Senate Bill S7076

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7076
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 3, 2018
                                ___________
 
 Introduced  by Sen. KAVANAGH -- 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  local  laws,
   ordinances  or  resolutions  providing for the abatement of taxes in a
   city with a population of one million or more persons

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph a of subdivision 1 of section 467-b of the real
 property tax law, as amended by chapter 576 of  the  laws  of  1974,  is
 amended to read as follows:
   a.  "Dwelling  unit"  means that part of a dwelling in which a head of
 the household resides and which is subject to either the emergency hous-
 ing rent control law or to the rent and rehabilitation law of  the  city
 of New York enacted pursuant to the local emergency housing rent control
 law,  or to the emergency tenant protection act of nineteen seventy-four
 OR IS A DWELLING UNIT CONTAINED IN REAL PROPERTY DESCRIBED  IN  SUBDIVI-
 SION ELEVEN OF THIS SECTION;
   § 2. Paragraph a of subdivision 1 of section 467-b of the real proper-
 ty tax law, as amended by chapter 689 of the laws of 1972, is amended to
 read as follows:
   a.  "Dwelling  unit"  means that part of a dwelling in which a head of
 the household resides and which is subject to either  emergency  housing
 rent  control  law  or to rent and rehabilitation law of the city of New
 York enacted pursuant to the local law enacted  pursuant  to  the  local
 emergency  housing  rent  control law OR IS A DWELLING UNIT CONTAINED IN
 REAL PROPERTY DESCRIBED IN SUBDIVISION ELEVEN OF THIS SECTION;
   § 3. Section 467-b of the real property tax law is amended by adding a
 new subdivision 11 to read as follows:
   11. IN A CITY WITH A POPULATION OF ONE MILLION OR MORE, ANY SUCH LOCAL
 LAW, ORDINANCE OR RESOLUTION MAY PROVIDE FOR THE ABATEMENT OF  TAXES  OF
 SUCH CITY IMPOSED ON:
   (A)  REAL PROPERTY ORIGINALLY ORGANIZED PURSUANT TO ARTICLE TWO OF THE
 PRIVATE HOUSING FINANCE LAW CONTAINING DWELLING UNITS IN WHICH THE QUAL-
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11633-01-7

