S T A T E O F N E W Y O R K
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4998
2015-2016 Regular Sessions
I N S E N A T E
April 28, 2015
___________
Introduced by Sen. GOLDEN -- read twice and ordered printed, and when
printed to be committed to the Committee on Cities
AN ACT to amend the real property tax law, in relation to a partial
abatement of real property taxes for condominiums and cooperatives 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. Paragraphs (a) and (b) of subdivision 2 of section 467-a of
the real property tax law, as amended by chapter 4 of the laws of 2013,
are amended to read as follows:
(a) In a city having a population of one million or more, dwelling
units owned by unit owners who, as of the applicable taxable status
date, own no more than three dwelling units in any one property held in
the condominium form of ownership, shall be eligible to receive a
partial abatement of real property taxes, as set forth in paragraphs
(c), (d), (d-1), (d-2), (d-3), (d-4), (d-5) and (d-6) of this subdivi-
sion; provided, however, that a property held in the condominium form of
ownership that is receiving complete or partial real property tax
exemption or tax abatement pursuant to any other provision of this chap-
ter or any other state or local law, except as provided in paragraph (f)
of this subdivision, shall not be eligible to receive a partial abate-
ment pursuant to this section; and provided, further, that sponsors
shall not be eligible to receive a partial abatement pursuant to this
section; and provided, further, that in the fiscal year commencing in
calendar years two thousand [twelve, two thousand thirteen, or two thou-
sand fourteen] FIFTEEN, TWO THOUSAND SIXTEEN, TWO THOUSAND SEVENTEEN,
TWO THOUSAND EIGHTEEN OR TWO THOUSAND NINETEEN, no more than a maximum
of three dwelling units owned by any unit owner in a single building,
one of which must be the primary residence of such unit owner, shall be
eligible to receive a partial abatement pursuant to paragraphs (d-1),
(d-2), (d-3) and (d-4) of this section.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10648-01-5
S. 4998 2
(b) In a city having a population of one million or more, dwelling
units owned by tenant-stockholders who, as of the applicable taxable
status date, own no more than three dwelling units in any one property
held in the cooperative form of ownership, shall be eligible to receive
a partial abatement of real property taxes, as set forth in paragraphs
(c), (d), (d-1), (d-2), (d-3), (d-4), (d-5) and (d-6) of this subdivi-
sion; provided, however, that a property held in the cooperative form of
ownership that is receiving complete or partial real property tax
exemption or tax abatement pursuant to any other provision of this chap-
ter or any other state or local law, except as provided in paragraph (f)
of this subdivision, shall not be eligible to receive a partial abate-
ment pursuant to this section; and provided, further, that sponsors
shall not be eligible to receive a partial abatement pursuant to this
section; and provided, further, that in the fiscal year commencing in
calendar years two thousand [twelve, two thousand thirteen or two thou-
sand fourteen] FIFTEEN, TWO THOUSAND SIXTEEN, TWO THOUSAND SEVENTEEN,
TWO THOUSAND EIGHTEEN OR TWO THOUSAND NINETEEN, no more than a maximum
of three dwelling units owned by any tenant-stockholder in a single
building, one of which must be the primary residence of such tenant-
stockholder, shall be eligible to receive a partial abatement pursuant
to paragraphs (d-1), (d-2), (d-3) and (d-4) of this section. For
purposes of this section, a tenant-stockholder of a cooperative apart-
ment corporation shall be deemed to own the dwelling unit which is
represented by his or her shares of stock in such corporation. Any
abatement so granted shall be credited by the appropriate taxing author-
ity against the tax due on the property as a whole. The reduction in
real property taxes received thereby shall be credited by the cooper-
ative apartment corporation against the amount of such taxes attribut-
able to eligible dwelling units at the time of receipt.
