NY State Senate Bill 2013-S3702

Senate Bill S3702

Signed By Governor

2013-2014 Legislative Session

Provides for process for rebate of real property taxes on certain real property seriously damaged by the severe storm of October 29 & 30, 2012 in cities of one million or more

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Archive: Last Bill Status - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 31, 2013	signed chap.250
Jul 19, 2013	delivered to governor
Jun 20, 2013	returned to senate passed assembly ordered to third reading rules cal.572 substituted for a7995
Jun 17, 2013	referred to real property taxation delivered to assembly passed senate
Jun 13, 2013	amended on third reading 3702b
May 29, 2013	amended on third reading (t) 3702a
Mar 14, 2013	advanced to third reading
Mar 13, 2013	2nd report cal.
Mar 12, 2013	1st report cal.198
Feb 11, 2013	referred to cities

Votes

- Jun 17, 2013 - Floor Vote
  S3702
  
  63
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 17, 2013
      
      aye (63)
      
      Adams
      
      Addabbo Jr.
      
      Avella
      
      Ball
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Fuschillo
      
      Gallivan
      
      Gianaris
      
      Gipson
      
      Golden
      
      Griffo
      
      Grisanti
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Libous
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Maziarz
      
      Montgomery
      
      Nozzolio
      
      O'Brien
      
      O'Mara
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sampson
      
      Sanders Jr.
      
      Savino
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Tkaczyk
      
      Valesky
      
      Young
      
      Zeldin
  Mar 12, 2013 - Committee Vote
  S3702
  
  6
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Committee Vote: Mar 12, 2013
      
      aye (6)
      
      Avella
      
      Ball
      
      Breslin
      
      DeFrancisco
      
      Grisanti
      
      Lanza

Bill Amendments

Original

B (Active)

co-Sponsors

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2013-S3702 - Details

Law Section:: Real Property Tax Law
Laws Affected:: Add §467-g, RPT L

2013-S3702 - Summary

Provides for process for rebate of real property taxes on residential real property seriously damaged by severe storm of October 29 & 30, 2012 in cities of one million or more.

2013-S3702 - Sponsor Memo

                                BILL NUMBER:S3702

TITLE OF BILL:  An act to amend the real property tax law, in relation
to a rebate of real property taxes on residential real property serious-
ly damaged by the severe storm that occurred on the twenty-ninth and
thirtieth of October, two thousand twelve in a city having a population
of one million or more

SUMMARY OF PROVISIONS:

Section one of this bill adds a new section 467-g to the Real Property
Tax Law to authorize cities with a population of one million or more to
grant a rebate of real property taxes for any tax lot in such city that,
as of the taxable status date for assessment of real property in such
city for fiscal year 2013, covering the period between July 1, 2012 and
June 30, 2013, contained property classified as class one or class two
real property, on which there is a building that the Department of
Buildings of such city, after inspection, has, during the period between
November 1, 2012 and November 30, 2012, determined either (a) that a
building on the tax lot was seriously damaged and is unsafe to enter or
occupy or was completely demolished as a result of the effects of Hurri-
cane Sandy and such determination has been indicated by a notation on
Department of Buildings records and/or by the posting of a red placard
warning on the building; or (b) that a building on the tax lot requires
repairs or has a restricted area, and such determination has been indi-
cated on Department of Buildings records and/or by the posting of a

yellow sticker on the building, and, during the period beginning Decem-
ber 1, 2012 and ending December 28, 2012, the Department of Buildings
determined the building to be seriously damaged and unsafe to enter or
occupy or completely demolished as a result of the effects of Hurricane
Sandy, and such determination has been indicated by a notation on DOB
records and/or by the posting of a red placard warning on the building.

The bill provides that the rebate be paid to the owner who owned the
building on October 30, 2012 and on the date of the mailing of the
rebate. The amount of the rebate is equal to two-thirds of that portion
of the annual tax on an eligible real property that is attributable to
the assessed valuation of the improvements on the property. With respect
to eligible cooperative property, each unit owner is entitled to that
portion of the rebate calculated for the entire property that is attrib-
utable to the unit, as determined by the proportion of the shares of
stock representing the unit to the total outstanding stock of the coop-
erative corporation. With respect to real property described in para-
graph (c) of subdivision 1 of section 1802 of the Real Property Tax Law,
that is, residential real property consisting of one-family owner-occu-
pied houses situated on land held in cooperative ownership by owner
occupiers that constituted bungalow colonies in existence prior to 1940,
the amount of the rebate is calculated to reflect cases in which only
some of the houses located in the cooperative development meet the
bill's definition of eligible real property. For such property, the
amount of the rebate is equal to two-thirds of that portion of the annu-

al tax on the entire cooperative development of which the owner's build-
ing is a part, that is attributable to the assessed valuation of the
improvements on the cooperative development, multiplied by a fraction,
the numerator of which is equal to the number of buildings in the coop-
erative development that were designated by the Department of Buildings
as described above, and the denominator of which is the total number of
buildings that were located in the cooperative development as of October
28, 2012, the day immediately prior to the onset of Hurricane Sandy,
divided by the number of buildings in the cooperative development that
were designated by the Department of Buildings as described above.

No rebate is made available for a property with no annual tax, or for a
property with real property tax arrears in excess of $25.00 for fiscal
year 2013 or any prior year. However, the bill provides that if the
Commissioner of Finance denies a rebate because of tax arrears, the
owner will be so notified and given the opportunity to become eligible
for the rebate by paying the arrears in full within six months. Annual
tax is defined in the bill as the amount of tax that is actually imposed
on eligible real property, and does not include any amount from which an
eligible real property is exempt, or which is abated, pursuant to appli-
cable law. This bill also makes provisions for the mailing of the rebate
to an appropriate forwarding address; and for the collection of errone-
ous payments.

Section two provides for the bill to take effect immediately.

REASONS FOR SUPPORT:  This legislation would provide real property tax
relief to New York City residents whose homes were severely damaged by
Hurricane Sandy.  Under current law, the taxable status of real property
in New York City was fixed for the 2013 fiscal year on January 5, 2012,
the taxable status date for real property, and real property taxes
billed for fiscal year 2013 must be based on the condition of the real
property on that date. Beginning on October 29, 2012, and continuing
thereafter, Hurricane Sandy caused a severe storm surge in areas of New
York City that resulted in damage to a number of buildings. The Depart-
ment of Buildings (DOB) has inspected the structural stability of build-
ings affected by the hurricane and tagged with a red placard and/or
indicated on its records, those buildings that it determined to be seri-
ously damaged and unsafe to enter or occupy or completely demolished as
a result of the effects of the hurricane.

Current law does not provide a mechanism for reducing the assessed valu-
ation of real property and the tax based thereon for fiscal year 2013 to
reflect the serious damage and resulting decrease in value that was
inflicted on real property by Hurricane Sandy. In order to assist owners
and tenant-stockholders of class one and class two properties on which
there is a building that the Department of Buildings determined to be
seriously damaged and unsafe to enter or occupy or completely demolished
as a result of the effects of Hurricane Sandy, this bill authorizes a
city with a population of one million or more to enact a local law to
grant a rebate of real property taxes to owners and tenant-stockholders
of eligible properties and dwelling units in eligible properties. The

amount of the rebate reflects the reduction in value of the improvements
on eligible property for a period of eight months (two-thirds of a year)
from the date of Hurricane Sandy to the end of fiscal year 2013.  These
rebates would provide much needed relief to some of our most devastated
residents.

Accordingly, the Mayor urges the earliest possible favorable consider-
ation of this proposal by the Legislature.

2013-S3702 - Bill Text download pdf

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

                                  3702

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 11, 2013
                               ___________

Introduced by Sens. LANZA, GOLDEN, HASSELL-THOMPSON, SMITH -- read twice
  and ordered printed, and when printed to be committed to the Committee
  on Cities

AN  ACT  to  amend the real property tax law, in relation to a rebate of
  real property taxes on residential real property seriously damaged  by
  the  severe  storm  that occurred on the twenty-ninth and thirtieth of
  October, two thousand twelve in a city  having  a  population  of  one
  million or more

  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 467-g to read as follows:
  S  467-G. REBATE FOR OWNERS OF CERTAIN RESIDENTIAL REAL PROPERTY SERI-
OUSLY DAMAGED BY THE SEVERE STORM THAT OCCURRED ON THE TWENTY-NINTH  AND
THIRTIETH  OF OCTOBER, TWO THOUSAND TWELVE IN A CITY HAVING A POPULATION
OF ONE MILLION OR MORE. 1. GENERALLY.  NOTWITHSTANDING ANY PROVISION  OF
ANY  GENERAL,  SPECIAL  OR  LOCAL LAW TO THE CONTRARY, ANY CITY HAVING A
POPULATION OF ONE MILLION OR MORE IS HEREBY AUTHORIZED AND EMPOWERED  TO
ADOPT  AND  AMEND  LOCAL LAWS IN ACCORDANCE WITH THIS SECTION TO GRANT A
REBATE OF REAL PROPERTY TAXES FOR THE FISCAL YEAR BEGINNING ON THE FIRST
OF JULY, TWO THOUSAND TWELVE, IN THE AMOUNT PROVIDED  IN  THIS  SECTION.
SUCH REBATE SHALL BE PAID BY THE COMMISSIONER OF FINANCE TO AN OWNER WHO
OWNED  ELIGIBLE  REAL  PROPERTY  AS DEFINED IN SUBDIVISION THREE OF THIS
SECTION OR A DWELLING UNIT IN SUCH ELIGIBLE REAL PROPERTY  BOTH  ON  THE
THIRTIETH OF OCTOBER, TWO THOUSAND TWELVE AND ON THE DATE OF THE MAILING
OF  SUCH  REBATE. IF LEGAL TITLE TO ELIGIBLE REAL PROPERTY, OR OWNERSHIP
OF SHARES OF STOCK REPRESENTING A DWELLING UNIT, IS HELD BY ONE OR  MORE
TRUSTEES,  THE  BENEFICIAL  OWNER  OR  OWNERS SHALL BE DEEMED TO OWN THE
PROPERTY OR DWELLING UNIT FOR PURPOSES OF THIS SECTION.  NOTWITHSTANDING
ANY  PROVISION  OF THIS ARTICLE TO THE CONTRARY, AN OWNER WHOSE PROPERTY
IS RECEIVING BENEFITS PURSUANT   TO ANY OTHER SECTION  OF  THIS  ARTICLE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08779-01-3

