NY State Senate Bill 2023-S5779C

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 16, 2024	print number 5779c
Jan 16, 2024	amend and recommit to local government
Jan 03, 2024	referred to local government
Jun 06, 2023	print number 5779b
Jun 06, 2023	amend and recommit to local government
Jun 05, 2023	print number 5779a
Jun 05, 2023	amend and recommit to local government
Mar 15, 2023	referred to local government

2023-S5779 - Details

See Assembly Version of this Bill:: A5898
Current Committee:: Senate Local Government
Law Section:: Real Property Tax Law
Laws Affected:: Add §485-x, RPT L

2023-S5779 - Summary

Establishes a vacant residential investment exemption in cities with a population of not less than seven thousand fifty and not more than seven thousand sixty, determined in accordance with the two thousand twenty census.

2023-S5779 - Sponsor Memo

                                 
BILL NUMBER: S5779

SPONSOR: OBERACKER
 
TITLE OF BILL:

An act to amend the real property tax law, in relation to establishing a
residential investment exemption in certain cities

 
PURPOSE:

Establishes a residential investment exemption in certain cities

 
SUMMARY OF PROVISIONS:

Section 1. The real property tax law is amended by adding a new section
485-x to read as follows: S485-x. Residential property improvement
exemption; certain cities. 1. Construction of improvements to residen-
tial real property initiated on or after the first day of January, two
thousand twenty-four in the cities with a population of not less than
seven thousand fifty and not more than seven thousand sixty, determined
in accordance with the two thousand twenty census, may be exempt from
city and school taxation as provided in this section. Such real property

shall be designated by the city in which it is located as residential
vacant land on such city's tax roll prior to the construction of
improvements.

 
JUSTIFICATION:

Click here

The City of Norwich requested this legislation to encourage development
of the vacant residential parcels along with increase the City's tax
base that will eventually add to the City of Norwich's taxable assessed
values. To be eligible, all parcels must be classified as code 311 Resi-
dential Vacant Land on the City's tax roll. Qualifying improvements will
be Residential dwellings only.  The City is only offering the incentive
to residential dwellings not commercial to provide additional housing
within the City. The incentive will allow the property owner to build
the dwelling tax free for 18 months or until the Certificate of Occupan-
cy is issued.  After this time, the property will be fully assessed but
the property owner will have 5 years on a sliding scale before they pay
taxes on their full assessment.

Currently there is no specific site plan for each lot, but they must be
residential dwellings and must meet all code and zoning requirements.
There are approximately 70 residential vacant lots on the City's tax
roll, and they are located throughout the City limits.  This legislation
would assist the City of Norwich to provide an incentive for these resi-
dential vacant lots to property owners along with improve the housing
stock within the City too.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S5779 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5779
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 15, 2023
                                ___________
 
 Introduced by Sen. OBERACKER -- 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 establishing a
   residential investment exemption in certain cities
 
   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 485-x to read as follows:
   §  485-X.  RESIDENTIAL PROPERTY IMPROVEMENT EXEMPTION; CERTAIN CITIES.
 1. CONSTRUCTION OF IMPROVEMENTS TO RESIDENTIAL REAL  PROPERTY  INITIATED
 ON  OR  AFTER  THE FIRST DAY OF JANUARY, TWO THOUSAND TWENTY-FOUR IN THE
 CITIES WITH A POPULATION OF NOT LESS THAN SEVEN THOUSAND FIFTY  AND  NOT
 MORE  THAN  SEVEN  THOUSAND SIXTY, DETERMINED IN ACCORDANCE WITH THE TWO
 THOUSAND TWENTY CENSUS, MAY BE EXEMPT FROM CITY AND SCHOOL  TAXATION  AS
 PROVIDED  IN THIS SECTION. SUCH REAL PROPERTY SHALL BE DESIGNATED BY THE
 CITY IN WHICH IT IS LOCATED AS RESIDENTIAL VACANT LAND  ON  SUCH  CITY'S
 TAX ROLL PRIOR TO THE CONSTRUCTION OF IMPROVEMENTS.
   2.  (A)(I) SUCH REAL PROPERTY SHALL BE EXEMPT FOR A PERIOD OF EIGHTEEN
 MONTHS OR UNTIL A CERTIFICATE OF OCCUPANCY IS ISSUED, WHICHEVER IS SOON-
 ER, ON ALL CITY AND SCHOOL TAXATION.
   (II) (A) UPON THE TERMINATION OF  THE  EXEMPTION  PROVIDED  FOR  UNDER
 SUBPARAGRAPH  (I)  OF THIS PARAGRAPH, SUCH REAL PROPERTY SHALL BE EXEMPT
 FOR A PERIOD OF ONE YEAR TO THE EXTENT  OF  EIGHTY  PER  CENTUM  OF  THE
 ASSESSED  VALUE  THEREOF  AND  FOR  AN  ADDITIONAL PERIOD OF THREE YEARS
 PROVIDED, HOWEVER, THAT THE EXTENT OF SUCH EXEMPTION SHALL BE  DECREASED
 BY  TWENTY  PER  CENTUM EACH YEAR DURING SUCH ADDITIONAL PERIOD OF THREE
 YEARS  AND  SUCH  EXEMPTION  SHALL  BE  COMPUTED  WITH  RESPECT  TO  THE
 "EXEMPTION  BASE".  THE  EXEMPTION  BASE  SHALL BE THE ASSESSED VALUE AS
 DETERMINED BY THE ASSESSOR IN THE INITIAL YEAR OF SUCH FOUR-YEAR  PERIOD
 FOLLOWING  THE  TERMINATION OF THE EXEMPTION PROVIDED FOR UNDER SUBPARA-
 GRAPH (I) OF THIS PARAGRAPH.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09064-01-3

