senate Bill S5052A

2013-2014 Legislative Session

Exempts from certain provisions of the administrative code of the City of New York relating to property tax benefits for multiple dwellings, certain multiple dwellings in the Bronx

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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

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to housing, construction and community development
returned to senate
died in assembly
Jun 21, 2013 referred to real property taxation
delivered to assembly
passed senate
Jun 10, 2013 advanced to third reading
Jun 05, 2013 2nd report cal.
amended (t) 5052a
Jun 04, 2013 1st report cal.1025
May 07, 2013 referred to housing, construction and community development

Votes

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Jun 4, 2013 - Housing, Construction and Community Development committee Vote

S5052
7
1
committee
7
Aye
1
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
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Committee Vote: Jun 4, 2013

nay (1)
aye wr (1)

Bill Amendments

Original
A (Active)
Original
A (Active)

S5052 - Bill Details

See Assembly Version of this Bill:
A7322A
Current Committee:
Senate Housing, Construction And Community Development
Law Section:
New York City

S5052 - Bill Texts

view summary

Exempts from certain provisions of the administrative code of the City of New York relating to property tax benefits for multiple dwellings, certain multiple dwellings in the Bronx.

view sponsor memo
BILL NUMBER:S5052

TITLE OF BILL: An act to amend the real property tax law, in relation
to expanding the exemption of new multiple dwellings from local
taxation

PURPOSE: The purpose of this bill is to provide a real property tax
exemption pursuant. to Real Property Tax Law section 421-a for certain
dwelling units that had inadvertently, due to the operation of the
law, been excluded from participating in this tax abatement program.
Because of the schedule of the construction of several phases of the
Harbour Pointe at Shorehaven Condominium project in the Bronx, certain
dwelling units are eligible to obtain the section 421-a tax exemption,
while other similar situated units within the same housing development
are not eligible. This bill affects the Harbour Pointe at Shorehaven
Condominiums (Phase III and IV).

SUMMARY OF PROVISIONS:

Section 1: Amends Real Property Tax Law section 421-a to include
certain units of a condominium housing project that were inadvertently
excluded from the eligibility of participating in this tax abatement
program. This bill merely authorizes such excluded homeowners who
would have otherwise been eligible for such section 421-a real
property exemption to apply to the local housing agency for a
preliminary or final certificate of eligibility.

EXISTING LAW: The current law allows for certain dwelling units to be
eligible for a real property tax abatement and other similarly
situated housing units to not be eligible.

JUSTIFICATION: This bill was requested by the affected local
condominium associations for the Harbour Pointe at Shorehaven
Condominiums III and IV to ensure that all homeowners that live within
the project covered under this bill can apply for and obtain a section
421-a real property tax abatement. Currently, no condominium owner has
a tax abatement in Condo III and approximately 30% of those in Condo
IV do not have a section 421-a real property tax exemption.

EFFECTIVE: Immediate and shall be deemed to have been in full force
and effect on or after January 1, 2002.

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

                                  5052

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               May 7, 2013
                               ___________

Introduced  by  Sen.  KLEIN  -- 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 expanding the
  exemption of new multiple dwellings from local taxation

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

  Section 1. Subdivision 2 of section 421-a of the real property tax law
is amended by adding a new paragraph (h-1) to read as follows:
  (H-L)  ANYTHING  IN  THIS SECTION TO THE CONTRARY NOTWITHSTANDING, ANY
PROJECT CONSISTING OF A SERIES OF DWELLINGS WITH EACH DWELLING  CONSIST-
ING  OF TWO DWELLING UNITS, CONSTRUCTED ON A CONTIGUOUS SITE AS A SINGLE
CONDOMINIUM DEVELOPMENT AND CONTAINING AN AGGREGATE  OF  NOT  LESS  THAN
FIVE  HUNDRED DWELLING UNITS, EACH OF SUCH DWELLINGS SHALL BE DEEMED FOR
THE PURPOSE OF THIS SECTION ONLY TO BE PART OF A MULTIPLE  DWELLING  BUT
WITHOUT  ANY  REQUIREMENT TO REGISTER WITH THE LOCAL HOUSING AGENCY AS A
MULTIPLE DWELLING, AND SHALL BE ENTITLED TO THE EXEMPTION SET  FORTH  IN
THIS  SECTION,  PROVIDED  CONSTRUCTION  OF  SUCH  PROJECT  OR A SPECIFIC
PORTION OF SUCH PROJECT BE COMMENCED BEFORE JANUARY FIRST, TWO  THOUSAND
NINE  AND  COMPLETED  NO  LATER THAN FORTY-EIGHT MONTHS FROM THE DATE OF
COMMENCEMENT OF CONSTRUCTION OF SUCH PROJECT OR THE SPECIFIC PORTION  OF
SUCH  PROJECT.  ANY APPLICATION FOR A PRELIMINARY OR A FINAL CERTIFICATE
OF ELIGIBILITY SHALL BE SUBMITTED TO THE LOCAL HOUSING AGENCY  NO  LATER
THAN  THE  ONE  HUNDRED  EIGHTIETH  DAY  AFTER THIS PARAGRAPH SHALL HAVE
BECOME A LAW.
  S 2. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after January 1, 2002.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09394-05-3

