Senate Bill S5244A

Signed By Governor

2017-2018 Legislative Session

Establishes a residential work, owner occupied real property tax exemption in certain cities, over a period of 11 years

download bill text pdf

Archive: Last Bill Status - Signed by Governor

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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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 25, 2017	signed chap.134
Jul 13, 2017	delivered to governor
Jun 20, 2017	returned to senate passed assembly ordered to third reading rules cal.542 substituted for a7116a
Jun 12, 2017	referred to ways and means delivered to assembly passed senate
Jun 05, 2017	amended on third reading (t) 5244a
May 15, 2017	advanced to third reading
May 10, 2017	2nd report cal.
May 09, 2017	1st report cal.793
Mar 16, 2017	referred to local government

Votes

- Jun 12, 2017 - Floor Vote
  S5244A
  
  Aye
  
  63
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Floor Vote: Jun 12, 2017
      
      aye (63)
      
      Addabbo Jr.
      
      Akshar
      
      Alcantara
      
      Amedore
      
      Avella
      
      Bailey
      
      Benjamin
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Helming
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Montgomery
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Parker
      
      Peralta
      
      Persaud
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
  May 9, 2017 - Local Government Committee Vote
  S5244A
  
  Aye
  
  9
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Local Government Committee Vote: May 9, 2017
      
      aye (9)
      
      Boyle
      
      Brooks
      
      Carlucci
      
      Kaminsky
      
      Latimer
      
      Marchione
      
      Murphy
      
      Ortt
      
      Ritchie

Bill Amendments

Original

A (Active)

2017-S5244 - Details

See Assembly Version of this Bill:: A7116
Law Section:: Real Property Tax Law
Laws Affected:: Add §485-t, RPT L

2017-S5244 - Summary

Establishes a residential work real property tax exemption in certain cities, over a period of 11 years, for owner occupied property which has been abandoned or condemned.

2017-S5244 - Sponsor Memo

                                 BILL NUMBER:  S5244

 TITLE OF BILL :  An act to amend the real property tax law, in
relation to establishing a residential exemption program in certain
cities

 SUMMARY OF PROVISIONS :

This legislation would grant authority to the Jamestown City Council
to implement a residential real property tax exemption program to
encourage the rehabilitation, construction and improvement of real
property within the City.

Section one adds a new section 485-t to the real property tax law to
authorize the City of Jamestown to establish a residential tax
exemption program. The tax exemption would apply to any construction
work where (i) the creation, modernization, rehabilitation, or
expansion of a single family or two family residential property that
is vacant, legally condemned and has outstanding state and local
building and fire code violations, the cost of remedying such
violations exceeds the value of such property or (ii)the construction
of a new single family or two family residence of not less that 1200
square feet on a parcel where a prior structure was demolished.

Eligible property would be eligible for a tax exemption for a period
of eleven years after the property is accepted into the program. The

exemption would apply to the increased value in the property generated
by the construction and improvements. For years 1-3 the exemption
would be 100%, for years 4-5 the exemption would be 80%, for years 6-7
the exemption would be 60%, for years 89 the exemption would be 40%,
for years 10-11, the exemption would be 20%.

Once such law is adopted by the City, other taxing entities within the
City would be authorized to provide the exact same exemption through
the enactment of a local law.

Section 2 provides for an immediate effective date.

 JUSTIFICATION :

The City of Jamestown passed a resolution requesting authority to
enact this legislation to incentivize the rehabilitation of vacant,
condemned, and redevelopment of inhibited properties through the use
of a local real property tax abatement. The proposal will spur new
private investment in single and two family owner occupied structures.
The program is anticipated to help curb the number of demolitions
conducted by the City. Enactment of the exemption is expected to save
City revenues by preserving and building the city's tax base, It is
anticipated the program will foster residential occupancy within the
City through increased economic growth and will help to stabilize
existing neighborhoods.

 LEGISLATIVE HISTORY :

New bill

 FISCAL IMPLICATIONS :

None to state.

 EFFECTIVE DATE :
Immediately.

