Assembly Bill A7665

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

                                  7665

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              May 21, 2015
                               ___________

Introduced  by M. of A. QUART -- read once and referred to the Committee
  on Real Property Taxation

AN ACT to amend the real property tax law, in relation to exemption from
  taxation of alterations and  improvements  to  multiple  dwellings  to
  eliminate  fire  and  health  hazards  and 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, AND 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10689-02-5
              

A. 7665                             2

eligible  to  receive  a partial abatement pursuant to paragraphs (d-1),
(d-2), (d-3) and (d-4) of this section.
  (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, AND 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

A. 7665                             3

unit assessed value is more than fifty-five thousand dollars,  but  less
than  or equal to sixty thousand dollars, shall receive a partial abate-
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-

A. 7665                             4

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 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 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] AMENDED this subdivision. If such board of managers
does not submit such application within sixty days following the  effec-
tive  date of the chapter of the laws of two thousand [thirteen] FIFTEEN
that [added] AMENDED this subdivision, then the abatement for the fiscal
year commencing in calendar year two thousand [twelve] FIFTEEN for  such
condominium  shall be based on the information contained in the applica-
tion 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 applicable 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.