S T A T E O F N E W Y O R K
________________________________________________________________________
S. 1589 A. 1894
2015-2016 Regular Sessions
S E N A T E - A S S E M B L Y
January 13, 2015
___________
IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
ed, and when printed to be committed to the Committee on Local Govern-
ment
IN ASSEMBLY -- Introduced by M. of A. THIELE -- read once and referred
to the Committee on Ways and Means
AN ACT to amend the town law and the general municipal law, in relation
to the limitation or remission of taxes on historic places
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 17-a of section 64 of the town law, as added by
chapter 426 of the laws of 1965, is amended to read as follows:
17-a. Historic places. The town board may provide for the preservation
and protection of places, buildings, works of art and other objects
having a special character or aesthetic interest or value and also may
provide for appropriate and reasonable control of the use or appearance
of neighborhood private property within public view. Any such measures,
if adopted in the exercise of police power, shall be reasonable and
appropriate to the purpose, or if constituting a taking of private prop-
erty, shall provide for due compensation[, which may include the limita-
tion or remission of taxes]. ANY PROPERTY OWNER WHOSE PROPERTY IS WITH-
IN AN HISTORIC DISTRICT OR DESIGNATED AN HISTORIC LANDMARK MAY MAKE
APPLICATION TO THE ASSESSOR FOR A LIMITATION OR REMISSION OF THE TAXES
ASSESSED ON SAID PROPERTY. SAID LIMITATION OR REMISSION SHALL BE SOLELY
FOR THE PURPOSE OF AND IN AN AMOUNT CALCULATED TO COMPENSATE SAID PROP-
ERTY OWNER FOR ADDED COSTS, IF ANY, OF MAINTAINING HIS PROPERTY IN
ACCORDANCE WITH THE REQUIREMENTS FOR HISTORIC DISTRICTS OR LANDMARKS.
THE TOWN MAY ESTABLISH A MAXIMUM AMOUNT OR PERCENTAGE FOR SUCH LIMITA-
TION OR REMISSION AND MAY PROVIDE THAT SUCH LIMITATION OR REMISSION
SHALL ONLY APPLY TO PROPERTIES DESIGNATED AS HISTORIC LANDMARKS.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03070-01-5
S. 1589 2 A. 1894
S 2. Section 96-a of the general municipal law, as added by chapter
513 of the laws of 1968, is amended to read as follows:
S 96-a. Protection of historical places, buildings and works of art.
In addition to any power or authority of a municipal corporation to
regulate by planning or zoning laws and regulations or by local laws and
regulations, the governing board or local legislative body of any coun-
ty, city, town or village is empowered to provide by regulations,
special conditions and restrictions for the protection, enhancement,
perpetuation and use of places, districts, sites, buildings, structures,
works of art, and other objects having a special character or special
historical or aesthetic interest or value. Such regulations, special
conditions and restrictions may include appropriate and reasonable
control of the use or appearance of neighboring private property within
public view, or both. In any such instance such measures, if adopted in
the exercise of the police power, shall be reasonable and appropriate to
the purpose, or if constituting a taking of private property shall
provide for due compensation[, which may include the limitation or
remission of taxes]. ANY PROPERTY OWNER WHOSE PROPERTY IS WITHIN AN
HISTORIC DISTRICT OR DESIGNATED AN HISTORIC LANDMARK MAY MAKE APPLICA-
TION TO THE ASSESSOR FOR A LIMITATION OR REMISSION OF THE TAXES ASSESSED
ON SAID PROPERTY. SAID LIMITATION OR REMISSION SHALL BE SOLELY FOR THE
PURPOSE OF AND IN AN AMOUNT CALCULATED TO COMPENSATE SAID PROPERTY OWNER
FOR ADDED COSTS, IF ANY, OF MAINTAINING HIS PROPERTY IN ACCORDANCE WITH
THE REQUIREMENTS FOR HISTORIC DISTRICTS OR LANDMARKS. THE COUNTY, CITY,
TOWN, OR VILLAGE MAY ESTABLISH A MAXIMUM AMOUNT OR PERCENTAGE FOR SUCH
LIMITATION OR REMISSION AND MAY PROVIDE THAT SUCH LIMITATION OR
REMISSION SHALL ONLY APPLY TO PROPERTIES DESIGNATED AS HISTORIC LAND-
MARKS.
S 3. This act shall take effect immediately.