2017-S5244 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5244
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              March 16, 2017
                                ___________
 
 Introduced  by  Sen.  YOUNG  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Local Government
 
 AN ACT to amend the real property tax law, in relation to establishing a
   residential exemption program in certain cities
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  real  property  tax  law  is amended by adding a new
 section 485-t to read as follows:
   § 485-T. RESIDENTIAL EXEMPTION PROGRAM. 1.  DEFINITIONS.  AS  USED  IN
 THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A)  "APPLICANT" MEANS ANY PERSON OBLIGATED TO PAY REAL PROPERTY TAXES
 ON REAL PROPERTY, WHICH HE OR SHE OWNS AND UPON WHICH HE OR SHE RESIDES,
 OR WILL RESIDE AND FOR WHICH AN EXEMPTION FROM TAXES UNDER THIS  SECTION
 IS SOUGHT.
   (B) "MUNICIPALITY" MEANS ANY CITY HAVING A POPULATION OF NOT LESS THAN
 THIRTY-ONE THOUSAND ONE HUNDRED FORTY AND NOT MORE THAN THIRTY-ONE THOU-
 SAND ONE HUNDRED FIFTY AS DETERMINED BY THE FEDERAL DECENNIAL CENSUS FOR
 THE YEAR TWO THOUSAND TEN OR ANY OTHER TAXING JURISDICTION WITHIN SUCH A
 CITY.
   (C) "RESIDENTIAL CONSTRUCTION WORK" MEANS (I) THE CREATION, MODERNIZA-
 TION, REHABILITATION, EXPANSION OR OTHER IMPROVEMENT OF SINGLE FAMILY OR
 TWO  FAMILY  RESIDENTIAL  PROPERTY THAT IS VACANT, LEGALLY CONDEMNED AND
 HAS OUTSTANDING STATE AND LOCAL BUILDING AND FIRE CODE VIOLATIONS, WHERE
 THE COST OF REMEDYING SUCH VIOLATIONS EXCEEDS THE VALUE OF SUCH  PROPER-
 TY; OR
   (II)  THE  CONSTRUCTION OF A NEW SINGLE OR TWO FAMILY RESIDENCE OF NOT
 LESS THAN ONE THOUSAND TWO HUNDRED SQUARE FEET ON A PARCEL UPON WHICH  A
 PRIOR STRUCTURE WAS DEMOLISHED.
   2.  A  MUNICIPALITY,  OTHER THAN A SCHOOL DISTRICT AS PROVIDED IN THIS
 SECTION, MAY, BY LOCAL LAW, PROVIDE FOR THE EXEMPTION OF OWNER  OCCUPIED
 REAL  PROPERTY, WHICH HAS BEEN SUBJECT TO RESIDENTIAL CONSTRUCTION WORK,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD10546-03-7

 S. 5244                             2
 
 FROM TAXATION AS PROVIDED IN THIS SECTION. SUBSEQUENT TO THE ADOPTION OF
 SUCH A LOCAL LAW, THE COUNTY IN WHICH SUCH MUNICIPALITY IS LOCATED  MAY,
 BY  LOCAL  LAW, AND ANY SCHOOL DISTRICT, ALL OR PART OF WHICH IS LOCATED
 IN  SUCH MUNICIPALITY, MAY, BY RESOLUTION, EXEMPT SUCH PROPERTY FROM ITS
 TAXATION IN THE SAME MANNER AND TO THE SAME EXTENT AS SUCH  MUNICIPALITY
 HAS DONE.
   3.  UPON  THE ADOPTION OF SUCH A LOCAL LAW THE OWNER OCCUPIED RESIDEN-
 TIAL USE PROPERTY THAT WAS CREATED, MODERNIZED, REHABILITATED,  EXPANDED
 OR  OTHERWISE  IMPROVED,  SHALL  BE  EXEMPT FROM TAXATION AND SPECIAL AD
 VALOREM LEVIES AS PROVIDED FOR IN SUBDIVISION FOUR OF THIS SECTION.
   4. (A) (I) FOR A PERIOD OF ELEVEN YEARS FOLLOWING THE APPROVAL  OF  AN
 APPLICATION,  THE  INCREASE IN ASSESSED VALUE OF SUCH PROPERTY ATTRIBUT-
 ABLE TO SUCH CREATION, MODERNIZATION, REHABILITATION, EXPANSION OR OTHER
 IMPROVEMENT SHALL BE EXEMPT AS PROVIDED IN  SUBPARAGRAPH  (II)  OF  THIS
 PARAGRAPH.  SUCH  EXEMPTION  SHALL  BE  COMPUTED  WITH  RESPECT  TO  THE
 "EXEMPTION BASE". THE EXEMPTION BASE SHALL BE DETERMINED FOR  EACH  YEAR
 IN  WHICH  THERE  IS  AN INCREASE IN ASSESSED VALUE SO ATTRIBUTABLE FROM
 THAT OF THE PREVIOUS YEAR'S ASSESSED VALUE.
   (II)  THE  FOLLOWING  SHALL  DETERMINE  THE  COMPUTATION  OF  THE  TAX
 EXEMPTION:
 