S5052A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A7322A
Current Committee:
Senate Housing, Construction And Community Development
Law Section:
New York City

S5052A (ACTIVE) - Bill Texts

view summary

Exempts from certain provisions of the administrative code of the City of New York relating to property tax benefits for multiple dwellings, certain multiple dwellings in the Bronx.

view sponsor memo
BILL NUMBER:S5052A

TITLE OF BILL: An act to grant an exemption from certain provisions
of the administrative code of the city of New York relating to
benefits pursuant to section 421-a of the real property tax law

PURPOSE: The purpose of this bill is to provide certain excluded
homeowners with the ability to apply for and obtain a real property
tax exemption pursuant. to Real Property Tax Law section 421-a for
dwelling units that had inadvertently, due to the operation of the law
and the time period in which such dwellings were constructed, been
excluded from participating in this tax abatement program. This
occurred due to the timing of the construction schedule for several
phases of the Harbour Pointe at Shorehaven Condominium project in the
Bronx.Because of such construction schedule and the operation of law
with regard to changes in the 421-a program, certain dwelling units
were eligible to obtain the section 421-a tax exemption, while other
similar situated units within the same housing development were not
eligible. This bill affects the Harbour Pointe at Shorehaven
Condominiums (Phase III and IV).

SUMMARY OF PROVISIONS:

Section 1: Amends the provisions of Section 11-245.1-b of the
Administrative Code of the City of New York to include certain units
of a condominium housing project that were inadvertently excluded from
the eligibility of participating in this tax abatement program. This
bill merely authorizes such excluded homeowners who would have
otherwise been eligible for such section 421-a real property exemption
benefits to apply to the local housing agency for a preliminary or
final certificate of eligibility.

EXISTING LAW: The current law allows for certain dwelling units to be
eligible for a real property tax abatement and other similarly
situated housing units to not be eligible to apply for such benefits.

JUSTIFICATION: This bill was requested by the affected local
condomin- ium residents and the condo associations for the Harbour
Pointe at Shorehaven Condominiums Phase III and Phase IV to ensure
that all homeowners who live within the project covered under this
bill can apply for and obtain a section 421-a real property tax
abatement, Currently, no condominium owner has a tax abatement in
Condo Phase III and approximately 30% of those in Condo Phase IV do
not have a section 421-a real property tax exemption.

EFFECTIVE DATE: Immediately

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

                                 5052--A
    Cal. No. 1025

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               May 7, 2013
                               ___________

Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Housing, Construction  and
  Community  Development  --  reported  favorably  from  said committee,
  ordered to first report, amended on first report, ordered to a  second
  report  and  ordered  reprinted,  retaining  its place in the order of
  second report

AN ACT to grant an exemption from certain provisions of the  administra-
  tive  code  of  the  city of New York relating to benefits pursuant to
  section 421-a of the real property tax law

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

  Section  1. The provisions of subdivision (c) of section 11-245.1-b of
the administrative code of the city of New York shall not be  applicable
to  any multiple dwelling containing fewer than 4 dwelling units, as set
forth in the certificate of occupancy, that is located on lots  numbered
1667  through  1708  and  lots numbered 1801 through 1964 of Bronx block
numbered 3432, as such lots are indicated on the tax map of the city  of
New  York, provided that the construction of any such multiple dwellings
on those lots commences on or before  January  1,  2009,  and  provided,
further,  that  any application for a preliminary or a final certificate
of eligibility for such lots is submitted to the local housing agency no
later than 180 days after the effective date of this act.
  S 2. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09394-08-3

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