S T A T E O F N E W Y O R K
________________________________________________________________________
9974--A
I N A S S E M B L Y
March 2, 2018
___________
Introduced by M. of A. LENTOL -- read once and referred to the Committee
on Real Property Taxation -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
AN ACT to amend the real property tax law and the administrative code of
the city of New York, in relation to extending the time to file a
final application under the industrial and commercial abatement
program
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative findings. The legislature hereby finds that the
industrial and commercial abatement program (ICAP) has been successful
in encouraging economic growth and development in areas of New York
city. ICAP imposes a strict requirement that the final application for
ICAP benefits be filed within one year of the issuance of a project's
first building permit. However, the ICAP legislation's strict one-year
filing requirement results in harsh outcomes for applicants in situ-
ations where the New York city department of buildings issued a stop
work order necessitating the substantial redesign of a project after the
issuance of the first building permit. In such instances, ICAP appli-
cants are required to redesign their projects and substantively amend
their ICAP applications without providing any extension of the one year
final application filing period. The strict application of the ICAP
final application deadline in such circumstances is contrary to the
intent of the ICAP law and the New York city department of finance has
attempted to address these inequities in the promulgation of new rules
defining what constitutes the initial building permit for ICAP projects.
This legislation would amend the strict final application deadline for
pre-existing projects and enable affected projects to receive ICAP bene-
fits prospectively.
§ 2. Paragraph (a) of subdivision 5 of section 489-cccccc of the real
property tax law is amended by adding a new subparagraph (iii) to read
as follows:
(III) EXTENSION OF TIME TO FILE FINAL APPLICATION. NOTWITHSTANDING
SUBPARAGRAPH (II) OF THIS PARAGRAPH, FOR PROJECTS WITH PRELIMINARY
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14909-02-8
A. 9974--A 2
APPLICATIONS FILED AFTER MAY FIRST, TWO THOUSAND TEN AND THE INITIAL
BUILDING PERMIT FOR SUCH PROJECT WAS SUBJECT TO A STOP WORK ORDER FROM
THE DEPARTMENT OF BUILDINGS, WHICH STOP WORK ORDER RESULTED IN THE
SUBSTANTIAL REDESIGN OF THE PROJECT PRIOR TO THE RE-INSTATEMENT OF SUCH
BUILDING PERMIT, THE TIME PERIOD TO FILE THE FINAL APPLICATION FOR SUCH
PROJECT SHALL BE EXTENDED FOR A PERIOD OF TIME BETWEEN THE INITIAL ISSU-
ANCE OF THE STOP WORK ORDER AND THE RE-INSTATEMENT OF THE BUILDING
PERMIT BASED ON THE SUBSTANTIAL REDESIGN OF THE PROJECT. THE PROVISIONS
OF THIS SUBPARAGRAPH SHALL BE APPLICABLE TO PROJECTS WITH PRELIMINARY
APPLICATIONS FILED AFTER MAY FIRST, TWO THOUSAND TEN AND FOR WHICH A
FINAL CERTIFICATE OF OCCUPANCY HAS NOT YET BEEN ISSUED.
§ 3. Paragraph 1 of subdivision (e) of section 11-270 of the adminis-
trative code of the city of New York is amended by adding a new subpara-
graph (c) to read as follows:
(C) EXTENSION OF TIME TO FILE FINAL APPLICATION. NOTWITHSTANDING
SUBPARAGRAPH (B) OF THIS PARAGRAPH, FOR PROJECTS WITH PRELIMINARY APPLI-
CATIONS FILED AFTER MAY FIRST, TWO THOUSAND TEN AND THE INITIAL BUILDING
PERMIT FOR SUCH PROJECT WAS SUBJECT TO A STOP WORK ORDER FROM THE
DEPARTMENT OF BUILDINGS, WHICH STOP WORK ORDER RESULTED IN THE SUBSTAN-
TIAL REDESIGN OF THE PROJECT PRIOR TO THE RE-INSTATEMENT OF SUCH BUILD-
ING PERMIT, THE TIME PERIOD TO FILE THE FINAL APPLICATION FOR SUCH
PROJECT SHALL BE EXTENDED FOR A PERIOD OF TIME BETWEEN THE INITIAL ISSU-
ANCE OF THE STOP WORK ORDER AND THE RE-INSTATEMENT OF THE BUILDING
PERMIT BASED ON THE SUBSTANTIAL REDESIGN OF THE PROJECT. THE PROVISIONS
OF THIS SUBPARAGRAPH SHALL BE APPLICABLE TO PROJECTS WITH PRELIMINARY
APPLICATIONS FILED AFTER MAY FIRST, TWO THOUSAND TEN AND FOR WHICH A
FINAL CERTIFICATE OF OCCUPANCY HAS NOT YET BEEN ISSUED.
§ 4. This act shall take effect immediately.