 YEAR OF EXEMPTION   PERCENTAGE OF EXEMPTION
    1 THROUGH 3      100% OF EXEMPTION BASE
    4 THROUGH 5      80% OF EXEMPTION BASE
    6 THROUGH 7      60% OF EXEMPTION BASE
    8 THROUGH 9      40% OF EXEMPTION BASE
    10 THROUGH 11    20% OF EXEMPTION BASE
 
   (B) NO SUCH EXEMPTION SHALL BE GRANTED UNLESS:
   (I)  SUCH  CREATION, MODERNIZATION, REHABILITATION, EXPANSION OR OTHER
 IMPROVEMENT WAS COMMENCED SUBSEQUENT TO THE DATE ON  WHICH  THE  MUNICI-
 PALITY'S LOCAL LAW TOOK EFFECT; AND
   (II)  THE COST OF SUCH CREATION, MODERNIZATION, REHABILITATION, EXPAN-
 SION OR OTHER IMPROVEMENT EXCEEDS THE SUM OF  TEN  THOUSAND  DOLLARS  OR
 SUCH GREATER AMOUNT AS MAY BE SPECIFIED BY LOCAL LAW.
   (C)  FOR  PURPOSES  OF THIS SECTION THE TERM "CREATION, MODERNIZATION,
 REHABILITATION, EXPANSION OR OTHER IMPROVEMENT" SHALL NOT INCLUDE  ORDI-
 NARY MAINTENANCE AND REPAIRS.
   (D)  NO  SUCH EXEMPTION SHALL BE GRANTED CONCURRENT WITH OR SUBSEQUENT
 TO ANY OTHER REAL PROPERTY TAX EXEMPTION GRANTED TO  THE  SAME  IMPROVE-
 MENTS TO REAL PROPERTY, EXCEPT, WHERE DURING THE PERIOD OF SUCH PREVIOUS
 EXEMPTION,  PAYMENTS IN LIEU OF TAXES OR OTHER PAYMENTS WERE MADE TO THE
 MUNICIPALITY IN AN AMOUNT THAT WOULD HAVE BEEN EQUAL TO OR GREATER  THAN
 THE  AMOUNT  OF  REAL  PROPERTY  TAXES THAT WOULD HAVE BEEN PAID ON SUCH
 IMPROVEMENTS HAD SUCH PROPERTY BEEN GRANTED  AN  EXEMPTION  PURSUANT  TO
 THIS  SECTION.  IN SUCH CASE, AN EXEMPTION SHALL BE GRANTED FOR A NUMBER
 OF YEARS EQUAL TO THE ELEVEN YEAR EXEMPTION  GRANTED  PURSUANT  TO  THIS
 SECTION LESS THE NUMBER OF YEARS THE PROPERTY WOULD HAVE BEEN PREVIOUSLY
 EXEMPT FROM REAL PROPERTY TAXES.
   5.  (A)  SUCH  EXEMPTION  SHALL BE GRANTED ONLY UPON APPLICATION BY AN
 OWNER WHO RESIDES OR CERTIFIES THAT HE OR SHE WILL RESIDE  ON  THE  REAL
 PROPERTY  ON  A  FORM  PRESCRIBED  BY THE COMMISSIONER. SUCH APPLICATION
 SHALL BE FILED WITH THE ASSESSOR OF THE MUNICIPALITY  OR  COUNTY  HAVING
 THE  POWER  TO ASSESS PROPERTY FOR TAXATION ON OR BEFORE THE APPROPRIATE
 TAXABLE STATUS DATE OF SUCH MUNICIPALITY OR COUNTY.

