senate Bill S3851A

2013-2014 Legislative Session

Makes technical corrections to the real property tax law relating to the filing of notice of intent dates for benefit qualifying alterations and improvements

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Archive: Last Bill Status - In Committee


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

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Actions

view actions (13)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to housing, construction and community development
returned to senate
died in assembly
Jun 24, 2013 referred to real property taxation
Jun 21, 2013 delivered to assembly
passed senate
May 29, 2013 amended on third reading 3851b
May 01, 2013 advanced to third reading
Apr 30, 2013 2nd report cal.
Apr 29, 2013 1st report cal.436
Mar 01, 2013 print number 3851a
amend and recommit to housing, construction and community development
Feb 22, 2013 referred to housing, construction and community development

Votes

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Apr 29, 2013 - Housing, Construction and Community Development committee Vote

S3851A
5
1
committee
5
Aye
1
Nay
1
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Housing, Construction and Community Development committee vote details

Housing, Construction and Community Development Committee Vote: Apr 29, 2013

nay (1)
aye wr (1)
excused (1)

Bill Amendments

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

Co-Sponsors

S3851 - Bill Details

Current Committee:
Law Section:
Real Property Tax Law
Laws Affected:
Amd §489, RPT L

S3851 - Bill Texts

view summary

Makes technical corrections to the real property tax law relating to the commencement and completion dates for benefit qualifying alterations and improvements.

view sponsor memo
BILL NUMBER:S3851

TITLE OF BILL: An act to amend the real property tax law, in relation
to exemption from taxation of alterations and improvements to multiple
dwellings to eliminate fire and health hazards

PURPOSE:

Makes technical corrections to the real property tax law relating to
the commencement and completion dates for benefit qualifying
alterations and improvements to ensure that projects in progress upon
expiration could continue to qualify for benefits.

SUMMARY OF PROVISIONS:

Provides projects commenced on or before Dec. 31, 2011 and complete
before Dec. 31, 2014 will qualify for benefits under the J-51 program.

EXISTING LAW:

Ch. 4 of the L. of 2013 would have required certain properties to have
completed work on or before December 31, 2011 in order to qualify for
benefits. This will allow those projects to complete under the old
J-51 program rules and continue the requirements for those projects
commenced on and after January 1, 2012.

JUSTIFICATION:

Chapter 4 of the Laws of 2013 resulted in unfair treatment of
properties which had been in the process of making alterations or
improvements, or that had commenced a conversion prior to the
expiration of the J-51 program. The J-51 program has been continued in
Chapter 4 but has set new threshold requirements in order to receive
benefits. Those projects which had been underway when the existing law
expired had a reasonable expectation in having the program continue
and that the properties would receive the benefits under the J-51
program. This legislation creates a narrow window to allow those
properties to continue to qualify for benefits, while continuing the
important reforms to the program for projects commenced after January
1, 2012.

LEGISLATIVE HISTORY:

New Bill

FISCAL IMPLICATIONS:

None to the State.

EFFECTIVE DATE:

On the same date and in the same manner as Ch. 4 of the Laws of 2013.

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

                                  3851

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 22, 2013
                               ___________

Introduced by Sens. GOLDEN, YOUNG -- read twice and ordered printed, and
  when printed to be committed to the Committee on Housing, Construction
  and Community Development

AN ACT to amend the real property tax law, in relation to exemption from
  taxation  of  alterations  and  improvements  to multiple dwellings to
  eliminate fire and health hazards

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

  Section 1. The opening paragraph of paragraph (b) of subdivision 17 of
section  489  of the real property tax law, as added by chapter 4 of the
laws of 2013, is amended to read as follows:
  Any local law or ordinance providing for  benefits  pursuant  to  this
section  must  also  provide  the following with respect to conversions,
alterations or improvements [completed] COMMENCED on or  [after]  BEFORE
December  thirty-first,  two  thousand eleven AND COMPLETED ON OR BEFORE
DECEMBER THIRTY-FIRST, TWO THOUSAND FOURTEEN:
  S 2. This act shall take effect immediately and  shall  be  deemed  to
have  been  in  full  force  and effect on the same date and in the same
manner as section 3 of chapter 4 of the laws of 2013, took effect.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09001-02-3

