S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8395
 
                             I N  S E N A T E
 
                               May 21, 2020
                                ___________
 
 Introduced  by Sen. GAUGHRAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Budget and Revenue
 
 AN ACT to amend the tax law and the real property tax law,  in  relation
   to establishing the COVID-19 emergency property tax credit
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 606 of the tax law  is  amended  by  adding  a  new
 subsection (n-3) to read as follows:
   (N-3) COVID-19 EMERGENCY PROPERTY TAX CREDIT. 1. LEGISLATIVE FINDINGS.
 THE  LEGISLATURE  FINDS THAT IT IS IN THE PUBLIC INTEREST TO ENSURE THAT
 INDIVIDUALS AND FAMILIES ARE NOT RENDERED HOMELESS  OR  SEVERELY  FINAN-
 CIALLY  BURDENED  BECAUSE  OF  AN  INABILITY TO PAY THE COST OF PROPERTY
 TAXES DUE TO LOSS OF INCOME DUE TO COVID-19.   THE  LEGISLATURE  FURTHER
 FINDS  THAT  THE  OUTBREAK  OF COVID-19 HAS EXACERBATED THE HEALTH RISKS
 ASSOCIATED WITH BEING HOMELESS AND THAT ENSURING  INCREASED  FUNDING  SO
 THAT  INDIVIDUALS  AND FAMILIES DO NOT LOSE THEIR HOMES AND BECOME HOME-
 LESS IS AN ESSENTIAL PART OF THE STATE'S EFFORT TO MITIGATE  THE  THREAT
 OF COVID-19 TO PUBLIC HEALTH. THE LEGISLATURE FURTHER FINDS THAT PROVID-
 ING  FUNDING  FOR  INDIVIDUALS  AND FAMILIES TO PAY THEIR PROPERTY TAXES
 THAT THEY WOULD  OTHERWISE  HAVE  DIFFICULTY  PAYING  WILL  PROMOTE  THE
 STABILITY  AND PROPER MAINTENANCE OF THE HOUSING STOCK AND ASSIST COMMU-
 NITIES IN RECOVERING FROM THE ADVERSE SOCIAL AND ECONOMIC EFFECTS OF THE
 COVID-19 OUTBREAK.
   2. DEFINITIONS. FOR PURPOSES OF THIS SUBSECTION:
   (A) "ADJUSTED ANNUAL INCOME" SHALL MEAN INCOME  MINUS  ANY  DEDUCTIONS
 ALLOWABLE AT THE DISCRETION OF THE COMMISSIONER PURSUANT TO THIS SECTION
 AND THOSE DEDUCTIONS ENUMERATED AS FOLLOWS:
   (I) FIVE THOUSAND SEVEN HUNDRED SIXTY DOLLARS FOR EACH DEPENDENT;
   (II)  FOUR  THOUSAND  EIGHT  HUNDRED  DOLLARS FOR AN ELDERLY HOUSEHOLD
 MEMBER AND/OR A HOUSEHOLD MEMBER WITH A DISABILITY;
   (III) THE SUM TOTAL OF PRIMARY MORTGAGE PAYMENTS, NOT INCLUDING ESCROW
 PAYMENTS, PAID BY THE TAXPAYER FOR THE QUALIFIED PROPERTY DURING THE TAX
 YEAR;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD16441-02-0

 S. 8395                             2
 
   (IV) ANY REASONABLE CHILD CARE EXPENSES NECESSARY TO ENABLE  A  MEMBER
 OF THE HOUSEHOLD TO BE EMPLOYED OR TO FURTHER HIS OR HER EDUCATION;
   (V)  THE  SUM  TOTAL OF UNREIMBURSED MEDICAL EXPENSES FOR EACH ELDERLY
 HOUSEHOLD MEMBER AND/OR HOUSEHOLD MEMBER WITH A DISABILITY PLUS  UNREIM-
 BURSED  ATTENDANT CARE AND/OR MEDICAL APPARATUS EXPENSES FOR EACH MEMBER
 OF THE HOUSEHOLD WITH A DISABILITY WHICH ARE NECESSARY FOR ANY MEMBER OF
 THE HOUSEHOLD, INCLUDING THE HOUSEHOLD MEMBER WITH A DISABILITY,  TO  BE
 EMPLOYED GREATER THAN THREE PERCENT OF THE ANNUAL INCOME;
   (VI)  THE  SUM  TOTAL OF UNREIMBURSED TESTING AND MEDICAL EXPENSES FOR
 EACH INDIVIDUAL OR FAMILY MEMBER RELATED TO  A  CONFIRMED  OR  SUSPECTED
 CASE OF COVID-19 GREATER THAN THREE PERCENT OF THE ANNUAL INCOME; AND
   (VII) CHILD SUPPORT PAYMENTS PAID BY THE TAXPAYER.