 S. 5244                             3
 
   (B) SUCH APPLICATION MUST INCLUDE INFORMATION THAT DISCLOSES THE SCOPE
 OF WORK TO BE UNDERTAKEN AND SHALL CONTAIN COST ESTIMATES AND QUOTES FOR
 SUCH WORK FROM CONTRACTORS, PLUMBERS AND  ELECTRICIANS  LICENSED  TO  DO
 BUSINESS WITHIN THE MUNICIPALITY.
   (C)  THE  APPLICATION  AND  THE SCOPE OF WORK SHALL BE REVIEWED BY THE
 MUNICIPAL HOUSING CODE ENFORCEMENT OFFICER AND THE APPROPRIATE FIRE  AND
 BUILDING  CODE  ENFORCEMENT  OFFICER  WHO SHALL ENSURE THAT ALL PROPOSED
 WORK COMPLIES WITH THE PROVISIONS OF THE NEW YORK STATE FIRE  PREVENTION
 AND BUILDING CODE AND ALL APPLICABLE MUNICIPAL CODES AND ORDINANCES.
   6.  IF  THE ASSESSOR IS SATISFIED THAT THE APPLICANT IS ENTITLED TO AN
 EXEMPTION PURSUANT TO THIS SECTION, HE OR SHE SHALL APPROVE THE APPLICA-
 TION AND SUCH REAL PROPERTY SHALL THEREAFTER BE EXEMPT FROM TAXATION AND
 SPECIAL AD VALOREM LEVIES AS PROVIDED IN THIS  SECTION  COMMENCING  WITH
 THE  ASSESSMENT  ROLL PREPARED AFTER THE TAXABLE STATUS DATE REFERRED TO
 IN SUBDIVISION FIVE  OF  THIS  SECTION.    THE  ASSESSED  VALUE  OF  ANY
 EXEMPTION  GRANTED  PURSUANT  TO  THIS  SECTION  SHALL BE ENTERED BY THE
 ASSESSOR ON THE ASSESSMENT ROLL WITH  THE  TAXABLE  PROPERTY,  WITH  THE
 AMOUNT OF THE EXEMPTION SHOWN IN A SEPARATE COLUMN.
   § 2. This act shall take effect immediately.

2017-S5244A (ACTIVE) - Details

See Assembly Version of this Bill:: A7116
Law Section:: Real Property Tax Law
Laws Affected:: Add §485-t, RPT L

2017-S5244A (ACTIVE) - Summary

Establishes a residential work real property tax exemption in certain cities, over a period of 11 years, for owner occupied property which has been abandoned or condemned.

2017-S5244A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5244A

 TITLE OF BILL :  An act to amend the real property tax law, in
relation to establishing an owner occupied residential property
exemption program in certain cities

 SUMMARY OF PROVISIONS :

This legislation would grant authority to the Jamestown City Council
to implement a residential real property tax exemption program to
encourage the rehabilitation, construction and improvement of real
property within the City.

Section one adds a new section 485-t to the real property tax law to
authorize the City of Jamestown to establish a residential tax
exemption program. The tax exemption would apply to any construction
work where (i) the creation, modernization, rehabilitation, or
expansion of a single family or two family residential property that
is vacant, legally condemned and has outstanding state and local
building and fire code violations, the cost of remedying such
violations exceeds the value of such property or (ii)the construction
of a new single family or two family residence of not less that 1200
square feet on a parcel where a prior structure was demolished.

Following the submission of an application, eligible properties
accepted into the program would qualify for a tax exemption with a

period of eleven years. The exemption would apply to the increased
value in the property generated by the construction and improvements.
For years 1-3 the exemption would be 100%, for years 4-S the exemption
would be 80%, for years 6-7 the exemption would be 60%, for years 8-9
the exemption would be 40%, for years 10-11, the exemption would be
20%.

Once such law is adopted by the City, other taxing entities within the
City would be authorized to provide the exact same exemption through
the enactment of a local law.

Section 2 provides for an immediate effective date.

 JUSTIFICATION :

The City of Jamestown passed a resolution requesting authority to
enact this legislation to incentivize the rehabilitation of vacant,
condemned, and redevelopment of inhibited properties through the use
of a local real property tax abatement. The proposal will spur new
private investment in single and two family owner occupied structures.
The program is anticipated to help curb the number of demolitions
conducted by the City. Enactment of the exemption is expected to save
City revenues by preserving and building the city's tax base, It is
anticipated the program will foster residential occupancy within the
City through increased economic growth and will help to stabilize
existing neighborhoods.