 S. 5779                             2
 
   (B) THE FOLLOWING TABLE SHALL ILLUSTRATE THE COMPUTATION OF  THE  CITY
 TAX EXEMPTION:
      YEAR OF EXEMPTION        PERCENTAGE OF EXEMPTION
         1                            80
         2                            60
         3                            40
         4                            20
   (C)  EXEMPTIONS  GRANTED  PURSUANT TO THIS SECTION SHALL APPLY TO REAL
 PROPERTY TAXES IMPOSED FOR BOTH CITY AND SCHOOL DISTRICT PURPOSES.
   (B) NO SUCH EXEMPTION SHALL BE GRANTED UNLESS: (I)  SUCH  CONSTRUCTION
 OF  IMPROVEMENTS WAS COMMENCED ON OR AFTER THE FIRST DAY OF JANUARY, TWO
 THOUSAND TWENTY-FOUR OR SUCH LATER DATE AS MAY  BE  SPECIFIED  BY  LOCAL
 LAW;
   (II)  THE  RESIDENTIAL REAL PROPERTY IS SITUATE IN A CITY WITH A POPU-
 LATION OF NOT LESS THAN SEVEN THOUSAND FIFTY AND  NOT  MORE  THAN  SEVEN
 THOUSAND  SIXTY,  DETERMINED  IN ACCORDANCE WITH THE TWO THOUSAND TWENTY
 CENSUS; AND
   (III) SUCH  CONSTRUCTION  IS  DOCUMENTED  BY  A  BUILDING  PERMIT,  IF
 REQUIRED,  FOR  THE  IMPROVEMENTS, OR OTHER APPROPRIATE DOCUMENTATION AS
 REQUIRED BY THE ASSESSOR.
   (C) FOR PURPOSES OF THIS SECTION, THE TERM "CONSTRUCTION  OF  IMPROVE-
 MENTS" SHALL MEAN THE CONSTRUCTION OF A RESIDENTIAL DWELLING.
   3.  SUCH EXEMPTION SHALL BE GRANTED ONLY UPON APPLICATION BY THE OWNER
 OF SUCH REAL PROPERTY ON A FORM PRESCRIBED  BY  THE  COMMISSIONER.  SUCH
 APPLICATION SHALL BE FILED WITH THE ASSESSOR OF A CITY WITH A POPULATION
 OF  NOT  LESS THAN SEVEN THOUSAND FIFTY AND NOT MORE THAN SEVEN THOUSAND
 SIXTY, DETERMINED IN ACCORDANCE WITH THE TWO THOUSAND TWENTY CENSUS,  ON
 OR  BEFORE  THE  APPROPRIATE TAXABLE STATUS DATE OF SUCH CITY AND WITHIN
 ONE YEAR FROM THE DATE OF COMPLETION OF SUCH  CONSTRUCTION  OF  IMPROVE-
 MENTS.
   4.  IF  THE ASSESSOR IS SATISFIED THAT THE APPLICANT IS ENTITLED TO AN
 EXEMPTION PURSUANT TO THIS SECTION, THEY SHALL APPROVE  THE  APPLICATION
 AND  SUCH  REAL  PROPERTY  SHALL  THEREAFTER BE EXEMPT FROM TAXATION AND
 SPECIAL AD VALOREM LEVIES BY A CITY WITH A POPULATION OF NOT  LESS  THAN
 SEVEN  THOUSAND FIFTY AND NOT MORE THAN SEVEN THOUSAND SIXTY, DETERMINED
 IN ACCORDANCE WITH THE TWO THOUSAND TWENTY CENSUS, AS PROVIDED  IN  THIS
 SECTION  COMMENCING  WITH THE ASSESSMENT ROLL PREPARED AFTER THE TAXABLE
 STATUS DATE REFERRED TO  IN  SUBDIVISION  THREE  OF  THIS  SECTION.  THE
 ASSESSED  VALUE  OF ANY EXEMPTION GRANTED PURSUANT TO THIS SECTION SHALL
 BE ENTERED BY THE ASSESSOR ON THE ASSESSMENT ROLL WITH THE TAXABLE PROP-
 ERTY, WITH THE AMOUNT OF THE EXEMPTION SHOWN IN A SEPARATE COLUMN.
   5. IN THE EVENT THAT REAL PROPERTY GRANTED AN  EXEMPTION  PURSUANT  TO
 THIS  SECTION  CEASES  TO  BE  USED PRIMARILY FOR ELIGIBLE PURPOSES, THE
 EXEMPTION GRANTED PURSUANT TO THIS SECTION SHALL CEASE.
   6. A CITY WITH A POPULATION OF NOT LESS THAN SEVEN THOUSAND FIFTY  AND
 NOT  MORE  THAN  SEVEN THOUSAND SIXTY, DETERMINED IN ACCORDANCE WITH THE
 TWO THOUSAND TWENTY CENSUS, MAY, BY LOCAL LAW, ESTABLISH A DATE FOR  THE
 COMMENCEMENT  OF EFFECTIVENESS OF THE EXEMPTION OFFERED PURSUANT TO THIS
 SECTION. A COPY OF ALL SUCH LOCAL LAWS SHALL BE FILED WITH  THE  COMMIS-
 SIONER AND THE ASSESSOR OF THE CITY.
   § 2. This act shall take effect immediately.

2023-S5779A - Details

See Assembly Version of this Bill:: A5898
Current Committee:: Senate Local Government
Law Section:: Real Property Tax Law
Laws Affected:: Add §485-x, RPT L

2023-S5779A - Summary

Establishes a vacant residential investment exemption in cities with a population of not less than seven thousand fifty and not more than seven thousand sixty, determined in accordance with the two thousand twenty census.

