Provides condominium owners with access to the application for the entire building for the tax abatements to verify that such owner's unit was included in the submission.

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S397-2011 Actions

• Aug 17, 2011: SIGNED CHAP.453
• Aug 5, 2011: DELIVERED TO GOVERNOR
• Jun 16, 2011: returned to senate
• Jun 16, 2011: passed assembly
• Jun 16, 2011: ordered to third reading rules cal.362
• Jun 16, 2011: substituted for a1777
• Apr 12, 2011: referred to real property taxation
• Apr 12, 2011: DELIVERED TO ASSEMBLY
• Apr 12, 2011: PASSED SENATE
• Mar 7, 2011: ADVANCED TO THIRD READING
• Mar 3, 2011: 2ND REPORT CAL.
• Mar 2, 2011: 1ST REPORT CAL.153
• Jan 5, 2011: REFERRED TO LOCAL GOVERNMENT

S397-2011 Meetings

Local Government: Mar 2, 2011

S397-2011 Calendars

Active List: Apr 12, 2011 , Floor Calendar: Mar 3, 2011 , Floor Calendar: Mar 7, 2011 , Floor Calendar: Mar 8, 2011 , Floor Calendar: Mar 9, 2011 , Floor Calendar: Mar 10, 2011 , Floor Calendar: Mar 14, 2011 , Floor Calendar: Mar 15, 2011 , Floor Calendar: Mar 16, 2011 , Floor Calendar: Mar 21, 2011 , Floor Calendar: Mar 22, 2011 , Floor Calendar: Mar 23, 2011 , Floor Calendar: Mar 24, 2011 , Floor Calendar: Mar 28, 2011 , Floor Calendar: Mar 29, 2011 , Floor Calendar: Mar 30, 2011 , Floor Calendar: Mar 31, 2011 , Floor Calendar: Apr 4, 2011 , Floor Calendar: Apr 5, 2011 , Floor Calendar: Apr 6, 2011 , Floor Calendar: Apr 11, 2011 , Floor Calendar: Apr 12, 2011

S397-2011 Votes

S397-2011 Memo

BILL NUMBER:S397

TITLE OF BILL:
An act
to amend the real property tax law, in relation to providing an owner of
a dwelling unit access to tax abatement applications submitted on behalf
of the condominium

PURPOSE:
To allow an owner of a dwelling unit to obtain a copy of a tax
abatement application from the building in which his unit is located
in cities with a population of one million or more.

SUMMARY OF PROVISIONS:
Section 1
Amends subdivision 4 of � 467-a of the real property tax
law to enable a copy of an application, with identifying information
redacted, to be provided to the owner of the dwelling.

Section 2
Amends subdivision 8 of � 467-a of the real property tax law
to enable owners of a dwelling unit to request a copy of any
application filed on the property statements filed in connection with
the tax abatement application.

Section 3
Effective date

JUSTIFICATION:
Current law prohibits unit owners of buildings from examining abatement
applications submitted by the managers of their own building. This
situation can cause difficulties in determining the cause of any
inaccurate determinations regarding the issuance of tax abatements.
This legislation would resolve this problem by allowing for
examination of the original application by any named party on the
application.

While this information is available on the New York City Department of
Finance website there are circumstances where it is necessary to view
an actual hard copy of the application, with privileged information
redacted, to fully comprehend the abatement request.

LEGISLATIVE HISTORY:
2009-2010:  S.3853-A/A.11224-A

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become a law.

S397-2011 Text

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

                                     397

                         2011-2012 Regular Sessions

                              I N  SENATE

                                 (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:


    Section  1.  Subdivision  4  of section 467-a of the real property tax
  law, as added by chapter 273 of the laws of 1996, is amended to read  as
  follows:

    4.  Except  in  accordance  with proper judicial order or as otherwise
  provided by law, neither the commissioner of finance, nor any officer or
  employee of a department of finance of a city having a population of one
  million or more, nor any person who, pursuant to  this  subdivision,  is
  authorized to inspect the application or statements in connection there-
  with required by this section, shall disclose or make known the contents
  of any such application or statements. Except as provided in this subdi-
  vision, the officers charged with the custody of any such application or
  statements  shall  not  be  required  to  produce  them in any action or
  proceeding in any court or before any administrative tribunal,  but  any
  such  application or statements may be produced on behalf of the depart-
  ment of finance. NOTHING IN  THIS  SUBDIVISION  SHALL  BE  CONSTRUED  TO
  PROHIBIT  DELIVERY TO AN OWNER OF A DWELLING UNIT OF A PROPERTY SITUATED
  IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE OF A  COPY  OF  ANY
  APPLICATION OR STATEMENTS PERTAINING TO SUCH DWELLING UNIT, UPON REQUEST
  AND  WITH  PERSONALLY  IDENTIFYING INFORMATION REDACTED. Nothing in this
  subdivision shall be construed to prohibit the delivery of  a  certified
  copy of any such application or statements to the United States of Amer-
  ica  or  any department thereof, the state of New York or any department
  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

  department  thereof,  provided  any  such  application or statements are
  required for official business; nor to prohibit the inspection for offi-
  cial business of any such application or statements by the  tax  commis-
  sion  of  a  city  having a population of one million or more, or by the
  corporation counsel or other legal representative of  a  city  having  a
  population  of one million or more, or by any person engaged or retained
  by the department of finance on an independent contract  basis;  nor  to
  prohibit  the  publication of statistics so classified as to prevent the
  [indentification] IDENTIFICATION of any particular application or state-
  ments. The foregoing provisions of this subdivision prohibiting  disclo-
  sure  of  the  contents of applications or statements shall not apply to
  physical data relating to the property described therein.
    S 2. Subdivision 8 of section 467-a of the real property tax  law,  as
  amended  by  chapter  97  of  the  laws  of  2004, is amended to read as
  follows:

    8. [The] EXCEPT TO THE EXTENT THAT THE OWNER OF A DWELLING UNIT  OF  A
  PROPERTY  SITUATED  IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE
  MAY REQUEST A REDACTED COPY OF ANY APPLICATION OR STATEMENTS  PERTAINING
  TO  SUCH DWELLING UNIT, AS PROVIDED IN SUBDIVISION FOUR OF THIS SECTION,
  THE information contained in applications or  statements  in  connection
  therewith filed with the commissioner of finance pursuant to subdivision
  three,  three-a, three-b or three-c of this section shall not be subject
  to disclosure under article six of the public officers law.
    S 3. This act shall take effect on the thirtieth day  after  it  shall
  have become a law.