senate Bill S3956A

2013-2014 Legislative Session

Relates to a tax credit for visitability

download bill text pdf

Sponsored By

Archive: Last Bill Status - Passed Senate


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

do you support this bill?

Actions

view actions (22)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 16, 2014 referred to ways and means
delivered to assembly
passed senate
ordered to third reading cal.1380
committee discharged and committed to rules
Jan 27, 2014 reported and committed to finance
Jan 09, 2014 print number 3956c
amend and recommit to housing, construction and community development
Jan 08, 2014 referred to housing, construction and community development
returned to senate
died in assembly
Jun 12, 2013 referred to ways and means
delivered to assembly
passed senate
Jun 11, 2013 ordered to third reading cal.1264
committee discharged and committed to rules
May 28, 2013 print number 3956b
amend and recommit to finance
May 21, 2013 reported and committed to finance
May 01, 2013 print number 3956a
amend (t) and recommit to housing, construction and community development
Feb 28, 2013 referred to housing, construction and community development

Votes

view votes

Jun 16, 2014 - Rules committee Vote

S3956C
21
0
committee
21
Aye
0
Nay
1
Aye with Reservations
0
Absent
2
Excused
1
Abstained
show committee vote details

Jan 27, 2014 - Housing, Construction and Community Development committee Vote

S3956C
8
0
committee
8
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Committee Vote: Jan 27, 2014

aye wr (1)

Jun 11, 2013 - Rules committee Vote

S3956B
20
0
committee
20
Aye
0
Nay
5
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

May 21, 2013 - Housing, Construction and Community Development committee Vote

S3956A
7
0
committee
7
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Housing, Construction and Community Development committee vote details

Housing, Construction and Community Development Committee Vote: May 21, 2013

aye wr (1)

Bill Amendments

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

S3956 - Bill Details

See Assembly Version of this Bill:
A7537
Current Committee:
Law Section:
Tax Law
Laws Affected:
Amd §606, Tax L

S3956 - Bill Texts

view summary

Relates to a credit for purchase, construction or retrofitting of a principal residence to achieve universal visitability pursuant to standards adopted by the division of housing and community renewal.

view sponsor memo
BILL NUMBER:S3956

TITLE OF BILL: An act to amend the executive law, in relation to the
universal design incentive

PURPOSE OR GENERAL IDEA: To allow for permit fee reductions for
houses that are universally designed to be accessible and adaptable
housing.

SUMMARY OF PROVISIONS:

Section 1 is the legislative intent stating that accessible housing is
vital to the safety and welfare of certain individuals, and should be
expand to help such individuals age in place.

Section 2 states the Universal design incentive which allows for
permit fee reductions deemed sufficient to expedite development of new
homes and substantial alterations to existing homes. In order to
qualify for this incentive certain parameters must be met including,
accessible entrances both externally and internally, accessible
bedroom or a room that can be converted to a bedroom on the
ground/first floor, an accessible or adaptable kitchen, an accessible
bathroom, or an adaptable powder room. This section also allows for
setback requirements to be exempted if the exemption is for compliance
with the ADA, and building officials determine that there is no other
practical way. This section further allows for exemptions from certain
dimensional regulations for enumerated reasons. Lastly no exemption
shall be provided if the building is otherwise required to be
accessible to various State or Federal laws, and the building must be
less than 2,400 square feet.

Section 3 is the effective date.

JUSTIFICATION: Allowing individuals to age in place is critically
important as our state's population ages. It is widely known that
allowing an individual to reside in the least restrictive setting is
the best situation for their Physical and mental health. Further, by
allowing people to age in place and not have to go and reside in
assisted living residences, or nursing homes we are saving significant
money for New York. By incentivizing houses to be built or remodeled
as universal design we are ensuring that our housing stock will meet
the needs of elderly residents who wish to remain in their private
residences.

LEGISLATIVE HISTORY: S. 6819 of 2010 Passed Senate

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect January 1, 2014, with
provisions.

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

                                  3956

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 28, 2013
                               ___________

Introduced  by Sen. GRISANTI -- 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 executive law, in relation to the universal design
  incentive

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

  Section  1.  Legislative  intent  and findings. The legislature hereby
finds that the availability of accessible housing opportunities is vital
to the safety and welfare of persons  with  limited  mobility  including
seniors and persons with either permanent or temporary physical disabil-
ities.
  This  act  provides  for a Universal Design Incentive (UDI) permit fee
structure and other benefits that reduce the cost  and  time  needed  to
create accessible and adaptable housing. An increase in the inventory of
such single and multi-family dwellings is needed  to meet the needs of a
growing number of residents and visitors with disabilities and for those
who  wish to retire in their own homes as is commonly referred to as the
ability to "age-in-place".
  The legislature hereby provides this UDI legislation to stimulate  the
development  of adaptable and accessible housing by offering permits for
both new dwellings and for alterations to existing  dwellings  under  an
incentive based fee structure with expedited application processing. The
UDI  also  provides for the exemption from certain dimensional (setback)
requirements for alterations to existing dwellings that are necessary to
create  an  accessible  entryway.  Further,  the  UDI  provides  for  an
exemption  from maximum floor area and lot coverage calculations for new
and substantially altered single family dwellings. This act is  intended
to  encourage  and  expedite the development of additional local housing
opportunities for independent living.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09442-01-3