S. 3702                             2

SHALL NOT BE PROHIBITED FROM RECEIVING A REBATE PURSUANT TO THIS SECTION
IF SUCH OWNER IS OTHERWISE ELIGIBLE TO RECEIVE SUCH REBATE.
  2. DEFINITIONS. AS USED IN THIS SECTION:
  A.  "ANNUAL TAX" MEANS THE AMOUNT OF REAL PROPERTY TAX THAT IS IMPOSED
ON A PROPERTY FOR THE FISCAL YEAR BEGINNING THE FIRST OF JULY, TWO THOU-
SAND TWELVE, DETERMINED AFTER REDUCTION FOR ANY AMOUNT  FROM  WHICH  THE
PROPERTY IS EXEMPT, OR WHICH IS ABATED, PURSUANT TO APPLICABLE LAW.
  B.  "ARREARS" MEANS REAL PROPERTY TAXES THAT REMAINED UNPAID FOLLOWING
THE LAST DATE ALLOWED FOR PAYMENT OF SUCH TAXES WITHOUT  INTEREST  UNDER
APPLICABLE  LAW,  AND  ANY  UNPAID  INTEREST ACCRUED THEREON PURSUANT TO
APPLICABLE LAW, FOR THE FISCAL YEAR  BEGINNING THE FIRST  OF  JULY,  TWO
THOUSAND TWELVE AND ALL PRIOR FISCAL YEARS.
  C.  "ASSESSED VALUATION" MEANS THE ASSESSED VALUATION OF REAL PROPERTY
THAT WAS USED TO DETERMINE THE ANNUAL TAX AS DEFINED IN PARAGRAPH  A  OF
THIS  SUBDIVISION,  AND  WHICH IS NOT REDUCED BY ANY EXEMPTION FROM REAL
PROPERTY TAXES. FOR REAL PROPERTY CLASSIFIED AS CLASS TWO REAL  PROPERTY
AS  DEFINED  IN  SUBDIVISION ONE OF SECTION EIGHTEEN HUNDRED TWO OF THIS
CHAPTER TO WHICH SUBDIVISION THREE OF SECTION EIGHTEEN HUNDRED  FIVE  OF
THIS  CHAPTER  APPLIES,  THE  ASSESSED  EVALUATION  IS  THE LOWER OF THE
ASSESSED VALUATION AND TRANSITIONAL ASSESSED VALUATION  AS  PROVIDED  IN
SUBDIVISION  THREE OF SECTION EIGHTEEN HUNDRED FIVE OF THIS CHAPTER, AND
WHICH IS NOT REDUCED BY ANY EXEMPTION FROM REAL PROPERTY TAXES.
  D.  "COMMISSIONER OF FINANCE" MEANS THE COMMISSIONER OF FINANCE  OF  A
CITY HAVING A POPULATION OF ONE MILLION OR MORE, OR HIS OR HER DESIGNEE.
  E.   "COOPERATIVE  DEVELOPMENT"  MEANS,  WITH  RESPECT  TO  PROPERTIES
DESCRIBED IN PARAGRAPH  (C)  OF  SUBDIVISION  ONE  OF  SECTION  EIGHTEEN
HUNDRED  TWO  OF THIS CHAPTER, ALL OF THE PROPERTIES, INCLUDING THE LAND
AND IMPROVEMENTS THEREON, AS TO WHICH THE LAND IS HELD BY A SINGLE COOP-
ERATIVE CORPORATION.
  F. "DEPARTMENT OF BUILDINGS" MEANS THE DEPARTMENT OF  BUILDINGS  OF  A
CITY HAVING A POPULATION OF ONE MILLION OR MORE.
  G.  "DEPARTMENT  OF FINANCE" MEANS THE DEPARTMENT OF FINANCE OF A CITY
HAVING A POPULATION OF ONE MILLION OR MORE.
  H. "OWNER" MEANS THE OWNER OF REAL PROPERTY, OR  A  TENANT-STOCKHOLDER
OF  A DWELLING UNIT IN RESIDENTIAL REAL PROPERTY HELD IN THE COOPERATIVE
FORM OF OWNERSHIP.
  3. ELIGIBLE REAL PROPERTY. A. FOR PURPOSES OF THIS SECTION,  "ELIGIBLE
REAL PROPERTY" MEANS ANY TAX LOT THAT CONTAINED, ON THE APPLICABLE TAXA-
BLE STATUS DATE, CLASS ONE OR CLASS TWO REAL PROPERTY AS SUCH CLASSES OF
REAL PROPERTY ARE DEFINED IN SUBDIVISION ONE OF SECTION EIGHTEEN HUNDRED
TWO  OF  THIS  CHAPTER, ON WHICH ANY BUILDING HAS BEEN DESIGNATED BY THE
DEPARTMENT OF BUILDINGS IN ACCORDANCE WITH PARAGRAPH B OF THIS  SUBDIVI-
SION.
  B. FOR PURPOSES OF THIS SECTION, A BUILDING HAS BEEN DESIGNATED BY THE
DEPARTMENT OF BUILDINGS IF:
  (1)  DURING  THE  PERIOD BEGINNING THE FIRST OF NOVEMBER, TWO THOUSAND
TWELVE AND ENDING THE THIRTIETH OF NOVEMBER, TWO THOUSAND TWELVE,  AFTER
INSPECTION BY THE DEPARTMENT OF BUILDINGS, SUCH BUILDING HAS BEEN DETER-
MINED TO BE SERIOUSLY DAMAGED AND UNSAFE TO ENTER OR OCCUPY OR COMPLETE-
LY  DEMOLISHED AS A RESULT OF DAMAGE CAUSED BY THE EFFECTS OF THE SEVERE
STORM THAT OCCURRED ON THE TWENTY-NINTH AND THIRTIETH  OF  OCTOBER,  TWO
THOUSAND TWELVE, AND SUCH DETERMINATION HAS BEEN INDICATED BY A NOTATION
ON  SUCH  DEPARTMENT'S  RECORDS  AND/OR  BY THE POSTING OF A RED PLACARD
WARNING ON THE BUILDING; OR
  (2) DURING THE PERIOD BEGINNING THE FIRST OF  NOVEMBER,  TWO  THOUSAND
TWELVE  AND ENDING THE THIRTIETH OF NOVEMBER, TWO THOUSAND TWELVE, AFTER

S. 3702                             3

INSPECTION BY THE DEPARTMENT OF BUILDINGS, SUCH BUILDING HAS BEEN DETER-
MINED TO REQUIRE REPAIRS OR TO HAVE A RESTRICTED AREA AND SUCH  DETERMI-
NATION  HAS  BEEN  INDICATED  BY A NOTATION ON SUCH DEPARTMENT'S RECORDS
AND/OR  BY  THE  POSTING OF A YELLOW STICKER ON THE BUILDING, AND DURING
THE PERIOD BEGINNING THE FIRST OF  DECEMBER,  TWO  THOUSAND  TWELVE  AND
ENDING  THE  TWENTY-EIGHTH  OF  DECEMBER,  TWO  THOUSAND  TWELVE,  AFTER
INSPECTION BY THE DEPARTMENT OF BUILDINGS, HAS  BEEN  DETERMINED  TO  BE
SERIOUSLY DAMAGED AND UNSAFE TO ENTER OR OCCUPY OR COMPLETELY DEMOLISHED
AS  A  RESULT  OF  DAMAGE CAUSED BY THE EFFECTS OF THE SEVERE STORM THAT
OCCURRED ON THE TWENTY-NINTH AND  THIRTIETH  OF  OCTOBER,  TWO  THOUSAND
TWELVE,  AND SUCH DETERMINATION HAS BEEN INDICATED BY A NOTATION ON SUCH
DEPARTMENT'S RECORDS AND/OR BY THE POSTING OF A RED PLACARD  WARNING  ON
THE BUILDING.
  4.  AMOUNT  OF  REBATE.  A. THE AMOUNT OF THE REBATE TO BE PAID BY THE
COMMISSIONER OF FINANCE FOR ELIGIBLE REAL PROPERTY PURSUANT TO  SUBDIVI-
SION ONE OF THIS SECTION SHALL BE EQUAL TO TWO-THIRDS OF THE ANNUAL TAX,
MULTIPLIED  BY  A  FRACTION,  THE  NUMERATOR  OF  WHICH IS EQUAL TO THAT
PORTION OF THE ASSESSED VALUATION OF THE ELIGIBLE REAL PROPERTY THAT  IS
ATTRIBUTABLE TO THE IMPROVEMENTS ON THE PROPERTY, AND THE DENOMINATOR OF
WHICH  IS  EQUAL  TO  THE  TOTAL ASSESSED VALUATION OF THE ELIGIBLE REAL
PROPERTY.
  B. EXCEPT AS PROVIDED IN SUBDIVISION FIVE OF THIS SECTION,  FOR  RESI-
DENTIAL  PROPERTY  HELD IN THE COOPERATIVE FORM OF OWNERSHIP, THE AMOUNT
OF THE REBATE TO BE PAID TO THE OWNER OF A DWELLING UNIT  THEREIN  SHALL
BE  EQUAL  TO THAT PROPORTION OF THE AMOUNT CALCULATED UNDER PARAGRAPH A
OF THIS SUBDIVISION THAT IS  ATTRIBUTABLE  TO  SUCH  DWELLING  UNIT,  AS
DETERMINED  BY  THE  PROPORTIONAL  RELATIONSHIP  OF THE OWNER'S SHARE OR
SHARES OF STOCK IN THE COOPERATIVE APARTMENT CORPORATION THAT OWNS  SUCH
REAL  PROPERTY  TO THE TOTAL OUTSTANDING STOCK OF THE COOPERATIVE APART-
MENT CORPORATION.
  C. ELIGIBLE REAL PROPERTY WITH NO ANNUAL TAX SHALL NOT BE ELIGIBLE FOR
A REBATE UNDER THIS SECTION.
  5. CALCULATION OF REBATE FOR CERTAIN CLASS ONE REAL PROPERTY  CONSIST-
ING  OF ONE FAMILY HOUSE STRUCTURES SITUATED ON LAND HELD IN COOPERATIVE
OWNERSHIP. A. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION FOUR OF THIS
SECTION, THE AMOUNT OF THE REBATE TO BE  PAID  BY  THE  COMMISSIONER  OF
FINANCE TO THE OWNER OF A BUILDING THAT WAS DESIGNATED BY THE DEPARTMENT
OF BUILDINGS IN ACCORDANCE WITH PARAGRAPH B OF SUBDIVISION THREE OF THIS
SECTION,  THAT IS LOCATED ON ELIGIBLE REAL PROPERTY THAT IS DESCRIBED IN
PARAGRAPH (C) OF SUBDIVISION ONE OF SECTION EIGHTEEN HUNDRED TWO OF THIS
CHAPTER, SHALL BE EQUAL TO TWO-THIRDS OF THE ANNUAL TAX ON THE  PROPERTY
OF THE COOPERATIVE DEVELOPMENT, (1) MULTIPLIED BY A FRACTION, THE NUMER-
ATOR  OF WHICH IS EQUAL TO THAT PORTION OF THE ASSESSED VALUATION OF THE
ELIGIBLE REAL PROPERTY IN THE COOPERATIVE DEVELOPMENT THAT IS  ATTRIBUT-
ABLE  TO  THE IMPROVEMENTS ON THE PROPERTY, AND THE DENOMINATOR OF WHICH
IS EQUAL TO THE TOTAL ASSESSED VALUATION OF THE ELIGIBLE  REAL  PROPERTY
IN THE COOPERATIVE DEVELOPMENT, AND (2) MULTIPLIED BY A SECOND FRACTION,
THE  NUMERATOR OF WHICH IS EQUAL TO THE NUMBER OF BUILDINGS IN THE COOP-
ERATIVE DEVELOPMENT THAT HAVE  BEEN  DESIGNATED  BY  THE  DEPARTMENT  OF
BUILDINGS  IN  ACCORDANCE  WITH PARAGRAPH B OF SUBDIVISION THREE OF THIS
SECTION, AND THE DENOMINATOR OF WHICH IS THE TOTAL NUMBER  OF  BUILDINGS
THAT WERE LOCATED IN THE COOPERATIVE DEVELOPMENT AS OF THE TWENTY-EIGHTH
DAY  OF  OCTOBER, TWO THOUSAND TWELVE, THEN (3) DIVIDED BY THE NUMBER OF
BUILDINGS IN THE COOPERATIVE DEVELOPMENT THAT HAVE  BEEN  DESIGNATED  BY
THE  DEPARTMENT  OF BUILDINGS IN ACCORDANCE WITH PARAGRAPH B OF SUBDIVI-
SION THREE OF THIS SECTION.