   (B)  "CHILD  CARE EXPENSES" SHALL MEAN EXPENSES RELATED TO THE CARE OF
 CHILDREN UNDER THE AGE OF THIRTEEN.
   (C) "DEPENDENT" SHALL MEAN ANY MEMBER OF THE FAMILY WHO IS NEITHER THE
 HEAD OF HOUSEHOLD, NOR THE HEAD OF THE HOUSEHOLD'S SPOUSE,  AND  WHO  IS
 UNDER  THE  AGE  OF EIGHTEEN, A PERSON WITH A DISABILITY, OR A FULL-TIME
 STUDENT.
   (D) "DISABILITY" SHALL MEAN:
   (I) THE INABILITY TO ENGAGE IN ANY  SUBSTANTIAL  GAINFUL  ACTIVITY  BY
 REASON OF ANY MEDICALLY DETERMINABLE PHYSICAL OR MENTAL IMPAIRMENT WHICH
 CAN  BE  EXPECTED  TO  RESULT  IN  DEATH  OR  WHICH HAS LASTED OR CAN BE
 EXPECTED TO LAST FOR A CONTINUOUS PERIOD OF NOT LESS THAN TWELVE MONTHS;
 OR
   (II) IN THE CASE OF AN INDIVIDUAL WHO HAS ATTAINED THE AGE  OF  FIFTY-
 FIVE  AND  IS BLIND, THE INABILITY BY REASON OF SUCH BLINDNESS TO ENGAGE
 IN SUBSTANTIAL GAINFUL ACTIVITY REQUIRING SKILLS OR ABILITIES COMPARABLE
 TO THOSE OF ANY GAINFUL ACTIVITY IN WHICH THEY HAVE  PREVIOUSLY  ENGAGED
 WITH SOME REGULARITY AND OVER A SUBSTANTIAL PERIOD OF TIME; OR
   (III) A PHYSICAL, MENTAL, OR EMOTIONAL IMPAIRMENT WHICH:
   (1) IS EXPECTED TO BE OF LONG-CONTINUED AND INDEFINITE DURATION;
   (2)  SUBSTANTIALLY  IMPEDES  HIS OR HER ABILITY TO LIVE INDEPENDENTLY;
 AND
   (3) IS OF SUCH A NATURE THAT SUCH ABILITY COULD BE  IMPROVED  BY  MORE
 SUITABLE HOUSING CONDITIONS; OR
   (IV)  A  DEVELOPMENTAL DISABILITY THAT IS A SEVERE, CHRONIC DISABILITY
 OF AN INDIVIDUAL THAT:
   (I) IS ATTRIBUTABLE TO A MENTAL OR PHYSICAL IMPAIRMENT OR  COMBINATION
 OF MENTAL AND PHYSICAL IMPAIRMENTS;
   (II) IS MANIFESTED BEFORE THE INDIVIDUAL ATTAINS AGE TWENTY-TWO;
   (III) IS LIKELY TO CONTINUE INDEFINITELY;
   (IV) RESULTS IN SUBSTANTIAL FUNCTIONAL LIMITATIONS IN THREE OR MORE OF
 THE FOLLOWING AREAS OF MAJOR LIFE ACTIVITY:
   (AA) SELF-CARE;
   (BB) RECEPTIVE AND EXPRESSIVE LANGUAGE;
   (CC) LEARNING;
   (DD) MOBILITY;
   (EE) SELF-DIRECTION;
   (FF) CAPACITY FOR INDEPENDENT LIVING;
   (GG) ECONOMIC SELF-SUFFICIENCY; AND
   (V)  REFLECTS  THE INDIVIDUAL'S NEED FOR A COMBINATION AND SEQUENCE OF
 SPECIAL,  INTERDISCIPLINARY,   OR   GENERIC   SERVICES,   INDIVIDUALIZED
 SUPPORTS,  OR OTHER FORMS OF ASSISTANCE THAT ARE OF LIFELONG OR EXTENDED
 DURATION AND ARE INDIVIDUALLY PLANNED AND COORDINATED.