S. 3956                             2

  The legislature seeks to facilitate the alteration of  existing  homes
and  the  construction of new single and multi-family dwellings that are
accessible or may be readily  made  accessible  for  seniors  and  other
persons with limited mobility such as persons with disabilities.
  The  legislature hereby finds that the inclusion of certain accessible
and adaptable dwelling design features  into  the  construction  of  new
dwelling units as well as the alteration of existing dwelling units will
allow seniors and persons with disabilities greater opportunity to occu-
py  or  visit  homes  within  New  York state and, to age in place which
avoids the considerable cost to retirees, their families  and  often  to
New  York  state  for  unnecessary  and unwanted residencies in assisted
living or nursing care facilities.
  Therefore, this act is necessary to expand the  inventory  of  housing
opportunities that are defined as accessible or adaptable.
  S  2.  The  executive  law is amended by adding a new section 378-a to
read as follows:
  S 378-A. UNIVERSAL DESIGN INCENTIVE. THE NEW YORK STATE  UNIFORM  FIRE
PREVENTION  AND  BUILDING CODE SHALL CONTAIN THE PROVISIONS SET FORTH IN
THIS SECTION.
  1. AS USED IN THIS SECTION, THE FOLLOWING DEFINITIONS SHALL APPLY:
  A. "ACCESSIBLE" MEANS A  BUILDING  OR  PORTION  THEREOF  THAT  CAN  BE
APPROACHED, ENTERED AND USED BY PEOPLE WITH PHYSICAL DISABILITIES.
  B.  "ACCESSIBLE  DOOR"  MEANS A THIRTY-SIX INCH DOOR THAT WHEN HUNG IN
THE STANDARD MANNER PROVIDES A MINIMUM CLEARANCE  OF  THIRTY-TWO  INCHES
WITH  NO  MORE  THAN ONE-QUARTER INCH BEVELED THRESHOLDS AND EQUIPPED OR
EASILY REFITTED WITH LEVER-TYPE DOOR HANDLES.
  C. "ADAPTABLE" MEANS LIVING SPACE WHICH MAY BE READILY CONVERTED WITH-
OUT DEMOLITION AND WITH MINIMAL EFFORT AND COST INTO LIVING  SPACE  THAT
IS ACCESSIBLE.
  D.  "BATHROOM"  MEANS  A  ROOM COMMONLY CONTAINING A TOILET, SINK, AND
EITHER A SHOWER, BATHTUB, COMBINATION BATHTUB/SHOWER, OR BOTH  A  SHOWER
AND A BATHTUB. THIS TERM SHALL INCLUDE A COMPARTMENTED BATHROOM IN WHICH
THE FIXTURES ARE DISTRIBUTED AMONG INTERCONNECTED ROOMS.
  E.  "BUILDING OFFICIAL" MEANS A PERSON DESIGNATED BY THE SECRETARY WHO
SHALL OVERSEE THAT THE PROVISIONS SET FORTH IN THIS SECTION ARE  ADHERED
TO.
  F. "COMMON USE ROOM" MEANS A ROOM COMMONLY USED BY RESIDENTS OR GUESTS
TO CONGREGATE.
  G.  "DIMENSIONAL  REQUIREMENTS"  MEANS  ANY  LOCAL  ZONING  ORDINANCES
GOVERNING THE SIZE OF ANY STRUCTURES ON A BUILDING LOT. THIS TERM  SHALL
INCLUDE SETBACK REQUIREMENTS.
  H.  "DWELLING  UNIT"  MEANS  ONE  OR MORE ROOMS IN A BUILDING THAT ARE
ARRANGED, DESIGNED, USED OR INTENDED FOR USE BY ONE OR MORE FAMILIES.
  I. "FLEX ROOM" MEANS A COMMON USE ROOM THAT  CAN  BE  CONVERTED  TO  A
PRIVATE  BEDROOM WITHOUT DEMOLITION, WITH THE EXCEPTION OF THAT WHICH IS
REQUIRED FOR INSTALLING A DOOR IN AN EXISTING WALL OPENING. A FLEX  ROOM
MUST  MEET  SUCH CODE REQUIREMENTS AS MAY BE ADOPTED FOR FUTURE USE AS A
BEDROOM INCLUDING EGRESS AND SMOKE DETECTION.
  J. "KITCHEN" MEANS A ROOM USED FOR THE COOKING OR WARMING OF FOOD.
  K. "LOT COVERAGE  RESTRICTIONS"  MEANS  ANY  LOCAL  ZONING  ORDINANCES
GOVERNING THE RATIO OF THE OCCUPIED AREA TO THE TOTAL AREA OF A BUILDING
LOT.  THE  OCCUPIED  AREA  REFERS TO THE AREA OF A BUILDING LOT WHICH IS
COVERED BY BUILDINGS, DRIVEWAYS AND OTHER STRUCTURES.
  L. "POWDER ROOM" MEANS A ROOM CONTAINING A TOILET  AND  SINK,  BUT  NO
BATHTUB  OR SHOWER. IT INCLUDES A COMPARTMENTED POWDER ROOM IN WHICH THE
FIXTURES ARE DISTRIBUTED AMONG INTERCONNECTED ROOMS.

