NY State Senate Bill 2015-S8084

Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 10, 2016	referred to rules

2015-S8084 (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Real Property

2015-S8084 (ACTIVE) - Summary

Relates to the real property tax abatement for 85 Flatbush LLC.

2015-S8084 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S8084

 TITLE OF BILL :

An act relating to the abatement of real property taxes for 85
Flatbush LLC; and providing for the repeal of such provisions upon
expiration thereof

 PURPOSE OR GENERAL IDEA OF BILL :

This bill would authorize the department of finance of the city of New
York to accept a retroactive filing under the ICAP program, where,
through no fault of the property owner, all the required filings under
the ICAP program were not timely made.

 SUMMARY OF SPECIFIC PROVISIONS :

This bill would authorize the department of finance of the city of New
York to accept from 85 Flatbush LLC, a final application, required by
subparagraph (ii) of paragraph (a) of subdivision 5 section 489-cccccc
of the real property tax law for abatement of real property taxes
pursuant to title 2-F of article 4 of the real property tax law, as if
it were timely filed for the parcel owned by such entity which is
located at 85 Flatbush Avenue Extension, county of Kings, otherwise
known as Kings county tax map section 3, block 120, lot 45.

This bill would further provide that if accepted, the application
shall be reviewed as if it had been received on or before the
applicable filing deadline established for such application. If
satisfied that such entity would otherwise be entitled to such
abatement if the entity had filed an application for abatement by the
appropriate final application date, this bill would further authorize
the department to approve the application.

This bill would additionally provide, that if such abatement is
granted, and such entity have paid any taxes with respect to years
during which the abatement is being sought, then the department may,
in its sole discretion, provide for the refund of those taxes paid and
cancel those taxes, fines, penalties, liens or interest remaining
unpaid.

 JUSTIFICATION :

This bill would provide for a filing forgiveness under the ICAP
program, where, through no fault of the property owner, all the
required filings under the ICAP program were not timely made. The
property in question was subject to a mortgage foreclosure and death
of the previous owner, preventing the subsequent owner, through no
fault of their own, from the ability to legally satisfy all the ICAP
filing deadlines due to program changes and the passage of time. This
bill would authorize, in the interest of justice and fairness, the
ability of the new property owner, with a parcel that otherwise fully
satisfies all the other requirements of ICAP, to have one of the
filings that was unable to be accepted, to be filed retroactively.

 PRIOR LEGISLATIVE HISTORY :

This is a new bill

 FISCAL IMPLICATIONS :

None Noted

 EFFECTIVE DATE :
This act shall take effect immediately; provided, however, that this
act shall expire and be deemed repealed on July 1,2017.

2015-S8084 (ACTIVE) - Bill Text download pdf

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

                                  8084

                            I N  S E N A T E

                              June 10, 2016
                               ___________

Introduced  by  Sen.  FELDER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT relating to the abatement of real property taxes for 85  Flatbush
  LLC;  and  providing for the repeal of such provisions upon expiration
  thereof

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

  Section 1. Notwithstanding any other provision of law to the contrary,
the  department  of finance of the city of New York is hereby authorized
to accept from 85 Flatbush LLC, a final application, required by subpar-
agraph (ii) of paragraph (a) of subdivision 5 section 489-cccccc of  the
real  property  tax law for abatement of real property taxes pursuant to
title 2-F of article 4 of the real property tax law, as if it were time-
ly filed for the parcel owned by such entity  which  is  located  at  85
Flatbush  Avenue  Extension,  county  of Kings, otherwise known as Kings
county tax map section 3, block 120, lot 45. If accepted,  the  applica-
tion  shall  be  reviewed  as  if  it had been received on or before the
applicable filing deadline established for such application.  If  satis-
fied  that  such entity would otherwise be entitled to such abatement if
the entity had filed an application for  abatement  by  the  appropriate
final  application  date, the department may approve the application. If
such abatement is granted and such entity, therefore,  shall  have  paid
any  taxes  with  respect  to  years during which the abatement is being
sought, the department may, in its  sole  discretion,  provide  for  the
refund  of  those  taxes  paid and cancel those taxes, fines, penalties,
liens or interest remaining unpaid.
  S 2. Notwithstanding any other provision of law to the  contrary,  the
time  limit  for  meeting  the  minimum required expenditure required by
subparagraph (a) of subdivision 1 of  section  489-cccccc  of  the  real
property  tax law for abatement of real property taxes pursuant to title
2-F of article 4 of the real property tax law shall not be applicable to
the parcel located at 85 Flatbush Avenue  Extension,  County  of  Kings,
otherwise known as Kings county tax map section 3, block 120, lot 45.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15821-02-6

S. 8084                             2

  S  3.  Notwithstanding any other provision of law to the contrary, the
time limit for completion of construction required by subdivision  2  of
section  489-cccccc  of  the real property tax law for abatement of real
property taxes pursuant to title 2-F of article 4 of the  real  property
tax  law  shall  not  be applicable to the parcel located at 85 Flatbush
Avenue Extension, County of Kings, otherwise known as Kings  county  tax
map section 3, block 120, lot 45.
  S  4.  Notwithstanding any other provision of law to the contrary, the
Post Completion tax on a building or structure required by  subparagraph
(c)  of subdivision 2 of section 489-bbbbbb of the real property tax law
for abatement of real property taxes pursuant to title 2-F of article  4
of  the  real property tax law where the building is located at 85 Flat-
bush Avenue Extension, County of Kings, otherwise known as Kings  county
tax  map section 3, block 120, lot 45 shall be determined by multiplying
the initial tax rate by the final taxable assessed value, without regard
to any exemptions, that would be shown on the assessment  roll  but  for
the  abatement  on  the assessment roll with a taxable status date imme-
diately following the completion of construction.
  S 5. Sections 489-llll and 489-kkkkkk of the real property tax law and
NYC Executive Order 50 of April 25, 1980 as amended in  Executive  Order
159  of  December 28, 2011 shall not be applicable to the parcel located
at 85 Flatbush Avenue Extension, County of  Kings,  otherwise  known  as
Kings county tax map section 3, block 120, lot 45.
  S  6.  This act shall take effect immediately, provided, that this act
shall expire and be deemed repealed on July 1, 2017.

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Senate Bill S8084

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Archive: Last Bill Status - In Senate Committee Rules Committee

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2015-S8084 (ACTIVE) - Details

2015-S8084 (ACTIVE) - Summary

2015-S8084 (ACTIVE) - Sponsor Memo

2015-S8084 (ACTIVE) - Bill Text download pdf

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Sponsored By

Simcha Felder

Archive: Last Bill Status - In Senate Committee Rules Committee

Actions

2015-S8084 (ACTIVE) - Details

2015-S8084 (ACTIVE) - Summary

2015-S8084 (ACTIVE) - Sponsor Memo

2015-S8084 (ACTIVE) - Bill Text download pdf

Comments