   (E) "ELDERLY" SHALL MEAN SIXTY-TWO YEARS OF AGE OR OLDER.

 S. 8395                             3
 
   (F) "INCOME" SHALL MEAN INCOME FROM ALL SOURCES OF EACH MEMBER OF  THE
 HOUSEHOLD,  INCLUDING  ALL  WAGES,  TIPS,  OVER-TIME,  SALARY, RECURRING
 GIFTS, RETURNS  ON  INVESTMENTS,  WELFARE  ASSISTANCE,  SOCIAL  SECURITY
 PAYMENTS,  CHILD  SUPPORT PAYMENTS, UNEMPLOYMENT BENEFITS, AND ANY OTHER
 GOVERNMENT  BENEFIT OR CASH GRANT.  THE TERM "INCOME" SHALL NOT INCLUDE:
 EMPLOYMENT INCOME FROM CHILDREN UNDER EIGHTEEN YEARS OF AGE,  EMPLOYMENT
 INCOME  FROM  CHILDREN  EIGHTEEN YEARS OF AGE OR OLDER WHO ARE FULL-TIME
 STUDENTS, FOSTER CARE PAYMENTS, SPORADIC GIFTS,  GROCERIES  PROVIDED  BY
 PERSONS  NOT  LIVING IN THE HOUSEHOLD, SUPPLEMENTAL NUTRITION ASSISTANCE
 PROGRAM (SNAP) (FOOD STAMP) BENEFITS, EARNED INCOME DISREGARD (EID),  OR
 THE EARNED INCOME TAX CREDIT.
   (G)  "QUALIFIED PROPERTY" MEANS RESIDENTIAL REAL PROPERTY OWNED BY THE
 TAXPAYER WHICH IS USED EXCLUSIVELY FOR  RESIDENTIAL  PURPOSES;  PROVIDED
 HOWEVER,  THAT  IN THE EVENT ANY PORTION OF SUCH PROPERTY IS NOT SO USED
 EXCLUSIVELY FOR RESIDENTIAL PURPOSES BUT IS  USED  FOR  OTHER  PURPOSES,
 SUCH  PORTION SHALL BE INELIGIBLE FOR THE CREDIT ESTABLISHED PURSUANT TO
 THIS SUBSECTION.
   (H) "PROPERTY TAXES" SHALL MEAN TAXES  LEVIED,  OR  PORTION  OF  THOSE
 TAXES LEVIED, BY OR ON BEHALF OF ANY COUNTY, CITY, TOWN, VILLAGE, SCHOOL
 DISTRICT  OR SPECIAL DISTRICT ON THE QUALIFIED PROPERTY WHICH IS ATTRIB-
 UTABLE TO THE YEAR TWO THOUSAND TWENTY.
