The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  260--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sens.  MYRIE,  HOYLMAN, KRUEGER, RIVERA, SALAZAR -- read
   twice and ordered printed, and when printed to  be  committed  to  the
   Committee on Housing, Construction and Community Development -- recom-
   mitted  to the Committee on Housing, Construction and Community Devel-
   opment  in  accordance  with  Senate  Rule  6,  sec.  8  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN ACT to repeal section 421-a of the real property tax law, relating to
   the  affordable  New  York housing program; to amend the real property
   tax law, the administrative code of the city  of  New  York,  and  the
   private housing finance law, in relation to making necessary technical
   and conforming changes; and to repeal certain sections of the adminis-
   trative code of the city of New York relating thereto
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 421-a of the real property tax law is REPEALED.
   § 2. Section 11-245 of the administrative code of the city of New York
 is REPEALED.
   § 3. Section 11-245.1 of the administrative code of the  city  of  New
 York is REPEALED.
   §  4. Section 11-245.1-a of the administrative code of the city of New
 York is REPEALED.
   § 5. Section 11-245.1-b of the administrative code of the city of  New
 York is REPEALED.
   § 6. The thirteenth undesignated paragraph of subdivision a of section
 6-130  of the administrative code of the city of New York, as amended by
 local law number 212 of the city of New  York  for  the  year  2019,  is
 amended to read as follows:
   "Lease"  means  any  agreement  whereby a contracting agency contracts
 for, or leases or rents, commercial office space  or  commercial  office
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD02427-02-2
 S. 260--A                           2
 
 facilities  of 10,000 square feet or more from a non-governmental entity
 provided the city, whether through a single agreement or multiple agree-
 ments, leases or rents no less than  51  percent  of  the  total  square
 footage  of the building to which the lease applies, or if such space or
 such facility is entirely located within  the  geographic  area  in  the
 borough  of  Staten  Island[,  or in an area not defined as an exclusion
 area pursuant to section 421-a of the real property tax law] on the date
 of enactment of the local law that added this section, then no less than
 80 percent of the total square footage of  the  building  to  which  the
 lease  applies.  Such  agreements do not include agreements between not-
 for-profit organizations and a contracting agency.
   § 7. Subdivision 1 of section 11-239 of the administrative code of the
 city of New York, as amended by local law number 40 of the city  of  New
 York for the year 2007, is amended to read as follows:
   1.  For  fiscal  years beginning the first of July, two thousand three
 and ending the thirtieth of June, two thousand nine,  a  rebate  in  the
 amount of the lesser of four hundred dollars or the annual tax liability
 imposed  on the property shall be paid to an owner or tenant-stockholder
 who, as of the date the application provided for in subdivision four  of
 this  section  is  due,  owns  a one, two or three family residence or a
 dwelling unit in residential property held in the condominium or cooper-
 ative form of ownership that is the owner or tenant-stockholder's prima-
 ry residence and  meets  all  other  eligibility  requirements  of  this
 section.  If,  with respect to the fiscal year beginning on the first of
 July, two thousand eight and ending on the thirtieth of June, two  thou-
 sand  nine,  an increase in average real property tax rates would other-
 wise be necessary in the resolution of  the  city  council  fixing  real
 property  tax  rates  for such fiscal year pursuant to the charter, then
 the rebate to be paid for such fiscal year shall be  reduced  or  elimi-
 nated  as  follows:  where the sum to be raised by such increase is less
 than seven hundred fifty million dollars,  then  such  rebate  shall  be
 reduced by fifty cents for each dollar of increase, and where the sum to
 be  raised  by  such  increase is seven hundred fifty million dollars or
 more, then such rebate shall be eliminated. Notwithstanding anything  to
 the contrary in sections [four hundred twenty-one-a,] four hundred twen-
 ty-one-b  or  four hundred twenty-one-g of the real property tax law, an
 owner or tenant-stockholder whose property is receiving benefits  pursu-
 ant  to  such  sections  shall not be prohibited from receiving a rebate
 pursuant to this section if such owner or tenant-stockholder  is  other-
 wise  eligible  to  receive such rebate. Tenant-stockholders of dwelling
 units in a cooperative apartment corporation incorporated  as  a  mutual
 company  pursuant  to  article  two, four, five or eleven of the private
 housing finance law shall not be entitled to the  rebate  authorized  by
 this  section.  Such rebate shall be paid by the commissioner of finance
 to eligible owners  or  tenant-stockholders  in  accordance  with  rules
 promulgated by the commissioner of finance.