Co-Sponsors

S3851A - Bill Details

Current Committee:
Law Section:
Real Property Tax Law
Laws Affected:
Amd §489, RPT L

S3851A - Bill Texts

view summary

Makes technical corrections to the real property tax law relating to the commencement and completion dates for benefit qualifying alterations and improvements.

view sponsor memo
BILL NUMBER:S3851A

TITLE OF BILL: An act to amend the real property tax law, in relation
to exemption from taxation of alterations and improvements to multiple
dwellings to eliminate fire and health hazards

PURPOSE:

Makes technical corrections to the real property tax law relating to
the commencement and completion dates for benefit qualifying
alterations and improvements to ensure that projects in progress upon
expiration could continue to qualify for benefits.

SUMMARY OF PROVISIONS:

Provides projects commenced on or before Dec. 31, 2011 and complete
before Dec. 31, 2014 will qualify for benefits under the J-5I program.

EXISTING LAW:

Ch. 4 of the L. of 2013 would have required certain properties to have
completed work on or before December 31, 2011 in order to qualify for
benefits. This will allow those projects to complete under the old
J-51 program rules and continue the requirements for those projects
commenced on and after January 1, 2012.

JUSTIFICATION:

Chapter 4 of the Laws of 2013 resulted in unfair treatment of
properties which had been in the process of making alterations or
improvements, or that had commenced a conversion prior to the
expiration of the J-51 program. The J-51 program has been continued in
Chapter 4 but has set new threshold requirements in order to receive
benefits. Those projects which had been underway when the existing law
expired had a reasonable expectation in having the program continue
and that the properties would receive the benefits under the J-51
program. This legislation creates a narrow window to allow those
properties to continue to qualify for benefits, while continuing the
important reforms to the program for projects commenced after January
1, 2012.

LEGISLATIVE HISTORY:

New Bill

FISCAL IMPLICATIONS:

None to the State.

EFFECTIVE DATE: On the same date and in the same manner as Ch. 4 of
the Laws of 2013.

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

                                 3851--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 22, 2013
                               ___________

Introduced by Sens. GOLDEN, YOUNG -- read twice and ordered printed, and
  when printed to be committed to the Committee on Housing, Construction
  and  Community  Development  --  committee  discharged,  bill amended,
  ordered reprinted as amended and recommitted to said committee

AN ACT to amend the real property tax law, in relation to exemption from
  taxation of alterations and  improvements  to  multiple  dwellings  to
  eliminate fire and health hazards

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

  Section 1. The opening paragraph of paragraph (b) of subdivision 17 of
section 489 of the real property tax law, as added by chapter 4  of  the
laws of 2013, is amended to read as follows:
  Any  local  law  or  ordinance providing for benefits pursuant to this
section must also provide the following  with  respect  to  conversions,
alterations or improvements [completed] FOR WHICH A NOTICE OF INTENT WAS
FILED  on  or  [after] BEFORE December thirty-first, two thousand eleven
AND COMPLETED ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND FOURTEEN:
  S 2. This act shall take effect immediately and  shall  be  deemed  to
have  been  in  full  force  and effect on the same date and in the same
manner as section 3 of chapter 4 of the laws of 2013, took effect.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09001-03-3

Co-Sponsors

S3851B (ACTIVE) - Bill Details

Current Committee:
Law Section:
Real Property Tax Law
Laws Affected:
Amd §489, RPT L

S3851B (ACTIVE) - Bill Texts

view summary

Makes technical corrections to the real property tax law relating to the commencement and completion dates for benefit qualifying alterations and improvements.

view sponsor memo
BILL NUMBER:S3851B

TITLE OF BILL: An act to amend the real property tax law, in relation
to exemption from taxation of alterations and improvements to multiple
dwellings to eliminate fire and health hazards

PURPOSE:

Makes technical corrections to the real property tax law relating to
the commencement and completion dates for benefit qualifying
alterations and improvements to ensure that projects in progress upon
expiration could continue to qualify for benefits.