 S. 7076                             2
 
 IFYING HEAD OF HOUSEHOLD OR THEIR QUALIFYING SUCCESSOR IN INTEREST:  (I)
 HAS A SIGNED AGREEMENT WITH THE LANDLORD TO LIMIT INCREASES  IN  MAXIMUM
 RENT  TO AN AMOUNT BASED ON WHAT IS ORDERED BY THE RENT GUIDELINES BOARD
 FOR  THE  LIFETIME  OF THE TENANCY, WHICH AMOUNT MAY BE LESS THAN, EQUAL
 TO, OR GREATER THAN THE AMOUNT SO ORDERED BY THE RENT GUIDELINES  BOARD,
 AND  (II)  IS  OTHERWISE ELIGIBLE FOR THE TAX ABATEMENT PROVIDED IN THIS
 SECTION, REGARDLESS OF WHETHER SUCH REAL PROPERTY IS  STILL  SUBJECT  TO
 THE REGULATIONS OF SAID ARTICLE; OR
   (B)  REAL  PROPERTY  CONTAINING DWELLING UNITS IN WHICH THE QUALIFYING
 HEAD OF HOUSEHOLD OR THEIR QUALIFYING SUCCESSOR IN INTEREST: (I)  HAS  A
 SIGNED  AGREEMENT   WITH THE LANDLORD TO LIMIT INCREASES IN MAXIMUM RENT
 TO AN AMOUNT EQUAL TO OR LESS THAN THOSE ORDERED BY THE RENT  GUIDELINES
 BOARD  FOR  THE  LIFETIME OF THE TENANCY, AND (II) IS OTHERWISE ELIGIBLE
 FOR THE TAX ABATEMENT PROVIDED IN THIS SECTION;
   (C) PROVIDED, HOWEVER, THAT THE APPLICATION FOR ANY ABATEMENT PURSUANT
 TO THIS SUBDIVISION SHALL BE SUBJECT TO THE APPROVAL  OF  THE  NEW  YORK
 CITY DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT, IN SUCH DEPART-
 MENT'S DISCRETION.
   § 4. Paragraph b of subdivision 1 of section 467-c of the real proper-
 ty tax law, as amended by chapter 420 of the laws of 1991, is amended to
 read as follows:
   b.  "Dwelling unit" means that part of a dwelling in which an eligible
 head of the household resides and which is subject to the provisions  of
 either  Article  II, IV, V, or XI of the private housing finance law; or
 that part of a dwelling which was or continues to be subject to a  mort-
 gage  insured or initially insured by the federal government pursuant to
 section two hundred thirteen of the National Housing Act, as amended, in
 which an eligible head of the household resides OR IS A UNIT IN A  HOUS-
 ING DEVELOPMENT DESCRIBED IN SUBDIVISION THIRTEEN OF THIS SECTION.
   § 5. Section 467-c of the real property tax law is amended by adding a
 new subdivision 13 to read as follows:
   13. IN A CITY WITH A POPULATION OF ONE MILLION OR MORE, ANY SUCH LOCAL
 LAW,  ORDINANCE  OR RESOLUTION MAY PROVIDE FOR THE ABATEMENT OF TAXES OF
 SUCH CITY IMPOSED ON:
   (A) REAL PROPERTY ORIGINALLY ORGANIZED PURSUANT TO ARTICLE TWO OF  THE
 PRIVATE HOUSING FINANCE LAW CONTAINING DWELLING UNITS IN WHICH THE QUAL-
 IFYING HEAD OF HOUSEHOLD OR THEIR QUALIFYING SUCCESSOR IN INTEREST:  (I)
 HAS  A  SIGNED AGREEMENT WITH THE LANDLORD TO LIMIT INCREASES IN MAXIMUM
 RENT TO AN AMOUNT BASED ON WHAT IS ORDERED BY THE RENT GUIDELINES  BOARD
 FOR  THE  LIFETIME  OF THE TENANCY, WHICH AMOUNT MAY BE LESS THAN, EQUAL
 TO, OR GREATER THAN THE AMOUNT SO ORDERED BY THE RENT GUIDELINES  BOARD,
 AND  (II)  IS  OTHERWISE ELIGIBLE FOR THE TAX ABATEMENT PROVIDED IN THIS
 SECTION, REGARDLESS OF WHETHER SUCH REAL PROPERTY IS  STILL  SUBJECT  TO
 THE REGULATIONS OF SAID ARTICLE; OR
   (B)  REAL  PROPERTY  CONTAINING DWELLING UNITS IN WHICH THE QUALIFYING
 HEAD OF HOUSEHOLD OR THEIR QUALIFYING SUCCESSOR IN INTEREST: (I)  HAS  A
 SIGNED AGREEMENT WITH THE LANDLORD TO LIMIT INCREASES IN MAXIMUM RENT TO
 AN  AMOUNT  EQUAL  TO  OR LESS THEN THOSE ORDERED BY THE RENT GUIDELINES
 BOARD FOR THE LIFETIME OF THE TENANCY, AND (II)  IS  OTHERWISE  ELIGIBLE
 FOR THE TAX ABATEMENT PROVIDED IN THIS SECTION;
   (C) PROVIDED, HOWEVER, THAT THE APPLICATION FOR ANY ABATEMENT PURSUANT
 TO  THIS  SUBDIVISION  SHALL  BE SUBJECT TO THE APPROVAL OF THE NEW YORK
 CITY DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT, IN SUCH DEPART-
 MENT'S DISCRETION.
   § 6. This act shall take effect immediately; provided, however, that:

 S. 7076                             3
 
   (a) the amendments to paragraph a of subdivision 1 of section 467-b of
 the real property tax law made by section  one  of  this  act  shall  be
 subject  to  the  expiration  and  reversion of such section pursuant to
 section 17 of chapter 576 of the laws of 1974,  as  amended,  when  upon
 such  date  the provisions of section two of this act shall take effect;
 and
   (b) the amendments to section 467-b of the real property tax law  made
 by  section three of this act shall survive the expiration and reversion
 of such section as provided in section 17 of chapter 576 of the laws  of
 1974, as amended.