S. 3702                             4

  B. ELIGIBLE REAL PROPERTY DESCRIBED IN THIS SUBDIVISION WITH NO ANNUAL
TAX SHALL NOT BE ELIGIBLE FOR A REBATE UNDER THIS SECTION.
  6. ARREARS. A. IN ORDER FOR AN OWNER TO QUALIFY FOR THE REBATE AUTHOR-
IZED  BY THIS SECTION, THERE MUST NOT BE ARREARS ON THE OWNER'S ELIGIBLE
REAL PROPERTY IN AN AMOUNT IN EXCESS OF TWENTY-FIVE  DOLLARS,  AND  WITH
RESPECT  TO  RESIDENTIAL PROPERTY HELD IN THE COOPERATIVE FORM OF OWNER-
SHIP, THERE MUST NOT BE ARREARS IN AN AMOUNT IN EXCESS OF AN AVERAGE  OF
TWENTY-FIVE  DOLLARS  PER  DWELLING  UNIT  IN  THE COOPERATIVE APARTMENT
CORPORATION, WHICH IS DETERMINED BY DIVIDING THE TOTAL AMOUNT OF ARREARS
ON THE RESIDENTIAL REAL PROPERTY HELD IN THE COOPERATIVE FORM OF  OWNER-
SHIP BY THE TOTAL NUMBER OF DWELLING UNITS IN SUCH PROPERTY.
  B.  IF  THE  COMMISSIONER OF FINANCE DETERMINES THAT AN OWNER DOES NOT
QUALIFY FOR THE REBATE SOLELY BECAUSE OF THE PROVISIONS OF  PARAGRAPH  A
OF  THIS SUBDIVISION, THE COMMISSIONER OF FINANCE SHALL NOTIFY THE OWNER
OF HIS OR HER DETERMINATION BY MAILING A NOTICE TO THE ADDRESS  PROVIDED
IN  SUBDIVISION SEVEN OF THIS SECTION. IF SUCH OWNER PAYS THE ARREARS IN
FULL NO LATER THAN SIX MONTHS FOLLOWING THE DATE OF THE MAILING OF  SUCH
NOTICE, THE OWNER SHALL BE ELIGIBLE TO RECEIVE THE REBATE.
  7.  MAILING  OF  REBATE. A. THE COMMISSIONER OF FINANCE SHALL MAIL THE
REBATE AUTHORIZED BY THIS SECTION TO THE PERSON WHOSE  NAME  APPEARS  ON
THE  RECORDS  OF  THE DEPARTMENT OF FINANCE AS THE OWNER OF THE ELIGIBLE
REAL PROPERTY OR DWELLING UNIT LOCATED THEREIN, AT  AN  ADDRESS  ON  THE
RECORDS  OF  THE DEPARTMENT OF FINANCE AS THE ADDRESS OF SUCH OWNER, AND
IF NO SUCH ADDRESS APPEARS ON THE RECORDS OF THE DEPARTMENT OF  FINANCE,
THEN  TO THE ADDRESS, IF ANY, APPEARING IN THE LATEST ASSESSMENT ROLL AS
THE ADDRESS OF THE OWNER OF THE ELIGIBLE REAL PROPERTY.  NOTWITHSTANDING
THE PREVIOUS SENTENCE, IF AN OWNER HAS NOTIFIED THE UNITED STATES POSTAL
SERVICE  OF A FORWARDING ADDRESS FOR MAIL THAT WOULD OTHERWISE HAVE BEEN
SENT TO ANY OF THE ADDRESSES DESCRIBED IN THE  PREVIOUS  SENTENCE,  THEN
THE  COMMISSIONER  OF  FINANCE  MAY  MAIL  THE REBATE AUTHORIZED BY THIS
SECTION TO SUCH FORWARDING ADDRESS.
  B. NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH A OF THIS  SUBDIVISION,
WITH  RESPECT  TO  ANY  REBATE  TO WHICH AN OWNER OF A BUILDING THAT WAS
DESIGNATED BY THE DEPARTMENT OF BUILDINGS IN ACCORDANCE WITH PARAGRAPH B
OF SUBDIVISION THREE OF THIS SECTION THAT IS LOCATED  ON  ELIGIBLE  REAL
PROPERTY  THAT  IS  DESCRIBED  IN  PARAGRAPH  (C)  OF SUBDIVISION ONE OF
SECTION EIGHTEEN HUNDRED TWO OF THIS  CHAPTER  IS  ENTITLED  UNDER  THIS
SECTION,  THE COMMISSIONER OF FINANCE SHALL MAIL THE REBATE TO THE COOP-
ERATIVE DEVELOPMENT OF WHICH THE OWNER'S PROPERTY  IS  A  PART,  AT  THE
ADDRESS  ON  THE  RECORDS OF THE DEPARTMENT OF FINANCE AS THE ADDRESS OF
THE COOPERATIVE CORPORATION THAT IS THE OWNER OF THE  LAND  INCLUDED  IN
THE  COOPERATIVE  DEVELOPMENT,  AND  IF  NO  SUCH ADDRESS APPEARS ON THE
RECORDS OF THE DEPARTMENT OF FINANCE,  THEN  TO  THE  ADDRESS,  IF  ANY,
APPEARING  IN  THE LATEST ASSESSMENT ROLL AS THE ADDRESS OF THE OWNER OF
SUCH LAND. NOTWITHSTANDING THE PREVIOUS  SENTENCE,  IF  THE  COOPERATIVE
CORPORATION  HAS NOTIFIED THE UNITED STATES POSTAL SERVICE OF A FORWARD-
ING ADDRESS FOR MAIL THAT WOULD OTHERWISE HAVE BEEN SENT TO ANY  OF  THE
ADDRESSES  DESCRIBED  IN THE PREVIOUS SENTENCE, THEN THE COMMISSIONER OF
FINANCE MAY MAIL THE REBATE AUTHORIZED BY THIS SECTION TO SUCH  FORWARD-
ING ADDRESS.
  8. RECOVERY OF ERRONEOUS REBATE. IF THE COMMISSIONER OF FINANCE DETER-
MINES  (A)  THAT  AN  OWNER  WHO RECEIVED A REBATE WAS NOT ENTITLED TO A
REBATE UNDER THIS SECTION, OR (B) THAT A REBATE WAS PAID  OR  CALCULATED
IN  ERROR  UNDER THIS SECTION, THE COMMISSIONER OF FINANCE SHALL RECOVER
OR RECALCULATE SUCH REBATE AND THE AMOUNT OF THE  REBATE  OR  AN  AMOUNT
EQUAL  TO  THE  DIFFERENCE  BETWEEN  THE  REBATE ORIGINALLY PAID AND THE

S. 3702                             5

AMOUNT TO WHICH THE OWNER WAS ENTITLED SHALL BE DEDUCTED FROM ANY REFUND
OR REBATE OTHERWISE PAYABLE TO THE OWNER, AND ANY BALANCE OF SUCH AMOUNT
REMAINING UNPAID SHALL BE PAID TO THE COMMISSIONER OF FINANCE  NO  LATER
THAN THE DUE AND PAYABLE DATE PROVIDED ON A NOTICE OF THE AMOUNT PAYABLE
MAILED BY THE COMMISSIONER OF FINANCE. SUCH AMOUNT PAYABLE SHALL CONSTI-
TUTE  A  TAX LIEN ON THE REAL PROPERTY OWNED BY SUCH OWNER AS OF THE DUE
AND PAYABLE DATE PROVIDED ON SUCH NOTICE, AND, IF NOT PAID BY  SUCH  DUE
AND  PAYABLE  DATE,  INTEREST  AT THE RATE APPLICABLE TO DELINQUENT REAL
PROPERTY TAXES ON SUCH PROPERTY SHALL BE CHARGED AND COLLECTED  ON  SUCH
AMOUNT FROM THE DUE AND PAYABLE DATE PROVIDED ON SUCH NOTICE TO THE DATE
OF  PAYMENT,  AND SUCH AMOUNT PAYABLE SHALL BE ENFORCEABLE AS A TAX LIEN
IN ACCORDANCE WITH PROVISIONS OF LAW RELATING TO THE ENFORCEMENT OF  TAX
LIENS IN ANY SUCH CITY.
  9.  REBATE  NOT DEEMED A REFUND. ANY REBATE AUTHORIZED BY THIS SECTION
TO BE PAID BY THE COMMISSIONER OF FINANCE SHALL NOT BE DEEMED  TO  BE  A
REFUND OF A REAL PROPERTY TAX PAYMENT.
  10.  RULEMAKING.  THE  COMMISSIONER  OF FINANCE SHALL BE AUTHORIZED TO
PROMULGATE RULES NECESSARY TO EFFECTUATE THE PURPOSES OF THIS SECTION.
  S 2. This act shall take effect immediately.

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2013-S3702A - Details

Law Section:: Real Property Tax Law
Laws Affected:: Add §467-g, RPT L

2013-S3702A - Summary

Provides for process for rebate of real property taxes on residential real property seriously damaged by severe storm of October 29 & 30, 2012 in cities of one million or more.

2013-S3702A - Sponsor Memo

                                BILL NUMBER:S3702A

TITLE OF BILL:  An act to amend the real property tax law, in relation
to a rebate of real property taxes on real property seriously damaged
by the severe storm that occurred on the twenty-ninth and thirtieth of
October, two thousand twelve in a city having a population of one
million or more

SUMMARY OF PROVISIONS:

Section one of this bill adds a new section 467-g to the Real Property
Tax Law to authorize cities with a population of one million or more
to grant a rebate of real property taxes for any tax lot in such city
that, as of the taxable status date for assessment of real property in
such city for fiscal year 2013, covering, the period between July 1,
2012 and June 30, 2013, contained property classified as class one,
class two or class four real property, on which there is a building
that the Department of Buildings of such city, after inspection, has,
during the period between November 1, 2012 and November 30, 2012,
determined either (a) that a building on the tax lot was seriously
damaged and is unsafe to enter or occupy or was completely demolished
as a result of the effects of Hurricane Sandy and such determination
has been indicated by a notation on Department of Buildings records
and/or by the posting of a red placard warning on the building; or (b)
that a building on the tax lot requires repairs or has a restricted
area, and such determination has been indicated on Department of

Buildings records and/or by the posting of a yellow sticker on the
building, and, during the period beginning December 1, 2012 and ending
December 28, 2012, the Department of Buildings determined the building
to be seriously damaged and unsafe to enter or occupy or completely
demolished as a result of the effects of Hurricane Sandy, and such
determination has been indicated by a notation on DOB records and/or
by the posting of a red placard warning on the building.

The bill provides that the rebate be applied as a credit against real
property taxes or paid to the owner who owned the building on October
30, 2012 and on the date of the mailing of the rebate. The amount of
the rebate is equal to two-thirds of that portion of the annual tax on
an eligible real property that is attributable to the assessed
valuation of the improvements on the property. With respect to
eligible cooperative property, each unit owner is entitled to that
portion of the rebate calculated for the entire property that is
attributable to the unit, as determined by the proportion of the
shares of stock representing the unit to the total outstanding stock
of the cooperative corporation. With respect to real property
described in paragraph (c) of subdivision 1 of section 1802 of the
Real Property Tax Law, that is, residential real property consisting
of one-family owner-occupied houses situated on land held in
cooperative ownership by owner occupiers that constituted bungalow
colonies in existence prior to 1940, the amount of the rebate is
calculated to reflect cases in which only some of the houses located
in the cooperative development meet the bill's definition of eligible
real property. For such property, the amount of the rebate is equal to
two-thirds of that portion of the annual tax on the entire cooperative
development of which the owner's building is a part, that is
attributable to the assessed valuation of the improvements on the


cooperative development, multiplied by a fraction, the numerator of
which is equal to the number of buildings in the cooperative
development that were designated by the Department of Buildings as
described above, and the denominator of which is the total number of
buildings that were located in the cooperative development as of
October 28, 2012, the day immediately prior to the onset of Hurricane
Sandy, divided by the number of buildings in the cooperative
development that were designated by the Department of Buildings as
described above. The bill imposes a cap or ten thousand dollars on the
amount of the rebate for class four eligible real property.

