S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2261

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by M. of A. QUART, ESPINAL, MOYA -- read once and referred to
  the Committee on Real Property Taxation

AN  ACT to amend the real property tax law, in relation to providing for
  the elimination of the separate utility class (class 3)  in  New  York
  city

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The section heading and the opening paragraph  of  subdivi-
sion 1 of section 1802 of the real property tax law, the section heading
as  added  by chapter 1057 of the laws of 1981 and the opening paragraph
of subdivision 1 as separately amended by chapters 123 and  529  of  the
laws of 1990, are amended to read as follows:
  Classification  of  real  property  in  a  special  assessing unit NOT
LOCATED WHOLLY WITHIN A CITY.
  All real property, for the purposes of  this  article,  in  a  special
assessing  unit  NOT LOCATED WHOLLY WITHIN A CITY shall be classified as
follows:
  S 2. The real property tax law is amended  by  adding  a  new  section
1802-a to read as follows:
  S  1802-A. CLASSIFICATION OF REAL PROPERTY IN A SPECIAL ASSESSING UNIT
LOCATED WHOLLY WITHIN A CITY. 1. ALL REAL PROPERTY, FOR THE PURPOSES  OF
THIS  ARTICLE,  IN A SPECIAL ASSESSING UNIT LOCATED WHOLLY WITHIN A CITY
SHALL BE CLASSIFIED 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 PROP-
ERTY 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD02067-01-3

A. 2261                             2

ON  A  PREVIOUS  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; AND (C)  RESIDENTIAL  REAL  PROPERTY
CONSISTING  OF  ONE FAMILY HOUSE STRUCTURES OWNED BY THE OCCUPANT, SITU-
ATED ON LAND HELD IN COOPERATIVE OWNERSHIP BY OWNER OCCUPIERS,  PROVIDED
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  OTHER  THAN  SUCH  LAND  IN  THE
BOROUGH  OF  MANHATTAN  SOUTH  OF OR ADJACENT TO THE SOUTH SIDE OF 110TH
STREET, PROVIDED THAT ANY SUCH VACANT LAND WHICH IS NOT  ZONED  RESIDEN-
TIAL  MUST  BE SITUATED IMMEDIATELY ADJACENT TO PROPERTY IMPROVED WITH A
RESIDENTIAL STRUCTURE AS DEFINED IN SUBPARAGRAPHS (A) AND  (B)  OF  THIS
PARAGRAPH, BE OWNED BY THE SAME OWNER AS SUCH IMMEDIATELY ADJACENT RESI-
DENTIAL  PROPERTY IMMEDIATELY PRIOR TO AND SINCE JANUARY FIRST, NINETEEN
HUNDRED EIGHTY-NINE, AND HAVE A TOTAL AREA NOT  EXCEEDING  TEN  THOUSAND
SQUARE FEET.
  CLASS TWO: ALL OTHER RESIDENTIAL REAL PROPERTY WHICH IS NOT DESIGNATED
AS  CLASS  ONE,  EXCEPT  HOTELS  AND MOTELS AND OTHER SIMILAR COMMERCIAL
PROPERTY.
  CLASS THREE: ALL OTHER REAL PROPERTY WHICH IS NOT DESIGNATED AS  CLASS
ONE OR CLASS TWO.
  2. IN ADDITION TO ANY REQUIREMENTS OF LAW OR RULE OF THE COMMISSIONER,
THE ASSESSMENT ROLL SHALL CONTAIN A SEPARATE COLUMN FOR THE ENTRY OF THE
CLASS DESIGNATION REQUIRED BY THIS SECTION. THE ASSESSOR SHALL ENTER THE
APPROPRIATE  CLASS  DESIGNATION IN THIS COLUMN FOR EACH PARCEL LISTED ON
THE ASSESSMENT ROLL.
  3. THE DETERMINATION OF INCLUSION WITHIN  A  CLASS  PURSUANT  TO  THIS
SECTION  SHALL  BE  SUBJECT  TO  ADMINISTRATIVE  AND  JUDICIAL REVIEW AS
PROVIDED BY LAW FOR THE REVIEW OF ASSESSMENTS.
  S 3. Subdivision 3 of section 1805 of the real property  tax  law,  as
amended  by  chapter  143 of the laws of 1989, and as further amended by
subdivision (b) of section 1 of part W of chapter  56  of  the  laws  of
2010, is amended to read as follows:
  3.  If  the assessment appearing on an assessment roll completed on or
after January first, nineteen hundred  eighty-two  for  any  parcel  not
subject  to  the  provisions  of subdivision one or two of this section,
other than a parcel classified in class three  IN  A  SPECIAL  ASSESSING
UNIT  NOT LOCATED WHOLLY WITHIN THE CITY, is greater than the assessment
appearing on the previous year's  assessment  roll  the  assessor  shall
determine  a transition assessment for such parcel for the first assess-
ment roll on which such greater assessment appears and for each  of  the
succeeding  four  assessment  rolls  by computing the difference between
such greater assessment and the assessment appearing  on  such  previous
year's  assessment  roll  and  adding  the following percentages of such
difference to the assessment appearing on such previous  year's  assess-
ment  roll: in the first year, twenty percent; in the second year, forty
percent; in the third year, sixty percent; in the  fourth  year,  eighty
percent;  and  in the fifth year, one hundred percent. If the assessment
of a parcel is increased during a period for  which  transition  assess-

A. 2261                             3

ments  have  been established because of any prior assessment increases,
such new increase shall be phased-in over  a  five-year  period  as  set
forth  in  this subdivision, and such phased-in increases shall be added
to  the  transitional  assessments  previously established for the prior
increase; provided, however, that if in any  year  any  such  transition
assessment exceeds the actual assessment for such year, taxes imposed on
such  parcel  for such year shall be based on such lesser actual assess-
ment. Notwithstanding the foregoing, during the period of any such tran-
sition, the assessment roll shall contain an entry of the full amount of
such greater assessment which shall be used by the commissioner  in  its
determination  of  class ratios pursuant to paragraph (b) of subdivision
one of section twelve hundred two of this chapter. In establishing state
equalization rates, class equalization rates, special state equalization
rates and special state equalization ratios under article twelve,  arti-
cle  twelve-A  and  article  twelve-B  of this chapter, the commissioner
shall use the transition assessments as provided for in this subdivision
in its determinations, or where the actual  assessment  is  the  lesser,
such actual assessment shall be so used.
  S 4. This act shall take effect immediately and shall be applicable to
assessment  rolls  with  a  taxable status date following such effective
date.