Assembly Bill A10037

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10037
 
                           I N  A S S E M B L Y
 
                               March 4, 2020
                                ___________
 
 Introduced  by  M. of A. FAHY -- read once and referred to the Committee
   on Real Property Taxation
 
 AN ACT to amend the real property tax law,  in  relation  to  exemptions
   granted for alterations or rehabilitation
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Paragraph (b) of subdivision 2 of section 444-a of the real
 property tax law, as added by chapter  183  of  the  laws  of  1997,  is
 amended to read as follows:
   (b)  No  such exemption shall be granted for such alterations or reha-
 bilitation unless:
   (i) Such property has been designated as a landmark, or is a  property
 that  contributes to the character of an historic district, created by a
 local law passed pursuant to section ninety-six-a or one  hundred  nine-
 teen-dd of the general municipal law;
   (ii) [Alterations or rehabilitation must be made for means of historic
 preservation;
   (iii)  Such  alterations  or  rehabilitation of historic property meet
 guidelines and review standards in the local preservation law;
   (iv) Such alterations  or  rehabilitation  of  historic  property  are
 approved  by  the local preservation commission prior to commencement of
 work;
   (v)] Alterations or rehabilitation are  commenced  subsequent  to  the
 effective  date  of the local law or resolution adopted pursuant to this
 section[.];
   (III) ANY ALTERATIONS OR REHABILITATION OF HISTORIC PROPERTY UNDER THE
 JURISDICTION OF THE  LOCAL  PRESERVATION  COMMISSION  AS  PART  OF  THIS
 PROJECT  ARE  APPROVED  BY  THAT COMMISSION PRIOR TO THE COMMENCEMENT OF
 WORK; AND
   (IV) A COUNTY, CITY, TOWN OR VILLAGE BY LOCAL LAW OR  SCHOOL  DISTRICT
 BY RESOLUTION MAY:
   A. REDUCE THE PERCENTAGE EXEMPT FROM TAXATION;
   B. LIMIT ELIGIBILITY FOR EXEMPTION TO CERTAIN ALTERATIONS OR REHABILI-
 TATIONS; OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD14798-02-0

 A. 10037                            2
 
   C. ALLOW FOR THE EXEMPTION TO APPLY TO REHABILITATIONS AND ALTERATIONS
 WHICH  ARE OUTSIDE OF THE JURISDICTION OF THE LOCAL PRESERVATION COMMIS-
 SION SO LONG AS ANY ALTERATIONS OR REHABILITATIONS SUBJECT TO A  COMMIS-
 SION'S JURISDICTION IS APPROVED BY SUCH COMMISSION.
   § 2. This act shall take effect immediately.