2023-S5779A - Sponsor Memo

                                 
BILL NUMBER: S5779A

SPONSOR: OBERACKER
 
TITLE OF BILL:

An act to amend the real property tax law, in relation to establishing a
residential investment exemption in certain cities

 
PURPOSE:

Establishes a residential investment exemption in certain cities

 
SUMMARY OF PROVISIONS:

Section 1. The real property tax law is amended by adding a new section
485-x to read as follows: S485-x. Residential property improvement
exemption; certain cities. 1. Construction of improvements to residen-
tial real property initiated on or after the first day of January, two
thousand twenty-four in the cities with a population of not less than
seven thousand fifty and not more than seven thousand sixty, determined
in accordance with the two thousand twenty census, may be exempt from
city and school taxation as provided in this section. Such real property

shall be designated by the city in which it is located as residential
vacant land on such city's tax roll prior to the construction of
improvements.

 
JUSTIFICATION:

Click here

The City of Norwich requested this legislation to encourage development
of the vacant residential parcels along with increase the City's tax
base that will eventually add to the City of Norwich's taxable assessed
values. To be eligible, all parcels must be classified as code 311 Resi-
dential Vacant Land on the City's tax roll. Qualifying improvements will
be Residential dwellings only.

The City is only offering the incentive to residential dwellings not
commercial to provide additional housing within the City. The incentive
will allow the property owner to build the dwelling tax free for 18
months or until the Certificate of Occupancy is issued.  After this
time, the property will be fully assessed but the property owner will
have 5 years on a sliding scale before they pay taxes on their full
assessment.

Currently there is no specific site plan for each lot, but they must be
residential dwellings and must meet all code and zoning requirements.
There are approximately 70 residential vacant lots on the City's tax
roll, and they are located throughout the City limits.  This legislation
would assist the City of Norwich to provide an incentive for these resi-
dential vacant lots to property owners along with improve the housing
stock within the City too.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S5779A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5779--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 15, 2023
                                ___________
 
 Introduced by Sen. OBERACKER -- read twice and ordered printed, and when
   printed  to  be  committed  to  the  Committee  on Local Government --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee
 
 AN ACT to amend the real property tax law, in relation to establishing a
   residential investment exemption in certain cities
 
   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 485-x to read as follows:
   §  485-X.  RESIDENTIAL PROPERTY IMPROVEMENT EXEMPTION; CERTAIN CITIES.
 1. CONSTRUCTION OF IMPROVEMENTS TO RESIDENTIAL REAL  PROPERTY  INITIATED
 ON  OR  AFTER  THE FIRST DAY OF JANUARY, TWO THOUSAND TWENTY-FOUR IN THE
 CITIES WITH A POPULATION OF NOT LESS THAN SEVEN THOUSAND FIFTY  AND  NOT
 MORE  THAN  SEVEN  THOUSAND SIXTY, DETERMINED IN ACCORDANCE WITH THE TWO
 THOUSAND TWENTY CENSUS, MAY BE EXEMPT FROM CITY TAXATION AS PROVIDED  IN
 THIS  SECTION.  SUCH  REAL  PROPERTY  SHALL BE DESIGNATED BY THE CITY IN
 WHICH IT IS LOCATED AS RESIDENTIAL VACANT LAND ON SUCH CITY'S  TAX  ROLL
 PRIOR TO THE CONSTRUCTION OF IMPROVEMENTS.
   2.  (A)(I) SUCH REAL PROPERTY SHALL BE EXEMPT FOR A PERIOD OF EIGHTEEN
 MONTHS OR UNTIL A CERTIFICATE OF OCCUPANCY IS ISSUED, WHICHEVER IS SOON-
 ER, ON ALL CITY TAXATION.
   (II) (A) UPON THE TERMINATION OF  THE  EXEMPTION  PROVIDED  FOR  UNDER
 SUBPARAGRAPH  (I)  OF THIS PARAGRAPH, SUCH REAL PROPERTY SHALL BE EXEMPT
 FOR A PERIOD OF ONE YEAR TO THE EXTENT  OF  EIGHTY  PER  CENTUM  OF  THE
 ASSESSED  VALUE  THEREOF  AND  FOR  AN  ADDITIONAL PERIOD OF THREE YEARS
 PROVIDED, HOWEVER, THAT THE EXTENT OF SUCH EXEMPTION SHALL BE  DECREASED
 BY  TWENTY  PER  CENTUM EACH YEAR DURING SUCH ADDITIONAL PERIOD OF THREE
 YEARS  AND  SUCH  EXEMPTION  SHALL  BE  COMPUTED  WITH  RESPECT  TO  THE
 "EXEMPTION  BASE".  THE  EXEMPTION  BASE  SHALL BE THE ASSESSED VALUE AS
 DETERMINED BY THE ASSESSOR IN THE INITIAL YEAR OF SUCH FOUR-YEAR  PERIOD
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09064-03-3

