S T A T E O F N E W Y O R K
________________________________________________________________________
10071
I N A S S E M B L Y
May 2, 2012
___________
Introduced by M. of A. SILVER, GOTTFRIED, FARRELL, DINOWITZ, O'DONNELL,
PERRY, MARKEY -- Multi-Sponsored by -- M. of A. BRAUNSTEIN, BRENNAN,
CLARK, COLTON, CYMBROWITZ, GLICK, HEASTIE, HIKIND, V. LOPEZ, MILLMAN,
NOLAN, ORTIZ, SCARBOROUGH, WEINSTEIN -- read once and referred to the
Committee on Real Property Taxation
AN ACT to amend the real property tax law, in relation to partial abate-
ment of real property taxes
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subparagraph (xvi) of paragraph (c) of subdivision 2 of
section 467-a of the real property tax law, as added by chapter 109 of
he laws of 2008, is amended and four new subparagraphs (xvii), (xviii),
(xix) and (xx) are added to read as follows:
(xvi) twenty-five percent in the fiscal year commencing in calendar
year two thousand eleven[.];
(XVII) TWENTY-FIVE PERCENT IN THE FISCAL YEAR COMMENCING IN CALENDAR
YEAR TWO THOUSAND TWELVE;
(XVIII) TWENTY-FIVE PERCENT IN THE FISCAL YEAR COMMENCING IN CALENDAR
YEAR TWO THOUSAND THIRTEEN;
(XIX) TWENTY-FIVE PERCENT IN THE FISCAL YEAR COMMENCING IN CALENDAR
YEAR TWO THOUSAND FOURTEEN;
(XX) TWENTY-FIVE PERCENT IN THE FISCAL YEAR COMMENCING IN CALENDAR
YEAR TWO THOUSAND FIFTEEN.
S 2. Subparagraph (xvi) of paragraph (d) of subdivision 2 of section
467-a of the real property tax law, as added by chapter 109 of the laws
of 2008, is amended and four new subparagraphs (xvii), (xviii), (xix)
and (xx) are added to read as follows:
(xvi) seventeen and one-half percent in the fiscal year commencing in
calendar year two thousand eleven[.];
(XVII) SEVENTEEN AND ONE-HALF PERCENT IN THE FISCAL YEAR COMMENCING IN
CALENDAR YEAR TWO THOUSAND TWELVE;
(XVIII) SEVENTEEN AND ONE-HALF PERCENT IN THE FISCAL YEAR COMMENCING
IN CALENDAR YEAR TWO THOUSAND THIRTEEN;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15543-01-2
A. 10071 2
(XIX) SEVENTEEN AND ONE-HALF PERCENT IN THE FISCAL YEAR COMMENCING IN
CALENDAR YEAR TWO THOUSAND FOURTEEN;
(XX) SEVENTEEN AND ONE-HALF PERCENT IN THE FISCAL YEAR COMMENCING IN
CALENDAR YEAR TWO THOUSAND FIFTEEN.
S 3. Paragraphs (a) and (c) of subdivision 3 of section 467-a of the
real property tax law, as amended by chapter 109 of the laws of 2008,
are amended to read as follows:
(a) An application for an abatement pursuant to this section for the
fiscal year commencing in calendar year nineteen hundred ninety-six
shall be made no later than the fifteenth day of September, nineteen
hundred ninety-six. An application for an abatement pursuant to this
section for the fiscal year commencing in calendar year nineteen hundred
ninety-seven shall be made no later than the first day of April, nine-
teen hundred ninety-seven. An application for an abatement pursuant to
this section for the fiscal year commencing in calendar year nineteen
hundred ninety-eight shall be made no later than the first day of April,
nineteen hundred ninety-eight. An application for an abatement pursuant
to this section for the fiscal year commencing in calendar year nineteen
hundred ninety-nine shall be made in accordance with this subdivision
and subdivision three-a of this section. An application for an abatement
pursuant to this section for the fiscal year commencing in calendar year
two thousand shall be made no later than the fifteenth day of February,
two thousand. An application for an abatement pursuant to this section
for the fiscal year commencing in calendar year two thousand one shall
be made in accordance with this subdivision and subdivision three-b of
this section. An application for an abatement pursuant to this section
for the fiscal year commencing in calendar year two thousand two shall
be made no later than the fifteenth day of February, two thousand two.