 LEGISLATIVE HISTORY :

New bill

 FISCAL IMPLICATIONS :

None to state.

 EFFECTIVE DATE :
Immediately.

2017-S5244A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5244--A
     Cal. No. 793
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              March 16, 2017
                                ___________
 
 Introduced  by  Sen.  YOUNG  -- read twice and ordered printed, and when
   printed to be committed  to  the  Committee  on  Local  Government  --
   reported  favorably  from  said committee, ordered to first and second
   report, ordered to a third reading,  amended  and  ordered  reprinted,
   retaining its place in the order of third reading

 AN  ACT  to amend the real property tax law, in relation to establishing
   an owner occupied residential property exemption  program  in  certain
   cities
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The real property tax  law  is  amended  by  adding  a  new
 section 485-t to read as follows:
   §  485-T.  OWNER  OCCUPIED  RESIDENTIAL PROPERTY EXEMPTION PROGRAM. 1.
 DEFINITIONS. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
 FOLLOWING MEANINGS:
   (A) "APPLICANT" MEANS ANY PERSON OBLIGATED TO PAY REAL PROPERTY  TAXES
 ON REAL PROPERTY, WHICH HE OR SHE OWNS AND UPON WHICH HE OR SHE RESIDES,
 OR  WILL RESIDE AND FOR WHICH AN EXEMPTION FROM TAXES UNDER THIS SECTION
 IS SOUGHT.
   (B) "MUNICIPALITY" MEANS ANY CITY HAVING A POPULATION OF NOT LESS THAN
 THIRTY-ONE THOUSAND ONE HUNDRED FORTY AND NOT MORE THAN THIRTY-ONE THOU-
 SAND ONE HUNDRED FIFTY AS DETERMINED BY  THE  LATEST  FEDERAL  DECENNIAL
 CENSUS.
   (C) "RESIDENTIAL CONSTRUCTION WORK" MEANS (I) THE CREATION, MODERNIZA-
 TION, REHABILITATION, EXPANSION OR OTHER IMPROVEMENT OF SINGLE FAMILY OR
 TWO  FAMILY  RESIDENTIAL  PROPERTY THAT IS VACANT, LEGALLY CONDEMNED AND
 HAS OUTSTANDING STATE AND LOCAL BUILDING AND FIRE CODE VIOLATIONS, WHERE
 THE COST OF REMEDYING SUCH VIOLATIONS EXCEEDS THE VALUE OF SUCH  PROPER-
 TY; OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10546-07-7

 S. 5244--A                          2
 
   (II)  THE  CONSTRUCTION OF A NEW SINGLE OR TWO FAMILY RESIDENCE OF NOT
 LESS THAN ONE THOUSAND TWO HUNDRED SQUARE FEET ON A PARCEL UPON WHICH  A
 PRIOR STRUCTURE WAS DEMOLISHED.
   2.  A  MUNICIPALITY,  MAY,  BY LOCAL LAW, PROVIDE FOR THE EXEMPTION OF
 OWNER OCCUPIED RESIDENTIAL PROPERTY, WHICH HAS BEEN SUBJECT TO  RESIDEN-
 TIAL  CONSTRUCTION  WORK,  FROM  TAXATION  AS  PROVIDED IN THIS SECTION.
 SUBSEQUENT TO THE ADOPTION OF SUCH A LOCAL LAW, THE COUNTY IN WHICH SUCH
 MUNICIPALITY IS LOCATED MAY, BY LOCAL LAW, AND ANY SCHOOL DISTRICT,  ALL
 OR  PART  OF  WHICH IS LOCATED IN SUCH MUNICIPALITY, MAY, BY RESOLUTION,
 EXEMPT SUCH PROPERTY FROM ITS TAXATION IN THE SAME  MANNER  AND  TO  THE
 SAME EXTENT AS SUCH MUNICIPALITY HAS DONE.
   3.  UPON  THE ADOPTION OF SUCH A LOCAL LAW THE OWNER OCCUPIED RESIDEN-
 TIAL PROPERTY THAT WAS CREATED, MODERNIZED, REHABILITATED,  EXPANDED  OR
 OTHERWISE IMPROVED, SHALL BE EXEMPT FROM TAXATION AND SPECIAL AD VALOREM
 LEVIES AS PROVIDED FOR IN SUBDIVISION FOUR OF THIS SECTION.
   4.  (A)  (I) FOR A PERIOD OF ELEVEN YEARS FOLLOWING THE APPROVAL OF AN
 APPLICATION, THE INCREASE IN ASSESSED VALUE OF SUCH  PROPERTY  ATTRIBUT-
 ABLE TO SUCH CREATION, MODERNIZATION, REHABILITATION, EXPANSION OR OTHER
 IMPROVEMENT  SHALL  BE  EXEMPT  AS PROVIDED IN SUBPARAGRAPH (II) OF THIS
 PARAGRAPH.  SUCH  EXEMPTION  SHALL  BE  COMPUTED  WITH  RESPECT  TO  THE
 "EXEMPTION  BASE".  THE EXEMPTION BASE SHALL BE DETERMINED FOR EACH YEAR
 IN WHICH THERE IS AN INCREASE IN ASSESSED  VALUE  SO  ATTRIBUTABLE  FROM
 THAT OF THE PREVIOUS YEAR'S ASSESSED VALUE.
   (II)  THE  FOLLOWING  SHALL  DETERMINE  THE  COMPUTATION  OF  THE  TAX
 EXEMPTION:
 