   § 8. Subdivision h of section 26-901 of the administrative code of the
 city  of  New  York,  as added by local law number 44 of the city of New
 York for the year 2012, is amended to read as follows:
   h. "Housing development project" means construction, rehabilitation or
 alteration of any residential building, residential facility or residen-
 tial structure by a developer (1) which creates or  preserves  at  least
 one  dwelling  unit;  (2)  which  is  funded in whole or in part by city
 financial assistance other  than  non-discretionary  tax  abatements  or
 benefits  approved or administered in accordance with [sections 421-a or
 489] SECTION FOUR HUNDRED EIGHTY-NINE of the [New York state] real prop-
 S. 260--A                           3

 erty tax law or other similar programs and (3) where  the  developer  of
 such  project  was not selected more than five years prior to the effec-
 tive date of this chapter. The term "housing development project"  shall
 not  include  emergency repairs performed by or on behalf of the depart-
 ment pursuant to section 27-2125 of this code, work performed by  or  on
 behalf of the department pursuant to section 27-2153 of this code, demo-
 lition  work  performed  by  or  on behalf of the department pursuant to
 articles two hundred fifteen or two hundred sixteen of  chapter  two  of
 title twenty-eight of this code, or work funded by the department pursu-
 ant  to  article [seven-a] SEVEN-A of the [New York state] real property
 actions and proceedings law.
   § 9. Subdivision 18 of section 654-d of the  private  housing  finance
 law,  as  amended by chapter 703 of the laws of 1992, is amended to read
 as follows:
   18. Rentals. Notwithstanding the  provisions  of,  or  any  regulation
 promulgated  pursuant  to,  the  emergency housing rent control law, the
 local emergency housing rent control act or local law  enacted  pursuant
 thereto, all dwelling units in a multiple dwelling the rehabilitation of
 which  commenced  after  July  first, nineteen hundred seventy-seven and
 which is financed by a mortgage loan insured by  the  subsidiary  corpo-
 ration  (including,  but not limited to, mortgage loans insured pursuant
 to mortgage insurance contracts and housing insurance contracts), except
 for dwelling units occupied by reason of ownership of stock in a cooper-
 ative and except for dwelling units that constitute condominiums,  shall
 be subject to the rent stabilization law of nineteen hundred sixty-nine,
 beginning immediately after initial rents, as established under applica-
 ble  provisions  of  this chapter, [section four hundred twenty-one-a of
 the real property tax law,] section four hundred eighty-nine of the real
 property tax law and/or subparagraph (m) of paragraph one of subdivision
 g of section 26-405 of the administrative code of the city of  New  York
 for  such  dwelling units to become effective on the basis of such reha-
 bilitation, provided that any occupant in possession of a dwelling  unit
 that  first  becomes  subject  to the rent stabilization law of nineteen
 hundred sixty-nine pursuant to this section shall be offered a  two-year
 lease notwithstanding any contrary provisions of, or regulations adopted
 pursuant  to,  such  rent  stabilization law, at the initial rent estab-
 lished for such dwelling unit and provided further  that  such  dwelling
 units,  other  than those dwelling units, the initial rents of which are
 established under subparagraph (m) of paragraph one of subdivision g  of
 section 26-405 of the administrative code of the city of New York, shall
 remain  subject  to  the  rent  stabilization law in accordance with the
 provisions of this chapter[, section four hundred  twenty-one-a  of  the
 real  property  tax  law] and/or section four hundred eighty-nine of the
 real property tax law as the case may be. Except to the extent to  which
 dwelling  units,  which  are  controlled  under other provisions of law,
 become subject to the rent stabilization law of nineteen hundred  sixty-
 nine  pursuant  to the preceding sentence, no dwelling unit shall become
 subject to the rent stabilization law solely by reason of insurance of a
 mortgage loan by the subsidiary corporation.
   § 10. Subdivision 6 of section 421-m of the real property tax law,  as
 added  by  section  43  of  part B of chapter 97 of the laws of 2011, is
 amended to read as follows:
   6. The exemption authorized by this section shall not be available  in
 a  jurisdiction to which the provisions of section [four hundred twenty-
 one-a or] four hundred twenty-one-c of this article are applicable.