 S. 5779--A                          2
 
 FOLLOWING  THE  TERMINATION OF THE EXEMPTION PROVIDED FOR UNDER SUBPARA-
 GRAPH (I) OF THIS PARAGRAPH.
   (B)  THE  FOLLOWING TABLE SHALL ILLUSTRATE THE COMPUTATION OF THE CITY
 TAX EXEMPTION:
      YEAR OF EXEMPTION        PERCENTAGE OF EXEMPTION
         1                            80
         2                            60
         3                            40
         4                            20
   (C) EXEMPTIONS GRANTED PURSUANT TO THIS SECTION SHALL  APPLY  TO  REAL
 PROPERTY TAXES IMPOSED FOR CITY PURPOSES.
   (B)  NO  SUCH EXEMPTION SHALL BE GRANTED UNLESS: (I) SUCH CONSTRUCTION
 OF IMPROVEMENTS WAS COMMENCED ON OR AFTER THE FIRST DAY OF JANUARY,  TWO
 THOUSAND  TWENTY-FOUR  OR  SUCH  LATER DATE AS MAY BE SPECIFIED BY LOCAL
 LAW;
   (II) THE RESIDENTIAL REAL PROPERTY IS SITUATE IN A CITY WITH  A  POPU-
 LATION  OF  NOT  LESS  THAN SEVEN THOUSAND FIFTY AND NOT MORE THAN SEVEN
 THOUSAND SIXTY, DETERMINED IN ACCORDANCE WITH THE  TWO  THOUSAND  TWENTY
 CENSUS; AND
   (III)  SUCH  CONSTRUCTION  IS  DOCUMENTED  BY  A  BUILDING  PERMIT, IF
 REQUIRED, FOR THE IMPROVEMENTS, OR OTHER  APPROPRIATE  DOCUMENTATION  AS
 REQUIRED BY THE ASSESSOR.
   (C)  FOR  PURPOSES OF THIS SECTION, THE TERM "CONSTRUCTION OF IMPROVE-
 MENTS" SHALL MEAN THE CONSTRUCTION OF A RESIDENTIAL DWELLING.
   3. SUCH EXEMPTION SHALL BE GRANTED ONLY UPON APPLICATION BY THE  OWNER
 OF  SUCH  REAL  PROPERTY  ON A FORM PRESCRIBED BY THE COMMISSIONER. SUCH
 APPLICATION SHALL BE FILED WITH THE ASSESSOR OF A CITY WITH A POPULATION
 OF NOT LESS THAN SEVEN THOUSAND FIFTY AND NOT MORE THAN  SEVEN  THOUSAND
 SIXTY,  DETERMINED IN ACCORDANCE WITH THE TWO THOUSAND TWENTY CENSUS, ON
 OR BEFORE THE APPROPRIATE TAXABLE STATUS DATE OF SUCH  CITY  AND  WITHIN
 ONE  YEAR  FROM  THE DATE OF COMPLETION OF SUCH CONSTRUCTION OF IMPROVE-
 MENTS.
   4. IF THE ASSESSOR IS SATISFIED THAT THE APPLICANT IS ENTITLED  TO  AN
 EXEMPTION  PURSUANT  TO THIS SECTION, THEY SHALL APPROVE THE APPLICATION
 AND SUCH REAL PROPERTY SHALL THEREAFTER  BE  EXEMPT  FROM  TAXATION  AND
 SPECIAL  AD  VALOREM LEVIES BY A CITY WITH A POPULATION OF NOT LESS THAN
 SEVEN THOUSAND FIFTY AND NOT MORE THAN SEVEN THOUSAND SIXTY,  DETERMINED
 IN  ACCORDANCE  WITH THE TWO THOUSAND TWENTY CENSUS, AS PROVIDED IN THIS
 SECTION COMMENCING WITH THE ASSESSMENT ROLL PREPARED AFTER  THE  TAXABLE
 STATUS  DATE  REFERRED  TO  IN  SUBDIVISION  THREE  OF THIS SECTION. THE
 ASSESSED VALUE OF ANY EXEMPTION GRANTED PURSUANT TO THIS  SECTION  SHALL
 BE ENTERED BY THE ASSESSOR ON THE ASSESSMENT ROLL WITH THE TAXABLE PROP-
 ERTY, WITH THE AMOUNT OF THE EXEMPTION SHOWN IN A SEPARATE COLUMN.
   5.  IN  THE  EVENT THAT REAL PROPERTY GRANTED AN EXEMPTION PURSUANT TO
 THIS SECTION CEASES TO BE USED  PRIMARILY  FOR  ELIGIBLE  PURPOSES,  THE
 EXEMPTION GRANTED PURSUANT TO THIS SECTION SHALL CEASE.
   6.  A CITY WITH A POPULATION OF NOT LESS THAN SEVEN THOUSAND FIFTY AND
 NOT MORE THAN SEVEN THOUSAND SIXTY, DETERMINED IN  ACCORDANCE  WITH  THE
 TWO  THOUSAND TWENTY CENSUS, MAY, BY LOCAL LAW, ESTABLISH A DATE FOR THE
 COMMENCEMENT OF EFFECTIVENESS OF THE EXEMPTION OFFERED PURSUANT TO  THIS
 SECTION.  A  COPY OF ALL SUCH LOCAL LAWS SHALL BE FILED WITH THE COMMIS-
 SIONER AND THE ASSESSOR OF THE CITY.
   § 2. This act shall take effect immediately.

2023-S5779B - Details

See Assembly Version of this Bill:: A5898
Current Committee:: Senate Local Government
Law Section:: Real Property Tax Law
Laws Affected:: Add §485-x, RPT L

2023-S5779B - Summary

Establishes a vacant residential investment exemption in cities with a population of not less than seven thousand fifty and not more than seven thousand sixty, determined in accordance with the two thousand twenty census.

2023-S5779B - Sponsor Memo

                                 
BILL NUMBER: S5779B

SPONSOR: OBERACKER
 
TITLE OF BILL:

An act to amend the real property tax law, in relation to establishing a
residential investment exemption in certain cities

 
PURPOSE:

Establishes a residential investment exemption in certain cities

 
SUMMARY OF PROVISIONS:

Section 1. The real property tax law is amended by adding a new section
485-x to read as follows: S485-x. Vacant residential real property
improvement exemption; certain cities. 1. Construction of improvements
to residential real property, provided that such real property was
vacant prior to such construction, initiated on or after January first,
two thousand twenty-four in a city with a population of not less than
seven thousand fifty and not more than seven thousand sixty, determined
in accordance with the two thousand twenty census, may be exempt from

city taxation as provided in this section.

Section 2. (a) (i) During the construction period, such real property
shall be fully exempt from city taxation, up to a period of eighteen
months or until a certificate of occupancy is issued, whichever is soon-
er, on all city taxation.