S. 3956                             3

  M. "SETBACK REQUIREMENTS" MEANS ANY LOCAL ZONING ORDINANCES  GOVERNING
HOW CLOSE TO A PROPERTY LINE ANY BUILDING MAY BE BUILT.
  N.  "UNIVERSAL DESIGN INCENTIVE" MEANS THE FEE REDUCTIONS SET FORTH IN
SUBDIVISION TWO OF THIS SECTION.
  2. THE SECRETARY SHALL GRANT SUCH NEW BUILDING OR BUILDING  ALTERATION
PERMIT  FEE  REDUCTIONS  AS  HE OR SHE DEEMS SUFFICIENT TO ENCOURAGE THE
EXPEDITED DEVELOPMENT OF NEW DWELLING UNITS OR  THE  SUBSTANTIAL  ALTER-
ATION  OF EXISTING SINGLE AND MULTI-FAMILY DWELLING UNITS THAT ARE TO BE
ACCESSIBLE OR ADAPTABLE TO PERSONS WITH EITHER  TEMPORARY  OR  PERMANENT
PHYSICAL DISABILITIES.
  3. TO QUALIFY FOR THE UNIVERSAL DESIGN INCENTIVE, APPLICATIONS FOR NEW
OR  SUBSTANTIALLY ALTERED EXISTING SINGLE OR MULTI-FAMILY DWELLING UNITS
SHALL CONTAIN AN:
  A. ACCESSIBLE ENTRANCEWAY AND ACCESSIBLE  INTERNAL  ROUTE  OF  TRAVEL.
THIS REQUIRES:
  (I)  ONE  UNOBSTRUCTED  WALKWAY OF AT LEAST THIRTY-SIX INCHES IN WIDTH
WITH AN APPROACH SLOPE OF NOT MORE THAN 1CONSUMER  PROTECTION  FROM  THE
DRIVEWAY OR PUBLIC SIDEWALK TO THE ACCESSIBLE ENTRANCEWAY;
  (II)  ONE STEP-FREE ENTRY AT ANY OPENING OF THE DWELLING (FRONT, BACK,
SIDE, GARAGE) THAT IS IDENTIFIED AS THE ACCESSIBLE ENTRANCEWAY;
  (III) ALL EXTERIOR HINGED DOORS TO BE ACCESSIBLE DOORS WITH A  MINIMUM
OF  THIRTY-TWO INCH INTERNAL CLEARANCE AND WITH NO MORE THAN ONE-QUARTER
INCH BEVELED THRESHOLDS AND EQUIPPED OR EASILY REFITTED WITH  LEVER-TYPE
DOOR HANDLES;
  (IV)  ALL INTERIOR HINGED DOORS WITH LANDINGS TO BE A MINIMUM OF THIR-
TY-SIX INCHES WIDE (THIRTY-TWO INCH INTERNAL  CLEARANCE)  WITH  NO  MORE
THAN ONE-QUARTER INCH BEVELED THRESHOLDS AND EQUIPPED OR EASILY REFITTED
WITH LEVER-TYPE DOOR HANDLES;
  (V) ONE DEDICATED POWER SOURCE AT ALL INTERIOR STAIRS LEADING TO HABI-
TABLE SPACE FOR POSSIBLE FUTURE CHAIR LIFT INSTALLATION; AND
  (VI)  AN  ACCESSIBLE  ROUTE CONNECTING THE ACCESSIBLE ENTRANCEWAY WITH
ALL ACCESSIBLE DWELLING SPACE, INCLUDING  THE  ACCESSIBLE  POWDER  ROOM,
BATHROOM,  KITCHEN,  FLEX  ROOM OR BEDROOM AND OTHER COMMON USE ROOMS ON
THE ACCESSIBLE LEVEL OF THE DWELLING.
  B. ACCESSIBLE BEDROOM OR FLEX ROOM ON THE GROUND/FIRST FLOOR OF DWELL-
ING. THIS REQUIRES:
  (I) ONE ACCESSIBLE BEDROOM ON THE GROUND/FIRST FLOOR; OR
  (II) ONE FLEX ROOM ON THE GROUND/FIRST  FLOOR.  A  FLOOR  PLAN  DESIGN
SHALL  DEMONSTRATE HOW A COMMON USE ROOM CAN BE CONVERTED INTO A PRIVATE
BEDROOM WITHOUT DEMOLITION,  EXCEPT  FOR  THAT  WHICH  IS  REQUIRED  FOR
INSTALLATION OF A DOOR IN AN EXISTING WALL OPENING.
  C. ACCESSIBLE OR ADAPTABLE KITCHEN. THIS REQUIRES:
  (I) ONE ACCESSIBLE OR ADAPTABLE KITCHEN; OR
  (II)  AS  DEFINED  BY  THE  BUILDING OFFICIAL, A KITCHEN THAT PROVIDES
ADEQUATE WHEELCHAIR ACCESS AND CIRCULATION WITH ACCESSIBLE LIGHT,  VENT,
OVEN AND STOVETOP CONTROLS AS WELL AS BREAKAWAY CABINETRY UNDER THE SINK
FOR EASE OF FUTURE MODIFICATION FOR WHEELCHAIR ACCESSIBILITY.
   D.  ACCESSIBLE  BATHROOM OR ADAPTABLE POWDER ROOM ON THE GROUND/FIRST
FLOOR. THIS REQUIRES:
  (I) AN INTERIOR SIXTY INCH CLEAR TURNING RADIUS;
  (II) A WALL BLOCKING FOR FUTURE GRAB BARS;
  (III) FAUCETS TO BE LEVER-TYPE AND  PREFERABLY  SINGLE  LEVER  OR  ARE
EASILY REFITTED AS SUCH; AND
  (IV) EITHER:
  (A)  A  STEP-FREE  TUB  OR  ROLL-IN SHOWER WITH WALL BLOCKING AND GRAB
BARS; OR

