S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8806
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 9, 2025
                                ___________
 
 Introduced by M. of A. WEPRIN -- read once and referred to the Committee
   on Real Property Taxation
 
 AN  ACT  to  amend  the  real  property tax law, in relation to a rebate
   against real property taxes for certain owners of real property in the
   city of New York
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  1  of section 467-l of the real property tax
 law, as added by chapter 216 of the laws of 2022, is amended to read  as
 follows:
   1. Generally. Notwithstanding any provision of any general, special or
 local  law to the contrary, a 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 the annual tax  of  an
 eligible  property,  in  the  amount  provided  in this section, for the
 fiscal year beginning on the first of July,  two  thousand  [twenty-one]
 TWENTY-FOUR  and  ending on the thirtieth of June, two thousand [twenty-
 two] TWENTY-FIVE to the owner of such eligible  property,  provided  the
 qualified  gross  income of all the owners for whom such property serves
 as their primary residence  was  [two]  FIVE  hundred  [fifty]  thousand
 dollars  or  less  in tax year two thousand [twenty] TWENTY-THREE. Where
 the eligible property, other than an eligible property that is a  dwell-
 ing  unit in residential property held in the cooperative form of owner-
 ship, is in arrears in the payment of real property taxes,  assessments,
 and  any other charges that are made a lien subject to the provisions of
 chapter three of title eleven of the administrative code of the city  of
 New  York other than water rents, sewer rents and sewer surcharges, such
 rebate shall be applied to any such unpaid real property taxes,  assess-
 ments, and other charges on the account of such eligible property. Where
 the eligible property is a dwelling unit in residential property held in
 the  cooperative  form  of ownership and such residential property is in
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13078-01-5
              

