Senate Bill S8388

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8388
 
                             I N  S E N A T E
 
                               May 21, 2020
                                ___________
 
 Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when
   printed to be committed to the Committee on Local Government
 
 AN ACT to amend the real property tax law and the administrative code of
   the city of New York, in relation to enacting the coronavirus property
   tax relief act
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known as the  "coronavirus  property  tax
 relief act".
   § 2. For the purposes of this act, "economic hardship due to COVID-19"
 shall mean any hardship determined by the commissioner of finance of the
 city  of New York to be related to the outbreak of the novel coronavirus
 COVID-19, including but not limited to a loss of rental income, death or
 illness due to COVID-19 of an immediate family member or a fellow  prop-
 erty owner which has caused a hardship, loss of employment income due to
 the   place   of   employment's   compliance   with  government  ordered
 restrictions due to COVID-19, loss  of  investment  income  due  to  the
 economic  contraction  caused by COVID-19, or any other qualifying event
 the commissioner determines to be related to COVID-19.
   § 3. Subdivision 2 of section 925-a of the real property tax  law,  as
 amended  by  chapter  522  of  the  laws  of 2007, is amended to read as
 follows:
   2. Notwithstanding any provision of law  to  the  contrary,  during  a
 state  disaster  emergency as defined by section twenty of the executive
 law, the governor may, by executive order issued upon the request of the
 chief executive officer of a  county,  city,  town,  village  or  school
 district in the affected area, extend by up to twenty-one days the final
 date  for paying taxes without interest or penalty in such county, city,
 town, village or school district. If such an extension is  granted,  and
 any  taxes are not paid by the final date so provided, those taxes shall
 be subject to the same interest and penalties that would have applied if
 no extension had been granted.  NOTWITHSTANDING THE PROVISIONS  OF  THIS
 SUBDIVISION,  THE  CHIEF  EXECUTIVE  OFFICER OF EACH LOCALITY GRANTED AN
 EXTENSION IN EXECUTIVE ORDER 202.22 OF THE YEAR TWO THOUSAND TWENTY  MAY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD16344-01-0

 S. 8388                             2
 
 CHOOSE  TO  WAIVE SUCH INTEREST AND PENALTIES IF SUCH TAXES ARE NOT PAID
 BY THE FINAL DATE.
   § 4. Subdivision f of section 11-224 of the administrative code of the
 city of New York is amended to read as follows:
   f. If any tax on real estate which shall become due and payable at any
 time on or after July first, nineteen hundred seventy-nine, shall remain
 unpaid  in  whole  or in part on the fifteenth day following the date on
 which the same shall become due and payable,  or  if  any  tax  on  real
 estate  which  became  due  and  payable  prior  to July first, nineteen
 hundred seventy-nine shall remain unpaid on that date, the  commissioner
 of finance shall charge, receive and collect interest upon the amount of
 such tax or such part thereof remaining unpaid, to be calculated, in the
 case  of  any  tax  which  shall become due and payable on or after July
 first, nineteen hundred seventy-nine, from the day on which such tax  or
 such  part  thereof  became  due and payable, and in the case of any tax
 which became due and payable  prior  to  July  first,  nineteen  hundred
 seventy-nine,  from  July  first,  nineteen hundred seventy-nine, to the
 date of payment at the rate of seven per centum per annum if the  annual
 tax on a parcel is two thousand seven hundred fifty dollars or less, and
 at  the  rate  of  fifteen  per  centum per annum if the annual tax on a
 parcel is more than two thousand seven hundred fifty dollars  or,  irre-
 spective of the annual tax, if a parcel consists of vacant or unimproved
 land.  Any interest accrued prior to July first, nineteen hundred seven-
 ty-nine, pursuant to the preceding subdivisions of this section shall be
 unaffected by the provisions of this subdivision.
   NOTWITHSTANDING THE PROVISIONS OF THIS SECTION,  THE  COMMISSIONER  OF
 FINANCE  SHALL  CHARGE  NO  INTEREST ON THE TAX WHICH REMAINS UNPAID, IN
 WHOLE OR IN PART, ON THE FIFTEENTH DAY FOLLOWING THE DATE ON  WHICH  THE
 SAME  SHALL  BECOME  DUE  AND  PAYABLE,  IF  THE OWNER OF THE PARCEL HAS
 SUFFERED AN ECONOMIC HARDSHIP DUE TO COVID-19, AS SUCH TERM  IS  DEFINED
 BY  THE  CHAPTER  OF  THE LAWS OF TWO THOUSAND TWENTY WHICH AMENDED THIS
 SUBDIVISION.
   § 5. Section 11-224.1 of the administrative code of the  city  of  New
 York is amended by adding a new subdivision (h) to read as follows:
   (H) THE INTEREST DESCRIBED BY THIS SECTION SHALL NOT BE IMPOSED ON ANY
 UNPAID  REAL  PROPERTY TAX IF THE OWNER OF SUCH PROPERTY HAS SUFFERED AN
 ECONOMIC HARDSHIP DUE TO COVID-19, AS SUCH TERM IS DEFINED BY THE  CHAP-
 TER OF THE LAWS OF TWO THOUSAND TWENTY WHICH ADDED THIS SUBDIVISION.
   §  6.  This  act shall take effect on the ninetieth day after it shall
 have become a law. Effective immediately, the commissioner of finance of
 the city of New York is authorized and directed to promulgate  any  rule
 or  regulation necessary for the implementation of this act on or before
 such effective date. Any penalty or interest which accrued prior to  the
 effective  date  of  this  act which is waived or prohibited pursuant to
 this act shall be refunded to the property owner.