S. 3956                             4

  (B) SUFFICIENT SPACE FOR FUTURE ACCESSIBLE SHOWER OR  ACCESSIBLE  BATH
THAT  DOES  NOT  ENCROACH  ON  THE  REQUIRED  SIXTY INCH TURNING RADIUS.
ADAPTABLE PLUMBING SHALL BE PROVIDED FOR THE FUTURE  INSTALLATION  OF  A
STEP-FREE  TUB  OR  ROLL-IN  SHOWER,  BROUGHT TO THE FLOOR AND WALLS AND
CAPPED-OFF FOR FUTURE USE.
  4.  A. AN EXEMPTION FROM ANY SETBACK REQUIREMENTS SHALL BE GRANTED FOR
ANY ALTERATIONS,  SUCH  AS  AMERICANS  WITH  DISABILITIES  ACT-COMPLIANT
WHEELCHAIR  RAMPS,  FOR  EXISTING  DWELLINGS THAT PROVIDE ONE ACCESSIBLE
ENTRYWAY FOR PERSONS WITH QUALIFYING DISABILITIES.
  B. SUCH EXEMPTION SHALL BE GRANTED ONLY  WHEN  THE  BUILDING  OFFICIAL
DETERMINES  THAT  NO  PRACTICAL AND CONFORMING ACCESSIBLE PATHWAY TO ANY
ENTRYWAY EXISTS.
  C. SUCH EXEMPTION SHALL NOT APPLY  TO  ANY  HISTORIC  AND/OR  CULTURAL
PLACE  OR PROPERTY OR ANY REGISTERED PROPERTY AS THOSE TERMS ARE DEFINED
BY SECTION SIXTY-ONE OF  THE  PUBLIC  BUILDINGS  LAW,  OR  ANY  HISTORIC
DISTRICT  AS  DEFINED  BY SECTION ONE HUNDRED NINETEEN-BB OF THE GENERAL
MUNICIPAL LAW; PROVIDED, HOWEVER THAT EXEMPTIONS FOR SUCH PROPERTIES MAY
BE AUTHORIZED BY THE BUILDING OFFICIAL UPON REVIEW AND APPROVAL  OF  THE
NEW  YORK STATE COMMISSIONER OF PARKS, RECREATION AND HISTORIC PRESERVA-
TION.
  5. EXEMPTIONS FROM CERTAIN DIMENSIONAL REGULATIONS  AND  LOT  COVERAGE
RESTRICTIONS  FOR  THE  MINIMUM ADDITIONAL LIVING AREA REQUIRED SHALL BE
GRANTED TO PROVIDE:
  A. ONE ACCESSIBLE BATHROOM OR ADAPTABLE BATHROOM THAT IS ACCESSED FROM
THE ACCESSIBLE GROUND/FIRST FLOOR LIVING AREA AND FROM BOTH THE ACCESSI-
BLE ENTRYWAY OF THE DWELLING UNIT AND THE ACCESSIBLE INTERIOR  ROUTE  OF
TRAVEL; AND
  B.  ONE  ACCESSIBLE  BEDROOM  OR  FLEX ROOM WHICH IS ACCESSED FROM THE
ACCESSIBLE GROUND/FIRST FLOOR LIVING AREA AND FROM THE ACCESSIBLE ENTRY-
WAY OF THE DWELLING UNIT AND THE ACCESSIBLE INTERIOR ROUTE OF TRAVEL.
  6. A. AN EXEMPTION OF FIFTY SQUARE FEET FROM DIMENSIONAL  REQUIREMENTS
(INCLUDING  BUILDING SETBACK REQUIREMENTS) AND LOT COVERAGE RESTRICTIONS
SHALL BE GRANTED FOR ANY LIVING AREA WHICH EQUALS THE DIFFERENCE BETWEEN
THAT WHICH IS NEEDED TO CONSTRUCT A MINIMUM SIZED  POWDER  ROOM  AND  AN
ADAPTABLE OR ACCESSIBLE BATHROOM.
  B.  AN  EXEMPTION OF ONE HUNDRED SQUARE FEET FROM DIMENSIONAL REQUIRE-
MENTS  (INCLUDING  BUILDING  SETBACK  REQUIREMENTS)  AND  LOT   COVERAGE
RESTRICTIONS  SHALL  BE  GRANTED  FOR THE CONSTRUCTION OF ANY ADDITIONAL
LIVING AREA ON THE GROUND/FIRST FLOOR THAT  CAN  BE  IDENTIFIED  BY  THE
BUILDING  OFFICIAL  AS  A  10'X10'  ACCESSIBLE BEDROOM OR FLEX ROOM. THE
ACCESSIBLE BEDROOM OR FLEX ROOM SHALL NOT PRECLUDE THE CONTINUED USE  OF
GROUND/FIRST  FLOOR LIVING AREAS CUSTOMARILY KNOWN AS THE LIVING, DINING
OR KITCHEN COMMON USE AREAS.
  C. TO QUALIFY FOR THE EXEMPTION SET  FORTH  IN  PARAGRAPH  B  OF  THIS
SUBDIVISION,  APPLICANTS  MUST  APPLY CONCURRENTLY FOR THE EXEMPTION SET
FORTH IN PARAGRAPH A OF THIS SUBDIVISION.
  D. PURSUANT TO THE EXEMPTIONS SET FORTH IN THIS SUBDIVISION, FRONT AND
REAR EXTERIOR WALLS MAY ENCROACH INTO MINIMUM BUILDING SETBACK LINES  BY
A MAXIMUM OF FIVE FEET FOR A TOTAL OF ONE HUNDRED FIFTY SQUARE FEET WHEN
BOTH  A  GROUND FLOOR ACCESSIBLE BATHROOM AND FLEX ROOM ARE INCORPORATED
INTO THE PLAN DOCUMENTS AND APPROVED BY THE BUILDING OFFICIAL.
  7. ANY EXEMPTIONS PROVIDED FOR IN THIS SECTION SHALL NOT BE APPLIED TO
ANY NEW OR SUBSTANTIALLY RENOVATED DWELLING  UNITS  THAT  ARE  OTHERWISE
REQUIRED  TO BE ACCESSIBLE PURSUANT TO ANY OTHER NEW YORK STATE OR LOCAL
LAW OR REGULATION INCLUDING THE FAIR HOUSING ACT.