   (I) "STATE OF EMERGENCY" SHALL  MEAN  A  DISASTER  EMERGENCY  FOR  THE
 ENTIRE  STATE  OF  NEW YORK DECLARED IN EXECUTIVE ORDER TWO HUNDRED TWO,
 BEGINNING ON MARCH SEVENTH, TWO THOUSAND TWENTY  AND  EXTENDING  THROUGH
 SEPTEMBER  SEVENTH,  TWO THOUSAND TWENTY, AS WELL AS ANY ADDITIONAL TIME
 DURING WHICH SUCH DISASTER EMERGENCY IS IN EFFECT DURING  THE  TAX  YEAR
 TWO  THOUSAND  TWENTY,  SHOULD  THE  GOVERNOR EXTEND IT BEYOND SEPTEMBER
 SEVENTH, TWO THOUSAND TWENTY.
   3. AUTHORITY TO IMPLEMENT COVID-19 EMERGENCY PROPERTY TAX CREDIT.  THE
 COMMISSIONER, AS SOON AS PRACTICABLE AND SUBJECT TO THE APPROPRIATION OF
 FUNDS,  INCLUDING  FEDERAL  FUNDS,  FOR THIS PURPOSE, SHALL IMPLEMENT AN
 EMERGENCY COVID-19 PROPERTY TAX PROGRAM IN THE  FORM  OF  A  CREDIT  FOR
 THOSE  ELIGIBLE  PURSUANT  TO  PARAGRAPH  FOUR  OF  THIS SUBSECTION. THE
 DEPARTMENT SHALL ISSUE TAX CREDITS PURSUANT TO THIS SECTION, SUBJECT  TO
 APPROPRIATION  OF FUNDS FOR THIS PURPOSE.  THE COMMISSIONER MAY DELEGATE
 ADMINISTRATION OF A PORTION OF THIS PROGRAM TO THE DEPARTMENT  OF  LABOR
 FOR  THOSE APPLYING OR RECEIVING UNEMPLOYMENT BENEFITS. THE COMMISSIONER
 MAY ALSO DELEGATE THE ADMINISTRATION OF  PORTIONS  OF  THIS  PROGRAM  TO
 LOCAL  TAXING  JURISDICTIONS  IN  ACCORDANCE WITH THE PROVISIONS OF THIS
 SECTION.
   4. ELIGIBILITY. (A) AN INDIVIDUAL TAXPAYER,  OR  TAXPAYERS  IF  FILING
 JOINT  RETURNS,  WHO  MEETS  THE ELIGIBILITY STANDARDS IN THIS PARAGRAPH
 SHALL BE ALLOWED A CREDIT AGAINST THE TAXES IMPOSED BY THIS  ARTICLE  IN
 THE  AMOUNT  SPECIFIED IN PARAGRAPH SEVEN OF THIS SUBSECTION FOR THE TAX
 YEAR TWO THOUSAND TWENTY.
   (B) TO BE ELIGIBLE FOR THE CREDIT, THE TAXPAYER, OR  TAXPAYERS  FILING
 JOINT  RETURNS, ON THE PERSONAL INCOME TAX RETURN FILED FOR THE YEAR TWO
 THOUSAND TWENTY, MUST HAVE:
   (I) BEEN A RESIDENT OF THE STATE;
   (II) OWNED AND PRIMARILY RESIDED  IN  QUALIFIED  PROPERTY  WITHIN  THE
 STATE;
   (III)  HAD  PROPERTY TAXES LEVIED AGAINST THEIR QUALIFIED PROPERTY FOR
 THE YEAR TWO THOUSAND TWENTY IN AN AMOUNT WHICH EXCEEDED THIRTY  PERCENT
 OF  THEIR  ADJUSTED  ANNUAL INCOME, AS DEFINED BY THIS SUBSECTION, MINUS
 ANY SAVINGS ATTRIBUTABLE TO  AN  EXEMPTION  ON  THE  QUALIFIED  PROPERTY
 PURSUANT TO THE REAL PROPERTY TAX LAW; AND

 S. 8395                             4
 
   (IV)  EITHER  SUFFERED  A SUBSTANTIAL LOSS OF INCOME AS DEFINED BY THE
 COMMISSIONER, WAS UNEMPLOYED AND FILED FOR UNEMPLOYMENT, OR FACES  IMMI-
 NENT LOSS OF HOUSING DURING THE STATE OF EMERGENCY OR WITHIN NINETY DAYS
 AFTER THE STATE OF EMERGENCY.