 YEAR OF EXEMPTION   PERCENTAGE OF EXEMPTION
    1 THROUGH 3      100% OF EXEMPTION BASE
    4 THROUGH 5      80% OF EXEMPTION BASE
    6 THROUGH 7      60% OF EXEMPTION BASE
    8 THROUGH 9      40% OF EXEMPTION BASE
    10 THROUGH 11    20% OF EXEMPTION BASE
 
   (B) NO SUCH EXEMPTION SHALL BE GRANTED UNLESS:
   (I) SUCH CREATION, MODERNIZATION, REHABILITATION, EXPANSION  OR  OTHER
 IMPROVEMENT  WAS  COMMENCED  SUBSEQUENT TO THE DATE ON WHICH THE MUNICI-
 PALITY'S LOCAL LAW TOOK EFFECT;
   (II) THE COST OF SUCH CREATION, MODERNIZATION, REHABILITATION,  EXPAN-
 SION  OR  OTHER  IMPROVEMENT  EXCEEDS THE SUM OF TEN THOUSAND DOLLARS OR
 SUCH GREATER AMOUNT AS MAY BE SPECIFIED BY LOCAL LAW;
   (III) THE BUILDING DEPARTMENT HAS ISSUED A  CERTIFICATE  OF  OCCUPANCY
 FOLLOWING THE COMPLETION OF THE RESIDENTIAL CONSTRUCTION WORK; AND
   (IV)  THE  PROPERTY COMPLIES WITH ALL APPLICABLE CODES AND ZONING LAWS
 OF THE CITY.
   (C) FOR PURPOSES OF THIS SECTION THE  TERM  "CREATION,  MODERNIZATION,
 REHABILITATION,  EXPANSION OR OTHER IMPROVEMENT" SHALL NOT INCLUDE ORDI-
 NARY MAINTENANCE AND REPAIRS.
   (D) NO SUCH EXEMPTION SHALL BE GRANTED CONCURRENT WITH  OR  SUBSEQUENT
 TO  ANY  OTHER  REAL PROPERTY TAX EXEMPTION GRANTED TO THE SAME IMPROVE-
 MENTS TO REAL PROPERTY, EXCEPT, WHERE DURING THE PERIOD OF SUCH PREVIOUS
 EXEMPTION, PAYMENTS IN LIEU OF TAXES OR OTHER PAYMENTS WERE MADE TO  THE
 MUNICIPALITY  IN AN AMOUNT THAT WOULD HAVE BEEN EQUAL TO OR GREATER THAN
 THE AMOUNT OF REAL PROPERTY TAXES THAT WOULD  HAVE  BEEN  PAID  ON  SUCH
 IMPROVEMENTS  HAD  SUCH  PROPERTY  BEEN GRANTED AN EXEMPTION PURSUANT TO
 THIS SECTION. IN SUCH CASE, AN EXEMPTION SHALL BE GRANTED FOR  A  NUMBER
 OF  YEARS  EQUAL  TO  THE ELEVEN YEAR EXEMPTION GRANTED PURSUANT TO THIS

