Senate Bill S7048

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

                                  7048

                            I N  S E N A T E

                             March 18, 2016
                               ___________

Introduced  by  Sen.  LANZA  -- 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  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

S. 7048                             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.

S. 7048                             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.