S T A T E O F N E W Y O R K
________________________________________________________________________
8526--A
I N S E N A T E
May 9, 2018
___________
Introduced by Sen. LITTLE -- read twice and ordered printed, and when
printed to be committed to the Committee on Local Government --
committee discharged and said bill committed to the Committee on Hous-
ing, Construction and Community Development -- 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 tax exemptions
for community land trusts and income-restricted homeownership proper-
ties
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 420-a of the real property tax law is amended by
adding a new subdivision 15 to read as follows:
15. REAL PROPERTY OWNED BY A HOUSING DEVELOPMENT FUND COMPANY FORMED
PURSUANT TO ARTICLE ELEVEN OF THE PRIVATE HOUSING FINANCE LAW AND
SECTION FOUR HUNDRED TWO OF THE NOT-FOR-PROFIT CORPORATION LAW WHICH
OPERATES AS A COMMUNITY LAND TRUST AS DEFINED IN SECTION TWO HUNDRED
THIRTEEN OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF NINETEEN
HUNDRED NINETY-TWO, EXCLUSIVELY FOR THE BENEFIT OF PERSONS OR FAMILIES
OF LOW INCOME AS DEFINED IN SUBDIVISION TEN OF SECTION TWELVE OF THE
PRIVATE HOUSING FINANCE LAW, AND SEPARATELY ASSESSED IMPROVEMENTS OWNED
BY THE RESIDENTS THEREOF, SHALL BE EXEMPT FROM TAXATION AND EXEMPT FROM
SPECIAL AD VALOREM LEVIES AND SPECIAL ASSESSMENTS TO THE EXTENT PROVIDED
IN SECTION FOUR HUNDRED NINETY OF THIS ARTICLE. THE SUPERVISING AGENCY
OF THE COMMUNITY LAND TRUST SHALL REQUIRE AN ANNUAL CERTIFICATION FROM
THE COMMUNITY LAND TRUST THAT THE REAL PROPERTY LAND IS USED EXCLUSIVELY
FOR THE BENEFIT OF PERSONS OR FAMILIES OF LOW INCOME. THE SUPERVISING
AGENCY MAY REQUIRE THE COMMUNITY LAND TRUST TO ENTER INTO A REGULATORY
AGREEMENT, WHICH SHALL BE CO-TERMINUS WITH ANY GROUND LEASE GRANTED BY
THE COMMUNITY LAND TRUST TO ANY QUALIFYING OWNER OF IMPROVEMENTS THERE-
ON. NOTWITHSTANDING THE FOREGOING, ANY COMMUNITY LAND TRUST FORMED
PURSUANT TO SECTION FOUR HUNDRED TWO OF THE NOT-FOR-PROFIT CORPORATION
LAW AND WHICH IS LOCATED IN A CITY OR MUNICIPALITY WITH A POPULATION OF
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14069-02-8
S. 8526--A 2
LESS THAN ONE MILLION SHALL ALSO BE ELIGIBLE FOR BENEFITS UNDER THIS
SUBDIVISION.
§ 2. Section 422 of the real property tax law is amended by adding a
new subdivision 3 to read as follows:
3. EXEMPTION OF INCOME-RESTRICTED HOMEOWNERSHIP PROPERTY. INCOME-RES-
TRICTED HOMEOWNERSHIP PROPERTY, INCLUDING BUT NOT LIMITED TO A SINGLE OR
TWO-FAMILY HOME OR MULTIPLE DWELLING, WHICH IS OWNED BY AND OPERATED
EXCLUSIVELY FOR THE BENEFIT OF PERSONS OR FAMILIES OF LOW INCOME AS
DEFINED IN SUBDIVISION TEN OF SECTION TWELVE OF THE PRIVATE HOUSING
FINANCE LAW AND IS SUBJECT TO THE TERMS OF A REGULATORY AGREEMENT WITH A
SUPERVISING AGENCY, WHICH SHALL BE THE CITY OF NEW YORK ACTING BY AND
THROUGH THE DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT FOR A
COMMUNITY LAND TRUST LOCATED IN THE CITY OF NEW YORK, OR THE NEW YORK
STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL FOR ANY COMMUNITY LAND
TRUST LOCATED OUTSIDE OF THE CITY OF NEW YORK, FOR A TERM OF AT LEAST
THIRTY YEARS, OR IS LOCATED ON ANY COMMUNITY LAND TRUST FORMED PURSUANT
TO SECTION FOUR HUNDRED TWO OF THE NOT-FOR-PROFIT CORPORATION LAW AND
WHICH IS LOCATED IN A CITY OR MUNICIPALITY WITH A POPULATION OF LESS
