senate Bill S5737

Signed By Governor
2013-2014 Legislative Session

Relates to determinations of adjusted base proportions in assessing units which are cities

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Archive: Last Bill Status Via A7827 - Signed by Governor


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jul 12, 2013 signed chap.134
Jul 02, 2013 delivered to governor
Jun 21, 2013 returned to assembly
passed senate
3rd reading cal.1657
substituted for s5737
Jun 21, 2013 substituted by a7827
ordered to third reading cal.1657
committee discharged and committed to rules
Jun 10, 2013 referred to local government

Votes

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S5737 - Bill Details

See Assembly Version of this Bill:
A7827
Law Section:
Real Property Tax Law
Laws Affected:
Amd ยง1803-a, RPT L

S5737 - Bill Texts

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Provides that in a special assessing unit which is a city and for current base proportions to be determined in such assessing unit's fiscal year 2014, the current base proportion shall not exceed the adjusted base proportion of the immediately preceding year by more than one percent.

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BILL NUMBER:S5737

TITLE OF BILL: An act to amend the real property tax law, in relation
to the determination of adjusted base proportions in special assessing
units which are cities for the fiscal year two thousand fourteen

SUMMARY OF PROVISIONS: This bill would amend section 1803-a of the
Real Property Tax Law to cap the maximum class growth rate at one
percent for fiscal year 2014.

JUSTIFICATION: State law requires New York City to adopt class shares
based on rates calculated by the State Board of Real Property Services
(SBRPS) in order to distribute the tax levy among the four classes of
real property. This year the State Board's class equalization rates
would cause the tax burden on property tax class one, comprised one-,
two-, and three-family homes, to increase, as it has done over the
past several years.

This bill is designed to provide relief for the residential property
tax class one without placing a burden on to class two which is the
other residential tax class. The "uncapped" current base proportions
of class one would grow by over 4 percent from fiscal year 2013, under
the State Board's calculations. Currently. State law provides that the
current base proportion of anyone class may not exceed the adjusted
base proportion for that class from the prior year by more than five
percent.

This legislation would adjust that rule, for one year only, to cap the
maximum class growth at 1 percent for New York City. The effect of
this change would be to reduce the amount by which the current base
proportions for any class, including one, is allowed to grow,
resulting in citywide savings of about $120 for a typical owner of a
class one single family home. Bringing the cap any lower than 1
percent would provide greater savings to class one owners, but would
cause the tax rate for class two to increase Under a cap of 1 percent,
class two properties will see virtually the same tax rate as they did
in fiscal year 2013.

Failure to enact this legislation would leave the City Council no
option but to adopt the default SBRPS formula for establishing class
shares. In that case, the estimated tax rate increase for class one
would be over 6%, which when coupled with assessment increases, would
cause significant increases in the tax bills for residential
homeowners That tax rate increase for class one, resulting from SBRPS
procedures, is avoidable only through passage of this legislation.

FISCAL IMPLICATION: Council Finance estimates this legislation, like
all similar previous legislations, will have no impact on expenditures
and revenues.

EFFECTIVE DATE: Immediately.

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

                                  5737

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              June 10, 2013
                               ___________

Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Local Government

AN ACT to amend the real property tax law, in relation to  the  determi-
  nation  of  adjusted base proportions in special assessing units which
  are cities for the fiscal year two thousand fourteen

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

  Section  1.  Subdivision  1 of section 1803-a of the real property tax
law is amended by adding a new paragraph (y) to read as follows:
  (Y) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (C) OF  THIS  SUBDIVI-
SION  TO  THE  CONTRARY, IN A SPECIAL ASSESSING UNIT WHICH IS A CITY AND
FOR CURRENT BASE PROPORTIONS TO BE DETERMINED IN SUCH SPECIAL  ASSESSING
UNIT'S FISCAL YEAR TWO THOUSAND FOURTEEN, THE CURRENT BASE PROPORTION OF
ANY  CLASS  SHALL  NOT  EXCEED  THE ADJUSTED BASE PROPORTION OR ADJUSTED
PROPORTION, WHICHEVER IS APPROPRIATE, OF THE IMMEDIATELY PRECEDING  YEAR
BY  MORE  THAN  ONE PERCENT. WHERE THE COMPUTATION PERFORMED PURSUANT TO
PARAGRAPH (B) OF THIS SUBDIVISION WOULD OTHERWISE PRODUCE  SUCH  RESULT,
THE CURRENT BASE PROPORTION OF SUCH CLASS OR CLASSES SHALL BE LIMITED TO
A  ONE PERCENT INCREASE AND THE LEGISLATIVE BODY OF SUCH SPECIAL ASSESS-
ING UNIT SHALL ALTER THE CURRENT BASE PROPORTION OF ANY OR ALL REMAINING
CLASSES SO THAT THE SUM OF THE CURRENT BASE PROPORTIONS EQUALS ONE.
  S 2. In the event the special assessing unit which is a city has  sent
out  real  property  tax  bills for its fiscal year 2014 before this act
shall have become a law, the city shall take such actions as are  neces-
sary,  consistent  with  applicable  state  and local law, to effect the
provisions of section one of this act, including, but  not  limited  to,
revising  the  current  base  proportions and adjusted base proportions,
resetting the real property tax rates and sending amended real  property
tax  bills.  Provided, however, that nothing in this act shall be deemed
to affect the obligation of any taxpayer with respect to the payment  of
any  installment of real property tax for such fiscal year which was due

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11382-01-3

S. 5737                             2

and payable prior to the date such amended real property tax  bills  are
sent;  for this purpose, such obligations shall be determined in accord-
ance with the applicable provisions of law that  were  in  effect  imme-
diately  prior to the effective date of this act, and such city shall be
authorized to determine the date on which amended bills are to  be  sent
and  the  installments  of  real  property tax which are to be reflected
therein.
  S 3. This act shall take effect immediately.

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