Authorizes New Creation in Christ Ministries, Inc. to file applications for a real property tax exemption with the city of Schenectady.
Ayes (5): Stewart-Cousins, Oppenheimer, Valesky, Thompson, Little
Ayes W/R (1): Johnson C
Nays (1): Bonacic
Excused (1): Morahan
Ayes (56): Adams, Addabbo, Alesi, Aubertine, Breslin, DeFrancisco, Diaz, Dilan, Duane, Espada, Farley, Flanagan, Foley, Fuschillo, Golden, Griffo, Hannon, Hassell-Thomps, Huntley, Johnson C, Johnson O, Klein, Krueger, Kruger, Lanza, LaValle, Leibell, Libous, Little, Marcellino, Maziarz, Montgomery, Nozzolio, Onorato, Oppenheimer, Padavan, Parker, Perkins, Ranzenhofer, Robach, Saland, Sampson, Savino, Schneiderman, Serrano, Seward, Skelos, Smith, Squadron, Stachowski, Stavisky, Stewart-Cousin, Valesky, Volker, Winner, Young
Nays (2): Bonacic, Larkin
Excused (3): McDonald, Morahan, Thompson
BILL NUMBER: S1260A
TITLE OF BILL : An act to authorize New Creation in Christ Ministries to file an application for real property tax exemption
PURPOSE : This bill permits the City of Schenectady to accept late applications for certain real property tax exemptions for the 2007 and 2008 assessment rolls, and, if found eligible, to grant the exemptions and refund any excess property taxes paid by the tax-exempt organization.
SUMMARY OF PROVISIONS : This bill permits the Schenectady City Assessor to accept and evaluate applications for tax exemptions for the 2007 and 2008 assessment rolls even though the deadline for these applications has passed, and, if the Assessor finds that the entities and properties are indeed tax exempt, permits the City to grant the exemptions and refund any excess property taxes already paid.
EXISTING LAW : Under current law, there is no authority for the Assessor to accept and evaluate late applications. The owner of a property which would be exempt pursuant to section 420-a of the Real Property Tax law or article 78 of the Civil Practice Law and Rules
JUSTIFICATION : This legislation was introduced following discussions between officials of the City of Schenectady and representatives of several tax-exempt organizations failed, for one reason or another, to file timely applications for continuation of their real property tax exemptions. These included churches and other previously exempt charitable organizations. Section 420-a of the Real Property Tax Law permits a local assessor to continue exemptions based on the assessor's personal observation of the property's use, but that did not occur in Schenectady in 2007 and 2008. Consequently, the taxable status date passed, and the properties were included on that year's assessment roll without their exemptions, resulting in impossible-to-pay tax burdens on churches and charities.
LEGISLATIVE HISTORY : New in 2009
FISCAL IMPLICATIONS : None.
LOCAL FISCAL IMPLICATIONS : Will restore real property tax exemptions which previously existed, returning relative shares of tax exempt and taxpaying properties to their status in the prior years.
EFFECTIVE DATE : Immediately, and applicable to the 2007 and 2008 assessment rolls.
STATE OF NEW YORK ________________________________________________________________________ 1260--A 2009-2010 Regular Sessions IN SENATE January 28, 2009 ___________Introduced by Sen. FARLEY -- 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 authorize New Creation in Christ Ministries to file an appli- cation for real property tax exemption THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Notwithstanding any other provision of law to the contrary, the assessor of the city of Schenectady is hereby authorized to accept from New Creation in Christ Ministries, Inc. an application for exemption from real property taxes pursuant to section 420-a of the real property tax law for the 2007 and 2008 assessment rolls for the parcel owned by such not-for-profit organization which is located in the city of Schenectady, county of Schenectady at 1073 Howard Street, otherwise known as section 49.55, block 5, lot 30. If accepted, such application shall be reviewed as if it had been received on or before the taxable status date established for such rolls. If satisfied that New Creation in Christ Ministries, Inc. would otherwise be entitled to such exemption if it had filed an application for exemption by the appropriate taxable status date, the assessor of the city of Schenectady may upon approval by the city council of such city, grant exemption from taxation based on the 2007 and 2008 assess- ment rolls and owing by such not-for-profit organization on the effec- tive date of this act, and make appropriate correction of the subject rolls. If such exemptions are granted and if such not-for-profit organ- ization shall have paid any tax with respect to the subject rolls, the governing body or tax department may, in its sole discretion, provide for the refund of such taxes paid and cancel taxes, fines, penalties or interest remaining unpaid. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06924-03-9