An application for an abatement pursuant to this section for the fiscal
year commencing in calendar year two thousand three shall be made no
later than the fifteenth day of February, two thousand three. An appli-
cation for an abatement pursuant to this section for the fiscal year
commencing in calendar year two thousand four shall be made in accord-
ance with this subdivision and subdivision three-c of this section. An
application for an abatement pursuant to this section for the fiscal
year commencing in calendar year two thousand five shall be made no
later than the fifteenth day of February, two thousand five. An applica-
tion for an abatement pursuant to this section for the fiscal year
commencing in calendar year two thousand six shall be made no later than
the fifteenth day of February, two thousand six. An application for an
abatement pursuant to this section for the fiscal year commencing in
calendar year two thousand seven shall be made no later than the
fifteenth day of February, two thousand seven. An application for abate-
ment pursuant to this section for the fiscal year commencing in calendar
year two thousand eight shall be made in accordance with this subdivi-
sion and subdivision three-d of this section. An application for an
abatement pursuant to this section for the fiscal year commencing in
calendar year two thousand nine shall be made no later than the
fifteenth day of February, two thousand nine. An application for an
abatement pursuant to this section for the fiscal year commencing in
calendar year two thousand ten shall be made no later than the fifteenth
day of February, two thousand ten. An application for an abatement
pursuant to this section for the fiscal year commencing in calendar year
two thousand eleven shall be made no later than the fifteenth day of
February, two thousand eleven. AN APPLICATION FOR ABATEMENT PURSUANT TO
THIS SECTION FOR THE FISCAL YEAR COMMENCING IN CALENDAR YEAR TWO THOU-
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SAND TWELVE SHALL BE MADE IN ACCORDANCE WITH THIS SUBDIVISION AND SUBDI-
VISION THREE-E OF THIS SECTION. AN APPLICATION FOR AN ABATEMENT PURSUANT
TO THIS SECTION FOR THE FISCAL YEAR COMMENCING IN CALENDAR YEAR TWO
THOUSAND THIRTEEN SHALL BE MADE NO LATER THAN THE FIFTEENTH DAY OF
FEBRUARY, TWO THOUSAND THIRTEEN. AN APPLICATION FOR AN ABATEMENT PURSU-
ANT TO THIS SECTION FOR THE FISCAL YEAR COMMENCING IN CALENDAR YEAR TWO
THOUSAND FOURTEEN SHALL BE MADE NO LATER THEN THE FIFTEENTH DAY OF
FEBRUARY, TWO THOUSAND FOURTEEN. AN APPLICATION FOR AN ABATEMENT PURSU-
ANT TO THIS SECTION FOR THE FISCAL YEAR COMMENCING IN CALENDAR YEAR TWO
THOUSAND FIFTEEN SHALL BE MADE NO LATER THEN THE FIFTEENTH DAY OF FEBRU-
ARY, TWO THOUSAND FIFTEEN.
(c) No abatement pursuant to this section shall be granted unless the
applicant files an application for an abatement within the time periods
prescribed in paragraph (a) of this subdivision or subdivision three-a,
three-b, three-c [or], three-d OR THREE-E of this section, provided,
however, that the commissioner of finance may, for good cause shown,
extend the time for filing an application.
S 4. Paragraph (h) of subdivision 3 of section 467-a of the real prop-
erty tax law, as amended by chapter 109 of the laws of 2008, is amended
to read as follows:
(h) Notwithstanding any other provision of law to the contrary, appli-
cation by the board of directors of a cooperative apartment corporation
for an abatement pursuant to this section for either the fiscal year
commencing in calendar year two thousand five or the fiscal year
commencing in the calendar year two thousand six or the fiscal year
commencing in the calendar year two thousand seven or the fiscal year
commencing in the calendar year two thousand eight or the fiscal year
commencing in the calendar year two thousand nine or the fiscal year
commencing in the calendar year two thousand ten or the fiscal year
commencing in the calendar year two thousand eleven OR THE FISCAL YEAR
COMMENCING IN THE CALENDAR YEAR TWO THOUSAND TWELVE OR THE FISCAL YEAR
COMMENCING IN THE CALENDAR YEAR TWO THOUSAND THIRTEEN OR THE FISCAL YEAR
COMMENCING IN THE CALENDAR YEAR TWO THOUSAND FOURTEEN OR THE FISCAL YEAR
COMMENCING IN THE CALENDAR YEAR TWO THOUSAND FIFTEEN shall be made by
the filing of an information return pursuant to subdivision (g) of
section 11-2105 of the administrative code of the city of New York, as
added by local law number fifty-eight of the city of New York for the
year nineteen hundred eighty-nine, including an election by such board
of directors that such information return be deemed an application for
an abatement pursuant to this section for such fiscal year, provided,
however, that where the board of directors files an application on
behalf of a cooperative apartment corporation that is not receiving an
abatement pursuant to this section for the fiscal year immediately
preceding the fiscal year for which the application is filed, then the
board of directors shall be required to file, in addition to the infor-
mation return pursuant to subdivision (g) of section 11-2105 of the
administrative code of the city of New York, as added by local law
number fifty-eight of the city of New York for the year nineteen hundred
eighty-nine, any information return covering a reporting period begin-
ning on or after January first, nineteen hundred ninety-six, that has
not been filed previously. Information returns that are deemed to be
applications for an abatement pursuant to this paragraph shall be
subject to the provisions of this section relating to such applications
including, but not limited to, the provisions of this subdivision and
subdivision four of this section.
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S 5. Section 467-a of the real property tax law is amended by adding a
new subdivision 3-e to read as follows:
3-E. (A) AN APPLICANT WHOSE PROPERTY DID NOT RECEIVE AN ABATEMENT
PURSUANT TO THIS SECTION FOR THE FISCAL YEAR COMMENCING IN CALENDAR YEAR
TWO THOUSAND ELEVEN SHALL SUBMIT AN APPLICATION FOR AN ABATEMENT PURSU-
ANT TO THIS SECTION FOR THE FISCAL YEAR COMMENCING IN CALENDAR YEAR TWO
THOUSAND TWELVE NO LATER THAN SIXTY DAYS FOLLOWING THE EFFECTIVE DATE OF
THIS SUBDIVISION.