No rebate is made available for a property with no annual tax. Annual
tax is defined in the bill as the amount of tax that is actually
imposed on eligible real property, and does not include any amount
from which an eligible real property is exempt, or which is abated,
pursuant to applicable law. This bill also makes provisions for the
mailing of the rebate to an appropriate forwarding address; and for
the collection of erroneous payments.

Section two contains a severability clause providing that if a
determination is made invalidating the cap, then class four real
property shall not be eligible for the rebate.

REASONS FOR SUPPORT:

This legislation would provide real property tax relief to New York
City residents and commercial property owners whose homes and
commercial properties were severely damaged by Hurricane Sandy. Under
current law, the taxable status of real property in New York City was
fixed for the 2013 fiscal year on January 5, 2012, the taxable status
date for real property, and real property taxes billed for fiscal year
2013 must be based on the condition of the real property on that date.
Beginning on October 29, 2012, and continuing thereafter, Hurricane
Sandy caused a severe storm surge in areas of New York City that
resulted in damage to a number of buildings. During this period, the
Department of Buildings (DOB) inspected the structural stability of
buildings affected by the hurricane and tagged with a red placard
and/or indicated on its records, those buildings that it determined to
be seriously damaged and unsafe to enter or occupy or completely
demolished as a result of the effects of the hurricane.

Current law does not provide a mechanism for reducing the assessed
valuation of real property and the tax based thereon for fiscal year
2013 to reflect the serious damage and. resulting decrease in value
that was inflicted on real property by Hurricane Sandy. In order to
assist owners and tenant-stockholders of class one, class two and
class four properties on which there is a building that the Department
of Buildings determined to be seriously damaged and unsafe to enter or
occupy or completely demolished as a result of the effects of
Hurricane Sandy, this bill authorizes a city with a population of one
million or more to enact a,local law to grant a rebate of real
property taxes to owners and tenant-stockholders of eligible
properties and dwelling units in eligible properties. The amount of
the rebate reflects the reduction in value of the improvements on
eligible property for a period of eight months (two-thirds of a year)
from the date of Hurricane Sandy to the end of fiscal year 2013. These


rebates would provide much needed relief to some of our most
devastated residents.

The bill caps rebates for class four properties at ten thousand
dollars per property. This cap is designed to reflect the distinct tax
treatment class four properties received under state law, as reflected
in how they are assessed and how those assessments are phased in. In
regard to damages following Sandy, commercial properties should also
be treated differently from class one and two properties because class
four properties have broader insurance coverage, which often include a
business disruption policy compensating owners for losses. The cap is
designed to provide an equitable distribution of an extraordinary
benefit while being mindful of limited resources. Maintaining this
balance will allow the City to provide this benefit to eligible red
tagged class one, two and four properties.

Accordingly, the Mayor urges the earliest possible favorable
consideration of this proposal by the Legislature.

2013-S3702A - Bill Text download pdf

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

                                 3702--A
    Cal. No. 198

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 11, 2013
                               ___________

Introduced by Sens. LANZA, GOLDEN, ADAMS, AVELLA, FELDER, HASSELL-THOMP-
  SON, SAMPSON, SMITH -- read twice and ordered printed, and when print-
  ed  to  be  committed to the Committee on Cities -- 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  rebate  of
  real  property  taxes on real property seriously damaged by the severe
  storm that occurred on the twenty-ninth and thirtieth of October,  two
  thousand twelve in a city having a population of one million or more

  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 467-g to read as follows:
  S  467-G. REBATE FOR OWNERS OF CERTAIN REAL PROPERTY SERIOUSLY DAMAGED
BY THE SEVERE STORM THAT OCCURRED ON THE TWENTY-NINTH AND  THIRTIETH  OF
OCTOBER,  TWO  THOUSAND  TWELVE  IN  A  CITY  HAVING A POPULATION OF ONE
MILLION OR MORE. 1. GENERALLY.   NOTWITHSTANDING ANY  PROVISION  OF  ANY
GENERAL,  SPECIAL  OR LOCAL LAW TO THE CONTRARY, ANY CITY HAVING A POPU-
LATION OF ONE MILLION OR MORE IS  HEREBY  AUTHORIZED  AND  EMPOWERED  TO
ADOPT  AND  AMEND  LOCAL LAWS IN ACCORDANCE WITH THIS SECTION TO GRANT A
REBATE OF REAL PROPERTY TAXES FOR THE FISCAL YEAR BEGINNING ON THE FIRST
OF JULY, TWO THOUSAND TWELVE, IN THE AMOUNT PROVIDED  IN  THIS  SECTION.
SUCH  REBATE SHALL BE APPLIED AS A CREDIT AGAINST REAL PROPERTY TAXES OR
BE PAID BY THE COMMISSIONER OF FINANCE TO AN OWNER  WHO  OWNED  ELIGIBLE
REAL  PROPERTY  AS  DEFINED  IN  SUBDIVISION  THREE OF THIS SECTION OR A
DWELLING UNIT IN SUCH ELIGIBLE REAL PROPERTY BOTH ON  THE  THIRTIETH  OF
OCTOBER,  TWO  THOUSAND  TWELVE  AND  ON THE DATE OF THE MAILING OF SUCH
REBATE. IF LEGAL TITLE TO ELIGIBLE REAL PROPERTY, OR OWNERSHIP OF SHARES
OF STOCK REPRESENTING A DWELLING UNIT, IS HELD BY ONE OR MORE  TRUSTEES,
THE  BENEFICIAL  OWNER  OR OWNERS SHALL BE DEEMED TO OWN THE PROPERTY OR

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

                                                           LBD08779-06-3

S. 3702--A                          2

DWELLING  UNIT  FOR  PURPOSES  OF  THIS  SECTION.  NOTWITHSTANDING   ANY
PROVISION  OF  THIS  ARTICLE TO THE CONTRARY, AN OWNER WHOSE PROPERTY IS
RECEIVING BENEFITS PURSUANT  TO ANY OTHER SECTION OF THIS ARTICLE  SHALL
NOT  BE  PROHIBITED  FROM RECEIVING A REBATE PURSUANT TO THIS SECTION IF
SUCH OWNER IS OTHERWISE ELIGIBLE TO RECEIVE SUCH REBATE.
  2. DEFINITIONS. AS USED IN THIS SECTION:
  A. "ANNUAL TAX" MEANS THE AMOUNT OF REAL PROPERTY TAX THAT IS  IMPOSED
ON A PROPERTY FOR THE FISCAL YEAR BEGINNING THE FIRST OF JULY, TWO THOU-
SAND  TWELVE,  DETERMINED  AFTER REDUCTION FOR ANY AMOUNT FROM WHICH THE
PROPERTY IS EXEMPT, OR WHICH IS ABATED, PURSUANT TO APPLICABLE LAW.
  B. "ASSESSED VALUATION" MEANS THE ASSESSED VALUATION OF REAL  PROPERTY
THAT  WAS  USED TO DETERMINE THE ANNUAL TAX AS DEFINED IN PARAGRAPH A OF
THIS SUBDIVISION, AND WHICH IS NOT REDUCED BY ANY  EXEMPTION  FROM  REAL
PROPERTY  TAXES. FOR REAL PROPERTY CLASSIFIED AS CLASS TWO OR CLASS FOUR
REAL PROPERTY AS DEFINED IN SUBDIVISION ONE OF SECTION EIGHTEEN  HUNDRED
TWO  OF  THIS  CHAPTER  TO  WHICH  SUBDIVISION THREE OF SECTION EIGHTEEN
HUNDRED FIVE OF THIS CHAPTER APPLIES,  THE  ASSESSED  VALUATION  IS  THE
LOWER  OF  THE ASSESSED VALUATION AND TRANSITIONAL ASSESSED VALUATION AS
PROVIDED IN SUBDIVISION THREE OF SECTION EIGHTEEN HUNDRED FIVE  OF  THIS
CHAPTER,  AND  WHICH  IS NOT REDUCED BY ANY EXEMPTION FROM REAL PROPERTY
TAXES.
  C.  "COMMISSIONER OF FINANCE" MEANS THE COMMISSIONER OF FINANCE  OF  A
CITY HAVING A POPULATION OF ONE MILLION OR MORE, OR HIS OR HER DESIGNEE.
  D.   "COOPERATIVE  DEVELOPMENT"  MEANS,  WITH  RESPECT  TO  PROPERTIES
DESCRIBED IN PARAGRAPH  (C)  OF  SUBDIVISION  ONE  OF  SECTION  EIGHTEEN
HUNDRED  TWO  OF THIS CHAPTER, ALL OF THE PROPERTIES, INCLUDING THE LAND
AND IMPROVEMENTS THEREON, AS TO WHICH THE LAND IS HELD BY A SINGLE COOP-
ERATIVE CORPORATION.
  E. "DEPARTMENT OF BUILDINGS" MEANS THE DEPARTMENT OF  BUILDINGS  OF  A
CITY HAVING A POPULATION OF ONE MILLION OR MORE.
  F.  "DEPARTMENT  OF FINANCE" MEANS THE DEPARTMENT OF FINANCE OF A CITY
HAVING A POPULATION OF ONE MILLION OR MORE.
  G. "OWNER" MEANS THE OWNER OF REAL PROPERTY, OR  A  TENANT-STOCKHOLDER
OF  A DWELLING UNIT IN RESIDENTIAL REAL PROPERTY HELD IN THE COOPERATIVE
FORM OF OWNERSHIP.
  3. ELIGIBLE REAL PROPERTY. A. FOR PURPOSES OF THIS SECTION,  "ELIGIBLE
REAL PROPERTY" MEANS ANY TAX LOT THAT CONTAINED, ON THE APPLICABLE TAXA-
BLE  STATUS  DATE,  CLASS  ONE, CLASS TWO OR CLASS FOUR REAL PROPERTY AS
SUCH CLASSES OF REAL PROPERTY ARE DEFINED IN SUBDIVISION ONE OF  SECTION
EIGHTEEN  HUNDRED  TWO  OF  THIS CHAPTER, ON WHICH ANY BUILDING HAS BEEN
DESIGNATED BY THE DEPARTMENT OF BUILDINGS IN ACCORDANCE WITH PARAGRAPH B
OF THIS SUBDIVISION.
  B. FOR PURPOSES OF THIS SECTION, A BUILDING HAS BEEN DESIGNATED BY THE
DEPARTMENT OF BUILDINGS IF:
  (1) DURING THE PERIOD BEGINNING THE FIRST OF  NOVEMBER,  TWO  THOUSAND
TWELVE  AND ENDING THE THIRTIETH OF NOVEMBER, TWO THOUSAND TWELVE, AFTER
INSPECTION BY THE DEPARTMENT OF BUILDINGS, SUCH BUILDING HAS BEEN DETER-
MINED TO BE SERIOUSLY DAMAGED AND UNSAFE TO ENTER OR OCCUPY OR COMPLETE-
LY DEMOLISHED AS A RESULT OF DAMAGE CAUSED BY THE EFFECTS OF THE  SEVERE
STORM  THAT  OCCURRED  ON THE TWENTY-NINTH AND THIRTIETH OF OCTOBER, TWO
THOUSAND TWELVE, AND SUCH DETERMINATION HAS BEEN INDICATED BY A NOTATION
ON SUCH DEPARTMENT'S RECORDS AND/OR BY THE  POSTING  OF  A  RED  PLACARD
WARNING ON THE BUILDING; OR
  (2)  DURING  THE  PERIOD BEGINNING THE FIRST OF NOVEMBER, TWO THOUSAND
TWELVE AND ENDING THE THIRTIETH OF NOVEMBER, TWO THOUSAND TWELVE,  AFTER
INSPECTION BY THE DEPARTMENT OF BUILDINGS, SUCH BUILDING HAS BEEN DETER-

