S T A T E O F N E W Y O R K
________________________________________________________________________
9677
I N A S S E M B L Y
March 29, 2016
___________
Introduced by M. of A. BENEDETTO -- read once and referred to the
Committee on Real Property Taxation
AN ACT to amend the real property tax law, in relation to a rebate of
real property taxes on certain residential real property 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 section heading of section 467-e of the real property
tax law, as added by section 1 of part V of chapter 60 of the laws of
2004, is amended to read as follows:
Rebate for owners or tenant-stockholders of one, two [or], three,
FOUR, FIVE OR SIX family residences or residential property held in the
condominium or cooperative form of ownership in a city having a popu-
lation of one million or more.
S 2. Subdivision 1 of section 467-e of the real property tax law, as
amended by chapter 483 of the laws of 2007, is amended to read as
follows:
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 [years] YEAR beginning on the first of July, two thousand
[three] SEVENTEEN and ending on the thirtieth of June, two thousand
[nine] EIGHTEEN in the amount of the lesser of four hundred dollars or
the annual tax liability imposed on the property. [No such local law may
be adopted unless, as originally adopted, it authorizes such rebate to
be granted in accordance with this section for three consecutive fiscal
years beginning with the fiscal year beginning on the first of July, two
thousand three.] No such rebate shall be granted by local law for any
fiscal year beginning on or after the first of July, two thousand [nine]
EIGHTEEN, unless the council of such city, in fixing the annual tax
rates for any such fiscal year, shall have uniformly reduced such rates
for all classes of property in order to produce real property tax relief
among such classes of property in an amount not less than, in the aggre-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14515-02-6
A. 9677 2
gate, the aggregate amount of rebate paid in such fiscal year. [No such
local law implementing the provisions of this section, as amended by the
chapter of the laws of two thousand seven which added this sentence, may
be adopted unless, as originally adopted, such local law authorizes such
rebate to be granted in accordance with this section for three consec-
utive fiscal years beginning with the fiscal year beginning on the first
of July, two thousand six.] Any rebate authorized by local law in
accordance with this section shall be paid in the fiscal year following
the fiscal year for which the rebate is granted. If, with respect to the
fiscal year of such city beginning on the first of July, two thousand
[eight] SEVENTEEN and ending on the thirtieth of June, two thousand
[nine] EIGHTEEN, an increase in average real property tax rates would
otherwise be necessary in the resolution of such city council fixing
real property tax rates for such fiscal year pursuant to the charter of
such city, then the rebate to be paid for such fiscal year shall be
reduced or eliminated as follows: where the sum to be raised by such
increase is less than seven hundred fifty million dollars, then such
rebate shall be reduced by fifty cents for each dollar of increase, and
where the sum to be raised by such increase is seven hundred fifty
million dollars or more, then such rebate shall be eliminated. The
determination of the reduction or elimination of such rebate shall be
set forth in such resolution after consultation with the department of
finance of such city and shall take effect upon the final adoption of
such resolution. Such rebate shall be paid to an owner or tenant-stock-
holder who, as of the date the application provided for in subdivision
four of this section is due, owns a one, two [or], three, FOUR, FIVE OR
SIX family residence or a dwelling unit in residential property held in
the condominium or cooperative form of ownership that is the owner or
tenant-stockholder's primary residence and meets all other eligibility
requirements of this section. Notwithstanding anything to the contrary
in sections four hundred twenty-one-a, four hundred twenty-one-b or four
hundred twenty-one-g of this title, an owner or tenant-stockholder whose
property is receiving benefits pursuant to such sections shall not be
prohibited from receiving a rebate pursuant to this section if such
owner or tenant-stockholder is otherwise eligible to receive such
rebate. Tenant-stockholders of dwelling units in a cooperative apart-
ment corporation incorporated as a mutual company pursuant to article
two, four, five or eleven of the private housing finance law shall not
be entitled to the rebate authorized by this section. Such rebate shall
be paid by the commissioner of finance to eligible owners or tenant-
stockholders in accordance with rules promulgated by the commissioner of
finance.
S 3. Subparagraph 1 of paragraph a of subdivision 2 of section 467-e
of the real property tax law, as added by section 1 of part V of chapter
60 of the laws of 2004, is amended to read as follows:
(1) the property must be a one, two [or], three, FOUR, FIVE OR SIX
family residence or residential property held in the condominium or
cooperative form of ownership;
S 4. Paragraph c of subdivision 3 of section 467-e of the real proper-
ty tax law, as added by section 1 of part V of chapter 60 of the laws of
2004, is amended to read as follows:
c. "Property" means a one, two [or], three, FOUR, FIVE OR SIX family
residence or a dwelling unit in residential property held in the condo-
minium or cooperative form of ownership.
A. 9677 3
S 5. Paragraph a of subdivision 4 of section 467-e of the real proper-
ty tax law, as amended by chapter 483 of the laws of 2007, is amended to
read as follows:
a. Generally. Notwithstanding any provision of any general, special or
local law to the contrary, an application for a rebate pursuant to this
section for the fiscal year beginning the first of July, two thousand
[three] SEVENTEEN, shall be made no later than the date published by the
commissioner of finance in the city record and in other appropriate
general notices pursuant to this subdivision, which date shall be no
earlier than thirty days after the effective date of this subdivision.
[An application for a rebate pursuant to this section for fiscal years
beginning on or after the first of July, two thousand four and ending on
the thirtieth of June, two thousand six, shall be made no later than the
fifteenth of March of the fiscal year for which the rebate is claimed.
An application for a rebate pursuant to this section for fiscal years
beginning on or after the first of July, two thousand six, shall be made
no later than the first of September following the fiscal year for which
the rebate is claimed.] All owners or tenant-stockholders of property
who primarily reside thereon must jointly file an application for the
rebate on or before the application deadline, unless such owners or
tenant-stockholders currently receive a real property tax exemption
pursuant to section four hundred twenty-five, four hundred fifty-eight,
four hundred fifty-eight-a, four hundred fifty-nine-c or four hundred
sixty-seven of this title, in which case no separate application for a
rebate pursuant to this section shall be required. Such application may
be filed by mail if it is enclosed in a postpaid envelope properly
addressed to the commissioner of finance, deposited in a post office or
official depository under the exclusive care of the United States postal
service, and postmarked by the United States postal service on or before
the application deadline. Each such application shall be made on a form
prescribed by the commissioner of finance, which shall require the
applicant to agree to notify the commissioner of finance if his, her or
their primary residence changes after receiving the rebate pursuant to
this section, or after filing an application for such rebate, if his,
her or their primary residence changes after filing such application,
but before receiving such rebate. The commissioner of finance may
request that proof of primary residence be submitted with the applica-
tion. No rebate pursuant to this section shall be granted unless the
applicant, if required to do so by this subdivision, files an applica-
tion within the time [periods] PERIOD prescribed in this subdivision.
S 6. This act shall take effect immediately.