(B) THE ABATEMENT FOR THE FISCAL YEAR COMMENCING IN CALENDAR YEAR TWO
THOUSAND TWELVE OF A COOPERATIVE APARTMENT CORPORATION THAT RECEIVED AN
ABATEMENT PURSUANT TO THIS SECTION FOR THE FISCAL YEAR COMMENCING IN
CALENDAR YEAR TWO THOUSAND ELEVEN AND THAT SUBMITTED AN INFORMATION
RETURN ON OR BEFORE FEBRUARY FIFTEENTH, TWO THOUSAND TWELVE, THAT
INCLUDED AN ELECTION BY THE BOARD OF DIRECTORS OF SUCH COOPERATIVE
APARTMENT CORPORATION THAT SUCH INFORMATION RETURN BE DEEMED AN APPLICA-
TION FOR AN ABATEMENT PURSUANT TO THIS SECTION FOR SUCH FISCAL YEAR,
SHALL BE BASED ON THE INFORMATION CONTAINED IN SUCH INFORMATION RETURN.
(C) THE ABATEMENT FOR THE FISCAL YEAR COMMENCING IN CALENDAR YEAR TWO
THOUSAND TWELVE OF A COOPERATIVE APARTMENT CORPORATION THAT RECEIVED AN
ABATEMENT PURSUANT TO THIS SECTION FOR THE FISCAL YEAR COMMENCING IN
CALENDAR YEAR TWO THOUSAND ELEVEN AND THAT SUBMITTED AN INFORMATION
RETURN ON OR BEFORE FEBRUARY FIFTEENTH, TWO THOUSAND TWELVE, THAT DID
NOT INCLUDE AN ELECTION BY THE BOARD OF DIRECTORS OF SUCH COOPERATIVE
APARTMENT CORPORATION THAT SUCH INFORMATION RETURN BE DEEMED AN APPLICA-
TION FOR AN ABATEMENT PURSUANT TO THIS SECTION FOR SUCH FISCAL YEAR,
SHALL BE BASED ON THE INFORMATION CONTAINED IN THE APPLICATION SUBMITTED
IN TWO THOUSAND ELEVEN OR ON THE INFORMATION CONTAINED IN SUCH INFORMA-
TION RETURN, OR BOTH, PROVIDED THAT NOTHING IN THIS PARAGRAPH SHALL
AUTHORIZE OR REQUIRE THE COMMISSIONER OF FINANCE TO GRANT AN ABATEMENT
WITH RESPECT TO A PROPERTY OR A DWELLING UNIT THAT IS NOT ELIGIBLE AS OF
THE APPLICABLE TAXABLE STATUS DATE FOR THE FISCAL YEAR COMMENCING IN
CALENDAR YEAR TWO THOUSAND TWELVE.
(D) THE BOARD OF MANAGERS OF A CONDOMINIUM THAT RECEIVED AN ABATEMENT
PURSUANT TO THIS SECTION FOR THE FISCAL YEAR COMMENCING IN CALENDAR YEAR
TWO THOUSAND ELEVEN SHALL SUBMIT AN APPLICATION FOR AN ABATEMENT PURSU-
ANT TO THIS SECTION FOR THE FISCAL YEAR COMMENCING IN CALENDAR YEAR TWO
THOUSAND TWELVE NO LATER THAN SIXTY DAYS FOLLOWING THE EFFECTIVE DATE OF
THIS SUBDIVISION. IF SUCH BOARD OF MANAGERS DOES NOT SUBMIT SUCH APPLI-
CATION WITHIN SIXTY DAYS FOLLOWING THE EFFECTIVE DATE OF THIS SUBDIVI-
SION, THEN THE ABATEMENT FOR THE FISCAL YEAR COMMENCING IN CALENDAR YEAR
TWO THOUSAND TWELVE FOR SUCH CONDOMINIUM SHALL BE BASED ON THE INFORMA-
TION CONTAINED IN THE APPLICATION SUBMITTED IN TWO THOUSAND ELEVEN,
PROVIDED THAT NOTHING IN THIS PARAGRAPH SHALL AUTHORIZE OR REQUIRE THE
COMMISSIONER OF FINANCE TO GRANT AN ABATEMENT WITH RESPECT TO A PROPERTY
OR A DWELLING UNIT THAT IS NOT ELIGIBLE AS OF THE APPLICABLE TAXABLE
STATUS DATE FOR THE FISCAL YEAR COMMENCING IN CALENDAR YEAR TWO THOUSAND
TWELVE.
S 6. The city of New York shall present a plan to the legislature, no
later than February 1, 2016, containing recommendations to address the
disparity in real property taxation between residential real property in
class one and residential real property in class two held in the cooper-
ative or condominium form of ownership.
S 7. This act shall take effect immediately.