S. 3702--A                          3

MINED  TO REQUIRE REPAIRS OR TO HAVE A RESTRICTED AREA AND SUCH DETERMI-
NATION HAS BEEN INDICATED BY A NOTATION  ON  SUCH  DEPARTMENT'S  RECORDS
AND/OR  BY  THE  POSTING OF A YELLOW STICKER ON THE BUILDING, AND DURING
THE  PERIOD  BEGINNING  THE  FIRST  OF DECEMBER, TWO THOUSAND TWELVE AND
ENDING  THE  TWENTY-EIGHTH  OF  DECEMBER,  TWO  THOUSAND  TWELVE,  AFTER
INSPECTION  BY  THE  DEPARTMENT  OF BUILDINGS, HAS BEEN DETERMINED TO BE
SERIOUSLY DAMAGED AND UNSAFE TO ENTER OR OCCUPY OR COMPLETELY DEMOLISHED
AS A RESULT OF DAMAGE CAUSED BY THE EFFECTS OF  THE  SEVERE  STORM  THAT
OCCURRED  ON  THE  TWENTY-NINTH  AND  THIRTIETH OF OCTOBER, TWO THOUSAND
TWELVE, AND SUCH DETERMINATION HAS BEEN INDICATED BY A NOTATION ON  SUCH
DEPARTMENT'S  RECORDS  AND/OR BY THE POSTING OF A RED PLACARD WARNING ON
THE BUILDING.
  4. AMOUNT OF REBATE. A. THE AMOUNT OF THE REBATE TO  BE  PAID  BY  THE
COMMISSIONER  OF FINANCE FOR ELIGIBLE REAL PROPERTY PURSUANT TO SUBDIVI-
SION ONE OF THIS SECTION SHALL BE EQUAL TO TWO-THIRDS OF THE ANNUAL TAX,
MULTIPLIED BY A FRACTION, THE  NUMERATOR  OF  WHICH  IS  EQUAL  TO  THAT
PORTION  OF THE ASSESSED VALUATION OF THE ELIGIBLE REAL PROPERTY THAT IS
ATTRIBUTABLE TO THE IMPROVEMENTS ON THE PROPERTY, AND THE DENOMINATOR OF
WHICH IS EQUAL TO THE TOTAL ASSESSED  VALUATION  OF  THE  ELIGIBLE  REAL
PROPERTY.
  B.  EXCEPT  AS PROVIDED IN SUBDIVISION FIVE OF THIS SECTION, FOR RESI-
DENTIAL PROPERTY HELD IN THE COOPERATIVE FORM OF OWNERSHIP,  THE  AMOUNT
OF  THE  REBATE TO BE PAID TO THE OWNER OF A DWELLING UNIT THEREIN SHALL
BE EQUAL TO THAT PROPORTION OF THE AMOUNT CALCULATED UNDER  PARAGRAPH  A
OF  THIS  SUBDIVISION  THAT  IS  ATTRIBUTABLE  TO SUCH DWELLING UNIT, AS
DETERMINED BY THE PROPORTIONAL RELATIONSHIP  OF  THE  OWNER'S  SHARE  OR
SHARES  OF STOCK IN THE COOPERATIVE APARTMENT CORPORATION THAT OWNS SUCH
REAL PROPERTY TO THE TOTAL OUTSTANDING STOCK OF THE  COOPERATIVE  APART-
MENT CORPORATION.
  C. ELIGIBLE REAL PROPERTY WITH NO ANNUAL TAX SHALL NOT BE ELIGIBLE FOR
A REBATE UNDER THIS SECTION.
  D. THE AMOUNT OF THE REBATE OF REAL PROPERTY TAXES GRANTED PURSUANT TO
THIS  SECTION FOR CLASS FOUR ELIGIBLE REAL PROPERTY SHALL NOT EXCEED TEN
THOUSAND DOLLARS.
  5. CALCULATION OF REBATE FOR CERTAIN CLASS ONE REAL PROPERTY  CONSIST-
ING  OF ONE FAMILY HOUSE STRUCTURES SITUATED ON LAND HELD IN COOPERATIVE
OWNERSHIP. A. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION FOUR OF THIS
SECTION, THE AMOUNT OF THE REBATE TO BE  PAID  BY  THE  COMMISSIONER  OF
FINANCE TO THE OWNER OF A BUILDING THAT WAS DESIGNATED BY THE DEPARTMENT
OF BUILDINGS IN ACCORDANCE WITH PARAGRAPH B OF SUBDIVISION THREE OF THIS
SECTION,  THAT IS LOCATED ON ELIGIBLE REAL PROPERTY THAT IS DESCRIBED IN
PARAGRAPH (C) OF SUBDIVISION ONE OF SECTION EIGHTEEN HUNDRED TWO OF THIS
CHAPTER, SHALL BE EQUAL TO TWO-THIRDS OF THE ANNUAL TAX ON THE  PROPERTY
OF THE COOPERATIVE DEVELOPMENT, (1) MULTIPLIED BY A FRACTION, THE NUMER-
ATOR  OF WHICH IS EQUAL TO THAT PORTION OF THE ASSESSED VALUATION OF THE
ELIGIBLE REAL PROPERTY IN THE COOPERATIVE DEVELOPMENT THAT IS  ATTRIBUT-
ABLE  TO  THE IMPROVEMENTS ON THE PROPERTY, AND THE DENOMINATOR OF WHICH
IS EQUAL TO THE TOTAL ASSESSED VALUATION OF THE ELIGIBLE  REAL  PROPERTY
IN THE COOPERATIVE DEVELOPMENT, AND (2) MULTIPLIED BY A SECOND FRACTION,
THE  NUMERATOR OF WHICH IS EQUAL TO THE NUMBER OF BUILDINGS IN THE COOP-
ERATIVE DEVELOPMENT THAT HAVE  BEEN  DESIGNATED  BY  THE  DEPARTMENT  OF
BUILDINGS  IN  ACCORDANCE  WITH PARAGRAPH B OF SUBDIVISION THREE OF THIS
SECTION, AND THE DENOMINATOR OF WHICH IS THE TOTAL NUMBER  OF  BUILDINGS
THAT WERE LOCATED IN THE COOPERATIVE DEVELOPMENT AS OF THE TWENTY-EIGHTH
DAY  OF  OCTOBER, TWO THOUSAND TWELVE, THEN (3) DIVIDED BY THE NUMBER OF
BUILDINGS IN THE COOPERATIVE DEVELOPMENT THAT HAVE  BEEN  DESIGNATED  BY

S. 3702--A                          4

THE  DEPARTMENT  OF BUILDINGS IN ACCORDANCE WITH PARAGRAPH B OF SUBDIVI-
SION THREE OF THIS SECTION.
  B. ELIGIBLE REAL PROPERTY DESCRIBED IN THIS SUBDIVISION WITH NO ANNUAL
TAX SHALL NOT BE ELIGIBLE FOR A REBATE UNDER THIS SECTION.
  6. ISSUING A REBATE. A. THE COMMISSIONER OF FINANCE SHALL:
  (1)  MAIL  THE  REBATE  AUTHORIZED BY THIS SECTION TO THE PERSON WHOSE
NAME APPEARS ON THE RECORDS OF THE DEPARTMENT OF FINANCE AS THE OWNER OF
THE ELIGIBLE REAL PROPERTY OR  DWELLING  UNIT  LOCATED  THEREIN,  AT  AN
ADDRESS  ON  THE  RECORDS OF THE DEPARTMENT OF FINANCE AS THE ADDRESS OF
SUCH OWNER, AND IF NO SUCH ADDRESS APPEARS ON THE RECORDS OF THE DEPART-
MENT OF FINANCE, THEN TO THE ADDRESS, IF ANY, APPEARING  IN  THE  LATEST
ASSESSMENT ROLL AS THE ADDRESS OF THE OWNER OF THE ELIGIBLE REAL PROPER-
TY.  NOTWITHSTANDING THE PREVIOUS SENTENCE, IF AN OWNER HAS NOTIFIED THE
UNITED STATES POSTAL SERVICE OF A FORWARDING ADDRESS FOR MAIL THAT WOULD
OTHERWISE HAVE BEEN SENT TO ANY OF THE ADDRESSES DESCRIBED IN THE PREVI-
OUS SENTENCE, THEN THE COMMISSIONER  OF  FINANCE  MAY  MAIL  THE  REBATE
AUTHORIZED BY THIS SECTION TO SUCH FORWARDING ADDRESS; OR
  2.  APPLY  THE  REBATE  AS A CREDIT AGAINST REAL PROPERTY TAXES TO THE
OWNER OF THE ELIGIBLE REAL PROPERTY FOR THE FISCAL YEAR BEGINNING ON THE
FIRST OF JULY, TWO THOUSAND TWELVE OR FOR THE FOLLOWING FISCAL YEAR.
  B. NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH A OF THIS  SUBDIVISION,
WITH  RESPECT  TO  ANY  REBATE  TO WHICH AN OWNER OF A BUILDING THAT WAS
DESIGNATED BY THE DEPARTMENT OF BUILDINGS IN ACCORDANCE WITH PARAGRAPH B
OF SUBDIVISION THREE OF THIS SECTION THAT IS LOCATED  ON  ELIGIBLE  REAL
PROPERTY  THAT  IS  DESCRIBED  IN  PARAGRAPH  (C)  OF SUBDIVISION ONE OF
SECTION EIGHTEEN HUNDRED TWO OF THIS  CHAPTER  IS  ENTITLED  UNDER  THIS
SECTION, THE COMMISSIONER OF FINANCE SHALL EITHER:
  (1)  MAIL  THE  REBATE  TO  THE  COOPERATIVE  DEVELOPMENT OF WHICH THE
OWNER'S PROPERTY IS A PART, AT THE ADDRESS ON THE RECORDS OF THE DEPART-
MENT OF FINANCE AS THE ADDRESS OF THE COOPERATIVE  CORPORATION  THAT  IS
THE OWNER OF THE LAND INCLUDED IN THE COOPERATIVE DEVELOPMENT, AND IF NO
SUCH  ADDRESS  APPEARS ON THE RECORDS OF THE DEPARTMENT OF FINANCE, THEN
TO THE ADDRESS, IF ANY, APPEARING IN THE LATEST ASSESSMENT ROLL  AS  THE
ADDRESS  OF  THE  OWNER  OF  SUCH  LAND.  NOTWITHSTANDING  THE  PREVIOUS
SENTENCE, IF THE COOPERATIVE CORPORATION HAS NOTIFIED THE UNITED  STATES
POSTAL  SERVICE  OF  A  FORWARDING ADDRESS FOR MAIL THAT WOULD OTHERWISE
HAVE BEEN SENT TO  ANY  OF  THE  ADDRESSES  DESCRIBED  IN  THE  PREVIOUS
SENTENCE,  THEN  THE COMMISSIONER OF FINANCE MAY MAIL THE REBATE AUTHOR-
IZED BY THIS SECTION TO SUCH FORWARDING ADDRESS; OR
  (2) APPLY THE REBATE AS A CREDIT AGAINST REAL PROPERTY  TAXES  TO  THE
COOPERATIVE  DEVELOPMENT OF WHICH THE OWNER'S PROPERTY IS A PART FOR THE
FISCAL YEAR BEGINNING ON THE FIRST OF JULY, TWO THOUSAND TWELVE  OR  FOR
THE FOLLOWING FISCAL YEAR.
  7. RECOVERY OF ERRONEOUS REBATE. IF THE COMMISSIONER OF FINANCE DETER-
MINES  (A)  THAT  AN  OWNER  WHO RECEIVED A REBATE WAS NOT ENTITLED TO A
REBATE UNDER THIS SECTION, OR (B) THAT A REBATE WAS PAID  OR  CALCULATED
IN  ERROR  UNDER THIS SECTION, THE COMMISSIONER OF FINANCE SHALL RECOVER
OR RECALCULATE SUCH REBATE AND THE AMOUNT OF THE  REBATE  OR  AN  AMOUNT
EQUAL  TO  THE  DIFFERENCE  BETWEEN  THE  REBATE ORIGINALLY PAID AND THE
AMOUNT TO WHICH THE OWNER WAS ENTITLED SHALL BE DEDUCTED FROM ANY REFUND
OR REBATE OTHERWISE PAYABLE TO THE OWNER, AND ANY BALANCE OF SUCH AMOUNT
REMAINING UNPAID SHALL BE PAID TO THE COMMISSIONER OF FINANCE  NO  LATER
THAN THE DUE AND PAYABLE DATE PROVIDED ON A NOTICE OF THE AMOUNT PAYABLE
MAILED BY THE COMMISSIONER OF FINANCE. SUCH AMOUNT PAYABLE SHALL CONSTI-
TUTE  A  TAX LIEN ON THE REAL PROPERTY OWNED BY SUCH OWNER AS OF THE DUE
AND PAYABLE DATE PROVIDED ON SUCH NOTICE, AND, IF NOT PAID BY  SUCH  DUE