THAN ONE MILLION WITHOUT A REGULATORY AGREEMENT WITH A SUPERVISING AGEN-
CY, WHICH IS NOT OTHERWISE FULLY EXEMPT FROM TAXATION, SHALL BE EXEMPT
FROM TAXATION AND EXEMPT FROM SPECIAL AD VALOREM LEVIES AND SPECIAL
ASSESSMENTS TO THE EXTENT PROVIDED IN SECTION FOUR HUNDRED NINETY OF
THIS ARTICLE, PROVIDED THAT A PORTION OF THE ASSESSED VALUE OF SUCH
PROPERTY SHALL BE TAXABLE IN AN AMOUNT THAT WILL YIELD A TOTAL TAX FOR
ALL PURPOSES AT THE TAX RATES IN EFFECT ON THE TAXABLE STATUS DATE OF
THE ASSESSMENT ROLL OR ROLLS ON WHICH SUCH PROPERTY IS ASSESSED THAT
SHALL NOT EXCEED EITHER: (A) TWENTY PER CENTUM OF THE CARRYING CHARGES
OF SUCH INCOME-RESTRICTED HOMEOWNERSHIP PROPERTY; OR (B) THE MAXIMUM
RESALE PRICE OF THE SINGLE OR TWO-FAMILY HOME OR MULTIPLE DWELLING, AS
REQUIRED BY EITHER A REGULATORY AGREEMENT WITH THE SUPERVISING AGENCY OR
PURSUANT TO THE RESTRICTIONS SET FORTH IN THE GROUND LEASE BETWEEN A
COMMUNITY LAND TRUST AND THE OWNER OF SUCH SINGLE OR TWO-FAMILY HOME OR
MULTIPLE DWELLING. THE TAXABLE ASSESSED VALUE OF ANY SINGLE OR TWO-FAMI-
LY HOME OR MULTIPLE DWELLING WHICH IS SUBJECT TO THE TAX RATE BASED UPON
TWENTY PER CENTUM OF THE CARRYING CHARGES IF SUCH INCOME-RESTRICTED
HOMEOWNERSHIP PROPERTY SHALL BE REASSESSED UPON TRANSFER OR SALE OF SUCH
INCOME-RESTRICTED HOMEOWNERSHIP PROPERTY. IN THE EVENT SUCH INCOME-RES-
TRICTED HOMEOWNERSHIP PROPERTY IS NOT TRANSFERRED OR SOLD FOR A PERIOD
OF TEN YEARS OR MORE, THE ASSESSOR IS HEREBY AUTHORIZED TO REVALUE OR
UPDATE THE ASSESSMENT OF SUCH INCOME-RESTRICTED HOMEOWNERSHIP PROPERTY.
IF THE TOTAL ASSESSED VALUE OF THE REAL PROPERTY FOR WHICH SUCH
EXEMPTION HAS BEEN GRANTED INCREASES OR DECREASES BY MORE THAN TWENTY
PERCENT AS THE RESULT OF A REVALUATION OR UPDATE OF ASSESSMENTS THE
ASSESSOR SHALL INCREASE OR DECREASE THE AMOUNT OF THE TAXABLE ASSESSED
VALUE ON THE ROLL FIRST REFLECTING SUCH CHANGE IN LEVEL OR REVALUATION
BY MULTIPLYING THE AMOUNT OF SUCH TAXABLE ASSESSED VALUE BY THE CHANGE
IN LEVEL OF ASSESSMENT FACTOR. IF THE CHANGE IN LEVEL OF ASSESSMENT
FACTOR IS DETERMINED AFTER THE VERIFICATION AND FILING OF THE ASSESSMENT
ROLL, THE ASSESSOR SHALL CERTIFY THE AMOUNT OF EXEMPTION AS RECOMPUTED
PURSUANT TO THIS SUBDIVISION TO THE LOCAL OFFICERS HAVING CUSTODY AND
CONTROL OF THE ROLL, AND SUCH LOCAL OFFICERS ARE HEREBY DIRECTED AND
AUTHORIZED TO ENTER THE RECOMPUTED EXEMPTION CERTIFIED BY THE ASSESSOR
ON THE ROLL. ON THE ASSESSMENT ROLL NEXT FOLLOWING SUCH REVALUATION OR
UPDATE THE TAXABLE ASSESSED VALUATION SHALL BE COMPUTED BASED ON THE TAX
RATES IN EFFECT ON THE TAXABLE STATUS DATE AS HEREINABOVE PROVIDED. THE
DIVISION OF HOUSING AND COMMUNITY RENEWAL SHALL BE AUTHORIZED TO PROMUL-
S. 8526--A 3
GATE SUITABLE RULES AND REGULATIONS TO CARRY OUT THE PROVISIONS OF THIS
SUBDIVISION. NOTWITHSTANDING THE PROVISIONS OF THIS SUBDIVISION, ANY
LOCAL ASSESSOR THAT CURRENTLY EMPLOYS A METHOD OF PROPERTY ASSESSMENT
AND TAXATION FOR ANY INCOME-RESTRICTED HOMEOWNERSHIP PROPERTY AS OF THE
EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND EIGHTEEN THAT
ADDED THIS SUBDIVISION THAT WOULD RESULT IN A LESSER TAX BURDEN FOR SUCH
INCOME-RESTRICTED HOMEOWNER SHALL BE AUTHORIZED TO CONTINUE TO EMPLOY
SUCH METHOD AS IF FULLY AUTHORIZED BY THIS SUBDIVISION.
§ 3. This act shall take effect immediately and shall apply to all
assessment rolls published after the date this act shall have become a
law.