 
JUSTIFICATION:

The City of Norwich requested this legislation to encourage development
of the vacant residential parcels along with increase the City's tax
base that will eventually add to the City of Norwich's taxable assessed
values. To be eligible, all parcels must be classified as code 311 Resi-
dential Vacant Land on the City's tax roll. Qualifying improvements will
be Residential dwellings only. The City is only offering the incentive
to residential dwellings not commercial to provide additional housing
within the City. The incentive will allow the property owner to build
the dwelling tax free for 18 months or until the Certificate of Occupan-
cy is issued.  After this time, the property will be fully assessed but
the property owner will have 5 years on a sliding scale before they pay
taxes on their full assessment. Currently there is no specific site plan
for each lot, but they must be residential dwellings and must meet all
code and zoning requirements. There are approximately 70 residential
vacant lots on the City's tax roll, and they are located throughout the
City limits. This legislation would assist the City of Norwich to
provide an incentive for these residential vacant lots to property
owners along with improve the housing stock within the City too.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL AND LOCAL IMPLICATIONS:

To be determined.

 
LOCAL FISCAL IMPLICATIONS:
To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S5779B - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5779--B
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 15, 2023
                                ___________
 
 Introduced by Sen. OBERACKER -- read twice and ordered printed, and when
   printed  to  be  committed  to  the  Committee  on Local Government --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted  to  said committee -- committee discharged, bill amended,
   ordered reprinted as amended and recommitted to said committee

 AN ACT to amend the real property tax law, in relation to establishing a
   residential investment exemption in certain cities
 
   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 485-x to read as follows:
   § 485-X.  VACANT  RESIDENTIAL  REAL  PROPERTY  IMPROVEMENT  EXEMPTION;
 CERTAIN  CITIES.  1.  CONSTRUCTION  OF  IMPROVEMENTS TO RESIDENTIAL REAL
 PROPERTY, PROVIDED THAT SUCH REAL PROPERTY  WAS  VACANT  PRIOR  TO  SUCH
 CONSTRUCTION,  INITIATED ON OR AFTER JANUARY FIRST, TWO THOUSAND TWENTY-
 FOUR IN A CITY WITH A POPULATION OF NOT LESS THAN SEVEN  THOUSAND  FIFTY
 AND  NOT  MORE  THAN SEVEN THOUSAND SIXTY, DETERMINED IN ACCORDANCE WITH
 THE TWO THOUSAND TWENTY CENSUS, MAY BE  EXEMPT  FROM  CITY  TAXATION  AS
 PROVIDED IN THIS SECTION.
   2. (A)(I)  DURING THE CONSTRUCTION PERIOD, SUCH REAL PROPERTY SHALL BE
 FULLY  EXEMPT  FROM  CITY TAXATION, UP TO A PERIOD OF EIGHTEEN MONTHS OR
 UNTIL A CERTIFICATE OF OCCUPANCY IS ISSUED, WHICHEVER IS SOONER, ON  ALL
 CITY TAXATION.  FOR THE PURPOSES OF THIS SECTION, THE TERM "CONSTRUCTION
 PERIOD"  SHALL  MEAN  THE PERIOD OF TIME BEGINNING ON THE DATE WHICH THE
 ACTUAL CONSTRUCTION OF IMPROVEMENTS TO VACANT RESIDENTIAL REAL PROPERTY,
 PURSUANT TO SUBDIVISION ONE OF THIS SECTION,  LAWFULLY  BEGINS  IN  GOOD
 FAITH AND ENDING ON THE DATE A CERTIFICATE OF OCCUPANCY HAS BEEN ISSUED.
   (II)  (A)  UPON  THE  TERMINATION  OF THE EXEMPTION PROVIDED FOR UNDER
 SUBPARAGRAPH (I) OF THIS PARAGRAPH, SUCH REAL PROPERTY SHALL  BE  EXEMPT
 FOR  A  PERIOD  OF  ONE  YEAR  TO THE EXTENT OF EIGHTY PER CENTUM OF THE
 ASSESSED VALUE THEREOF AND FOR AN  ADDITIONAL  PERIOD  OF  THREE  YEARS,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09064-05-3