S. 3702--A                          5

AND  PAYABLE  DATE,  INTEREST  AT THE RATE APPLICABLE TO DELINQUENT REAL
PROPERTY TAXES ON SUCH PROPERTY SHALL BE CHARGED AND COLLECTED  ON  SUCH
AMOUNT FROM THE DUE AND PAYABLE DATE PROVIDED ON SUCH NOTICE TO THE DATE
OF  PAYMENT,  AND SUCH AMOUNT PAYABLE SHALL BE ENFORCEABLE AS A TAX LIEN
IN ACCORDANCE WITH PROVISIONS OF LAW RELATING TO THE ENFORCEMENT OF  TAX
LIENS IN ANY SUCH CITY.
  8.  REBATE  NOT DEEMED A REFUND. ANY REBATE AUTHORIZED BY THIS SECTION
TO BE PAID BY THE COMMISSIONER OF FINANCE SHALL NOT BE DEEMED  TO  BE  A
REFUND OF A REAL PROPERTY TAX PAYMENT.
  9.  ADMINISTRATIVE AND JUDICIAL PROCEEDINGS. IF, IN ANY ADMINISTRATIVE
OR JUDICIAL PROCEEDING, THE ASSESSED VALUATION OF ELIGIBLE REAL PROPERTY
IS REDUCED FOR THE FISCAL YEAR BEGINNING ON THE FIRST OF JULY, TWO THOU-
SAND TWELVE, AND SUCH REDUCTION RESULTS IN A RETURN  OF  OVERPAYMENT  OF
REAL PROPERTY TAXES PAID WITH RESPECT TO SUCH FISCAL YEAR, THE AMOUNT OF
SUCH  OVERPAYMENT  SHALL  BE  REDUCED  BY  THE AMOUNT OF ANY REBATE PAID
PURSUANT TO THIS SECTION. IF  SUCH  OVERPAYMENT  IS  RETURNED  BEFORE  A
REBATE  IS  PAID PURSUANT TO THIS SECTION, THE AMOUNT OF ANY REBATE PAID
PURSUANT TO THIS SECTION SHALL BE REDUCED BY THE AMOUNT OF SUCH OVERPAY-
MENT.
  10. RULEMAKING. THE COMMISSIONER OF FINANCE  SHALL  BE  AUTHORIZED  TO
PROMULGATE RULES NECESSARY TO EFFECTUATE THE PURPOSES OF THIS SECTION.
  S 2. Severability. If any clause, sentence, paragraph, section or part
of  this  act  shall be adjudged to be unconstitutional or invalid, such
judgment shall not affect, impair or invalidate the  remainder  thereof,
but  shall  be  confined in its operation to the clause, sentence, para-
graph, section or part thereof directly involved in the  controversy  in
which such judgment shall have been rendered, provided that if paragraph
d  of  subdivision  4  of section 467-g of the real property tax law, as
added by section one of this act, shall be adjudged  to  be  invalid  or
unconstitutional  on  its  face  or  in its application to any person or
circumstances by a court of competent jurisdiction, then class four real
property shall not be eligible for a rebate pursuant to section 467-g of
the real property tax law, as added by section one of this act.
  S 3. This act shall take effect immediately.

co-Sponsors

View additional co-sponsors

2013-S3702B (ACTIVE) - Details

Law Section:: Real Property Tax Law
Laws Affected:: Add §467-g, RPT L

2013-S3702B (ACTIVE) - Summary

Provides for process for rebate of real property taxes on residential real property seriously damaged by severe storm of October 29 & 30, 2012 in cities of one million or more.

2013-S3702B (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S3702B

TITLE OF BILL:  An act to amend the real property tax law, in relation
to a rebate of real property taxes on real property seriously damaged
by the severe storm that occurred on the twenty-ninth and thirtieth of
October, two thousand twelve in a city having a population of one
million or more

SUMMARY OF PROVISIONS:

Section one of this bill adds a new section 467-g to the Real Property
Tax Law to authorize cities with a population of one million or more
to grant a rebate of real property taxes for any tax lot in such city
that, as of the taxable status date for assessment of real property in
such city for fiscal year 2013, covering the period between July 1,
2012 and June 30, 2013, contained property on which there is a
building that the Department of Buildings of such city, after
inspection, has, during the period between November 1, 2012 and
November 30, 2012, determined either (a) that a building on the tax
lot was seriously damaged and is unsafe to enter or occupy or was
completely demolished as a result of the effects of Hurricane Sandy
and such determination has been indicated by a notation on Department
of Buildings records and/or by the posting of a red placard warning on
the building; or (b) that a building on the tax lot requires repairs
or has a restricted area, and such determination has been indicated on
Department of Buildings records and/or by the posting of a yellow

sticker on the building, and, during the period beginning December 1,
2012 and ending December 28, 2012, the Department of Buildings
determined the building to be seriously damaged and unsafe to enter or
occupy or completely demolished as a result of the effects of
Hurricane Sandy, and such determination has been indicated by a
notation on DOB records and/or by the posting of a red placard warning
on the building.

The bill provides that the rebate be paid to the owner who owned the
building on October 30, 2012. The amount of the rebate is equal to
two-thirds of that portion of the annual tax on an eligible real
property that is attributable to the assessed valuation of the
improvements on the property. With respect to eligible cooperative
property, each unit owner is entitled to that portion of the rebate
calculated for the entire property that is attributable to the unit,
as determined by the proportion of the shares of stock representing
the unit to the total outstanding stock of the cooperative
corporation. With respect to real property described in paragraph (c)
of subdivision 1 of section 1802 of the Real Property Tax Law, that
is, residential real property consisting of one-family owner-occupied
houses situated on land held in cooperative ownership by owner
occupiers that constituted bungalow colonies in existence prior to
1940, the amount of the rebate is calculated to reflect cases in which
only some of the houses located in the cooperative development meet
the bill's definition of eligible real property. For such property,
the amount of the rebate is equal to two-thirds of that portion of the
annual tax on the entire cooperative development of which the owner's
building is a part, that is attributable to the assessed valuation of
the improvements on the cooperative development, multiplied by a
fraction, the numerator of which is equal to the number of buildings
in the cooperative development that were designated by the Department


of Buildings as described above, and the denominator of which is the
total number of buildings that were located in the cooperative
development as of October 28, 2012, the day immediately prior to the
onset of Hurricane Sandy, divided by the number of buildings in the
cooperative development that were designated by the Department of
Buildings as described above.

No rebate is made available for a property with no annual tax, or for
a property with real property tax arrears in excess of $25.00 for
fiscal year 2013 or any prior year. However, the bill provides that if
the Commissioner of Finance denies a rebate because of tax arrears,
the owner will be so notified and given the opportunity to become
eligible for the rebate by paying the arrears in full within six
months. Annual tax is defined in the bill as the amount of tax that is
actually imposed on eligible real property, and does not include any
amount from which an eligible real property is exempt, or which is
abated, pursuant to applicable law. This bill also makes provisions
for the mailing of the rebate to an appropriate forwarding address;
and for the collection of erroneous payments.

Section two provides for the bill to take effect immediately.

REASONS FOR SUPPORT:

This legislation would provide real property tax relief to New York
City residents whose properties were severely damaged by Hurricane
Sandy. Under current law, the taxable status of real property in New
York City was fixed for the 2013 fiscal year on January 5, 2012, the
taxable status date for real property, and real property taxes billed
for fiscal year 2013 must be based on the condition of the real
property on that date. Beginning on October 29, 2012, and continuing
thereafter, Hurricane Sandy caused a severe storm surge in areas of
New York City that resulted in damage to a number of buildings. The
Department of Buildings (DOB) has inspected the structural stability
of buildings affected by the hurricane and tagged with a red placard
and/or indicated on its records, those buildings that it determined to
be seriously damaged and unsafe to enter or occupy or completely
demolished as a result of the effects of the hurricane.

Current law does not provide a mechanism for reducing the assessed
valuation of real property and the tax based thereon for fiscal year
2013 to reflect the serious damage and resulting decrease in value
that was inflicted on real property by Hurricane Sandy. In order to
assist owners and tenant-stockholders of properties on which there is
a building that the Department of Buildings determined to be seriously
damaged and unsafe to enter or occupy or completely demolished as a
result of the effects of Hurricane Sandy, this bill authorizes a city
with a population of one million or more to enact a local law to grant
a rebate of real property taxes to owners and tenant-stockholders of
eligible properties. The amount of the rebate reflects the reduction
in value of the improvements on eligible property for a period of
eight months (two-thirds of a year) from the date of Hurricane Sandy
to the end of fiscal year 2013. These rebates would provide much
needed relief to some of our most devastated citizens.

Accordingly, the Mayor urges the earliest possible favorable
consideration of this proposal by the Legislature.

