NY State Senate Bill 2021-S5017

Senate Bill S5017

2021-2022 Legislative Session

Exempts improvement to historic property from taxation if certified and agreed by appropriate agency

download bill text pdf

Archive: Last Bill Status - In Senate Committee Local Government Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to local government
Feb 22, 2021	referred to local government

2021-S5017 (ACTIVE) - Details

Current Committee:: Senate Local Government
Law Section:: Real Property Tax Law
Laws Affected:: Add §476, RPT L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S4621
2011-2012: S3432
2013-2014: S3085
2015-2016: S1511
2017-2018: S3625
2019-2020: S4605
2023-2024: S5218

2021-S5017 (ACTIVE) - Summary

Encourages the preservation and viewing of historic properties by allowing an exemption from local real estate tax in cities of a million or more population, for improvements to historic real property and by requiring certain public access to such property; defines the term "historic real property" as a one, two or three family residence which is owner-occupied and designated by the appropriate agency as a historic landmark and such designation is maintained.

2021-S5017 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5017

SPONSOR: PARKER
 
TITLE OF BILL:

An act to amend the real property tax law, in relation to a tax
exemption for improvements to historic real property

 
SUMMARY OF BILL:

Section 1: This bill will exempt from taxation improvements to histor-
ical real property as approved by the appropriate agency, in a city
having a population of one million or more. Historic real property is
defined as a one, two or three family residence which is owner-occupied
and designated by the appropriate agency as a historic landmark and such
designation is maintained. In order to claim the exemption, the agency
responsible for designating the real property as a historic landmark
must certify that it is in the public interest to provide public acces-
sibility to the property. Also, the owner of the property must enter
into a permanent agreement with the agency to provide for reasonable
Public access to the property. Such exemption will only be granted upon
application by the owner of the property no later than March fifteenth.

 
JUSTIFICATION:

Several private homes have been designated as historic landmarks. A tax
exemption will allow owners to make costly improvements that will help
to maintain the integrity of the historical landmark. At the same time,
the public will have the opportunity to visit these historical land-
marks. Since the property must be designated by the proper agency and a
permanent contractual agreement is needed to qualify for the exemption,
the purpose of maintaining a historic landmark for the public accessi-
bility can be assured.

 
FISCAL IMPLICATIONS:

Small but determinate loss of local real estate tax revenue since the
exemption would apply to a very limited number of residence buildings
whose owners were willing to maintain landmark status and permit public
access.

 
LEGISLATIVE HISTORY:

2019-20: S.4605- Referred to Local Government

2017-18: S.3625- REFERRED TO LOCAL GOVERNMENT

2015-16: S.1511- Referred to Local Government

2013-14: S.3085- Referred to Local Government

2011-12: S.3432- Referred to local Government

2009-10: S.4621- Referred to Local Government

2007-08: S.3397- Referred to Local Government

2005-06: S.3477 - Referred to Local Government

 
EFFECTIVE DATE:
Immediately.

2021-S5017 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5017
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 22, 2021
                                ___________
 
 Introduced  by  Sen.  PARKER -- 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,  in  relation  to  a  tax
   exemption for improvements to historic real property
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.   The real property tax law is  amended  by  adding  a  new
 section 476 to read as follows:
   §  476.  IMPROVEMENTS TO HISTORIC REAL PROPERTY; TAX EXEMPTION. 1.  IN
 CITIES OF A MILLION OR MORE POPULATION, IMPROVEMENTS  TO  HISTORIC  REAL
 PROPERTY  SHALL  BE EXEMPT FROM TAXATION BY ANY MUNICIPAL CORPORATION IN
 WHICH THEY ARE LOCATED TO THE EXTENT THAT THE INCREASE IN ASSESSMENT  IS
 DUE TO SUCH IMPROVEMENT, PROVIDED THAT THE GOVERNING BODY OF SUCH MUNIC-
 IPAL  CORPORATION,  AFTER A PUBLIC HEARING, ADOPTS A LOCAL LAW OR RESOL-
 UTION PROVIDING THEREFOR, AS PROVIDED IN THIS SECTION.
   2. "HISTORIC REAL PROPERTY" SHALL MEAN REAL PROPERTY WHICH IS:
   (A) A ONE-, TWO- OR THREE-FAMILY RESIDENCE  WHICH  IS  OWNER-OCCUPIED;
 AND
   (B)  DESIGNATED BY THE APPROPRIATE LOCAL AGENCY AS A HISTORIC LANDMARK
 AND SUCH DESIGNATION IS MAINTAINED.
   3. NO EXEMPTION SHALL BE GRANTED UNLESS THE AGENCY WHICH IS  RESPONSI-
 BLE TO DESIGNATE THE REAL PROPERTY AS A HISTORIC LANDMARK:
   (A)  CERTIFIES  THAT IT IS IN THE PUBLIC INTEREST TO PROVIDE THAT SUCH
 PROPERTY IS TO BE ACCESSIBLE TO THE PUBLIC; AND
   (B) THE OWNER OF SUCH PROPERTY AND SUCH AGENCY ENTERS INTO A PERMANENT
 AGREEMENT TO PROVIDE FOR REASONABLE  PUBLIC  ACCESS  TO  SUCH  PROPERTY,
 WHICH  AGREEMENT  SHALL  BE  BINDING  ON ALL SUBSEQUENT OWNERS AND WHICH
 AGREEMENT SHALL BE RECORDED IN THE  OFFICE  OF  THE  APPROPRIATE  COUNTY
 CLERK IN LIKE MANNER AS A DEED.
   4. SUCH EXEMPTION FROM TAXATION SHALL BE GRANTED ONLY UPON APPLICATION
 BY THE OWNER OF SUCH HISTORIC REAL PROPERTY ON OR BEFORE THE APPROPRIATE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD09261-01-1

 S. 5017                             2
 
 TAXABLE  STATUS DATE. WHERE THE ASSESSOR IS SATISFIED THAT THE APPLICANT
 IS ENTITLED TO AN EXEMPTION PURSUANT TO THIS SECTION, HE  OR  SHE  SHALL
 APPROVE SUCH APPLICATION.
   § 2.  This act shall take effect immediately.

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