NY State Senate Bill 2017-S8023A

Senate Bill S8023A

2017-2018 Legislative Session

Relates to extending the time to file a final application under the industrial and commercial abatement program

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Archive: Last Bill Status - In Senate Committee Cities Committee

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 17, 2018	print number 8023a
Apr 17, 2018	amend and recommit to cities
Mar 20, 2018	referred to cities

Bill Amendments

Original

A (Active)

2017-S8023 - Details

See Assembly Version of this Bill:: A9974
Current Committee:: Senate Cities
Law Section:: Real Property Tax Law
Laws Affected:: Amd §489-cccccc, RPT L; amd §11-270, NYC Ad Cd

2017-S8023 - Summary

Relates to extending the time to file a final application under the industrial and commercial abatement program.

2017-S8023 - Sponsor Memo

                                
 
BILL NUMBER: S8023

SPONSOR: DILAN
 
TITLE OF BILL:  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

 
PURPOSE OR GENERAL IDEA OF BILL:

Relates to extending the time to file a final application under the
industrial and commercial abatement program.

 
SUMMARY OF PROVISIONS:

Paragraph (a) of subdivision 5 of section 489-cccccc of the real proper-
ty tax law is amended by adding a new subparagraph (iii).  Paragraph 1
of subdivision (e) of section 11-270 of the administrative code of the
city of New York is amended by adding a new subparagraph (c).

JUSTIFICATION:

The new ICAP guidelines introduced in 2017 clarified that in the case
where plans for a property were altered substantially such that at least
10% of the plans have changed, the deadline for filing of the final ICAP
is extended to one year from the date of the amended plans. This new
rule clarified that the deadline for the final application should not be
counted from the date that the initial plans that were filed, since the
substantial changes render the initial plans not completed, but the
deadline should rather be counted from the date of the final plans. For
no apparent reason, this logical rule (which clarified a scenario not
previously addressed) has not been applied to owners who changed their
plans substantially prior to that date. This new legislation will
provide justice to owners of properties that had substantial changes
made to their plans prior to 2017 and should rightfully be entitled to
the ICAP given this necessary clarification. This new legislation is
merely extending the same ICAP rules that are applied now post 2017, to
owners-that had substantial changes done to their properties prior to
2017 when the statute clearly did not address this scenario in which an
extension of the filing deadline is necessary due to this specific set
of circumstances.

 
PRIOR LEGISLATIVE HISTORY:

None. New for 2018.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

2017-S8023 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8023
 
                             I N  S E N A T E
 
                              March 20, 2018
                                ___________
 
 Introduced  by  Sen.  DILAN  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Cities
 
 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
 APPLICATIONS FILED PRIOR TO MAY FIRST, TWO THOUSAND TEN AND THE  INITIAL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD14909-01-8

 S. 8023                             2
 
 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 PRIOR TO 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 PRIOR TO 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 PRIOR TO 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.

2017-S8023A (ACTIVE) - Details

See Assembly Version of this Bill:: A9974
Current Committee:: Senate Cities
Law Section:: Real Property Tax Law
Laws Affected:: Amd §489-cccccc, RPT L; amd §11-270, NYC Ad Cd

2017-S8023A (ACTIVE) - Summary

Relates to extending the time to file a final application under the industrial and commercial abatement program.

2017-S8023A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8023A

SPONSOR: DILAN
 
TITLE OF BILL:  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

 
PURPOSE OR GENERAL IDEA OF BILL:

Relates to extending the time to file a final application under the
industrial and commercial abatement program.

 
SUMMARY OF PROVISIONS:

Paragraph (a) of subdivision 5 of section 489-cccccc of the real proper-
ty tax law is amended by adding a new subparagraph (iii).  Paragraph 1
of subdivision (e) of section 11-270 of the administrative code of the
city of New York is amended by adding a new subparagraph (c).

JUSTIFICATION:

The new ICAP guidelines introduced in 2017 clarified that in the case
where plans for a property were altered substantially such that at least
10% of the plans have changed, the deadline for filing of the final ICAP
is extended to one year from the date of the amended plans. This new
rule clarified that the deadline for the final application should not be
counted from the date that the initial plans that were filed, since the
substantial changes render the initial plans not completed, but the
deadline should rather be counted from the date of the final plans. For
no apparent reason, this logical rule (which clarified a scenario not
previously addressed) has not been applied to owners who changed their
plans substantially prior to that date. This new legislation will
provide justice to owners of properties that had substantial changes
made to their plans prior to 2017 and should rightfully be entitled to
the ICAP given this necessary clarification. This new legislation is
merely extending the same ICAP rules that are applied now post 2017, to
owners-that had substantial changes done to their properties prior to
2017 when the statute clearly did not address this scenario in which an
extension of the filing deadline is necessary due to this specific set
of circumstances.

 
PRIOR LEGISLATIVE HISTORY:

None. New for 2018.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
Immediately.

2017-S8023A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8023--A
 
                             I N  S E N A T E
 
                              March 20, 2018
                                ___________
 
 Introduced  by  Sen.  DILAN  -- read twice and ordered printed, and when
   printed to be committed  to  the  Committee  on  Cities  --  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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD14909-03-8

 S. 8023--A                          2
 
   (III)  EXTENSION  OF  TIME TO FILE FINAL APPLICATION.  NOTWITHSTANDING
 SUBPARAGRAPH (II) OF  THIS  PARAGRAPH,  FOR  PROJECTS  WITH  PRELIMINARY
 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.

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