S T A T E O F N E W Y O R K ________________________________________________________________________ 397 2011-2012 Regular Sessions I N S E N A T E (PREFILED) January 5, 2011 ___________ Introduced by Sens. KRUEGER, HUNTLEY -- 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 providing an owner of a dwelling unit access to tax abatement applications submit- ted on behalf of the condominium THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Subdivision 4 of section 467-a of the real property tax 2 law, as added by chapter 273 of the laws of 1996, is amended to read as 3 follows: 4 4. Except in accordance with proper judicial order or as otherwise 5 provided by law, neither the commissioner of finance, nor any officer or 6 employee of a department of finance of a city having a population of one 7 million or more, nor any person who, pursuant to this subdivision, is 8 authorized to inspect the application or statements in connection there- 9 with required by this section, shall disclose or make known the contents 10 of any such application or statements. Except as provided in this subdi- 11 vision, the officers charged with the custody of any such application or 12 statements shall not be required to produce them in any action or 13 proceeding in any court or before any administrative tribunal, but any 14 such application or statements may be produced on behalf of the depart- 15 ment of finance. NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED TO 16 PROHIBIT DELIVERY TO AN OWNER OF A DWELLING UNIT OF A PROPERTY SITUATED 17 IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE OF A COPY OF ANY 18 APPLICATION OR STATEMENTS PERTAINING TO SUCH DWELLING UNIT, UPON REQUEST 19 AND WITH PERSONALLY IDENTIFYING INFORMATION REDACTED. Nothing in this 20 subdivision shall be construed to prohibit the delivery of a certified 21 copy of any such application or statements to the United States of Amer- 22 ica or any department thereof, the state of New York or any department 23 thereof, or a city having a population of one million or more or any EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01014-01-1 S. 397 2 1 department thereof, provided any such application or statements are 2 required for official business; nor to prohibit the inspection for offi- 3 cial business of any such application or statements by the tax commis- 4 sion of a city having a population of one million or more, or by the 5 corporation counsel or other legal representative of a city having a 6 population of one million or more, or by any person engaged or retained 7 by the department of finance on an independent contract basis; nor to 8 prohibit the publication of statistics so classified as to prevent the 9 [indentification] IDENTIFICATION of any particular application or state- 10 ments. The foregoing provisions of this subdivision prohibiting disclo- 11 sure of the contents of applications or statements shall not apply to 12 physical data relating to the property described therein. 13 S 2. Subdivision 8 of section 467-a of the real property tax law, as 14 amended by chapter 97 of the laws of 2004, is amended to read as 15 follows: 16 8. [The] EXCEPT TO THE EXTENT THAT THE OWNER OF A DWELLING UNIT OF A 17 PROPERTY SITUATED IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE 18 MAY REQUEST A REDACTED COPY OF ANY APPLICATION OR STATEMENTS PERTAINING 19 TO SUCH DWELLING UNIT, AS PROVIDED IN SUBDIVISION FOUR OF THIS SECTION, 20 THE information contained in applications or statements in connection 21 therewith filed with the commissioner of finance pursuant to subdivision 22 three, three-a, three-b or three-c of this section shall not be subject 23 to disclosure under article six of the public officers law. 24 S 3. This act shall take effect on the thirtieth day after it shall 25 have become a law.