 S. 5779--B                          2
 
 PROVIDED,  HOWEVER,  THAT THE EXTENT OF SUCH EXEMPTION SHALL DECREASE BY
 TWENTY PER CENTUM EACH YEAR DURING SUCH ADDITIONAL PERIOD OF THREE YEARS
 AND SUCH EXEMPTION SHALL BE COMPUTED  WITH  RESPECT  TO  THE  "EXEMPTION
 BASE". FOR THE PURPOSES OF THIS SECTION, THE TERM "EXEMPTION BASE" SHALL
 MEAN  THE  ASSESSED  VALUE  AS DETERMINED BY THE ASSESSOR IN THE INITIAL
 YEAR OF SUCH FOUR-YEAR PERIOD FOLLOWING THE TERMINATION OF THE EXEMPTION
 PROVIDED FOR UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH.
   (B) THE FOLLOWING TABLE SHALL ILLUSTRATE THE COMPUTATION OF  THE  CITY
 TAX EXEMPTION:
      YEAR OF EXEMPTION        PERCENTAGE OF EXEMPTION
         1                            80
         2                            60
         3                            40
         4                            20
   (C)  EXEMPTIONS  GRANTED  PURSUANT TO THIS SECTION SHALL APPLY TO REAL
 PROPERTY TAXES IMPOSED FOR CITY PURPOSES.
   (B) NO SUCH EXEMPTION SHALL BE GRANTED UNLESS: (I)  SUCH  CONSTRUCTION
 OF  IMPROVEMENTS WAS COMMENCED ON OR AFTER THE FIRST DAY OF JANUARY, TWO
 THOUSAND TWENTY-FOUR OR SUCH LATER DATE AS MAY  BE  SPECIFIED  BY  LOCAL
 LAW;
   (II)  THE  RESIDENTIAL REAL PROPERTY IS SITUATE IN A CITY WITH A POPU-
 LATION OF NOT LESS THAN SEVEN THOUSAND FIFTY AND  NOT  MORE  THAN  SEVEN
 THOUSAND  SIXTY,  DETERMINED  IN ACCORDANCE WITH THE TWO THOUSAND TWENTY
 CENSUS; AND
   (III) SUCH  CONSTRUCTION  IS  DOCUMENTED  BY  A  BUILDING  PERMIT,  IF
 REQUIRED,  FOR  THE  IMPROVEMENTS, OR OTHER APPROPRIATE DOCUMENTATION AS
 REQUIRED BY THE ASSESSOR.
   3. SUCH EXEMPTION SHALL BE GRANTED ONLY UPON APPLICATION BY THE  OWNER
 OF  SUCH  REAL  PROPERTY  ON A FORM PRESCRIBED BY THE COMMISSIONER. SUCH
 APPLICATION SHALL BE FILED WITH THE ASSESSOR OF A CITY WITH A POPULATION
 OF NOT LESS THAN SEVEN THOUSAND FIFTY AND NOT MORE THAN  SEVEN  THOUSAND
 SIXTY,  DETERMINED IN ACCORDANCE WITH THE TWO THOUSAND TWENTY CENSUS, ON
 OR BEFORE THE APPROPRIATE TAXABLE STATUS DATE OF SUCH  CITY  AND  WITHIN
 ONE  YEAR  FROM  THE DATE OF COMPLETION OF SUCH CONSTRUCTION OF IMPROVE-
 MENTS.
   4. IF THE ASSESSOR IS SATISFIED THAT THE APPLICANT IS ENTITLED  TO  AN
 EXEMPTION  PURSUANT  TO THIS SECTION, THEY SHALL APPROVE THE APPLICATION
 AND SUCH REAL PROPERTY SHALL THEREAFTER  BE  EXEMPT  FROM  TAXATION  AND
 SPECIAL  AD  VALOREM LEVIES BY A CITY WITH A POPULATION OF NOT LESS THAN
 SEVEN THOUSAND FIFTY AND NOT MORE THAN SEVEN THOUSAND SIXTY,  DETERMINED
 IN  ACCORDANCE  WITH THE TWO THOUSAND TWENTY CENSUS, AS PROVIDED IN THIS
 SECTION COMMENCING WITH THE ASSESSMENT ROLL PREPARED AFTER  THE  TAXABLE
 STATUS  DATE  REFERRED  TO  IN  SUBDIVISION  THREE  OF THIS SECTION. THE
 ASSESSED VALUE OF ANY EXEMPTION GRANTED PURSUANT TO THIS  SECTION  SHALL
 BE ENTERED BY THE ASSESSOR ON THE ASSESSMENT ROLL WITH THE TAXABLE PROP-
 ERTY, WITH THE AMOUNT OF THE EXEMPTION SHOWN IN A SEPARATE COLUMN.
   5.  IN  THE  EVENT THAT REAL PROPERTY GRANTED AN EXEMPTION PURSUANT TO
 THIS SECTION CEASES TO BE USED  PRIMARILY  FOR  ELIGIBLE  PURPOSES,  THE
 EXEMPTION GRANTED PURSUANT TO THIS SECTION SHALL CEASE.
   6.  A CITY WITH A POPULATION OF NOT LESS THAN SEVEN THOUSAND FIFTY AND
 NOT MORE THAN SEVEN THOUSAND SIXTY, DETERMINED IN  ACCORDANCE  WITH  THE
 TWO  THOUSAND TWENTY CENSUS, MAY, BY LOCAL LAW, ESTABLISH A DATE FOR THE
 COMMENCEMENT OF EFFECTIVENESS OF THE EXEMPTION OFFERED PURSUANT TO  THIS
 SECTION.  A  COPY OF ALL SUCH LOCAL LAWS SHALL BE FILED WITH THE COMMIS-
 SIONER AND THE ASSESSOR OF THE CITY.
   § 2. This act shall take effect immediately.

2023-S5779C (ACTIVE) - Details

See Assembly Version of this Bill:: A5898
Current Committee:: Senate Local Government
Law Section:: Real Property Tax Law
Laws Affected:: Add §485-x, RPT L

2023-S5779C (ACTIVE) - Summary

Establishes a vacant residential investment exemption in cities with a population of not less than seven thousand fifty and not more than seven thousand sixty, determined in accordance with the two thousand twenty census.

2023-S5779C (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5779C

SPONSOR: OBERACKER
 
TITLE OF BILL:

An act to amend the real property tax law, in relation to establishing a
residential investment exemption in certain cities

 
PURPOSE:

Establishes a residential investment exemption in certain cities

 
SUMMARY OF PROVISIONS:

  Section  1.  The  real  property  tax  law  is amended by adding a new
section 485-x to read as follows: S485-x. Vacant residential real  prop-
erty  improvement exemption; certain cities. 1. Construction of improve-
ments to residential real property, provided that such real property was
vacant prior to such construction, initiated on or after January  first,
two  thousand  twenty-five  in a city with a population of not less than
seven thousand fifty and not more than seven thousand sixty,  determined
in  accordance  with  the two thousand twenty census, may be exempt from

city taxation as provided in this section.

  Section 2. (a) (i) During the construction period, such real  property
shall  be  fully  exempt  from city taxation, up to a period of eighteen
months or until a certificate of occupancy is issued, whichever is soon-
er, on all city taxation.

 
JUSTIFICATION:

The City of Norwich requested this legislation to encourage  development
of  the  vacant  residential  parcels along with increase the City's tax
base that will eventually add to the City of Norwich's taxable  assessed
values. To be eligible, all parcels must be classified as code 311 Resi-
dential Vacant Land on the City's tax roll. Qualifying improvements will
be Residential dwellings only.

