senate Bill S5557B

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

Sponsored By

Archive: Last Bill Status Via A8173 - Signed by Governor


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

do you support this bill?

Actions

view actions (20)
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
Jun 19, 2012 substituted by a8173b
Jun 11, 2012 amended on third reading (t) 5557b
Jun 11, 2012 vote reconsidered - restored to third reading
Jun 08, 2012 returned to senate
recalled from assembly
Feb 29, 2012 referred to real property taxation
delivered to assembly
passed senate
Feb 15, 2012 amended on third reading 5557a
Feb 13, 2012 advanced to third reading
Feb 07, 2012 2nd report cal.
Feb 06, 2012 1st report cal.168
Jan 04, 2012 referred to local government
Jun 01, 2011 referred to local government

Votes

view votes

Feb 6, 2012 - Local Government committee Vote

S5557
8
0
committee
8
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Committee Vote: Feb 6, 2012

Bill Amendments

Original
A
B (Active)
Original
A
B (Active)

S5557 - Bill Details

See Assembly Version of this Bill:
A8173B
Law Section:
Real Property Tax Law
Laws Affected:
Add §421-l, RPT L

S5557 - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S5557

TITLE OF BILL:
An act
to amend the real property tax law, in relation to a partial tax
exemption for new residential construction or improvements to qualified
residential structures in certain towns

PURPOSE:
To allow the Town of Evans in Erie County to implement a residential
property tax abatement program.

SUMMARY OF PROVISIONS:
Section 1. Authorizes the Town of Evans to enact a partial residential
tax abatement for the improvement, modification or construction of
one to three family homes that raise said home's assessed value by at
least $10,000. In the first year of the program, 50% of the assessed
value is abated, to a maximum of $150,000. This abatement is
decreased by 10% each year i.e. only 40% of the increased assessed
value is abated in the second year, etc.

Section 2. Enacting clause.

JUSTIFICATION:
In January 2007, the Town of Evans Economic Development Committee
formed a Subcommittee to address the issue of static or declining new
housing construction in the Town of Evans. The Subcommittee
identified the implementation of a temporary residential tax
abatement program as a critical first step in spurring economic
development throughout the Town.

New housing starts in Evans have been static or declining over the
past 5 years. This new program is expected to improve and maintain
quality housing stock, encourage renovation, rehabilitation or
replacement of residential property, increase owner occupied
dwellings, counter blight, improve the town's tax base, and improve
the quality of life for neighborhood residents.

The Town of Evans, The Village of Angola, and the Board of Education
for the Evans Brant Central School District have passed Home Rule
resolutions requesting authorization to implement the proposed
residential investment exemption.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None to the state.

LOCAL FISCAL IMPLICATIONS:

With the growth of modifications, expansions and renovations to
existing houses in the Town of Evans, the partial tax abatement this
legislation provides will lead to a growth in revenues.

EFFECTIVE DATE:
This act shall take effect immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5557

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              June 1, 2011
                               ___________

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

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

S. 5557                             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

S. 5557                             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.

S5557A - Bill Details

See Assembly Version of this Bill:
A8173B
Law Section:
Real Property Tax Law
Laws Affected:
Add §421-l, RPT L

S5557A - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S5557A

TITLE OF BILL:
An act
to amend the real property tax law, in relation to a partial tax
exemption for new residential construction or improvements to qualified
residential structures in certain towns

PURPOSE:
To allow the Town of Evans in Erie County to implement a residential
property tax abatement program.

SUMMARY OF PROVISIONS:
Section 1. Authorizes the Town of Evans to enact a partial residential
tax abatement for the improvement, modification or construction of
one to three family homes that raise said home's assessed value by at
least $10,000. In the first year of the program, 50% of the assessed
value is abated, to a maximum of $150,000. This abatement is
decreased by 10% each year i.e. only 40% of the increased assessed
value is abated in the second year, etc.

Section 2. Enacting clause.

JUSTIFICATION:
In January 2007, the Town of Evans Economic Development Committee
formed a Subcommittee to address the issue of static or declining new
housing construction in the Town of Evans. The Subcommittee
identified the implementation of a temporary residential tax
abatement program as a critical first step in spurring economic
development throughout the Town.

New housing starts in Evans have been static or declining over the
past 5 years. This new program is expected to improve and maintain
quality housing stock, encourage renovation, rehabilitation or
replacement of residential property, increase owner occupied
dwellings, counter blight, improve the town's tax base, and improve
the quality of life for neighborhood residents.

The Town of Evans, The Village of Angola, and the Board of Education
for the Evans Brant Central School District have passed Home Rule
resolutions requesting authorization to implement the proposed
residential investment exemption.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None to the state.

LOCAL FISCAL IMPLICATIONS:
With the growth of modifications, expansions and renovations to
existing houses in the Town of Evans, the partial tax abatement this
legislation provides will lead to a growth in revenues.

EFFECTIVE DATE:
This act shall take effect immediately.


view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5557--A
    Cal. No. 168

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              June 1, 2011
                               ___________

Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Local Government -- recom-
  mitted 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,  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 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.
                                                           LBD11781-03-2

S. 5557--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.

S. 5557--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.

S5557B (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A8173B
Law Section:
Real Property Tax Law
Laws Affected:
Add §421-l, RPT L

S5557B (ACTIVE) - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S5557B

TITLE OF BILL:
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

PURPOSE:
To allow the Town of Evans in Erie County to implement a residential
property tax abatement program.

SUMMARY OF PROVISIONS:
Section 1. Authorizes the Town of Evans to enact a partial residential
tax abatement for the improvement or modification of one to three
family homes that raise said home's assessed value by at least
$10,000. In the first year of the program, 50% of the assessed value
is abated, to a maximum of $150,000. This abatement is decreased by
10% each year i.e. only 40% of the increased assessed value is abated
in the second year, etc.

Section 2. Enacting clause.

JUSTIFICATION:
In January 2007, the Town of Evans Economic Development Committee
formed a Subcommittee that identified the implementation of a
temporary residential tax abatement program as a critical first step
in spurring economic development throughout the Town.

This new program is expected to improve and maintain quality housing
stock, encourage renovation, rehabilitation or replacement of
residential property, increase owner occupied dwellings, counter
blight, improve the town's tax base, and improve the quality of life
for neighborhood residents.

The Town of Evans, The Village of Angola, and the Board of Education
for the Evans Brant Central School District have passed Home Rule
resolutions requesting authorization to implement the proposed
residential investment exemption.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None to the state.

LOCAL FISCAL IMPLICATIONS:
With the growth of modifications, expansions and renovations to
existing houses in the Town of Evans, the partial tax abatement this
legislation provides will lead to a growth in revenues.

EFFECTIVE DATE:
This act shall take effect immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5557--B
    Cal. No. 168

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              June 1, 2011
                               ___________

Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Local Government -- recom-
  mitted 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,  amended  and
  ordered  reprinted,  retaining its place in the order of 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 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11781-06-2

S. 5557--B                          2

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
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

S. 5557--B                          3

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
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.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.