S 2. Paragraphs (d-1), (d-2), (d-3), (d-4), (d-5) and (d-6) of subdi-
vision 2 of section 467-a of the real property tax law, as added by
chapter 4 of the laws of 2013, are amended to read as follows:
(d-1) In the fiscal years commencing in calendar year two thousand
[twelve, two thousand thirteen and two thousand fourteen] FIFTEEN, TWO
THOUSAND SIXTEEN, TWO THOUSAND SEVENTEEN, TWO THOUSAND EIGHTEEN, AND TWO
THOUSAND NINETEEN, eligible dwelling units in property whose average
unit assessed value is less than or equal to fifty thousand dollars
shall receive a partial abatement of the real property taxes attribut-
able to or due on such dwelling units of twenty-five percent, twenty-six
and one-half percent and twenty-eight and one-tenth percent respective-
ly.
(d-2) In the fiscal years commencing in calendar year two thousand
[twelve, two thousand thirteen and two thousand fourteen] FIFTEEN, TWO
THOUSAND SIXTEEN, TWO THOUSAND SEVENTEEN, TWO THOUSAND EIGHTEEN, AND TWO
THOUSAND NINETEEN, eligible dwelling units in property whose average
unit assessed value is more than fifty thousand dollars, but less than
or equal to fifty-five thousand dollars, shall receive a partial abate-
ment of the real property taxes attributable to or due on such dwelling
units of twenty-two and one-half percent, twenty-three and eight-tenths
percent and twenty-five and two-tenths percent respectively.
(d-3) In the fiscal years commencing in calendar year two thousand
[twelve, two thousand thirteen and two thousand fourteen] FIFTEEN, TWO
THOUSAND SIXTEEN, TWO THOUSAND SEVENTEEN, TWO THOUSAND EIGHTEEN, AND TWO
THOUSAND NINETEEN, eligible dwelling units in property whose average
unit assessed value is more than fifty-five thousand dollars, but less
than or equal to sixty thousand dollars, shall receive a partial abate-
S. 4998 3
ment of the real property taxes attributable to or due on such dwelling
units of twenty percent, twenty-one and two-tenths percent, and twenty-
two and five-tenths percent respectively.
(d-4) In the fiscal years commencing in calendar year two thousand
[twelve, two thousand thirteen and two thousand fourteen] FIFTEEN, TWO
THOUSAND SIXTEEN, TWO THOUSAND SEVENTEEN, TWO THOUSAND EIGHTEEN, AND TWO
THOUSAND NINETEEN, eligible dwelling units in property whose average
unit assessed value is more than sixty thousand dollars shall receive a
partial abatement of the real property taxes attributable to or due on
such dwelling units of seventeen and one-half percent.
(d-5) In the fiscal years commencing in calendar year two thousand
[twelve and two thousand thirteen] FIFTEEN, TWO THOUSAND SIXTEEN, TWO
THOUSAND SEVENTEEN, TWO THOUSAND EIGHTEEN, AND TWO THOUSAND NINETEEN,
dwelling units that received an abatement pursuant to this section in
the fiscal year commencing in calendar year two thousand eleven, and
that are not eligible to receive benefits under paragraph (d-1), (d-2),
(d-3), or (d-4) of this subdivision and that are located in a property
that has an average unit assessed value that is less than or equal to
fifteen thousand dollars shall receive a partial abatement of the real
property taxes attributable to or due on such dwelling units of twelve
and one half percent, and six and twenty-five hundredths percent respec-
tively. Provided, however, that no such abatement shall be allowed for
any fiscal year commencing in calendar year two thousand [fourteen]
TWENTY or later.
(d-6) In the fiscal years commencing in calendar year two thousand
[twelve and two thousand thirteen] FIFTEEN, TWO THOUSAND SIXTEEN, TWO
THOUSAND SEVENTEEN, TWO THOUSAND EIGHTEEN, AND TWO THOUSAND NINETEEN,
dwelling units that received an abatement pursuant to this section in
the fiscal year commencing in calendar year two thousand eleven, and
that are not eligible to receive benefits under paragraph (d-1), (d-2),
(d-3), or (d-4) of this subdivision and that are located in a property
that has an average unit assessed value that is greater than fifteen
thousand dollars shall receive a partial abatement of the real property
taxes attributable to or due on such dwelling units of eight and seven-
ty-five hundredths percent, and four and three hundred seventy-five
thousandths percent respectively. Provided, however, that no such abate-
ment shall be allowed, for any fiscal year in calendar year two thousand
[fourteen] TWENTY or later.