   (C)  IN  ADDITION  TO THE ELIGIBILITY CRITERIA ABOVE, THE COMMISSIONER
 MAY PROMULGATE LIMITS ON ASSETS AS PART OF ANY DETERMINATION  OF  ELIGI-
 BILITY FOR THIS PROGRAM.
   (D)  AN  INDIVIDUAL  TAXPAYER,  OR  TAXPAYERS IF FILING JOINT RETURNS,
 SHALL NOT BE ELIGIBLE FOR THIS CREDIT IF THEIR ANNUAL INCOME  IS  IN  AN
 AMOUNT  EQUAL  TO  OR GREATER THAN THE TAXPAYERS' TAXABLE INCOME FOR THE
 YEAR TWO THOUSAND NINETEEN.
   (E) ANY AMBIGUITY IN ELIGIBILITY CRITERIA PROMULGATED BY  THE  COMMIS-
 SIONER  SHALL  BE  RESOLVED  IN  FAVOR OF THE APPLICANT WHEN DETERMINING
 ELIGIBILITY.
   5. PREFERENCE. THE COMMISSIONER MAY ESTABLISH PREFERENCE IN PROCESSING
 APPLICATIONS FOR THIS CREDIT. SUCH PREFERENCE MAY ACCOUNT FOR ANY OR ALL
 OF THE FOLLOWING:
   (A) THE TAXPAYER'S HISTORICAL INCOME LEVEL PRIOR TO THE STATE OF EMER-
 GENCY AS IT RELATES TO THE AREA MEDIAN INCOME;
   (B) THE TAXPAYER'S PROPERTY TAX BURDEN;
   (C) THE PERCENTAGE OF THE HOUSEHOLD INCOME LOST; OR
   (D) THE TAXPAYER OR HOUSEHOLD MEMBER'S STATUS AS A VICTIM OF  DOMESTIC
 VIOLENCE.
   6.  TAX  LIEN FORECLOSURE. NOTWITHSTANDING ANY PROVISION OF LAW TO THE
 CONTRARY, A TAX LIEN FORECLOSURE INITIATED PURSUANT TO ARTICLE ELEVEN OF
 THE REAL PROPERTY TAX LAW WHICH INCLUDES  UNPAID  TAXES  THAT  COULD  BE
 CREDITED UNDER THIS SECTION CANNOT BE COMMENCED AGAINST A PROPERTY OWNER
 WHO HAS APPLIED FOR THIS CREDIT UNLESS OR UNTIL A FINAL DETERMINATION OF
 INELIGIBILITY.  THE  ACTION  MAY  PROCEED NINETY DAYS AFTER THE DETERMI-
 NATION OF INELIGIBILITY OR AFTER PAYMENT IS RELEASED BY  THE  DEPARTMENT
 TO  THE  TAXING  JURISDICTION  PURSUANT TO SUBPARAGRAPH (C) OF PARAGRAPH
 SEVEN OF THIS SUBSECTION.