2013-S3702B (ACTIVE) - Bill Text download pdf

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

                                 3702--B
    Cal. No. 198

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 11, 2013
                               ___________

Introduced  by  Sens.  LANZA,  GOLDEN,  SAVINO,  FELDER,  ADAMS, AVELLA,
  HASSELL-THOMPSON, SAMPSON, SMITH -- read twice  and  ordered  printed,
  and  when  printed  to  be  committed  to  the  Committee on Cities --
  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 -- again 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  rebate  of
  real  property  taxes on real property seriously damaged by the severe
  storm that occurred on the twenty-ninth and thirtieth of October,  two
  thousand twelve in a city having a population of one million or more

  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 467-g to read as follows:
  S  467-G. REBATE FOR OWNERS OF CERTAIN REAL PROPERTY SERIOUSLY DAMAGED
BY THE SEVERE STORM THAT OCCURRED ON THE TWENTY-NINTH AND  THIRTIETH  OF
OCTOBER,  TWO  THOUSAND  TWELVE  IN  A  CITY  HAVING A POPULATION OF ONE
MILLION OR MORE. 1. GENERALLY.   NOTWITHSTANDING ANY  PROVISION  OF  ANY
GENERAL,  SPECIAL  OR LOCAL LAW TO THE CONTRARY, ANY CITY HAVING A POPU-
LATION OF ONE MILLION OR MORE IS  HEREBY  AUTHORIZED  AND  EMPOWERED  TO
ADOPT  AND  AMEND  LOCAL LAWS IN ACCORDANCE WITH THIS SECTION TO GRANT A
REBATE OF REAL PROPERTY TAXES FOR THE FISCAL YEAR BEGINNING ON THE FIRST
OF JULY, TWO THOUSAND TWELVE, IN THE AMOUNT PROVIDED  IN  THIS  SECTION.
SUCH REBATE SHALL BE PAID BY THE COMMISSIONER OF FINANCE TO AN OWNER WHO
OWNED  ELIGIBLE  REAL  PROPERTY  AS DEFINED IN SUBDIVISION THREE OF THIS
SECTION OR A UNIT IN SUCH ELIGIBLE REAL PROPERTY  ON  THE  THIRTIETH  OF
OCTOBER,  TWO THOUSAND TWELVE. IF LEGAL TITLE TO ELIGIBLE REAL PROPERTY,
OR OWNERSHIP OF SHARES OF STOCK REPRESENTING A DWELLING UNIT, IS HELD BY
ONE OR MORE TRUSTEES, THE BENEFICIAL OWNER OR OWNERS SHALL BE DEEMED  TO
OWN THE PROPERTY OR DWELLING UNIT FOR PURPOSES OF THIS SECTION. NOTWITH-

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

                                                           LBD08779-09-3

S. 3702--B                          2

STANDING  ANY  PROVISION OF THIS ARTICLE TO THE CONTRARY, AN OWNER WHOSE
PROPERTY IS RECEIVING BENEFITS PURSUANT TO ANY  OTHER  SECTION  OF  THIS
ARTICLE SHALL NOT BE PROHIBITED FROM RECEIVING A REBATE PURSUANT TO THIS
SECTION IF SUCH OWNER IS OTHERWISE ELIGIBLE TO RECEIVE SUCH REBATE.
  2. DEFINITIONS. AS USED IN THIS SECTION:
  A.  "ANNUAL TAX" MEANS THE AMOUNT OF REAL PROPERTY TAX THAT IS IMPOSED
ON A PROPERTY FOR THE FISCAL YEAR BEGINNING ON THE FIRST  OF  JULY,  TWO
THOUSAND  TWELVE,  DETERMINED  AFTER REDUCTION FOR ANY AMOUNT FROM WHICH
THE PROPERTY IS EXEMPT, OR WHICH IS ABATED, PURSUANT TO APPLICABLE LAW.
  B. "ASSESSED VALUATION" MEANS THE ASSESSED VALUATION OF REAL  PROPERTY
THAT  WAS  USED TO DETERMINE THE ANNUAL TAX AS DEFINED IN PARAGRAPH A OF
THIS SUBDIVISION, AND WHICH IS NOT REDUCED BY ANY  EXEMPTION  FROM  REAL
PROPERTY  TAXES. FOR REAL PROPERTY CLASSIFIED AS CLASS TWO OR CLASS FOUR
REAL PROPERTY AS DEFINED IN SUBDIVISION ONE OF SECTION EIGHTEEN  HUNDRED
TWO  OF  THIS  CHAPTER  TO  WHICH  SUBDIVISION THREE OF SECTION EIGHTEEN
HUNDRED FIVE OF THIS CHAPTER APPLIES,  THE  ASSESSED  VALUATION  IS  THE
LOWER  OF  THE ASSESSED VALUATION AND TRANSITIONAL ASSESSED VALUATION AS
PROVIDED IN SUBDIVISION THREE OF SECTION EIGHTEEN HUNDRED FIVE  OF  THIS
CHAPTER,  AND  WHICH  IS NOT REDUCED BY ANY EXEMPTION FROM REAL PROPERTY
TAXES.
  C. "COMMISSIONER OF FINANCE" MEANS THE COMMISSIONER OF  FINANCE  OF  A
CITY HAVING A POPULATION OF ONE MILLION OR MORE, OR HIS OR HER DESIGNEE.
  D.   "COOPERATIVE  DEVELOPMENT"  MEANS,  WITH  RESPECT  TO  PROPERTIES
DESCRIBED IN SUBPARAGRAPH (C) OF PARAGRAPH CLASS ONE OF SUBDIVISION  ONE
OF  SECTION EIGHTEEN HUNDRED TWO OF THIS CHAPTER, ALL OF THE PROPERTIES,
INCLUDING THE LAND AND IMPROVEMENTS THEREON, AS TO  WHICH  THE  LAND  IS
HELD BY A SINGLE COOPERATIVE CORPORATION.
  E.  "DEPARTMENT  OF  BUILDINGS" MEANS THE DEPARTMENT OF BUILDINGS OF A
CITY HAVING A POPULATION OF ONE MILLION OR MORE.
  F. "DEPARTMENT OF FINANCE" MEANS THE DEPARTMENT OF FINANCE OF  A  CITY
HAVING A POPULATION OF ONE MILLION OR MORE.
  G.  "OWNER"  MEANS THE OWNER OF REAL PROPERTY, OR A TENANT-STOCKHOLDER
OF A UNIT IN REAL PROPERTY HELD IN THE COOPERATIVE FORM OF OWNERSHIP  ON
THE THIRTIETH OF OCTOBER, TWO THOUSAND TWELVE.
  3.  ELIGIBLE REAL PROPERTY. A. FOR PURPOSES OF THIS SECTION, "ELIGIBLE
REAL PROPERTY" MEANS ANY TAX LOT THAT CONTAINED, ON THE APPLICABLE TAXA-
BLE STATUS DATE, CLASS ONE, CLASS TWO OR CLASS  FOUR  REAL  PROPERTY  AS
SUCH  CLASSES OF REAL PROPERTY ARE DEFINED IN SUBDIVISION ONE OF SECTION
EIGHTEEN HUNDRED TWO OF THIS CHAPTER, ON WHICH  ANY  BUILDING  HAS  BEEN
DESIGNATED BY THE DEPARTMENT OF BUILDINGS IN ACCORDANCE WITH PARAGRAPH B
OF THIS SUBDIVISION.
  B. FOR PURPOSES OF THIS SECTION, A BUILDING HAS BEEN DESIGNATED BY THE
DEPARTMENT OF BUILDINGS IF:
  (1) DURING THE PERIOD BEGINNING ON THE FIRST OF NOVEMBER, TWO THOUSAND
TWELVE  AND  ENDING  ON  THE THIRTIETH OF NOVEMBER, TWO THOUSAND TWELVE,
AFTER INSPECTION BY THE DEPARTMENT, SUCH BUILDING HAS BEEN DETERMINED TO
BE SERIOUSLY DAMAGED AND UNSAFE TO ENTER OR OCCUPY OR COMPLETELY  DEMOL-
ISHED  AS  A  RESULT OF DAMAGE CAUSED BY THE EFFECTS OF THE SEVERE STORM
THAT OCCURRED ON THE TWENTY-NINTH AND THIRTIETH OF OCTOBER, TWO THOUSAND
TWELVE, AND SUCH DETERMINATION HAS BEEN INDICATED BY A NOTATION ON  SUCH
DEPARTMENT'S  RECORDS  AND/OR BY THE POSTING OF A RED PLACARD WARNING ON
THE BUILDING; OR
  (2) DURING THE PERIOD BEGINNING ON THE FIRST OF NOVEMBER, TWO THOUSAND
TWELVE AND ENDING ON THE THIRTIETH OF  NOVEMBER,  TWO  THOUSAND  TWELVE,
AFTER INSPECTION BY THE DEPARTMENT, SUCH BUILDING HAS BEEN DETERMINED TO
REQUIRE  REPAIRS OR TO HAVE A RESTRICTED AREA AND SUCH DETERMINATION HAS

S. 3702--B                          3

BEEN INDICATED BY A NOTATION ON SUCH DEPARTMENT'S RECORDS AND/OR BY  THE
POSTING  OF  A  YELLOW  STICKER  ON  THE BUILDING, AND DURING THE PERIOD
BEGINNING ON THE FIRST OF DECEMBER, TWO THOUSAND TWELVE  AND  ENDING  ON
THE  TWENTY-EIGHTH OF DECEMBER, TWO THOUSAND TWELVE, AFTER INSPECTION BY
THE DEPARTMENT, SUCH  BUILDING  HAS  BEEN  DETERMINED  TO  BE  SERIOUSLY
DAMAGED  AND  UNSAFE  TO  ENTER  OR OCCUPY OR COMPLETELY DEMOLISHED AS A
RESULT OF DAMAGE CAUSED BY THE EFFECTS OF THE SEVERE STORM THAT OCCURRED
ON THE TWENTY-NINTH AND THIRTIETH OF OCTOBER, TWO THOUSAND  TWELVE,  AND
SUCH DETERMINATION HAS BEEN INDICATED BY A NOTATION ON SUCH DEPARTMENT'S
RECORDS AND/OR BY THE POSTING OF A RED PLACARD WARNING ON THE BUILDING.
  4.  AMOUNT  OF  REBATE.  A. THE AMOUNT OF THE REBATE TO BE PAID BY THE
COMMISSIONER OF FINANCE FOR ELIGIBLE REAL PROPERTY PURSUANT TO  SUBDIVI-
SION ONE OF THIS SECTION SHALL BE EQUAL TO TWO-THIRDS OF THE ANNUAL TAX,
MULTIPLIED  BY  A  FRACTION,  THE  NUMERATOR  OF  WHICH IS EQUAL TO THAT
PORTION OF THE ASSESSED VALUATION OF THE ELIGIBLE REAL PROPERTY THAT  IS
ATTRIBUTABLE TO THE IMPROVEMENTS ON THE PROPERTY, AND THE DENOMINATOR OF
WHICH  IS  EQUAL  TO  THE  TOTAL ASSESSED VALUATION OF THE ELIGIBLE REAL
PROPERTY.
  B. EXCEPT AS PROVIDED IN SUBDIVISION FIVE OF THIS SECTION, FOR PROPER-
TY HELD IN THE COOPERATIVE FORM OF OWNERSHIP, THE AMOUNT OF  THE  REBATE
TO BE PAID TO THE OWNER OF A UNIT THEREIN SHALL BE EQUAL TO THAT PROPOR-
TION OF THE AMOUNT CALCULATED UNDER PARAGRAPH A OF THIS SUBDIVISION THAT
IS  ATTRIBUTABLE  TO  SUCH  UNIT,  AS  DETERMINED  BY  THE  PROPORTIONAL
RELATIONSHIP OF THE OWNER'S SHARE OR SHARES OF STOCK IN THE  COOPERATIVE
APARTMENT  CORPORATION  THAT  OWNS  SUCH  REAL  PROPERTY  TO  THE  TOTAL
OUTSTANDING STOCK OF THE COOPERATIVE APARTMENT CORPORATION.
  C. ELIGIBLE REAL PROPERTY WITH NO ANNUAL TAX SHALL NOT BE ELIGIBLE FOR
A REBATE UNDER THIS SECTION.
  5. CALCULATION OF REBATE FOR CERTAIN CLASS ONE REAL PROPERTY  CONSIST-
ING  OF ONE FAMILY HOUSE STRUCTURES SITUATED ON LAND HELD IN COOPERATIVE
OWNERSHIP.
  A. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION FOUR OF THIS SECTION,
THE AMOUNT OF THE REBATE TO BE PAID BY THE COMMISSIONER  OF  FINANCE  TO
THE  OWNER OF A BUILDING THAT WAS DESIGNATED BY THE DEPARTMENT OF BUILD-
INGS IN ACCORDANCE  WITH  PARAGRAPH  B  OF  SUBDIVISION  THREE  OF  THIS
SECTION,  THAT IS LOCATED ON ELIGIBLE REAL PROPERTY THAT IS DESCRIBED IN
SUBPARAGRAPH (C) OF PARAGRAPH CLASS ONE OF SUBDIVISION  ONE  OF  SECTION
EIGHTEEN  HUNDRED  TWO  OF THIS CHAPTER, SHALL BE EQUAL TO TWO-THIRDS OF
THE ANNUAL TAX ON THE  PROPERTY  OF  THE  COOPERATIVE  DEVELOPMENT,  (1)
MULTIPLIED  BY  A  FRACTION,  THE  NUMERATOR  OF  WHICH IS EQUAL TO THAT
PORTION OF THE ASSESSED VALUATION OF THE ELIGIBLE REAL PROPERTY  IN  THE
COOPERATIVE  DEVELOPMENT THAT IS ATTRIBUTABLE TO THE IMPROVEMENTS ON THE
PROPERTY, AND THE DENOMINATOR OF WHICH IS EQUAL TO  THE  TOTAL  ASSESSED
VALUATION  OF THE ELIGIBLE REAL PROPERTY IN THE COOPERATIVE DEVELOPMENT,
AND (2) MULTIPLIED BY A SECOND FRACTION, THE NUMERATOR OF WHICH IS EQUAL
TO THE NUMBER OF BUILDINGS IN THE COOPERATIVE DEVELOPMENT THAT HAVE BEEN
DESIGNATED BY THE DEPARTMENT OF BUILDINGS IN ACCORDANCE WITH PARAGRAPH B
OF SUBDIVISION THREE OF THIS SECTION, AND THE DENOMINATOR  OF  WHICH  IS
THE  TOTAL  NUMBER  OF  BUILDINGS  THAT  WERE LOCATED IN THE COOPERATIVE
DEVELOPMENT AS OF THE TWENTY-EIGHTH DAY OF OCTOBER, TWO THOUSAND TWELVE,
THEN (3) DIVIDED BY THE NUMBER OF BUILDINGS IN THE COOPERATIVE  DEVELOP-
MENT THAT HAVE BEEN DESIGNATED BY THE DEPARTMENT OF BUILDINGS IN ACCORD-
ANCE WITH PARAGRAPH B OF SUBDIVISION THREE OF THIS SECTION.
  B. ELIGIBLE REAL PROPERTY DESCRIBED IN THIS SUBDIVISION WITH NO ANNUAL
TAX SHALL NOT BE ELIGIBLE FOR A REBATE UNDER THIS SECTION.