S 3. Subdivision 3-e of section 467-a of the real property tax law, as
added by chapter 4 of the laws of 2013, is amended to read as follows:
3-e. (a) An applicant whose property did not receive an abatement
pursuant to this section for the fiscal year commencing in calendar year
two thousand eleven shall submit an application for an abatement pursu-
ant to this section for the fiscal years commencing in calendar years
two thousand [twelve and two thousand thirteen] FIFTEEN, TWO THOUSAND
SIXTEEN, TWO THOUSAND SEVENTEEN, TWO THOUSAND EIGHTEEN, AND TWO THOUSAND
NINETEEN in accordance with paragraph (e) of this subdivision.
(b) The abatement for the fiscal year commencing in calendar year two
thousand [twelve] FIFTEEN of a cooperative apartment corporation that
received an abatement pursuant to this section for the fiscal year
commencing in calendar year two thousand [eleven] FOURTEEN and that
submitted an information return on or before February fifteenth, two
thousand [twelve] FIFTEEN, that included an election by the board of
directors of such cooperative apartment corporation that such informa-
tion return be deemed an application for an abatement pursuant to this
S. 4998 4
section for such fiscal year, shall be based on the information
contained in such information return.
(c) The abatement for the fiscal year commencing in calendar year two
thousand twelve of a cooperative apartment corporation that received an
abatement pursuant to this section for the fiscal year commencing in
calendar year two thousand [eleven] FOURTEEN and that submitted an
information return on or before February fifteenth, two thousand
[twelve] FIFTEEN, that did not include an election by the board of
directors of such cooperative apartment corporation that such informa-
tion return be deemed an application for an abatement pursuant to this
section for such fiscal year, shall be based on the information
contained in the application submitted in two thousand [eleven] FOURTEEN
or on the information contained in such information return, or both,
provided that nothing in this paragraph shall authorize or require the
commissioner of finance to grant an abatement with respect to a property
or a dwelling unit that is not eligible as of the applicable taxable
status date for the fiscal year commencing in calendar year two thousand
[twelve] FIFTEEN.
(d) The board of managers of a condominium that received an abatement
pursuant to this section for the fiscal year commencing in calendar year
two thousand [eleven] FOURTEEN shall submit an application for an abate-
ment pursuant to this section for the fiscal year commencing in calendar
year two thousand [twelve] FIFTEEN no later than sixty days following
the effective date of the chapter of the laws of two thousand [thirteen]
FIFTEEN that [added this subdivision] AMENDED THIS PARAGRAPH. If such
board of managers does not submit such application within sixty days
following the effective date of [the] SUCH chapter of the laws of two
thousand [thirteen that added this subdivision] FIFTEEN, then the abate-
ment for the fiscal year commencing in calendar year two thousand
[twelve] FIFTEEN for such condominium shall be based on the information
contained in the application submitted in two thousand [eleven]
FOURTEEN, provided that nothing in this paragraph shall authorize or
require the commissioner of finance to grant an abatement with respect
to a property or a dwelling unit that is not eligible as of the applica-
ble taxable status date for the fiscal year commencing in calendar year
two thousand [twelve] FIFTEEN.
(e) Notwithstanding paragraphs (a), (b), (c) and (d) of this subdivi-
sion or any other inconsistent provision of law, the commissioner of
finance may require each applicant for an abatement for the fiscal years
commencing in calendar years two thousand [twelve and two thousand thir-
teen] FIFTEEN, TWO THOUSAND SIXTEEN, TWO THOUSAND SEVENTEEN, TWO THOU-
SAND EIGHTEEN AND TWO THOUSAND NINETEEN to submit an application by a
date and in a form determined by such commissioner and such commissioner
may deny abatements pursuant to this section for failure to submit such
application by such date provided that such date shall be no earlier
than thirty days following the date on which the commissioner releases
the application form.
S 4. This act shall take effect immediately.