SUMMARY OF PROVISIONS:

Provides projects commenced on or before Dec. 31, 2011 and complete
before Dec. 31, 2014 will qualify for benefits under the J-5I program.

EXISTING LAW:

Ch. 4 of the L. of 2013 would have required certain properties to have
completed work on or before December 21, 2011 in order to qualify for
benefits. This will allow those projects to complete under the old
J-51 program rules and continue the requirements for those projects
commenced on and after January 1, 2012.

JUSTIFICATION:

Chapter 4 of the Laws of 2013 resulted in unfair treatment of
properties which had been in the process of making alterations or
improvements, or that had commenced a conversion prior to the
expiration of the J-51 Program. The J-51 program has been continued in
Chapter 4 but has set new threshold requirements in order to receive
benefits. Those projects which had been underway when the existing law
expired had a reasonable expectation in having the program continue
and that the properties would receive the benefits under the J-51
program. This legislation creates a narrow window to allow those
properties to continue to qualify for benefits, while continuing the
important reforms to the program for projects commenced after January
1, 2012.

LEGISLATIVE HISTORY:

New Bill

FISCAL IMPLICATIONS:

None to the State.

EFFECTIVE DATE:

On the same date and in the same manner as Ch. 4 of the Laws of 2013.

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

                                 3851--B
    Cal. No. 436

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 22, 2013
                               ___________

Introduced by Sens. GOLDEN, YOUNG -- read twice and ordered printed, and
  when printed to be committed to the Committee on Housing, Construction
  and  Community  Development  --  committee  discharged,  bill amended,
  ordered reprinted as amended and  recommitted  to  said  committee  --
  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 exemption from
  taxation  of  alterations  and  improvements  to multiple dwellings to
  eliminate fire and health hazards

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

  Section 1. The opening paragraph of paragraph (b) of subdivision 17 of
section  489  of the real property tax law, as added by chapter 4 of the
laws of 2013, is amended to read as follows:
  Any local law or ordinance providing for  benefits  pursuant  to  this
section  must  also  provide  the following with respect to conversions,
alterations or improvements [completed] EXCEPT FOR  WHICH  A  NOTICE  OF
INTENT  WAS  FILED on or [after] BEFORE December thirty-first, two thou-
sand eleven AND COMPLETED ON OR BEFORE DECEMBER THIRTY-FIRST, TWO  THOU-
SAND FOURTEEN:
  S  2.  Subparagraph (ii) of paragraph (b) of subdivision 17 of section
489 of the real property tax law, as added by chapter 4 of the  laws  of
2013, is amended to read as follows:
  (ii)  no  benefits  pursuant  to this section shall be granted for the
conversion of any non-residential building or structure into a  class  A
multiple  dwelling  unless such conversion was carried out with substan-
tial governmental assistance.   THIS PROVISION RESTRICTING  BENEFITS  TO
CONVERSIONS  CARRIED  OUT WITH SUBSTANTIAL GOVERNMENTAL ASSISTANCE SHALL
NOT APPLY TO CONVERSIONS FOR WHICH A NOTICE  OF  INTENT  WAS  FILED,  OR
WHICH  COMMENCED,  BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND ELEVEN AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09001-09-3

S. 3851--B                          2

WHICH WERE COMPLETED BY DECEMBER THIRTY-FIRST,  TWO  THOUSAND  FOURTEEN.
SUCH  CONVERSION  SHALL BE COMPLETED WITHIN THIRTY MONTHS AFTER THE DATE
ON WHICH SAME SHALL BE STARTED, PROVIDED, HOWEVER, THAT WITH RESPECT  TO
CONVERSIONS  COMMENCED  ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND
ELEVEN, SUCH PROJECTS SHALL BE COMPLETED WITHIN THIRTY-SIX MONTHS  AFTER
THE DATE ON WHICH SAME SHALL BE STARTED.
  S  3.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on the same  date  and  in  the  same
manner as section 3 of chapter 4 of the laws of 2013, took effect.

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