S. 3956                             5

  8. ANY EXEMPTIONS PROVIDED FOR IN THIS SECTION SHALL NOT BE APPLIED TO
BUILDING APPLICATIONS FOR DWELLING UNITS OVER TWO THOUSAND FOUR  HUNDRED
SQUARE FEET.
  9.  EXEMPTION FROM DIMENSIONAL AND LOT COVERAGE REQUIREMENTS SHALL NOT
APPLY TO PRE-EXISTING NON-CONFORMING DWELLING UNITS  AND  NON-CONFORMING
LOTS  UNLESS AUTHORIZED BY THE LOCAL ZONING APPEALS OFFICER. SUCH APPLI-
CATIONS SHALL BE CONSIDERED WITHOUT CHARGE BY SUCH AGENT.
  10. APPLICATION FEES MAY BE REDUCED FOR APPLICATIONS TO ALTER EXISTING
DWELLING UNITS THAT DEMONSTRATE TO  THE  SATISFACTION  OF  THE  BUILDING
OFFICIAL  THAT COMPLIANCE WITH THE FOUR REQUIREMENTS SET FORTH IN SUBDI-
VISION THREE OF THIS SECTION IS IMPRACTICABLE DUE TO  CONSTRAINTS  WHICH
ARE NOT SELF-IMPOSED.
  S  3.  This  act shall take effect January 1, 2014; provided, however,
that effective immediately, the department of state may  prescribe  such
rules  and  regulations as may be necessary to carry out the purposes of
this act.

S3956A - Bill Details

See Assembly Version of this Bill:
A7537
Current Committee:
Law Section:
Tax Law
Laws Affected:
Amd §606, Tax L

S3956A - Bill Texts

view summary

Relates to a credit for purchase, construction or retrofitting of a principal residence to achieve universal visitability pursuant to standards adopted by the division of housing and community renewal.

view sponsor memo
BILL NUMBER:S3956A

TITLE OF BILL: An act to amend the tax law, in relation to providing
a tax credit for universal visitability

PURPOSE: To allow a tax credit for either new or retrofitted principal
residences which are universally designed to be accessible and
adaptable housing.

SUMMARY OF SPECIFIC PROVISIONS: This bill amends the Tax Law to
provide a tax credit for a newly constructed principal residence not
to exceed $2,750 or for a renovated principal residence of 30% of the
amount expended, not to exceed $2,750, for universal visitability.
Eligibility requirements for universal visitability would be
established though guidelines by the Division of Housing and Community
renewal. This credit would be effective beginning April 1, 2014.

JUSTIFICATION: This legislation provides a positive incentive for
universal design changes to create accessible and adaptable housing
which is important to allow individuals to age in place. Universal
design changes make residences accessible and user friendly for senior
citizens and others with limited mobility. By providing seniors with
the opportunity to age in place, this may save some of the costs
associated with assisted living or nursing homes. This bill would
provide an alternative for many seniors who are able to remain in
place with universal design changes. It also will assist in building
an inventory of residence which will have universal design to ensure
accessibility. The use of a tax credit provides an incentive rather
than a mandated approach.

PRIOR LEGISLATIVE HISTORY: None.

FISCAL IMPLICATIONS: Unknown but limited.

EFFECTIVE DATE: Immediately.