 A. 8806                             2
 
 arrears in the payment of real  property  taxes,  assessments,  and  any
 other  charges that are made a lien subject to the provisions of chapter
 three of title eleven of the administrative code of the city of New York
 other  than  water  rents, sewer rents and sewer surcharges, such rebate
 shall be applied to any unpaid real  property  taxes,  assessments,  and
 other  charges  on the account of such residential property in an amount
 equal to the proportionate share of the arrears of  the  dwelling  unit.
 Notwithstanding  any provision of this article to the contrary, an owner
 whose property is receiving benefits pursuant to any  other  section  of
 this  article shall not be prohibited from receiving a rebate authorized
 pursuant to this section if such owner is otherwise eligible to  receive
 such rebate.
   § 2. Paragraphs a, d, f and k of subdivision 2 of section 467-l of the
 real  property tax law, as added by chapter 216 of the laws of 2022, are
 amended to read as follows:
   a. "Annual tax" means the amount of real property tax that is  imposed
 on  a  property  for the fiscal year beginning on the first of July, two
 thousand [twenty-one] TWENTY-FOUR, determined after  reduction  for  any
 amount  for  which such property is exempt, or which is abated, pursuant
 to applicable law, provided that, for a property that is a dwelling unit
 in residential property held  in  the  cooperative  form  of  ownership,
 "annual  tax"  means  the amount of real property tax that is imposed on
 such residential property divided by the number  of  units  within  such
 residential  property, including dwelling units and units used primarily
 for professional or commercial purposes, determined after reduction  for
 any amount for which such property that is a dwelling unit is exempt, or
 which is abated, pursuant to applicable law.
   d.  "Eligible  property"  means a property that, beginning on or after
 June fifteenth, two thousand [twenty-two]  TWENTY-FIVE,  serves  as  the
 primary  residence  of  the  owner  of such property, and served as such
 owner's primary residence during the ninety days prior to such date.
   f. "Owner" means one or more natural  persons  who,  beginning  on  or
 after June fifteenth, two thousand [twenty-two] TWENTY-FIVE, either:
   (i) owns a property in fee simple absolute or as a tenant in common, a
 joint tenant or a tenant by the entirety;
   (ii)  is  a  tenant-stockholder of a cooperative apartment corporation
 who resides in a portion of real  property  owned  by  such  cooperative
 apartment  corporation,  to  the  extent  represented  by their share or
 shares of stock in such corporation as determined by their  proportional
 relationship to the total outstanding stock of such corporation, includ-
 ing such stock owned by such corporation; or
   (iii) owns a present interest in a property under a life estate or who
 is a beneficial owner under a trust.
   k.  "Substantially  higher"  means  no  more  than  [two] FIVE hundred
 [seventy-five] TWENTY-FIVE thousand dollars.
   § 3. Subdivisions 3, 4 and 5 of section 467-l of the real property tax
 law, as added by chapter 216 of the laws of 2022, are amended to read as
 follows:
   3. Primary residence. Any local law adopted pursuant to  this  section
 shall  establish  a process by which an owner of a property shall demon-
 strate primary residence, provided that such local law shall not require
 such demonstration from an  owner  who  receives  a  real  property  tax
 exemption  pursuant to section four hundred twenty-five of this title or
 a school tax relief credit pursuant to subsection (eee) of  section  six
 hundred  six  of  the  tax  law  for  such  property for the fiscal year
 commencing on the first of July, two thousand [twenty-two] TWENTY-FIVE.
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   4. Amount of rebate. The amount of the rebate to be  provided  by  the
 commissioner  of  finance  shall  be  the  lesser of one hundred [fifty]
 SEVENTY-FIVE dollars or the annual tax imposed on the property.
   5.   Qualification  for  rebate  for  recipients  of  STAR  credit  or
 exemption.  The owner of an eligible property who receives a real  prop-
 erty  tax exemption pursuant to section four hundred twenty-five of this
 title or a school tax relief credit  pursuant  to  subsection  (eee)  of
 section six hundred six of the tax law for the fiscal year commencing on
 the  first  of July, two thousand [twenty-two] TWENTY-FIVE and satisfies
 the requirements described in subdivision one of this section shall  not
 be  required  to file, and shall not file, an application for the rebate
 authorized pursuant to this section. To the extent the  commissioner  of
 finance  determines  that  such  an  owner is not entitled to the rebate
 authorized pursuant to this section, the commissioner shall send to such
 owner a notice of denial of the rebate.
   § 4. Paragraphs a and c of subdivision 6 of section 467-l of the  real
 property  tax  law,  as  added  by  chapter 216 of the laws of 2022, are
 amended to read as follows:
   a. Generally. The owner of an eligible property who does not receive a
 real property tax exemption pursuant to section four hundred twenty-five
 of this title or a school tax relief credit pursuant to subsection (eee)
 of section six hundred six of the tax law for the fiscal year commencing
 on the first of July, two thousand [twenty-two] TWENTY-FIVE may file  an
 application for the rebate authorized pursuant to this section, provided
 that, such owner satisfies the requirements described in subdivision one
 of  this  section,  and provided, further, that for an eligible property
 that serves as the primary residence of more than one  owner,  all  such
 owners  shall jointly file an application for such rebate. Notwithstand-
 ing any provision of any general, special or local law to the  contrary,
 an application for a rebate authorized pursuant to this section shall be
 filed  by electronic means on or before the date or dates established in
 the local law adopted pursuant to this section. Upon  a  showing  by  an
 applicant  that filing an application by electronic means is not practi-
 cable for reasons including but not limited to lack  of  access  to,  or
 ability  to  use, the technology needed to file by electronic means, the
 commissioner of finance may grant a waiver of the  requirement  to  file
 such  application by electronic means. No rebate shall be granted pursu-
 ant to this section unless the owner files such application  within  the
 time period or time periods prescribed by the local law adopted pursuant
 to  this section. No more than one application shall be submitted for an
 eligible property.
   c. Review of submission. The burden  shall  be  on  the  applicant  to
 establish  that the property is the primary residence of such applicant,
 that the qualified gross income of all the owners for whom such property
 serves as their primary residence is [two] FIVE hundred [fifty] thousand
 dollars or less and that any other requirements relating to the granting
 of the rebate are satisfied.
   § 5. Subdivisions 7 and 9 of section 467-l of the  real  property  tax
 law, as added by chapter 216 of the laws of 2022, are amended to read as
 follows:
   7.  Denial and revocation of rebate. a. Generally. The commissioner of
 finance shall deny an application for a  rebate  or  revoke  any  rebate
 authorized pursuant to this section if it appears that: (i) the property
 does not serve as the primary residence of the owner who has applied for
 such  rebate or who received the real property tax exemption pursuant to
 section four hundred twenty-five of this title or a  school  tax  relief
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 credit  pursuant  to  subsection (eee) of section six hundred six of the
 tax law for such property for the fiscal year commencing on the first of
 July, two thousand [twenty-two] TWENTY-FIVE, (ii) prior to the  granting
 of the rebate authorized pursuant to this section, title to the property
 has  been  transferred  to a new owner other than to an immediate family
 member for whom the property serves as the primary residence until, at a
 minimum, the date on which such rebate is granted, or (iii) the property
 is otherwise no longer eligible for the rebate.
   b. Rights of owners. Upon determining that a rebate authorized  pursu-
 ant  to this section shall be revoked, the commissioner of finance shall
 send a notice so stating to the affected owner at the time  and  in  the
 manner to be provided in the local law adopted pursuant to this section.
 Granting  a rebate authorized pursuant to this section, denying a rebate
 pursuant to subdivision five of this section, denying an application for
 a rebate pursuant to paragraph b of subdivision six of this section,  or
 revoking  a  rebate  granted pursuant to this section shall constitute a
 final determination of the commissioner of finance, unless, within nine-
 ty days, the owner seeks administrative review by  the  commissioner  of
 finance  of such determination, provided that the burden shall be on the
 owner to establish eligibility for the rebate. The failure  to  grant  a
 rebate  authorized  pursuant  to  this  section  to  an owner who is not
 required to submit an application pursuant to subdivision five  of  this
 section  and  who  does  not receive a notice of denial pursuant to such
 subdivision shall constitute a final determination by  the  commissioner
 of finance unless such owner seeks administrative review by such commis-
 sioner  of such determination no later than the first of July, two thou-
 sand [twenty-three] TWENTY-SIX.
   9. Record of ownership of an eligible property. Any local law  adopted
 pursuant  to  this  section  shall require that ownership of an eligible
 property be recorded with the city register, the Richmond county  clerk,
 or  the  automated  city register information system by the thirtieth of
 June, two thousand [twenty-two] TWENTY-FIVE.
   § 6. Subparagraph 3 of paragraph a of subdivision 13 of section  467-l
 of  the  real  property  tax law, as added by chapter 216 of the laws of
 2022, is amended to read as follows:
   (3) the applicant claimed that the qualified gross income of  all  the
 owners  for  whom  such  property  serves as their primary residence was
 [two] FIVE hundred [fifty] thousand dollars or less, when the  qualified
 gross income of such owners was a substantially higher amount.
   §  7.  This  act  shall take effect immediately; provided, however, if
 this act shall have become a law after  June  1,  2025,  it  shall  take
 effect  immediately  and  shall be deemed to have been in full force and
 effect on and after June 1, 2025.