S T A T E O F N E W Y O R K
________________________________________________________________________
6372
2023-2024 Regular Sessions
I N A S S E M B L Y
April 5, 2023
___________
Introduced by M. of A. WEPRIN, CARROLL, D. ROSENTHAL -- Multi-Sponsored
by -- M. of A. COLTON, COOK, DINOWITZ, GLICK -- read once and
referred to the Committee on Real Property Taxation
AN ACT to amend the real property tax law, in relation to classifying
certain cooperative and condominium properties as class one properties
for assessment purposes
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph class one of subdivision 1 of section 1802 of the
real property tax law, as amended by chapter 332 of the laws of 2008, is
amended to read as follows:
Class one: (a) all one, two and three family residential real proper-
ty, including such dwellings used in part for nonresidential
purposes but which are used primarily for residential purposes,
except such property held in cooperative or condominium forms of
ownership other than [(i)] property defined in subparagraphs (b)
and (c) of this paragraph [and (ii) property which contains no
more than three dwelling units held in condominium form of
ownership and which was classified within this class on a previ-
ous assessment roll]; and provided that, notwithstanding the
provisions of paragraph (g) of subdivision twelve of section one
hundred two of this chapter, a mobile home or a trailer shall
not be classified within this class unless it is owner-occupied
and separately assessed; and (b) residential real property [not
more than three stories in height] held in condominium form of
ownership, provided that [no dwelling unit therein previously
was on an assessment roll as a dwelling unit in other than
condominium form of ownership] SUCH DWELLING UNIT IS OCCUPIED BY
ITS OWNER; and (c) residential real property [consisting of one
family house structures] owned by the occupant, situated on land
held in cooperative ownership by owner occupiers[, provided
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10363-01-3
A. 6372 2
that; (i) such house structures and land constituted bungalow
colonies in existence prior to nineteen hundred forty; and (ii)
the land is held in cooperative ownership for the sole purpose
of maintaining one family residences for members own use]; and
(d) all vacant land located within a special assessing unit
which is a city (i) other than such land in the borough of
Manhattan, provided that any such vacant land which is not zoned
residential must be situated immediately adjacent to property
improved with a residential structure as defined in subpara-
graphs (a) and (b) of this paragraph, be owned by the same owner
as such immediately adjacent residential property immediately
prior to and since January 1, 1989, and have a total area not
exceeding 10,000 square feet; and (ii) located in the borough of
Manhattan north of or adjacent to the north side of 110th street
provided such vacant land was classified within this class on
the assessment roll with a taxable status date of January 5,
2008 and the owner of such land has entered into a recorded
agreement with a governmental entity on or before December 31,
2008 requiring construction of housing affordable to persons or
families of low income in accordance with the provisions of the
private housing finance law. Notwithstanding the foregoing, such
vacant land shall be classified according to its use on the
assessment roll with a taxable status date immediately following
commencement of construction, provided further, that
construction pursuant to an approved plan for affordable housing
shall commence no later than December 31, 2010; and (e) all
vacant land located within a special assessing unit which is not
a city, provided that such vacant land which is not zoned resi-
dential must be situated immediately adjacent to real property
defined in subparagraph (a), (b) or (c) of this paragraph and be
owned by the same person or persons who own the real property
defined in such subparagraph immediately prior to and since
January 1, 2003;
§ 2. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.