 S. 260--A                           4
 
   § 11. Subdivision 1 of section 467-e of the real property tax law,  as
 amended  by  chapter  483  of  the  laws  of 2007, is amended to read as
 follows:
   1. Generally. Notwithstanding any provision of any general, special or
 local  law  to the contrary, any city having a population of one million
 or more is hereby authorized and empowered to adopt and amend local laws
 in accordance with this section to grant a rebate of real property taxes
 for fiscal years beginning on the first of July, two thousand three  and
 ending  on the thirtieth of June, two thousand nine in the amount of the
 lesser of four hundred dollars or the annual tax  liability  imposed  on
 the  property.  No  such  local law may be adopted unless, as originally
 adopted, it authorizes such rebate to be granted in accordance with this
 section for three consecutive fiscal years  beginning  with  the  fiscal
 year  beginning on the first of July, two thousand three. No such rebate
 shall be granted by local law for any fiscal year beginning on or  after
 the  first  of July, two thousand nine, unless the council of such city,
 in fixing the annual tax rates for any  such  fiscal  year,  shall  have
 uniformly  reduced  such  rates  for all classes of property in order to
 produce real property tax relief among such classes of  property  in  an
 amount  not  less than, in the aggregate, the aggregate amount of rebate
 paid in such fiscal year. No such local law implementing the  provisions
 of  this  section, as amended by [the] chapter FOUR HUNDRED EIGHTY-THREE
 of the laws of two thousand seven [which added this  sentence],  may  be
 adopted  unless,  as  originally adopted, such local law authorizes such
 rebate to be granted in accordance with this section for  three  consec-
 utive fiscal years beginning with the fiscal year beginning on the first
 of July, two thousand six. Any rebate authorized by local law in accord-
 ance  with  this  section shall be paid in the fiscal year following the
 fiscal year for which the rebate is granted. If,  with  respect  to  the
 fiscal  year  of  such city beginning on the first of July, two thousand
 eight and ending on  the  thirtieth  of  June,  two  thousand  nine,  an
 increase in average real property tax rates would otherwise be necessary
 in  the  resolution  of such city council fixing real property tax rates
 for such fiscal year pursuant to the charter  of  such  city,  then  the
 rebate to be paid for such fiscal year shall be reduced or eliminated as
 follows:  where the sum to be raised by such increase is less than seven
 hundred fifty million dollars, then such  rebate  shall  be  reduced  by
 fifty  cents for each dollar of increase, and where the sum to be raised
 by such increase is seven hundred fifty million dollars  or  more,  then
 such  rebate  shall be eliminated. The determination of the reduction or
 elimination of such rebate shall be set forth in such  resolution  after
 consultation  with the department of finance of such city and shall take
 effect upon the final adoption of such resolution. Such rebate shall  be
 paid  to an owner or tenant-stockholder who, as of the date the applica-
 tion provided for in subdivision four of this section  is  due,  owns  a
 one,  two  or  three  family residence or a dwelling unit in residential
 property held in the condominium or cooperative form of  ownership  that
 is  the  owner  or  tenant-stockholder's primary residence and meets all
 other  eligibility  requirements  of  this  section.     Notwithstanding
 anything  to  the contrary in sections [four hundred twenty-one-a,] four
 hundred twenty-one-b or four hundred  twenty-one-g  of  this  title,  an
 owner  or tenant-stockholder whose property is receiving benefits pursu-
 ant to such sections shall not be prohibited  from  receiving  a  rebate
 pursuant  to  this section if such owner or tenant-stockholder is other-
 wise eligible to receive such rebate.   Tenant-stockholders of  dwelling
 units  in  a  cooperative apartment corporation incorporated as a mutual
 S. 260--A                           5
 
 company pursuant to article two, four, five or  eleven  of  the  private
 housing  finance  law  shall not be entitled to the rebate authorized by
 this section. Such rebate shall be paid by the commissioner  of  finance
 to  eligible  owners  or  tenant-stockholders  in  accordance with rules
 promulgated by the commissioner of finance.
   § 12. Paragraph (b) of subdivision 1-a of  section  489  of  the  real
 property  tax  law,  as  added  by  chapter  450 of the laws of 2003, is
 amended to read as follows:
   (b) for tax lots in the city of New York  now  existing  or  hereafter
 created  within  the  following  area  in the borough of Manhattan, such
 conversions, alterations or improvements are aided by a grant,  loan  or
 subsidy  from  any  federal,  state  or local agency or instrumentality:
 beginning at the intersection of the United States pierhead line in  the
 Hudson  river  and  the  center line of Chambers street extended, thence
 easterly to the center line of Chambers street and continuing along  the
 center  line  of  Chambers  street  to the center line of Centre street,
 thence southerly along the center line of Centre street  to  the  center
 line  of  the Brooklyn Bridge to the intersection of the Brooklyn Bridge
 and the United States pierhead line in the East river, thence  northerly
 along  the  United  States pierhead line in the East river to the inter-
 section of the United States pierhead line in the  East  river  and  the
 center line of One Hundred Tenth street extended, thence westerly to the
 center  line of One Hundred Tenth street and continuing along the center
 line of One Hundred  Tenth  street  to  its  westerly  terminus,  thence
 westerly  to  the  intersection  of the center line of One Hundred Tenth
 street extended and the United States pierhead line in the Hudson river,
 thence southerly along the United States pierhead  line  in  the  Hudson
 river  to  the  point  of  beginning.  For purposes of this subdivision,
 "floor area" shall [have the same meaning as in paragraph b of  subdivi-
 sion  one  of  section four hundred twenty-one-a of this title] MEAN THE
 HORIZONTAL AREAS OF THE SEVERAL FLOORS  OR  ANY  PORTION  THEREOF  OF  A
 DWELLING  OR  DWELLINGS  AND ACCESSORY STRUCTURES ON A LOT MEASURED FROM
 THE EXTERIOR FACES OF EXTERIOR WALLS OR FROM THE CENTER  LINE  OF  PARTY
 WALLS.  Nothing  in this subdivision shall be construed to provide bene-
 fits pursuant to subdivision two of this section for the costs attribut-
 able to the increased cubic content in any such building or structure.
   § 13. This act shall take effect immediately.