Authorizes New Creation in Christ Ministries, Inc. to file applications for a real property tax exemption with the city of Schenectady.
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 a late application for a certain real property tax exemption for the 2007, 2008 and 2009 assessment roll, and, if found eligible, to grant the exemption 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 an application for tax exemptions for the 2007, 2008 and 2009 assessment roll even though the deadline for these applications has passed, and, if the Assessor finds that the entity and property are indeed tax exempt, permits the City to grant the exemption 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 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: The New Creation in Christ Ministries, Inc. was not granted tax exempt status for the 2007, 2008 and 2009 assessment rolls and must now rectify this situation by legislation. This not for profit entity provides valuable charitable services to many children and families in need. This property tax exemption will help enable them to continue providing services to the community.
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, 2008 and 2009 rolls.
STATE OF NEW YORK ________________________________________________________________________ 1260--B Cal. No. 91 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 -- recommitted to the Committee on Local Government in accordance with Senate Rule 6, sec. 8 -- reported favor- ably from said committee, ordered to first and second report, ordered to a third reading, passed by Senate and delivered to the Assembly, recalled, vote reconsidered, restored to third reading, amended and ordered reprinted, retaining its place in the order of third reading 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, 2008 and 2009 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, other- wise known as section 49.55, block 5, lot 30. If accepted, such applica- tion shall be reviewed as if it had been received on or before the taxa- ble 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, 2008 and 2009 assessment rolls and owing by such not-for-profit organization on the effective date of this act, and make appropriate correction of the subject rolls. If such exemptions are granted and if such not-for-profitEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06924-05-0 S. 1260--B 2
organization 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.