S T A T E O F N E W Y O R K
________________________________________________________________________
5948
2021-2022 Regular Sessions
I N A S S E M B L Y
March 2, 2021
___________
Introduced by M. of A. BICHOTTE HERMELYN, SEAWRIGHT, SOLAGES, WALKER,
GOTTFRIED, HYNDMAN, COOK, JEAN-PIERRE, DAVILA -- read once and
referred to the Committee on Real Property Taxation
AN ACT to amend the real property tax law, in relation to a minority and
women-owned business enterprise participation goal requirement in
order to receive exemption of new multiple dwellings from local taxa-
tion for the purpose of fixing economic disparity
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 2 of section 421-a of the real property tax law
is amended by adding a new closing paragraph to read as follows:
ANY NEW MULTIPLE DWELLING OTHERWISE ELIGIBLE FOR AN EXEMPTION FROM
TAXATION UNDER THIS SECTION MUST ALSO BE IN COMPLIANCE WITH THE GOALS
FOR MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISE PARTICIPATION PURSUANT
TO SECTIONS THREE HUNDRED TWELVE AND THREE HUNDRED THIRTEEN OF THE EXEC-
UTIVE LAW. NOTHING IN THIS SECTION SHALL SUPERSEDE AN APPLICANT'S ABILI-
TY TO USE A WAIVER AS PRESCRIBED BY SUCH SECTIONS.
§ 2. The opening paragraph of paragraph a of subdivision 3 of section
421-a of the real property tax law, as amended by section 63-g of part A
of chapter 20 of the laws of 2015, is amended to read as follows:
Application forms for exemption under this section shall be filed with
the assessors between February first and March fifteenth and, based on
the certification of the local housing agency as herein provided, the
assessors shall certify to the collecting officer the amount of taxes to
be abated. If there be in a city of one million population or more a
department of housing preservation and development, the term "housing
agency" shall mean only such department of housing preservation and
development. No such application shall be accepted by the assessors
unless accompanied by a certificate of the local housing agency certify-
ing the applicant's eligibility pursuant to subdivisions two and four of
this section. No such certification of eligibility shall be issued by
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07108-01-1
A. 5948 2
the local housing agency until such agency determines WHETHER THE APPLI-
CANT IS IN FULL COMPLIANCE WITH THE PROVISIONS OF SECTIONS THREE HUNDRED
TWELVE AND THREE HUNDRED THIRTEEN OF THE EXECUTIVE LAW, AND the initial
adjusted monthly rent to be paid by tenants residing in rental dwelling
units contained within the multiple dwelling and the comparative
adjusted monthly rent that would have to be paid by such tenants if no
tax exemption were applicable as provided by this section. The initial
adjusted monthly rent will be certified by the local housing agency as
the first rent for the subject dwelling units. A copy of such certif-
ication with respect to such units shall be attached by the applicant to
the first effective lease or occupancy agreement. The initial adjusted
monthly rent shall reflect the full tax exemption benefits as approved
by the agency.
§ 3. This act shall take effect immediately.