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Assembly Bill A3927A

2017-2018 Legislative Session

Relates to tax exemptions for properties in violation of zoning laws

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

co-Sponsors

2017-A3927 - Details

See Senate Version of this Bill:
S8133
Current Committee:
Assembly Ways And Means
Law Section:
Real Property Tax Law
Laws Affected:
Amd §420-a, RPT L
Versions Introduced in Other Legislative Sessions:
2019-2020: A1976, S4115
2021-2022: A2011, S3965
2023-2024: A2831, S3311
2025-2026: S5841

2017-A3927 - Summary

Prohibits tax exemptions for properties in violation of zoning laws.

2017-A3927 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3927
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 30, 2017
                                ___________
 
 Introduced  by  M.  of  A.  ZEBROWSKI  --  read once and referred to the
   Committee on Real Property Taxation
 
 AN ACT to amend the real property tax  law,  in  relation  to  nonprofit
   organizations mandatory class
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Paragraph (b)  of  subdivision  1  and  subdivision  11  of
 section 420-a of the real property tax law, paragraph (b) of subdivision
 1  as  amended  by chapter 919 of the laws of 1981 and subdivision 11 as
 added by chapter 261 of the laws of  1992  and  as  further  amended  by
 section  1  of  part W of chapter 56 of the laws of 2010, are amended to
 read as follows:
   (b) Real property such as specified in paragraph (a) of this  subdivi-
 sion  shall  not  be  exempt  if  any officer, member or employee of the
 owning corporation or association shall receive or may be lawfully enti-
 tled to receive any pecuniary profit from the operations thereof, except
 reasonable compensation for services in effecting one or  more  of  such
 purposes,   or  as  proper  beneficiaries  of  its  strictly  charitable
 purposes; or if the organization thereof for any such avowed purposes be
 a guise or pretense for directly or indirectly making any other  pecuni-
 ary profit for such corporation or association or for any of its members
 or  employees;  or  if  it  be  not in good faith organized or conducted
 exclusively for one or more of such purposes;  OR  IF  SUCH  PURPOSE  IN
 WHICH  THE  REAL  PROPERTY  IS  BEING USED IS IN VIOLATION OF APPLICABLE
 LOCAL ZONING LAWS.
   11. An exemption may be granted pursuant to this section upon applica-
 tion by the owner on a form prescribed by the commissioner or any compa-
 rable form, which application may be filed  with  the  assessor  of  the
 appropriate  county,  city,  town or village on or before the applicable
 taxable status date.  THE APPLICATION SHALL INCLUDE A COPY  OF  A  VALID
 CERTIFICATE  OF  OCCUPANCY  OR  USE  AND  A  STATEMENT FROM THE BUILDING

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

co-Sponsors

2017-A3927A (ACTIVE) - Details

See Senate Version of this Bill:
S8133
Current Committee:
Assembly Ways And Means
Law Section:
Real Property Tax Law
Laws Affected:
Amd §420-a, RPT L
Versions Introduced in Other Legislative Sessions:
2019-2020: A1976, S4115
2021-2022: A2011, S3965
2023-2024: A2831, S3311
2025-2026: S5841

2017-A3927A (ACTIVE) - Summary

Prohibits tax exemptions for properties in violation of zoning laws.

2017-A3927A (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3927--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 30, 2017
                                ___________
 
 Introduced  by  M.  of  A. ZEBROWSKI, PEOPLES-STOKES, BRAUNSTEIN, GALEF,
   COLTON, GLICK -- read once and referred to the Committee on Real Prop-
   erty Taxation -- committee discharged, bill amended, ordered reprinted
   as amended and recommitted to said committee
 
 AN ACT to amend the real property tax  law,  in  relation  to  nonprofit
   organizations mandatory class
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (b) of subdivision 1 of section 420-a of the real
 property tax law, as amended by chapter 919 of  the  laws  of  1981,  is
 amended to read as follows:
   (b)  Real property such as specified in paragraph (a) of this subdivi-
 sion shall not be exempt if any  officer,  member  or  employee  of  the
 owning corporation or association shall receive or may be lawfully enti-
 tled to receive any pecuniary profit from the operations thereof, except
 reasonable  compensation  for  services in effecting one or more of such
 purposes,  or  as  proper  beneficiaries  of  its  strictly   charitable
 purposes; or if the organization thereof for any such avowed purposes be
 a  guise or pretense for directly or indirectly making any other pecuni-
 ary profit for such corporation or association or for any of its members
 or employees; or if it be not  in  good  faith  organized  or  conducted
 exclusively  for  one  or  more  of such purposes; OR IF SUCH PURPOSE IN
 WHICH THE REAL PROPERTY IS BEING USED  IS  IN  VIOLATION  OF  APPLICABLE
 LOCAL ZONING LAWS.
   § 2. This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07810-02-7

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