 S. 5244--A                          3
 
 SECTION LESS THE NUMBER OF YEARS THE PROPERTY WOULD HAVE BEEN PREVIOUSLY
 EXEMPT FROM REAL PROPERTY TAXES.
   5.  (A)  SUCH  EXEMPTION  SHALL BE GRANTED ONLY UPON APPLICATION BY AN
 OWNER WHO RESIDES OR CERTIFIES THAT HE OR SHE WILL RESIDE  ON  THE  REAL
 PROPERTY  ON  A  FORM  PRESCRIBED  BY THE COMMISSIONER. SUCH APPLICATION
 SHALL BE FILED WITH THE ASSESSOR ON OR BEFORE  THE  APPROPRIATE  TAXABLE
 STATUS DATE.
   (B) SUCH APPLICATION MUST INCLUDE INFORMATION THAT DISCLOSES THE SCOPE
 OF WORK TO BE UNDERTAKEN AND SHALL CONTAIN COST ESTIMATES AND QUOTES FOR
 SUCH  WORK  FROM  CONTRACTORS,  PLUMBERS AND ELECTRICIANS LICENSED TO DO
 BUSINESS WITHIN THE MUNICIPALITY.
   (C) THE APPLICATION AND THE SCOPE OF WORK SHALL  BE  REVIEWED  BY  THE
 MUNICIPAL  HOUSING CODE ENFORCEMENT OFFICER AND THE APPROPRIATE FIRE AND
 BUILDING CODE ENFORCEMENT OFFICER WHO SHALL  ENSURE  THAT  ALL  PROPOSED
 WORK  COMPLIES WITH THE PROVISIONS OF THE NEW YORK STATE FIRE PREVENTION
 AND BUILDING CODE AND ALL APPLICABLE MUNICIPAL CODES AND ORDINANCES.
   6. IF THE ASSESSOR IS SATISFIED THAT THE APPLICANT IS ENTITLED  TO  AN
 EXEMPTION PURSUANT TO THIS SECTION, HE OR SHE SHALL APPROVE THE APPLICA-
 TION AND SUCH REAL PROPERTY SHALL THEREAFTER BE EXEMPT FROM TAXATION AND
 SPECIAL  AD  VALOREM  LEVIES AS PROVIDED IN THIS SECTION COMMENCING WITH
 THE ASSESSMENT ROLL PREPARED AFTER THE TAXABLE STATUS DATE  REFERRED  TO
 IN  SUBDIVISION  FIVE  OF  THIS  SECTION.    THE  ASSESSED  VALUE OF ANY
 EXEMPTION GRANTED PURSUANT TO THIS  SECTION  SHALL  BE  ENTERED  BY  THE
 ASSESSOR  ON  THE  ASSESSMENT  ROLL  WITH THE TAXABLE PROPERTY, WITH THE
 AMOUNT OF THE EXEMPTION SHOWN IN A SEPARATE COLUMN.
   § 2. This act shall take effect immediately.

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Senate Bill S5244A

Signed By Governor

Sponsored By

Archive: Last Bill Status - Signed by Governor

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Votes

Jun 12, 2017 - Floor Vote

Floor Vote: Jun 12, 2017

May 9, 2017 - Local Government Committee Vote

Local Government Committee Vote: May 9, 2017

Bill Amendments

2017-S5244 - Details

2017-S5244 - Summary

2017-S5244 - Sponsor Memo

2017-S5244 - Bill Text download pdf

2017-S5244A (ACTIVE) - Details

2017-S5244A (ACTIVE) - Summary

2017-S5244A (ACTIVE) - Sponsor Memo

2017-S5244A (ACTIVE) - Bill Text download pdf

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Get Status Alerts for 2017-S5244A

Senate Bill S5244A

Signed By Governor

Share this bill

Sponsored By

Catharine Young

Archive: Last Bill Status - Signed by Governor

Actions

Votes

Bill Amendments

2017-S5244 - Details

2017-S5244 - Summary

2017-S5244 - Sponsor Memo

2017-S5244 - Bill Text download pdf

2017-S5244A (ACTIVE) - Details

2017-S5244A (ACTIVE) - Summary

2017-S5244A (ACTIVE) - Sponsor Memo

2017-S5244A (ACTIVE) - Bill Text download pdf

Comments