The  City  is  only  offering the incentive to residential dwellings not
commercial to provide additional housing within the City. The  incentive
will  allow  the  property  owner  to build the dwelling tax free for 18
months or until the Certificate of Occupancy is issued. After this time,
the property will be fully assessed but the property owner will  have  5
years on a sliding scale before they pay taxes on their full assessment.

Currently  there is no specific site plan for each lot, but they must be
residential dwellings and must meet all code  and  zoning  requirements.
There  are  approximately  70  residential vacant lots on the City's tax
roll, and they are located throughout the City limits.  This legislation
would assist the City of Norwich to provide an incentive for these resi-
dential vacant lots to property owners along with  improve  the  housing
stock within the City too.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL AND LOCAL IMPLICATIONS:

To be determined.

 
LOCAL FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S5779C (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5779--C
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 15, 2023
                                ___________
 
 Introduced by Sen. OBERACKER -- read twice and ordered printed, and when
   printed  to  be  committed  to  the  Committee  on Local Government --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted  to  said committee -- committee discharged, bill amended,
   ordered reprinted as amended and  recommitted  to  said  committee  --
   recommitted  to  the  Committee on Local Government in accordance with
   Senate Rule 6, sec. 8 -- committee discharged, bill  amended,  ordered
   reprinted as amended and recommitted to said committee
 
 AN ACT to amend the real property tax law, in relation to establishing a
   residential investment exemption in certain cities
 
   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 485-x to read as follows:
   §  485-X.  VACANT  RESIDENTIAL  REAL  PROPERTY  IMPROVEMENT EXEMPTION;
 CERTAIN CITIES. 1. CONSTRUCTION  OF  IMPROVEMENTS  TO  RESIDENTIAL  REAL
 PROPERTY,  PROVIDED  THAT  SUCH  REAL  PROPERTY WAS VACANT PRIOR TO SUCH
 CONSTRUCTION, INITIATED ON OR AFTER JANUARY FIRST, TWO THOUSAND  TWENTY-
 FIVE  IN  A CITY WITH A POPULATION OF NOT LESS THAN SEVEN THOUSAND FIFTY
 AND NOT MORE THAN SEVEN THOUSAND SIXTY, DETERMINED  IN  ACCORDANCE  WITH
 THE  TWO  THOUSAND  TWENTY  CENSUS,  MAY BE EXEMPT FROM CITY TAXATION AS
 PROVIDED IN THIS SECTION.
   2. (A)(I)  DURING THE CONSTRUCTION PERIOD, SUCH REAL PROPERTY SHALL BE
 FULLY EXEMPT FROM CITY TAXATION, UP TO A PERIOD OF  EIGHTEEN  MONTHS  OR
 UNTIL  A CERTIFICATE OF OCCUPANCY IS ISSUED, WHICHEVER IS SOONER, ON ALL
 CITY TAXATION.  FOR THE PURPOSES OF THIS SECTION, THE TERM "CONSTRUCTION
 PERIOD" SHALL MEAN THE PERIOD OF TIME BEGINNING ON THE  DATE  WHICH  THE
 ACTUAL CONSTRUCTION OF IMPROVEMENTS TO VACANT RESIDENTIAL REAL PROPERTY,
 PURSUANT  TO  SUBDIVISION  ONE  OF THIS SECTION, LAWFULLY BEGINS IN GOOD
 FAITH AND ENDING ON THE DATE A CERTIFICATE OF OCCUPANCY HAS BEEN ISSUED.
   (II) (A) UPON THE TERMINATION OF  THE  EXEMPTION  PROVIDED  FOR  UNDER
 SUBPARAGRAPH  (I)  OF THIS PARAGRAPH, SUCH REAL PROPERTY SHALL BE EXEMPT
 FOR A PERIOD OF ONE YEAR TO THE EXTENT  OF  EIGHTY  PER  CENTUM  OF  THE
 ASSESSED  VALUE  THEREOF  AND  FOR  AN ADDITIONAL PERIOD OF THREE YEARS,

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09064-07-4
 S. 5779--C                          2

