Senate Bill S802

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    802
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  Sen.  LANZA  -- 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, in relation to  a  rebate  of
   real  property  taxes  on  certain residential real property in a city
   having a population of one million or more
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The section heading of section 467-e of the real property
 tax law, as added by section 1 of part V of chapter 60 of  the  laws  of
 2004, is amended to read as follows:
   Rebate  for  owners  or  tenant-stockholders  of one, two [or], three,
 FOUR, FIVE OR SIX family residences or residential property held in  the
 condominium  or  cooperative  form of ownership in a city having a popu-
 lation of one million or more.
   § 2. Subdivision 1 of section 467-e of the real property tax  law,  as
 amended  by  chapter  483  of  the  laws  of 2007, is amended to read as
 follows:
   1. Generally. Notwithstanding any provision of any general, special or
 local law to the contrary, any city having a population of  one  million
 or more is hereby authorized and empowered to adopt and amend local laws
 in accordance with this section to grant a rebate of real property taxes
 for  THE  fiscal  years  beginning  on  the  first of July, two thousand
 [three] NINETEEN and ending on  the  thirtieth  of  June,  two  thousand
 [nine]  TWENTY-ONE  in  the amount of [the lesser of] UP TO four hundred
 dollars [or] BUT IN NO CASE MORE THAN the annual tax  liability  imposed
 on the property. [No such local law may be adopted unless, as originally
 adopted, it authorizes such rebate to be granted in accordance with this
 section  for  three  consecutive  fiscal years beginning with the fiscal
 year beginning on the first of July, two thousand three. No such  rebate
 shall  be granted by local law for any fiscal year beginning on or after

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD01548-02-9

 S. 802                              2

 the first of July, two thousand nine, unless the council of  such  city,
 in  fixing  the  annual  tax  rates for any such fiscal year, shall have
 uniformly reduced such rates for all classes of  property  in  order  to
 produce  real  property  tax relief among such classes of property in an
 amount not less than, in the aggregate, the aggregate amount  of  rebate
 paid  in such fiscal year. No such local law implementing the provisions
 of this section, as amended by the chapter of the laws of  two  thousand
 seven  which  added  this sentence, may be adopted unless, as originally
 adopted, such local law authorizes such rebate to be granted in  accord-
 ance with this section for three consecutive fiscal years beginning with
 the  fiscal  year beginning on the first of July, two thousand six.] Any
 rebate authorized by local law in accordance with this section shall  be
 paid  in  the fiscal year following the fiscal year for which the rebate
 is granted. [If, with respect to the fiscal year of such city  beginning
 on  the first of July, two thousand eight and ending on the thirtieth of
 June, two thousand nine, an increase in average real property tax  rates
 would  otherwise  be  necessary  in  the resolution of such city council
 fixing real property tax rates for such  fiscal  year  pursuant  to  the
 charter  of  such  city, then the rebate to be paid for such fiscal year
 shall be reduced or eliminated as follows: where the sum to be raised by
 such increase is less than seven hundred  fifty  million  dollars,  then
 such rebate shall be reduced by fifty cents for each dollar of increase,
 and  where  the sum to be raised by such increase is seven hundred fifty
 million dollars or more, then  such  rebate  shall  be  eliminated.  The
 determination  of  the  reduction or elimination of such rebate shall be
 set forth in such resolution after consultation with the  department  of
 finance  of  such  city and shall take effect upon the final adoption of
 such resolution.] Such rebate shall be paid to an owner or tenant-stock-
 holder who, as of the date the application provided for  in  subdivision
 four  of this section is due, owns a one, two [or], three, FOUR, FIVE OR
 SIX family residence or a dwelling unit in residential property held  in
 the  condominium  or  cooperative form of ownership that is the owner or
 tenant-stockholder's primary residence and meets all  other  eligibility
 requirements of this section, UNLESS THE LOCAL LEGISLATIVE BODY PROVIDES
 BY  LOCAL  LAW  THAT  ONLY  OWNERS OR TENANT-STOCKHOLDERS OF A SUBSET OF
 THOSE PROPERTY TYPES ARE ELIGIBLE TO  BE  PAID  THE  REBATE.  THE  LOCAL
 LEGISLATIVE  BODY  MAY BY LOCAL LAW RESTRICT ELIGIBILITY ON THE BASIS OF
 WHETHER AN OWNER OR TENANT-STOCKHOLDER IS RECEIVING A  PARTICULAR  OTHER
 BENEFIT  PURSUANT  TO  THIS  CHAPTER OR THE PRIVATE HOUSING FINANCE LAW.
 [Notwithstanding anything to the contrary in sections four hundred twen-
 ty-one-a, four hundred twenty-one-b or four hundred twenty-one-g of this
 title, an owner or tenant-stockholder whose property is receiving  bene-
 fits  pursuant to such sections shall not be prohibited from receiving a
 rebate pursuant to this section if such owner or  tenant-stockholder  is
 otherwise  eligible  to  receive  such  rebate.   Tenant-stockholders of
 dwelling units in a cooperative apartment corporation incorporated as  a
 mutual  company  pursuant  to  article  two, four, five or eleven of the
 private housing finance law shall not be entitled to the rebate  author-
 ized  by this section.] Such rebate shall be paid by the commissioner of
 finance to eligible owners or  tenant-stockholders  in  accordance  with
 rules promulgated by the commissioner of finance.
   §  3.  Subparagraph 1 of paragraph a of subdivision 2 of section 467-e
 of the real property tax law, as added by section 1 of part V of chapter
 60 of the laws of 2004, is amended to read as follows:
   (1) the property must be a one, two [or], three,  FOUR,  FIVE  OR  SIX
 family  residence  or  residential  property  held in the condominium or