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

                                 3956--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 28, 2013
                               ___________

Introduced  by Sen. GRISANTI -- 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 tax law, in relation to providing a tax  credit  for
  universal visitability

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

  Section 1. Section 606 of the tax law  is  amended  by  adding  a  new
subsection (ww) to read as follows:
  (WW) UNIVERSAL VISITABILITY TAX CREDIT. 1. FOR TAXABLE YEARS BEGINNING
ON  OR  AFTER  APRIL  FIRST,  TWO THOUSAND FOURTEEN, A RESIDENT TAXPAYER
SHALL BE ALLOWED A CREDIT AGAINST THE TAX IMPOSED BY THIS ARTICLE FOR  A
PORTION OF THE TOTAL PURCHASE PRICE PAID BY SUCH RESIDENT TAXPAYER FOR A
NEW  PRINCIPAL  RESIDENCE  ATTRIBUTABLE TO UNIVERSAL VISITABILITY OR THE
TOTAL AMOUNT EXPENDED BY A RESIDENT TAXPAYER  TO  RETROFIT  AN  EXISTING
PRINCIPAL  RESIDENCE TO ACHIEVE UNIVERSAL VISITABILITY PROVIDED THAT THE
NEW PRINCIPAL RESIDENCE OR THE RETROFITTING OF  THE  EXISTING  PRINCIPAL
RESIDENCE IS LOCATED WITHIN THIS STATE AND DESIGNED TO PROVIDE UNIVERSAL
VISITABILITY AS DEFINED THROUGH THE ELIGIBILITY REQUIREMENTS ESTABLISHED
BY  GUIDELINES  DEVELOPED  BY  THE  DIVISION  OF  HOUSING  AND COMMUNITY
RENEWAL.
  2. THE CREDIT SHALL BE ALLOWED FOR THE TAXABLE YEAR IN WHICH THE RESI-
DENCE HAS BEEN PURCHASED OR CONSTRUCTED, OR THE  RETROFITTING  OR  RENO-
VATION  OF  THE  RESIDENCE  OR  RESIDENTIAL UNIT HAS BEEN COMPLETED. THE
CREDIT ALLOWED UNDER THIS SECTION  SHALL  NOT  EXCEED  (I)  TWENTY-SEVEN
HUNDRED FIFTY DOLLARS FOR THE PURCHASE OF A NEW RESIDENCE, OR (II) FIFTY
PERCENT  OF  THE  TOTAL  AMOUNT EXPENDED, BUT NOT TO EXCEED TWENTY-SEVEN
HUNDRED FIFTY DOLLARS FOR THE RETROFITTING OR RENOVATION OF EACH  EXIST-
ING RESIDENCE OR UNIT.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09442-02-3

S. 3956--A                          2

  3.  NO  CREDIT  SHALL  BE ALLOWED UNDER THIS SECTION FOR THE PURCHASE,
RETROFITTING OR RENOVATION OF RESIDENTIAL RENTAL PROPERTY.
  4.  IF  THE AMOUNT OF THE CREDIT ALLOWABLE UNDER THIS SUBSECTION SHALL
EXCEED THE TAXPAYER'S TAX FOR SUCH YEAR, THE EXCESS MAY BE CARRIED  OVER
TO  THE  FOLLOWING YEAR OR YEARS AND MAY BE DEDUCTED FROM THE TAXPAYER'S
TAX FOR SUCH YEAR OR YEARS.
  5. ELIGIBLE TAXPAYERS SHALL APPLY FOR THE CREDIT BY MAKING APPLICATION
TO THE DIVISION OF HOUSING AND COMMUNITY RENEWAL. THE DIVISION OF  HOUS-
ING  AND  COMMUNITY  RENEWAL SHALL ISSUE A CERTIFICATION FOR AN APPROVED
APPLICATION TO THE TAXPAYER. THE TAXPAYER SHALL SUBMIT THE CERTIFICATION
TOGETHER WITH THEIR PERSONAL INCOME RETURN.
  S 2. This act shall take effect immediately.

Co-Sponsors

S3956B - Bill Details

See Assembly Version of this Bill:
A7537
Current Committee:
Law Section:
Tax Law
Laws Affected:
Amd §606, Tax L

S3956B - Bill Texts

view summary

Relates to a credit for purchase, construction or retrofitting of a principal residence to achieve universal visitability pursuant to standards adopted by the division of housing and community renewal.

view sponsor memo
BILL NUMBER:S3956B

TITLE OF BILL: An act to amend the tax law, in relation to providing
a tax credit for universal visitability

PURPOSE OR GENERAL IDEA: To allow a tax credit for either new or
retrofitted principal residences which are universally designed to be
accessible and adaptable housing.

SUMMARY OF PROVISIONS:

This bill amends the Tax Law to provide a tax credit for a newly
constructed principal residence not to exceed $2,750 or for a
renovated principal residence of 30% of the amount expended, not to
exceed $2,750, for universal visitability. Eligibility requirements
for universal visitability would be established though guidelines by
the Department of State Division of Code Enforcement and
Administration. This credit would be effective beginning April 1,
2014.

JUSTIFICATION:

This legislation provides a positive incentive for universal design
changes to create accessible and adaptable housing which is important
to allow individuals to age in place. Universal design changes make
residences accessible and user friendly for senior citizens and others
with limited mobility. By providing seniors with the opportunity to
age in place, this may save some of the costs associated with assisted
living or nursing homes. This bill would provide an alternative for
many seniors who are able to remain in place with universal design
changes. It also will assist in building an inventory of residence
which will have universal design to ensure accessibility. The use of a
tax credit provides an incentive rather than a mandated approach.

LEGISLATIVE HISTORY:

None.

FISCAL IMPLICATIONS:

Minimal.

EFFECTIVE DATE:

Immediately.