   7. AMOUNT OF CREDIT. (A) FOR THE TWO THOUSAND TWENTY TAXABLE YEAR, THE
 AMOUNT OF THE CREDIT SHALL BE EQUAL TO THE PROPERTY TAX LIABILITY OF THE
 TAXPAYER, OR TAXPAYERS IF FILING JOINTLY, WHICH EXCEEDS  THIRTY  PERCENT
 OF THE TAXPAYER'S INCOME AS DEFINED BY THIS SUBSECTION DIVIDED BY TWELVE
 AND  MULTIPLIED AS FOLLOWS: IF THE STATE OF EMERGENCY AS DEFINED BY THIS
 SUBSECTION IS REPEALED ON OR  BEFORE  SEPTEMBER  SEVENTH,  TWO  THOUSAND
 TWENTY  MULTIPLIED  BY SIX; IF THE STATE OF EMERGENCY AS DEFINED BY THIS
 SUBSECTION IS REPEALED ON OR BEFORE OCTOBER SEVENTH, TWO THOUSAND  TWEN-
 TY,  BUT  AFTER    SEPTEMBER SEVENTH, TWO THOUSAND TWENTY, MULTIPLIED BY
 SEVEN; IF THE STATE OF  EMERGENCY  AS  DEFINED  BY  THIS  SUBSECTION  IS
 REPEALED  ON  OR BEFORE NOVEMBER SEVENTH, TWO THOUSAND TWENTY, BUT AFTER
 OCTOBER SEVENTH, TWO THOUSAND TWENTY, MULTIPLIED BY EIGHT; IF THE  STATE
 OF  EMERGENCY  AS  DEFINED  BY  THIS SUBSECTION IS REPEALED ON OR BEFORE
 DECEMBER SEVENTH, TWO THOUSAND TWENTY, BUT AFTER NOVEMBER  SEVENTH,  TWO
 THOUSAND  TWENTY,  MULTIPLIED  BY  NINE;  IF  THE  STATE OF EMERGENCY AS
 DEFINED BY THIS SUBSECTION IS AFTER DECEMBER SEVENTH, TWO THOUSAND TWEN-
 TY, MULTIPLIED BY TEN.
   (B) IF THE AMOUNT OF THE CREDIT ALLOWED UNDER  THIS  SUBSECTION  SHALL
 EXCEED  THE  TAXPAYER'S  TAX  FOR  THE TAXABLE YEAR, THE EXCESS SHALL BE
 TREATED AS AN OVERPAYMENT OF TAX TO BE CREDITED OR REFUNDED  IN  ACCORD-
 ANCE WITH THE PROVISIONS OF SECTION SIX HUNDRED EIGHTY-SIX OF THIS ARTI-
 CLE,  PROVIDED  HOWEVER,  THAT  NO  INTEREST  SHALL BE PAID THEREON. THE
 COMMISSIONER SHALL DEVELOP A PROCESS FOR  TAXPAYERS  TO  APPLY  FOR  THE
 CREDIT  UPON  FILING  THEIR TAXES FOR THE YEAR TWO THOUSAND TWENTY. UPON

 S. 8395                             5
 
 RECEIPT OF THE TAXPAYER'S APPLICATION, THE COMMISSIONER SHALL  DETERMINE
 THE  TAXPAYER'S  ELIGIBILITY  FOR  THIS CREDIT UTILIZING THE INFORMATION
 AVAILABLE TO THE COMMISSIONER ON  THE  TAXPAYER'S  PERSONAL  INCOME  TAX
 RETURN  FILED  FOR  THE  TAXABLE YEAR TWO THOUSAND TWENTY, AND ANY ADDI-
 TIONAL INFORMATION THAT THE COMMISSIONER MAY REQUIRE IN ORDER TO MAKE AN
 ELIGIBILITY DETERMINATION. FOR THOSE TAXPAYERS WHOM THE COMMISSIONER HAS
 DETERMINED ELIGIBLE FOR THIS CREDIT,  THE  COMMISSIONER  SHALL  ISSUE  A
 REFUND PAYMENT IN THE AMOUNT SPECIFIED IN SUBPARAGRAPH (A) OF THIS PARA-
 GRAPH.    A TAXPAYER THAT DOES NOT RECEIVE A REFUND PAYMENT BUT BELIEVES
 THAT HE OR SHE IS ELIGIBLE, OR WHOM RECEIVES A REFUND PAYMENT THAT HE OR
 SHE BELIEVES IS LESS THAN THE AMOUNT THAT WAS DUE TO  HIM  OR  HER,  MAY
 REQUEST  PAYMENT OF THE CLAIMED DEFICIENCY IN A MANNER PRESCRIBED BY THE
 COMMISSIONER.