S. 3702--B                          4

  6.  MAILING  OF  REBATE. A. THE COMMISSIONER OF FINANCE SHALL MAIL THE
REBATE AUTHORIZED BY THIS SECTION TO THE PERSON WHOSE  NAME  APPEARS  ON
THE  RECORDS  OF  THE DEPARTMENT OF FINANCE AS THE OWNER OF THE ELIGIBLE
REAL PROPERTY OR UNIT LOCATED THEREIN ON THE THIRTIETH OF  OCTOBER,  TWO
THOUSAND  TWELVE,  AT  AN  ADDRESS  ON  THE RECORDS OF THE DEPARTMENT OF
FINANCE AS THE ADDRESS OF SUCH OWNER, AND IF NO SUCH ADDRESS APPEARS  ON
THE  RECORDS  OF THE DEPARTMENT OF FINANCE, THEN TO THE ADDRESS, IF ANY,
APPEARING IN THE LATEST ASSESSMENT ROLL AS THE ADDRESS OF THE  OWNER  OF
THE ELIGIBLE REAL PROPERTY. NOTWITHSTANDING THE PREVIOUS SENTENCE, IF AN
OWNER  HAS  NOTIFIED  THE  UNITED  STATES POSTAL SERVICE OF A FORWARDING
ADDRESS FOR MAIL THAT WOULD OTHERWISE HAVE  BEEN  SENT  TO  ANY  OF  THE
ADDRESSES  DESCRIBED  IN THE PREVIOUS SENTENCE, THEN THE COMMISSIONER OF
FINANCE MAY MAIL THE REBATE AUTHORIZED BY THIS SECTION TO SUCH  FORWARD-
ING ADDRESS.
  B.  NOTWITHSTANDING  PARAGRAPH  A OF THIS SUBDIVISION, WITH RESPECT TO
ANY REBATE TO WHICH AN OWNER OF A BUILDING THAT WAS  DESIGNATED  BY  THE
DEPARTMENT  OF  BUILDINGS  IN ACCORDANCE WITH PARAGRAPH B OF SUBDIVISION
THREE OF THIS SECTION THAT IS LOCATED ON ELIGIBLE REAL PROPERTY THAT  IS
DESCRIBED  IN SUBPARAGRAPH (C) OF PARAGRAPH CLASS ONE OF SUBDIVISION ONE
OF SECTION EIGHTEEN HUNDRED TWO OF THIS CHAPTER IS ENTITLED  UNDER  THIS
SECTION,  THE COMMISSIONER OF FINANCE SHALL MAIL THE REBATE TO THE COOP-
ERATIVE DEVELOPMENT OF WHICH THE OWNER'S PROPERTY  IS  A  PART,  AT  THE
ADDRESS  ON  THE  RECORDS OF THE DEPARTMENT OF FINANCE AS THE ADDRESS OF
THE COOPERATIVE CORPORATION THAT IS THE OWNER OF THE  LAND  INCLUDED  IN
THE  COOPERATIVE  DEVELOPMENT,  AND  IF  NO  SUCH ADDRESS APPEARS ON THE
RECORDS OF THE DEPARTMENT OF FINANCE,  THEN  TO  THE  ADDRESS,  IF  ANY,
APPEARING  IN  THE LATEST ASSESSMENT ROLL AS THE ADDRESS OF THE OWNER OF
SUCH LAND. NOTWITHSTANDING THE PREVIOUS  SENTENCE,  IF  THE  COOPERATIVE
CORPORATION  HAS NOTIFIED THE UNITED STATES POSTAL SERVICE OF A FORWARD-
ING ADDRESS FOR MAIL THAT WOULD OTHERWISE HAVE BEEN SENT TO ANY  OF  THE
ADDRESSES  DESCRIBED  IN THE PREVIOUS SENTENCE, THEN THE COMMISSIONER OF
FINANCE MAY MAIL THE REBATE AUTHORIZED BY THIS SECTION TO SUCH  FORWARD-
ING ADDRESS.
  7. RECOVERY OF ERRONEOUS REBATE. IF THE COMMISSIONER OF FINANCE DETER-
MINES  (A)  THAT  AN  OWNER  WHO RECEIVED A REBATE WAS NOT ENTITLED TO A
REBATE UNDER THIS SECTION, OR (B) THAT A REBATE WAS PAID  OR  CALCULATED
IN  ERROR  UNDER THIS SECTION, THE COMMISSIONER OF FINANCE SHALL RECOVER
OR RECALCULATE SUCH REBATE AND THE AMOUNT OF THE  REBATE  OR  AN  AMOUNT
EQUAL  TO  THE  DIFFERENCE  BETWEEN  THE  REBATE ORIGINALLY PAID AND THE
AMOUNT TO WHICH THE OWNER WAS ENTITLED SHALL BE DEDUCTED FROM ANY REFUND
OR REBATE OTHERWISE PAYABLE TO THE OWNER, AND ANY BALANCE OF SUCH AMOUNT
REMAINING UNPAID SHALL BE PAID TO THE COMMISSIONER OF FINANCE  NO  LATER
THAN THE DUE AND PAYABLE DATE PROVIDED ON A NOTICE OF THE AMOUNT PAYABLE
MAILED BY THE COMMISSIONER OF FINANCE. SUCH AMOUNT PAYABLE SHALL CONSTI-
TUTE  A  TAX LIEN ON THE REAL PROPERTY OWNED BY SUCH OWNER AS OF THE DUE
AND PAYABLE DATE PROVIDED ON SUCH NOTICE, AND, IF NOT PAID BY  SUCH  DUE
AND  PAYABLE  DATE,  INTEREST  AT THE RATE APPLICABLE TO DELINQUENT REAL
PROPERTY TAXES ON SUCH PROPERTY SHALL BE CHARGED AND COLLECTED  ON  SUCH
AMOUNT FROM THE DUE AND PAYABLE DATE PROVIDED ON SUCH NOTICE TO THE DATE
OF  PAYMENT,  AND SUCH AMOUNT PAYABLE SHALL BE ENFORCEABLE AS A TAX LIEN
IN ACCORDANCE WITH PROVISIONS OF LAW RELATING TO THE ENFORCEMENT OF  TAX
LIENS IN ANY SUCH CITY.
  8.  REBATE  NOT DEEMED A REFUND. ANY REBATE AUTHORIZED BY THIS SECTION
TO BE PAID BY THE COMMISSIONER OF FINANCE SHALL NOT BE DEEMED  TO  BE  A
REFUND OF A REAL PROPERTY TAX PAYMENT.

S. 3702--B                          5

  9.  OVERPAYMENT.    IF,  IN ANY PROCEEDING BROUGHT PURSUANT TO ARTICLE
SEVEN OF THE REAL PROPERTY TAX LAW, THE ASSESSED VALUATION  OF  ELIGIBLE
REAL  PROPERTY  IS REDUCED FOR THE FISCAL YEAR BEGINNING ON THE FIRST OF
JULY, TWO THOUSAND TWELVE, AND SUCH REDUCTION RESULTS  IN  A  RETURN  OF
OVERPAYMENT  OF  REAL  PROPERTY  TAXES  PAID WITH RESPECT TO SUCH FISCAL
YEAR, THE AMOUNT OF SUCH OVERPAYMENT SHALL BE REDUCED BY THE  AMOUNT  OF
ANY  REBATE  PAID  PURSUANT  TO  THIS  SECTION.   IF SUCH OVERPAYMENT IS
RETURNED BEFORE A REBATE IS PAID PURSUANT TO THIS SECTION, THE AMOUNT OF
ANY REBATE PAID PURSUANT TO THIS SECTION SHALL BE REDUCED BY THE  AMOUNT
OF SUCH OVERPAYMENT.
  10.  RULEMAKING.  THE  COMMISSIONER  OF FINANCE SHALL BE AUTHORIZED TO
PROMULGATE RULES NECESSARY TO EFFECTUATE THE PURPOSES OF THIS SECTION.
  S 2. This act shall take effect immediately.

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Senate Bill S3702

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Archive: Last Bill Status - Signed by Governor

Bill Amendments

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2013-S3702 - Details

2013-S3702 - Summary

2013-S3702 - Sponsor Memo

2013-S3702 - Bill Text download pdf

co-Sponsors

2013-S3702A - Details

2013-S3702A - Summary

2013-S3702A - Sponsor Memo

2013-S3702A - Bill Text download pdf

co-Sponsors

2013-S3702B (ACTIVE) - Details

2013-S3702B (ACTIVE) - Summary

2013-S3702B (ACTIVE) - Sponsor Memo

2013-S3702B (ACTIVE) - Bill Text download pdf

Comments