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

                                 3956--B

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 28, 2013
                               ___________

Introduced  by Sen. GRISANTI -- 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  and  committed  to  the Committee on
  Finance -- committee discharged, bill amended,  ordered  reprinted  as
  amended and recommitted to said committee

AN  ACT  to amend the tax law, in relation to providing a tax credit for
  universal visitability

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

  Section  1.  Section  606  of  the  tax law is amended by adding a new
subsection (ww) to read as follows:
  (WW) UNIVERSAL VISITABILITY TAX CREDIT. 1. FOR TAXABLE YEARS BEGINNING
ON OR AFTER APRIL FIRST, TWO  THOUSAND  FOURTEEN,  A  RESIDENT  TAXPAYER
SHALL  BE ALLOWED A CREDIT AGAINST THE TAX IMPOSED BY THIS ARTICLE FOR A
PORTION OF THE TOTAL PURCHASE PRICE PAID BY SUCH RESIDENT TAXPAYER FOR A
NEW PRINCIPAL RESIDENCE ATTRIBUTABLE TO UNIVERSAL  VISITABILITY  OR  THE
TOTAL  AMOUNT  EXPENDED  BY  A RESIDENT TAXPAYER TO RETROFIT AN EXISTING
PRINCIPAL RESIDENCE TO ACHIEVE UNIVERSAL VISITABILITY PROVIDED THAT  THE
NEW  PRINCIPAL  RESIDENCE  OR THE RETROFITTING OF THE EXISTING PRINCIPAL
RESIDENCE IS LOCATED WITHIN THIS STATE AND DESIGNED TO PROVIDE UNIVERSAL
VISITABILITY AS DEFINED THROUGH THE ELIGIBILITY REQUIREMENTS ESTABLISHED
BY GUIDELINES DEVELOPED BY THE DIVISION OF CODE ENFORCEMENT AND ADMINIS-
TRATION WITHIN THE DEPARTMENT OF STATE.
  2. THE CREDIT SHALL BE ALLOWED FOR THE TAXABLE YEAR IN WHICH THE RESI-
DENCE HAS BEEN PURCHASED OR CONSTRUCTED, OR THE  RETROFITTING  OR  RENO-
VATION  OF  THE  RESIDENCE  OR  RESIDENTIAL UNIT HAS BEEN COMPLETED. THE
CREDIT ALLOWED UNDER THIS SECTION  SHALL  NOT  EXCEED  (I)  TWENTY-SEVEN
HUNDRED FIFTY DOLLARS FOR THE PURCHASE OF A NEW RESIDENCE, OR (II) FIFTY
PERCENT  OF  THE  TOTAL  AMOUNT EXPENDED, BUT NOT TO EXCEED TWENTY-SEVEN

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09442-04-3

S. 3956--B                          2

HUNDRED FIFTY DOLLARS FOR THE RETROFITTING OR RENOVATION OF EACH  EXIST-
ING RESIDENCE OR UNIT.
  3.  NO  CREDIT  SHALL  BE ALLOWED UNDER THIS SECTION FOR THE PURCHASE,
RETROFITTING OR RENOVATION OF RESIDENTIAL RENTAL PROPERTY.
  4. IF THE AMOUNT OF THE CREDIT ALLOWABLE UNDER THIS  SUBSECTION  SHALL
EXCEED  THE TAXPAYER'S TAX FOR SUCH YEAR, THE EXCESS MAY BE CARRIED OVER
TO THE FOLLOWING YEAR OR YEARS AND MAY BE DEDUCTED FROM  THE  TAXPAYER'S
TAX FOR SUCH YEAR OR YEARS.
  5. ELIGIBLE TAXPAYERS SHALL APPLY FOR THE CREDIT BY MAKING APPLICATION
TO  THE  DIVISION  OF  CODE  ENFORCEMENT  AND  ADMINISTRATION WITHIN THE
DEPARTMENT OF STATE. THE DIVISION OF CODE ENFORCEMENT AND ADMINISTRATION
WITHIN THE DEPARTMENT OF  STATE  SHALL  ISSUE  A  CERTIFICATION  FOR  AN
APPROVED  APPLICATION  TO  THE  TAXPAYER.  THE TAXPAYER SHALL SUBMIT THE
CERTIFICATION TOGETHER WITH THEIR PERSONAL INCOME RETURN.
  S 2. This act shall take effect immediately.

Co-Sponsors

S3956C (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A7537
Current Committee:
Law Section:
Tax Law
Laws Affected:
Amd §606, Tax L

S3956C (ACTIVE) - Bill Texts

view summary

Relates to a credit for purchase, construction or retrofitting of a principal residence to achieve universal visitability pursuant to standards adopted by the division of housing and community renewal.

view sponsor memo
BILL NUMBER:S3956C

TITLE OF BILL: An act to amend the tax law, in relation to providing
a tax credit for universal visitability

PURPOSE OR GENERAL IDEA: To allow a tax credit for either new or
retrofitted principal residences which are universally designed to be
accessible and adaptable housing.

SUMMARY OF PROVISIONS: This bill amends the Tax Law to provide a tax
credit for a newly constructed principal residence not to exceed
$2,750 or for a renovated principal residence of 30% of the amount
expended, not to exceed $2,750, for universal visitability.
Eligibility requirements for universal visitability would be
established though guidelines by the Department of State Division of
Code Enforcement and Administration. This credit would be effective
beginning April 1, 2015.