   (C) NOTWITHSTANDING THE SUBPARAGRAPHS (A) AND (B) OF  THIS  PARAGRAPH,
 FOR  ELIGIBLE  TAXPAYERS  WHO  HAVE  UNPAID TWO THOUSAND TWENTY PROPERTY
 TAXES LEVIED AGAINST  THEIR  QUALIFIED  PROPERTY,  NO  CREDIT  SHALL  BE
 ISSUED.  PAYMENT SHALL INSTEAD BE MADE DIRECTLY TO A TAXING JURISDICTION
 CERTIFYING THAT THE ELIGIBLE TAXPAYER HAS UNPAID TAX LIABILITY  FOR  THE
 YEAR  TWO  THOUSAND  TWENTY ON THE QUALIFIED PROPERTY.  THE COMMISSIONER
 SHALL HAVE THE AUTHORITY TO IMPLEMENT ANY POLICY OR PROCEDURE  NECESSARY
 TO  DETERMINE WHETHER THE TAXPAYER HAS PAID THEIR PROPERTY TAXES DUE FOR
 THE YEAR TWO THOUSAND TWENTY. THE COMMISSIONER  SHALL  PROMULGATE  RULES
 AND  REGULATIONS TO DETERMINE PRIORITY FOR PAYMENT TO A TAXING JURISDIC-
 TION WHEN MULTIPLE CLAIMS ARE MADE  FOR  UNPAID  PROPERTY  TAXES  LEVIED
 DURING THE YEAR TWO THOUSAND TWENTY.
   8.  IN  THE  EVENT  THAT  THE  STATE  OF  EMERGENCY AS DEFINED BY THIS
 SUBSECTION SHALL CONTINUE THROUGH ANY PERIOD OF ANY TAXABLE  YEAR  AFTER
 TWO THOUSAND TWENTY, THE COVID-19 EMERGENCY PROPERTY TAX CREDIT SHALL BE
 AVAILABLE  TO  ELIGIBLE  TAXPAYERS  FOR  QUALIFIED  PROPERTY TO THE SAME
 EXTENT AND IN THE SAME MANNER AS PROVIDED IN THIS SUBSECTION.
   § 2. The real property tax law is amended by adding a new section 1107
 to read as follows:
   §  1107.  COVID-19  EMERGENCY  PROPERTY  TAX  CREDIT.  NOTWITHSTANDING
 ANYTHING  TO THE CONTRARY, NO ACTION SHALL BE COMMENCED PURSUANT TO THIS
 SECTION DURING THE PENDENCY OF THE STATE  OF  EMERGENCY  AS  DEFINED  IN
 SUBPARAGRAPH  (I)  OF  PARAGRAPH  TWO OF SUBSECTION (N-3) OF SECTION SIX
 HUNDRED SIX OF THE TAX LAW. NO  ACTION  MAY  SUBSEQUENTLY  BE  COMMENCED
 WHICH WOULD OTHERWISE CONFLICT WITH PARAGRAPH SIX OF SUBSECTION (N-3) OF
 SECTION SIX HUNDRED SIX OF THE TAX LAW.
   § 3. Severability. If any clause, sentence, paragraph, section or part
 of  this act shall be adjudged by any court of competent jurisdiction to
 be invalid and after exhaustion of  all  further  judicial  review,  the
 judgment  shall  not affect, impair or invalidate the remainder thereof,
 but shall be confined in its operation to the  clause,  sentence,  para-
 graph,  section or part of this act directly involved in the controversy
 in which the judgment shall have been rendered.
   § 4. This act shall take effect immediately.