 PROVIDED, HOWEVER, THAT THE EXTENT OF SUCH EXEMPTION SHALL  DECREASE  BY
 TWENTY PER CENTUM EACH YEAR DURING SUCH ADDITIONAL PERIOD OF THREE YEARS
 AND  SUCH  EXEMPTION  SHALL  BE  COMPUTED WITH RESPECT TO THE "EXEMPTION
 BASE". FOR THE PURPOSES OF THIS SECTION, THE TERM "EXEMPTION BASE" SHALL
 MEAN  THE  ASSESSED  VALUE  AS DETERMINED BY THE ASSESSOR IN THE INITIAL
 YEAR OF SUCH FOUR-YEAR PERIOD FOLLOWING THE TERMINATION OF THE EXEMPTION
 PROVIDED FOR UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH.
   (B) THE FOLLOWING TABLE SHALL ILLUSTRATE THE COMPUTATION OF  THE  CITY
 TAX EXEMPTION:
      YEAR OF EXEMPTION        PERCENTAGE OF EXEMPTION
         1                            80
         2                            60
         3                            40
         4                            20
   (C)  EXEMPTIONS  GRANTED  PURSUANT TO THIS SECTION SHALL APPLY TO REAL
 PROPERTY TAXES IMPOSED FOR CITY PURPOSES.
   (B) NO SUCH EXEMPTION SHALL BE GRANTED UNLESS: (I)  SUCH  CONSTRUCTION
 OF  IMPROVEMENTS WAS COMMENCED ON OR AFTER THE FIRST DAY OF JANUARY, TWO
 THOUSAND TWENTY-FIVE OR SUCH LATER DATE AS MAY  BE  SPECIFIED  BY  LOCAL
 LAW;
   (II)  THE  RESIDENTIAL REAL PROPERTY IS SITUATE IN A CITY WITH A POPU-
 LATION OF NOT LESS THAN SEVEN THOUSAND FIFTY AND  NOT  MORE  THAN  SEVEN
 THOUSAND  SIXTY,  DETERMINED  IN ACCORDANCE WITH THE TWO THOUSAND TWENTY
 CENSUS; AND
   (III) SUCH  CONSTRUCTION  IS  DOCUMENTED  BY  A  BUILDING  PERMIT,  IF
 REQUIRED,  FOR  THE  IMPROVEMENTS, OR OTHER APPROPRIATE DOCUMENTATION AS
 REQUIRED BY THE ASSESSOR.
   3. SUCH EXEMPTION SHALL BE GRANTED ONLY UPON APPLICATION BY THE  OWNER
 OF  SUCH  REAL  PROPERTY  ON A FORM PRESCRIBED BY THE COMMISSIONER. SUCH
 APPLICATION SHALL BE FILED WITH THE ASSESSOR OF A CITY WITH A POPULATION
 OF NOT LESS THAN SEVEN THOUSAND FIFTY AND NOT MORE THAN  SEVEN  THOUSAND
 SIXTY,  DETERMINED IN ACCORDANCE WITH THE TWO THOUSAND TWENTY CENSUS, ON
 OR BEFORE THE APPROPRIATE TAXABLE STATUS DATE OF SUCH  CITY  AND  WITHIN
 ONE  YEAR  FROM  THE DATE OF COMPLETION OF SUCH CONSTRUCTION OF IMPROVE-
 MENTS.
   4. IF THE ASSESSOR IS SATISFIED THAT THE APPLICANT IS ENTITLED  TO  AN
 EXEMPTION  PURSUANT  TO THIS SECTION, THEY SHALL APPROVE THE APPLICATION
 AND SUCH REAL PROPERTY SHALL THEREAFTER  BE  EXEMPT  FROM  TAXATION  AND
 SPECIAL  AD  VALOREM LEVIES BY A CITY WITH A POPULATION OF NOT LESS THAN
 SEVEN THOUSAND FIFTY AND NOT MORE THAN SEVEN THOUSAND SIXTY,  DETERMINED
 IN  ACCORDANCE  WITH THE TWO THOUSAND TWENTY CENSUS, AS PROVIDED IN THIS
 SECTION COMMENCING WITH THE ASSESSMENT ROLL PREPARED AFTER  THE  TAXABLE
 STATUS  DATE  REFERRED  TO  IN  SUBDIVISION  THREE  OF THIS SECTION. THE
 ASSESSED VALUE OF ANY EXEMPTION GRANTED PURSUANT TO THIS  SECTION  SHALL
 BE ENTERED BY THE ASSESSOR ON THE ASSESSMENT ROLL WITH THE TAXABLE PROP-
 ERTY, WITH THE AMOUNT OF THE EXEMPTION SHOWN IN A SEPARATE COLUMN.
   5.  IN  THE  EVENT THAT REAL PROPERTY GRANTED AN EXEMPTION PURSUANT TO
 THIS SECTION CEASES TO BE USED  PRIMARILY  FOR  ELIGIBLE  PURPOSES,  THE
 EXEMPTION GRANTED PURSUANT TO THIS SECTION SHALL CEASE.
   6.  A CITY WITH A POPULATION OF NOT LESS THAN SEVEN THOUSAND FIFTY AND
 NOT MORE THAN SEVEN THOUSAND SIXTY, DETERMINED IN  ACCORDANCE  WITH  THE
 TWO  THOUSAND TWENTY CENSUS, MAY, BY LOCAL LAW, ESTABLISH A DATE FOR THE
 COMMENCEMENT OF EFFECTIVENESS OF THE EXEMPTION OFFERED PURSUANT TO  THIS
 SECTION.  A  COPY OF ALL SUCH LOCAL LAWS SHALL BE FILED WITH THE COMMIS-
 SIONER AND THE ASSESSOR OF THE CITY.
   § 2. This act shall take effect immediately.

Senate Bill S5779C

Sponsored By

Current Bill Status - In Senate Committee Local Government Committee

Bill Amendments

2023-S5779 - Details

2023-S5779 - Summary

2023-S5779 - Sponsor Memo

2023-S5779 - Bill Text download pdf

2023-S5779A - Details

2023-S5779A - Summary

2023-S5779A - Sponsor Memo

2023-S5779A - Bill Text download pdf

2023-S5779B - Details

2023-S5779B - Summary

2023-S5779B - Sponsor Memo

2023-S5779B - Bill Text download pdf

2023-S5779C (ACTIVE) - Details

2023-S5779C (ACTIVE) - Summary

2023-S5779C (ACTIVE) - Sponsor Memo

2023-S5779C (ACTIVE) - Bill Text download pdf

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Senate Bill S5779C

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Sponsored By

Peter Oberacker

Current Bill Status - In Senate Committee Local Government Committee

Bill Amendments

2023-S5779 - Details

2023-S5779 - Summary

2023-S5779 - Sponsor Memo

2023-S5779 - Bill Text download pdf

2023-S5779A - Details

2023-S5779A - Summary

2023-S5779A - Sponsor Memo

2023-S5779A - Bill Text download pdf

2023-S5779B - Details

2023-S5779B - Summary

2023-S5779B - Sponsor Memo

2023-S5779B - Bill Text download pdf

2023-S5779C (ACTIVE) - Details

2023-S5779C (ACTIVE) - Summary

2023-S5779C (ACTIVE) - Sponsor Memo

2023-S5779C (ACTIVE) - Bill Text download pdf

Comments