2011 2nd report cal.
May 25, 2011 1st report cal.877
May 03, 2011 referred to local government

Votes

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S5197 - Bill Details

See Assembly Version of this Bill:
A7563
Current Committee:
Law Section:
Real Property Taxation

S5197 - Bill Texts

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Authorizes the Schenectady city assessor to accept an application for a historical preservation real property tax exemption from Excelsior Development Partners LLC for rehabilitation of the former Woodlawn School.

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BILL NUMBER:S5197

TITLE OF BILL:
An act
to authorize the assessor of the city of Schenectady to accept an
application for a real property tax exemption for certain property in
the city of Schenectady, county of Schenectady

PURPOSE:
This bill permits the City of Schenectady to accept a late application
for a historic property rehabilitation exemption related to the
conversion of an old school building into apartments. If accepted,
the bill allows the exemption to be granted and any applicable taxes,
fines, penalties and liens to be cancelled.

SUMMARY OF PROVISIONS:
This bill permits the Schenectady City Assessor to accept an
application from Excelsior Development Partners for an exemption from
real property taxes under Section 444-a of the Real Property Tax Law,
which provides a temporary exemption for the rehabilitation of
historic property. If accepted, such application shall be reviewed as
if it had been received on or before the taxable status date and as
if the alterations or rehabilitation of such property had been
completed subsequent to the effective date of the exemption.

JUSTIFICATION:
Section 444-a of the RPTL seeks to encourage the rehabilitation of
historic properties by allowing, at local option, a 10 year tax
exemption, with the value of the exemption phasing down over such
period.

In 2000, the City of Schenectady adopted a local law to opt into this
program. Over the years, the exemption was applied to both city taxes
and school taxes.

In 2008, Excelsior Development Partners initiated a project to convert
an old school building into apartments, restoring the building to
productive use and helping to revitalize the neighborhood. The
company sought the historic property tax exemption, with the
financial viability of the project, as well as the rents charged to
tenants, being based on receiving such
exemption. Although the company received the exemption on its city
taxes, it was discovered that the School District had never opted
into this program and therefore the company did not receive the
exemption on its school taxes.

The company subsequently met with officials from the City and from the
School District,
and the City School Board agreed to opt into the historic property
rehabilitation program, as well as several other local option
property tax exemption programs. However, at that point the taxable
status date had already passed. This bill would resolve this problem
by providing the City Assessor with the ability to accept a late
application for this specific property.

FISCAL IMPLICATIONS:None


LOCAL FISCAL IMPLICATIONS:There is no fiscal impact
for the City of
Schenectady, which has been allowing this particular tax exemption
since 2000. The City School District has agreed to provide this tax
exemption as well. The District will forego some revenue, but will
benefit in the long term from the project which returned an old
abandoned school into a new productive use as an apartment complex.

EFFECTIVE DATE:Immediately

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

                                  5197

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 3, 2011
                               ___________

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

AN ACT to authorize the assessor of the city of Schenectady to accept an
  application for a real property tax exemption for certain property  in
  the city of Schenectady, county of Schenectady

  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 city of Schenectady is hereby authorized  to  accept
from the Excelsior Development Partners LLC an application for exemption
from  real property taxes pursuant to section 444-a of the real property
tax law, for the parcel known as the former Woodlawn School  located  at
103  Kings  Road,  city of Schenectady, county of Schenectady, otherwise
known as Schenectady county tax map section 60.38, block 2, lot 1.21. If
accepted, the application shall be reviewed as if it had  been  received
on  or before the taxable status date established for such rolls and the
alterations or rehabilitation of such property had been completed subse-
quent to the effective date of any local law or  resolution  authorizing
such exemption.
  If  satisfied  that  such  entity  would otherwise be entitled to such
exemption if such entity had filed an application for exemption  by  the
appropriate taxable status date, the assessor, upon approval by the city
of Schenectady, may make appropriate correction to the applicable rolls.
If such exemption is granted and such entity, 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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11241-01-1

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