JUSTIFICATION: This legislation provides a positive incentive for
universal design changes to create accessible and adaptable housing
which is important to allow individuals to age in place. Universal
design changes make residences accessible and user friendly for senior
citizens and others with limited mobility. By providing seniors with
the opportunity to age in place, this may save some of the costs
associated with assisted living or nursing homes. This bill would
provide an alternative for many seniors who are able to remain in
place with universal design changes. It also will assist in building
an inventory of residence which will have universal design to ensure
accessibility. The use of a tax credit provides an incentive rather
than a mandated approach.

LEGISLATIVE HISTORY: None.

FISCAL IMPLICATIONS: Minimal.

EFFECTIVE DATE: Immediately.

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

                                 3956--C

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 28, 2013
                               ___________

Introduced by Sens. GRISANTI, KENNEDY -- 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 commit-
  tee -- reported favorably from said committee  and  committed  to  the
  Committee  on  Finance  -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee --  recommitted
  to the Committee on Housing, Construction and Community Development in
  accordance  with  Senate  Rule 6, sec. 8 -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

AN  ACT  to amend the tax law, in relation to providing a tax credit for
  universal visitability

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

  Section  1.  Section  606  of  the  tax law is amended by adding a new
subsection (xx) to read as follows:
  (XX) UNIVERSAL VISITABILITY TAX CREDIT. 1. FOR TAXABLE YEARS BEGINNING
ON OR AFTER APRIL FIRST, TWO THOUSAND FIFTEEN, A RESIDENT TAXPAYER SHALL
BE ALLOWED A CREDIT AGAINST THE  TAX  IMPOSED  BY  THIS  ARTICLE  FOR  A
PORTION OF THE TOTAL PURCHASE PRICE PAID BY SUCH RESIDENT TAXPAYER FOR A
NEW  PRINCIPAL  RESIDENCE  ATTRIBUTABLE TO UNIVERSAL VISITABILITY OR THE
TOTAL AMOUNT EXPENDED BY A RESIDENT TAXPAYER  TO  RETROFIT  AN  EXISTING
PRINCIPAL  RESIDENCE TO ACHIEVE UNIVERSAL VISITABILITY PROVIDED THAT THE
NEW PRINCIPAL RESIDENCE OR THE RETROFITTING OF  THE  EXISTING  PRINCIPAL
RESIDENCE IS LOCATED WITHIN THIS STATE AND DESIGNED TO PROVIDE UNIVERSAL
VISITABILITY AS DEFINED THROUGH THE ELIGIBILITY REQUIREMENTS ESTABLISHED
BY GUIDELINES DEVELOPED BY THE DIVISION OF CODE ENFORCEMENT AND ADMINIS-
TRATION WITHIN THE DEPARTMENT OF STATE.
  2. THE CREDIT SHALL BE ALLOWED FOR THE TAXABLE YEAR IN WHICH THE RESI-
DENCE  HAS  BEEN  PURCHASED OR CONSTRUCTED, OR THE RETROFITTING OR RENO-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09442-06-3

S. 3956--C                          2

VATION OF THE RESIDENCE OR RESIDENTIAL  UNIT  HAS  BEEN  COMPLETED.  THE
CREDIT  ALLOWED  UNDER  THIS  SECTION  SHALL NOT EXCEED (I) TWENTY-SEVEN
HUNDRED FIFTY DOLLARS FOR THE PURCHASE OF A NEW RESIDENCE, OR (II) FIFTY
PERCENT  OF  THE  TOTAL  AMOUNT EXPENDED, BUT NOT TO EXCEED TWENTY-SEVEN
HUNDRED FIFTY DOLLARS FOR THE RETROFITTING OR RENOVATION OF EACH  EXIST-
ING RESIDENCE OR UNIT.
  3.  NO  CREDIT  SHALL  BE ALLOWED UNDER THIS SECTION FOR THE PURCHASE,
RETROFITTING OR RENOVATION OF RESIDENTIAL RENTAL PROPERTY.
  4. IF THE AMOUNT OF THE CREDIT ALLOWABLE UNDER THIS  SUBSECTION  SHALL
EXCEED  THE TAXPAYER'S TAX FOR SUCH YEAR, THE EXCESS MAY BE CARRIED OVER
TO THE FOLLOWING YEAR OR YEARS AND MAY BE DEDUCTED FROM  THE  TAXPAYER'S
TAX FOR SUCH YEAR OR YEARS.
  5. ELIGIBLE TAXPAYERS SHALL APPLY FOR THE CREDIT BY MAKING APPLICATION
TO  THE  DIVISION  OF  CODE  ENFORCEMENT  AND  ADMINISTRATION WITHIN THE
DEPARTMENT OF STATE. THE DIVISION OF CODE ENFORCEMENT AND ADMINISTRATION
WITHIN THE DEPARTMENT OF  STATE  SHALL  ISSUE  A  CERTIFICATION  FOR  AN
APPROVED  APPLICATION  TO  THE  TAXPAYER.  THE TAXPAYER SHALL SUBMIT THE
CERTIFICATION TOGETHER WITH THEIR PERSONAL INCOME RETURN.
  S 2. This act shall take effect immediately.

Comments

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

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