A8173B-2011 Actions

• Jul 18, 2012: signed chap.122
• Jul 6, 2012: delivered to governor
• Jun 19, 2012: RETURNED TO ASSEMBLY
• Jun 19, 2012: PASSED SENATE
• Jun 19, 2012: 3RD READING CAL.168
• Jun 19, 2012: SUBSTITUTED FOR S5557B
• Jun 19, 2012: REFERRED TO RULES
• Jun 19, 2012: delivered to senate
• Jun 19, 2012: passed assembly
• Jun 18, 2012: ordered to third reading rules cal.348
• Jun 18, 2012: rules report cal.348
• Jun 18, 2012: reported
• Jun 18, 2012: reported referred to rules
• Jun 12, 2012: reported referred to ways and means
• Jun 7, 2012: print number 8173b
• Jun 7, 2012: amend (t) and recommit to real property taxation
• Mar 1, 2012: print number 8173a
• Mar 1, 2012: amend and recommit to real property taxation
• Jan 4, 2012: referred to real property taxation
• Jun 3, 2011: referred to real property taxation

A8173B-2011 Votes

A8173B-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 8173--B
 2011-2012 Regular Sessions
 I N  ASSEMBLY
 June 3, 2011
 
 Introduced by M. of A. SMARDZ -- read once and referred to the Committee
 on  Real  Property  Taxation  --  recommitted to the Committee on Real
 Property Taxation in accordance  with  Assembly  Rule  3,  sec.  2  -
 committee  discharged,  bill amended, ordered reprinted as amended and
 recommitted to said committee -- again reported  from  said  committee
 with  amendments, ordered reprinted as amended and recommitted to said
 committee
 

AN ACT to amend the real property tax law, in relation to a partial  tax
 exemption for reconstruction, alterations or improvements to qualified
 residential structures in certain municipalities
 

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 421-l to read as follows:

 

S 421-L. EXEMPTION OF CAPITAL IMPROVEMENTS TO RESIDENTIAL BUILDINGS IN
 CERTAIN TOWNS. 1. RESIDENTIAL BUILDINGS DESIGNED AND OCCUPIED EXCLUSIVE
 LY  FOR  RESIDENTIAL  PURPOSES  BY NOT MORE THAN THREE FAMILIES THAT ARE
 RECONSTRUCTED, ALTERED OR IMPROVED SUBSEQUENT TO THE EFFECTIVE DATE OF A
 LOCAL LAW OR RESOLUTION PURSUANT TO THIS SECTION SHALL  BE  EXEMPT  FROM
 TAXATION AND SPECIAL AD VALOREM LEVIES TO THE EXTENT PROVIDED HEREINAFT
 ER.   AFTER A PUBLIC HEARING, THE GOVERNING BOARD OF A TOWN WITH A POPU
 LATION OF NOT LESS THAN SIXTEEN THOUSAND THREE  HUNDRED  FIFTY  AND  NOT
 MORE  THAN  SIXTEEN  THOUSAND  THREE HUNDRED SIXTY, SITUATED IN A COUNTY
 WITH A POPULATION OF NOT LESS THAN NINE HUNDRED  NINETEEN  THOUSAND  AND
 NOT MORE THAN NINE HUNDRED NINETEEN THOUSAND ONE HUNDRED, BASED UPON THE
 TWO  THOUSAND  TEN  FEDERAL  CENSUS,  MAY ADOPT A LOCAL LAW TO GRANT THE
 EXEMPTION  AUTHORIZED  PURSUANT  TO  THIS  SECTION.  SUBSEQUENT  TO  THE
 ADOPTION  OF SUCH A LOCAL LAW, THE COUNTY IN WHICH SUCH TOWN IS LOCATED,
 ANY VILLAGE LOCATED WITHIN SUCH TOWN AND ANY SCHOOL DISTRICT ALL OR PART
 OF WHICH IS LOCATED WITHIN SUCH TOWN MAY LIKEWISE EXEMPT  SUCH  PROPERTY
 FROM  ITS TAXATION AND SPECIAL AD VALOREM LEVIES BY LOCAL LAW, OR IN THE
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD11781-05-2
 
       A. 8173--B                          2
 CASE OF A SCHOOL DISTRICT, BY RESOLUTION IN THE SAME MANNER AND  TO  THE
 SAME EXTENT AS THE TOWN.  A COPY OF SUCH LOCAL LAWS OR RESOLUTIONS SHALL
 BE FILED WITH THE COMMISSIONER AND APPROPRIATE ASSESSOR.
 2.  SUCH RESIDENTIAL REAL PROPERTY SHALL BE EXEMPT FOR A PERIOD OF ONE
 YEAR TO THE EXTENT OF FIFTY PER CENTUM OF THE INCREASE IN ASSESSED VALUE
 THEREOF ATTRIBUTABLE TO SUCH RECONSTRUCTION, ALTERATION  OR  IMPROVEMENT
 AND FOR AN ADDITIONAL PERIOD OF FOUR YEARS SUBJECT TO THE FOLLOWING:

 (I)  THE EXTENT OF SUCH EXEMPTION SHALL BE DECREASED BY TEN PER CENTUM
 OF THE "EXEMPTION BASE" EACH YEAR DURING SUCH ADDITIONAL FOUR-YEAR PERI
 OD, SUCH THAT DURING YEAR TWO THERE SHALL BE AN EXEMPTION OF  FORTY  PER
 CENTUM  OF  THE  INCREASE IN ASSESSED VALUE THEREOF ATTRIBUTABLE, DURING
 YEAR THREE THERE SHALL BE AN EXEMPTION  OF  THIRTY  PER  CENTUM  OF  THE
 INCREASE  IN  ASSESSED  VALUE  THEREOF  ATTRIBUTABLE, IN YEAR FOUR THERE
 SHALL BE AN EXEMPTION OF TWENTY PER CENTUM OF THE INCREASE  IN  ASSESSED
 VALUE  THEREOF ATTRIBUTABLE AND IN YEAR FIVE THERE SHALL BE AN EXEMPTION
 OF TEN PER CENTUM OF THE INCREASE IN ASSESSED  VALUE  THEREOF  ATTRIBUT
 ABLE;
 (II)  THE "EXEMPTION BASE" SHALL BE THE INCREASE IN ASSESSED VALUE DUE
 TO RECONSTRUCTION, ALTERATIONS OR  IMPROVEMENTS  AS  DETERMINED  BY  THE
 ASSESSOR  IN  THE  INITIAL  YEAR  OF SUCH FIVE-YEAR PERIOD FOLLOWING THE
 FILING OF AN ORIGINAL APPLICATION; AND
 (III) A QUALIFIED RECONSTRUCTION, ALTERATION OR IMPROVEMENT SHALL HAVE
 INCREASED THE ASSESSED VALUE OF THE REAL PROPERTY BY AT LEAST TEN  THOU
 SAND  DOLLARS,  WITH  A  MAXIMUM  PERMITTED  EXEMPTION NOT TO EXCEED ONE
 HUNDRED FIFTY THOUSAND DOLLARS.
 3. FOR PURPOSES OF THIS  SECTION,  "RECONSTRUCTION",  "ALTERATION"  OR
 "IMPROVEMENT" SHALL NOT INCLUDE ORDINARY MAINTENANCE AND REPAIRS.
 4.  ANY  OWNER  OF  A ONE TO THREE FAMILY RESIDENCE MAY QUALIFY FOR AN
 EXEMPTION PURSUANT TO THIS SECTION, INCLUDING OWNERS WHO DO  NOT  OCCUPY
 SUCH  RESIDENCES, INDIVIDUALS, PARTNERSHIPS AND LIMITED LIABILITY CORPO
 RATIONS. EXEMPTIONS GRANTED PURSUANT TO THIS SECTION ARE NOT  TRANSFERA
 BLE  FROM  OWNER  TO ANOTHER IF THE REAL PROPERTY IS SOLD OR TRANSFERRED
 DURING THE EXEMPTION PERIOD.
 5. NO SUCH EXEMPTION SHALL BE GRANTED UNLESS:

 (A) SUCH  RECONSTRUCTION,  ALTERATION  OR  IMPROVEMENT  WAS  COMMENCED
 SUBSEQUENT  TO THE EFFECTIVE DATE OF THE LOCAL LAW OR RESOLUTION ADOPTED
 BY A TOWN, COUNTY, VILLAGE OR SCHOOL DISTRICT  PURSUANT  TO  SUBDIVISION
 ONE OF THIS SECTION;
 (B)  THE OWNER OF REAL PROPERTY APPLYING FOR SUCH EXEMPTION HAS SATIS
 FIED ALL OUTSTANDING TOWN, COUNTY, VILLAGE AND SCHOOL  TAX  OBLIGATIONS;
 AND
 (C)  SUCH RECONSTRUCTION, ALTERATION OR IMPROVEMENT IS DOCUMENTED BY A
 BUILDING PERMIT, IF REQUIRED, FOR THE IMPROVEMENTS OR OTHER  APPROPRIATE
 DOCUMENTATION  AS REQUIRED BY THE ASSESSOR AND/OR CODE ENFORCEMENT OFFI
 CER.
 6. 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 ON OR BEFORE THE  APPROPRI
 ATE TAXABLE STATUS DATE AND WITHIN ONE YEAR AFTER THE DATE OF COMPLETION
 OF SUCH RECONSTRUCTION, ALTERATION OR IMPROVEMENT.
 7.  IF SATISFIED THAT THE APPLICANT IS ENTITLED TO AN EXEMPTION PURSU
 ANT TO THIS SECTION, THE ASSESSOR SHALL APPROVE THE APPLICATION AND SUCH
 BUILDING SHALL THEREAFTER BE EXEMPT FROM TAXATION AND SPECIAL AD VALOREM
 LEVIES AS PROVIDED IN THIS SECTION COMMENCING WITH THE  ASSESSMENT  ROLL
 PREPARED ON THE BASIS OF THE TAXABLE STATUS DATE REFERRED TO IN SUBDIVI
 SION SIX OF THIS SECTION. THE ASSESSOR SHALL ENTER THE ASSESSED VALUE OF
 
       A. 8173--B                          3
 ANY  EXEMPTION  GRANTED  PURSUANT TO THIS SECTION ON THE ASSESSMENT ROLL
 FOR THE TAXABLE PROPERTY, WITH THE AMOUNT OF THE EXEMPTION  SHOWN  IN  A
 SEPARATE COLUMN.
 8.  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.
 9. SUCH TOWN, COUNTY, VILLAGE OR SCHOOL DISTRICT SHALL BE PERMITTED BY
 LOCAL  LAW  TO REDUCE THE PERCENTAGE OF EXEMPTION OTHERWISE ALLOWABLE BY
 SUBDIVISION TWO  OF  THIS  SECTION  OR  INCREASE  THE  REQUIRED  MINIMUM
 ASSESSED  VALUES SET FORTH IN PARAGRAPH (III) OF SUBDIVISION TWO OF THIS
 SECTION, PROVIDED THAT A PROJECT IN THE COURSE OF RECONSTRUCTION, ALTER
 ATION OR IMPROVEMENT SHALL NOT BE SUBJECT TO SUCH AMENDMENTS.
 

S 2. This act shall take effect immediately.

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