 S. 802                              3
 
 cooperative form of ownership UNLESS OTHERWISE SET FORTH  IN  THE  LOCAL
 LAW ADOPTED BY THE LOCAL LEGISLATIVE BODY IN ACCORDANCE WITH SUBDIVISION
 ONE OF THIS SECTION;
   §  4.  Subparagraph 3 of paragraph a of subdivision 2 of section 467-e
 of the real property tax law, as added by section 1 of part V of chapter
 60 of the laws of 2004, is amended to read as follows:
   (3) the owner must not be in arrears in the payment of  real  property
 taxes  in an amount in excess of twenty-five dollars for the fiscal year
 for which the rebate is claimed and all  prior  fiscal  years,  and  for
 residential  property  held  in the cooperative form of ownership, there
 must be no arrears in the payment of real property taxes in an amount in
 excess of an average of twenty-five dollars per dwelling  unit  in  such
 cooperative  apartment  corporation  for  the  fiscal year for which the
 rebate is claimed and all prior fiscal years, EXCEPT THAT IF  THE  OWNER
 HAS  ENTERED INTO AN INSTALLMENT AGREEMENT WITH THE CITY TO ADDRESS SUCH
 ARREARS AND IS NOT IN DEFAULT ON SUCH AGREEMENT,  SUCH  OWNER  WOULD  BE
 ELIGIBLE  TO RECEIVE THE REBATE, HOWEVER THE AMOUNT OF SUCH REBATE SHALL
 FIRST BE APPLIED TO THE INSTALLMENT AGREEMENT  WITH  ANY  EXCESS  AMOUNT
 PROVIDED TO THE OWNER IN THE FORM OF A REBATE.
   § 5. Paragraph c of subdivision 3 of section 467-e of the real proper-
 ty tax law, as added by section 1 of part V of chapter 60 of the laws of
 2004, is amended to read as follows:
   c.  "Property"  means a one, two [or], three, FOUR, FIVE OR SIX family
 residence or a dwelling unit in residential property held in the  condo-
 minium  or cooperative form of ownership OR SUCH SUBSET OF PROPERTY TYPE
 AS SET FORTH IN THE LOCAL LAW ADOPTED BY THE LOCAL LEGISLATIVE BODY.
   § 6. Paragraph a of subdivision 4 of section 467-e of the real proper-
 ty tax law, as amended by chapter 483 of the laws of 2007, is amended to
 read as follows:
   a. Generally. Notwithstanding any provision of any general, special or
 local law to the contrary, an application for a rebate pursuant to  this
 section  for  the  fiscal year beginning the first of July, two thousand
 [three] NINETEEN, shall be made no later than the date published by  the
 commissioner  of  finance  in  the  city record and in other appropriate
 general notices pursuant to this subdivision, which  date  shall  be  no
 earlier  than  thirty days after the effective date of this subdivision.
 [An application for a rebate pursuant to this section for  fiscal  years
 beginning on or after the first of July, two thousand four and ending on
 the thirtieth of June, two thousand six, shall be made no later than the
 fifteenth  of  March of the fiscal year for which the rebate is claimed.
 An application for a rebate pursuant to this section  for  fiscal  years
 beginning on or after the first of July, two thousand six, shall be made
 no later than the first of September following the fiscal year for which
 the  rebate  is  claimed.]  AN APPLICATION FOR A REBATE PURSUANT TO THIS
 SECTION SHALL BE MADE NO LATER THAN THE FIFTEENTH OF MARCH OF THE FISCAL
 YEAR FOR WHICH THE REBATE IS CLAIMED. All owners or  tenant-stockholders
 of  property  who primarily reside thereon must jointly file an applica-
 tion for the rebate on or before the application deadline,  unless  such
 owners  or  tenant-stockholders  currently  receive  a real property tax
 exemption pursuant to section four  hundred  twenty-five,  four  hundred
 fifty-eight,  four  hundred  fifty-eight-a, four hundred fifty-nine-c or
 four hundred sixty-seven of this title, in which case no separate appli-
 cation for a rebate pursuant to this section shall be  required.  [Such]
 THE  COMMISSIONER  OF  FINANCE  MAY  DETERMINE  THE MANNER BY WHICH SUCH
 APPLICATION MAY BE FILED AND MAY REQUIRE THAT SUCH application [may]  be
 filed  by  mail  if  it  is  enclosed  in  a  postpaid envelope properly

 S. 802                              4
 
 addressed to the commissioner of finance, deposited in a post office  or
 official depository under the exclusive care of the United States postal
 service, and postmarked by the United States postal service on or before
 the  application  deadline  OR  SUBMITTED  ONLINE. Each such application
 shall be made on a form prescribed by the commissioner of finance, which
 shall require the applicant to  agree  to  notify  the  commissioner  of
 finance  if  his, her or their primary residence changes after receiving
 the rebate pursuant to this section, or after filing an application  for
 such rebate, if his, her or their primary residence changes after filing
 such application, but before receiving such rebate.  The commissioner of
 finance  may  request  that proof of primary residence be submitted with
 the application. No rebate pursuant to this  section  shall  be  granted
 unless the applicant, if required to do so by this subdivision, files an
 application within the time periods prescribed in this subdivision.
   § 7. This act shall take effect immediately.