Assembly Bill A6852

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

                                  6852

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              April 5, 2011
                               ___________

Introduced  by  M.  of  A.  BRAUNSTEIN  -- read once and referred to the
  Committee on Real Property Taxation

AN ACT to amend the real property tax law, in  relation  to  classifying
  properties  held  in cooperative form for assessment purposes as class
  one properties

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

  Section 1. Paragraph class one of subdivision 1 of section 1802 of the
real property tax law, as amended by chapter 332 of the laws of 2008, is
amended to read as follows:
  Class  one: (a) all one, two and three family residential real proper-
ty, including such dwellings used in part  for  nonresidential  purposes
but  which  are  used  primarily  for residential purposes, [except such
property held in cooperative or condominium  forms  of  ownership  other
than (i) property defined in subparagraphs (b) and (c) of this paragraph
and  (ii) property which contains no more than three dwelling units held
in condominium form of ownership and which was  classified  within  this
class on a previous assessment roll; and] provided that, notwithstanding
the  provisions  of  paragraph  (g) of subdivision twelve of section one
hundred two of this chapter, a mobile home or a  trailer  shall  not  be
classified  within this class unless it is owner-occupied and separately
assessed; and (b) residential real property [not more than three stories
in height] held  in  COOPERATIVE  OR  condominium  form  of  ownership[,
provided  that  no dwelling unit therein previously was on an assessment
roll as a dwelling unit in other than condominium  form  of  ownership];
and  (c) residential real property consisting of one family house struc-
tures owned by the occupant, situated on land held in cooperative owner-
ship by owner occupiers, provided that; (i) such  house  structures  and
land  constituted  bungalow  colonies  in  existence  prior  to nineteen
hundred forty; and (ii) the land is held in  cooperative  ownership  for
the  sole  purpose  of maintaining one family residences for members own

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10152-03-1
              

A. 6852                             2

use; and (d) all vacant land located within  a  special  assessing  unit
which  is  a  city (i) other than such land in the borough of Manhattan,
provided that any such vacant land which is not zoned  residential  must
be situated immediately adjacent to property improved with a residential
structure  as defined in subparagraphs (a) and (b) of this paragraph, be
owned by the same owner as such immediately adjacent residential proper-
ty immediately prior to and since January 1, 1989, and have a total area
not exceeding 10,000 square feet; and (ii) located  in  the  borough  of
Manhattan  north  of  or  adjacent  to  the  north  side of 110th street
provided such vacant land  was  classified  within  this  class  on  the
assessment  roll  with  a taxable status date of January 5, 2008 and the
owner of such land has entered into a recorded agreement with a  govern-
mental  entity  on or before December 31, 2008 requiring construction of
housing affordable to persons or families of low  income  in  accordance
with  the provisions of the private housing finance law. Notwithstanding
the foregoing, such vacant land shall be classified according to its use
on the assessment roll with a taxable status date immediately  following
commencement of construction, provided further, that construction pursu-
ant  to  an approved plan for affordable housing shall commence no later
than December 31, 2010; and (e) all vacant land located within a special
assessing unit which is not a city, provided that such vacant land which
is not zoned residential must be situated immediately adjacent  to  real
property  defined  in subparagraph (a), (b) or (c) of this paragraph and
be owned by the same person or persons who own the real property defined
in such subparagraph immediately prior to and since January 1, 2003;
  S 2. This act shall take effect on the first of January next  succeed-
ing  the  date  on  which  it shall have become a law and shall apply to
assessment rolls prepared on the basis of taxable status dates occurring
on or after such effective date.