Assembly Bill A10128

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10128
 
                           I N  A S S E M B L Y
 
                              March 12, 2020
                                ___________
 
 Introduced  by  M.  of  A.  CYMBROWITZ  -- read once and referred to the
   Committee on Real Property Taxation
 
 AN ACT to amend the real property tax law, in relation to allowing addi-
   tional tax exemptions for certain owners of real property
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Paragraph  (j)  of subdivision 16 of section 421-a of the
 real property tax law, as amended by section 3 of part TTT of chapter 59
 of the laws of 2017, is amended to read as follows:
   (j) Concurrent exemptions or abatements. An eligible multiple dwelling
 receiving Affordable New York Housing Program benefits shall not receive
 any exemption from or abatement of  real  property  taxation  under  any
 other  law,  EXCEPT  EXEMPTIONS  AUTHORIZED  UNDER  SECTION FOUR HUNDRED
 SIXTY-SEVEN OR SECTION FOUR HUNDRED FIFTY-NINE-C OF THIS TITLE.  IF  THE
 BENEFIT  AUTHORIZED BY THIS SECTION IS HIGHER THAN THE EXEMPTION AUTHOR-
 IZED UNDER SECTION FOUR HUNDRED  SIXTY-SEVEN  OR  SECTION  FOUR  HUNDRED
 FIFTY-NINE-C  OF  THIS TITLE, SUCH ELIGIBLE MULTIPLE DWELLING SHALL ONLY
 RECEIVE THE AFFORDABLE  NEW  YORK  HOUSING  PROGRAM  BENEFIT,  PROVIDED,
 HOWEVER,  IF  THE EXEMPTION AUTHORIZED UNDER SECTION FOUR HUNDRED SIXTY-
 SEVEN OR SECTION FOUR HUNDRED FIFTY-NINE-C OF THIS TITLE IS GREATER THAN
 THE BENEFIT AUTHORIZED UNDER THIS SECTION, SUCH ELIGIBLE MULTIPLE DWELL-
 ING SHALL RECEIVE THE BENEFIT AUTHORIZED UNDER  THIS  SECTION  PLUS  THE
 DIFFERENCE  OF  THE  EXEMPTION  AUTHORIZED  UNDER  SECTION  FOUR HUNDRED
 SIXTY-SEVEN OR SECTION FOUR HUNDRED FIFTY-NINE-C OF THIS TITLE  AND  THE
 BENEFIT AUTHORIZED UNDER THIS SECTION.
   §  2.  Subdivision 3 of section 459-c of the real property tax law, as
 amended by section 10 of part E of chapter 83 of the laws  of  2002,  is
 amended to read as follows:
   3.  Any exemption provided by this section shall be computed after all
 other partial exemptions allowed by law, excluding the school tax relief
 (STAR) exemption authorized by section four hundred twenty-five of  this
 title,  have  been  subtracted from the total amount assessed; provided,
 however, that no parcel may receive an exemption for the same  municipal
 tax  purpose  pursuant  to  both  this  section and section four hundred
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD15404-01-0

 A. 10128                            2
 
 sixty-seven of this title. IF  A  PARCEL  RECEIVES  BENEFITS  UNDER  THE
 AFFORDABLE  NEW  YORK HOUSING PROGRAM UNDER SECTION FOUR HUNDRED TWENTY-
 ONE-A OF THIS TITLE  AND  SUCH  EXEMPTION  IS  GREATER  THAN  THE  TOTAL
 EXEMPTION  AMOUNT ASSESSED UNDER THIS SECTION, SUCH QUALIFIED REAL PROP-
 ERTY OWNER SHALL ONLY RECEIVE THE EXEMPTION  UNDER  THE  AFFORDABLE  NEW
 YORK  HOUSING  PROGRAM,  PROVIDED,  HOWEVER  IF THE EXEMPTION AUTHORIZED
 UNDER THIS SECTION IS GREATER THAN THE BENEFIT AUTHORIZED UNDER  SECTION
 FOUR  HUNDRED TWENTY-ONE-A OF THIS TITLE, SUCH REAL PROPERTY OWNER SHALL
 RECEIVE THE BENEFIT AUTHORIZED UNDER SECTION FOUR  HUNDRED  TWENTY-ONE-A
 OF THIS TITLE PLUS THE DIFFERENCE OF THE EXEMPTION AUTHORIZED UNDER THIS
 SECTION  AND  THE  BENEFIT AUTHORIZED UNDER SECTION FOUR HUNDRED TWENTY-
 ONE-A OF THIS TITLE.
   § 3. Paragraph (c) of subdivision 1 of section 467 of the real proper-
 ty tax law, as amended by section 11 of part E of chapter 83 of the laws
 of 2002, is amended to read as follows:
   (c) Any exemption provided by this section shall be computed after all
 other partial exemptions allowed by law, excluding the school tax relief
 (STAR) exemption authorized by section four hundred twenty-five of  this
 title,  have  been  subtracted from the total amount assessed; PROVIDED,
 HOWEVER, THAT NO PARCEL MAY RECEIVE AN EXEMPTION FOR THE SAME  MUNICIPAL
 TAX  PURPOSE  PURSUANT  TO  BOTH  THIS  SECTION AND SECTION FOUR HUNDRED
 FIFTY-NINE-C OF THIS TITLE. IF A  PARCEL  RECEIVES  BENEFITS  UNDER  THE
 AFFORDABLE  NEW  YORK HOUSING PROGRAM UNDER SECTION FOUR HUNDRED TWENTY-
 ONE-A OF THIS TITLE  AND  SUCH  EXEMPTION  IS  GREATER  THAN  THE  TOTAL
 EXEMPTION  AMOUNT ASSESSED UNDER THIS SECTION, SUCH QUALIFIED REAL PROP-
 ERTY OWNER SHALL ONLY RECEIVE THE EXEMPTION  UNDER  THE  AFFORDABLE  NEW
 YORK  HOUSING  PROGRAM,  PROVIDED,  HOWEVER  IF THE EXEMPTION AUTHORIZED
 UNDER THIS SECTION IS GREATER THAN THE BENEFIT AUTHORIZED UNDER  SECTION
 FOUR  HUNDRED TWENTY-ONE-A OF THIS TITLE, SUCH REAL PROPERTY OWNER SHALL
 RECEIVE THE BENEFIT AUTHORIZED UNDER SECTION FOUR  HUNDRED  TWENTY-ONE-A
 OF THIS TITLE PLUS THE DIFFERENCE OF THE EXEMPTION AUTHORIZED UNDER THIS
 SECTION  AND  THE  BENEFIT AUTHORIZED UNDER SECTION FOUR HUNDRED TWENTY-
 ONE-A OF THIS TITLE.
   § 4. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.