Senate Bill S5285

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5285
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               March 1, 2021
                                ___________
 
 Introduced by Sens. PARKER, SEPULVEDA -- read twice and ordered printed,
   and  when  printed  to  be  committed  to  the  Committee  on Housing,
   Construction and Community Development
 
 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

 S. 5285                             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.