Bill S4392-2011

Authorizes the CDCLI Housing Development Corporation to retroactively apply for a real property tax exemption

Authorizes the CDCLI Housing Development Fund Corporation to retroactively apply for a real property tax exemption for certain property in the town of Brookhaven, county of Suffolk.

Details

Actions

  • Jan 4, 2012: REFERRED TO LOCAL GOVERNMENT
  • Jan 4, 2012: returned to senate
  • Jan 4, 2012: died in assembly
  • Jun 14, 2011: referred to real property taxation
  • Jun 14, 2011: DELIVERED TO ASSEMBLY
  • Jun 14, 2011: PASSED SENATE
  • Jun 14, 2011: ORDERED TO THIRD READING CAL.1229
  • Jun 13, 2011: COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • Apr 4, 2011: REFERRED TO LOCAL GOVERNMENT

Meetings

Calendars

Votes

Memo

BILL NUMBER:S4392

TITLE OF BILL:

An act to authorize the CDCLI Housing Development Fund Corporation to retroactively apply for a real property tax exemption for certain property in the town of Brookhaven, county of Suffolk

PURPOSE OR GENERAL IDEA OF THE BILL:

To allow a retroactive application for real property tax exemption for the CDCLI Housing Development Fund Corporation, a not-for-profit corporation, for certain real property owned in the town of Brookhaven, Suffolk County.

SUMMARY OF PROVISIONS:

Section 1 of the bill would authorize the assessor of the town of Brookhaven, upon approval of the town board, to accept an application for exemption from real property taxes as if made pursuant to §422 of the Real Property Tax Law. If satisfied that CDCLI Housing Development Fund Corporation would otherwise have been entitled to said exemption, the assessor, upon approval of the town board may, in his or her sole discretion, provide for a refund or cancel all remaining unpaid taxes, interest, related fines and penalties.

JUSTIFICATION:

CDCLI Housing Development Fund Corporation is an affiliate of Community Development Corporation of Long Island and is a 501(c)3 entity organized under Article 11 of the New York Private Housing Finance Law. CDCLI is committed to assisting families and small businesses with services that support housing and economic development. Since 1969, CDCLI has assisted more than 40,000 Long Islanders and invested more than $270 million in their communities.

In 2002 and 2003 the CDCLI purchased ten single family homes scattered throughout Brookhaven. The houses were purchased with the financial assistance of federal grants to provide rental housing for homeless and disabled families. The corporation has restricted rents and a twenty year obligation to house this vulnerable population. Each house carries a mortgage with a financial institution. For the first time in FY2008 they are projecting a deficit in operating these houses. The reason for this is that rents are not rising as fast as their expenses and they expect that trend to continue throughout the twenty year contract obligation. In order to continue to own and operate the ten houses, CDCLI has made the decision to apply for a property tax exemption available under the Real Property Tax Law.

CDCLI Housing Development Fund Corporation, a not-for-profit organization pursuant to §420a of the Real Property Tax Law, acquired title to the above-mentioned parcels of property and would otherwise be entitled to a real property tax exemption on those parcels of property if the corporation filed an application for the exemption on

or before the appropriate taxable status date. It is intended by this bill to ameliorate the hardship that will be suffered by CDCLI Housing Development Fund Corporation if it is required to pay the property taxes due as described above.

LEGISLATIVE HISTORY:

2008: Passed Senate/Assembly Real Property Taxation Committee 2009-10:Senate Local Government Committee

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 4392 2011-2012 Regular Sessions IN SENATE April 4, 2011 ___________
Introduced by Sen. FLANAGAN -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government AN ACT to authorize the CDCLI Housing Development Fund Corporation to retroactively apply for a real property tax exemption for certain property in the town of Brookhaven, county of Suffolk 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 town of Brookhaven is hereby authorized to accept from the CDCLI Housing Development Fund Corporation an application or renewal application for exemption from real property taxes pursuant to section 422 of the real property tax law for the 2006-2007 and 2007-2008 assessment rolls, for the parcels owned by such not-for-profit entity which are located at 18 Sims Street, Patchogue, otherwise known as Suffolk county tax map number 0200-951-01-025.001; 262 Eastwood Boule- vard, Centereach, otherwise known as Suffolk county tax map number 0200-443-05-006; 563 Rowlinson Drive, Shirley, otherwise known as Suffolk county tax map number 0200-586-02-005; 37 Strafford Street, Mastic, otherwise known as Suffolk county tax map number 0200-908-02-043; 9 Buckskin Lane, Selden, otherwise known as Suffolk county tax map number 0200-336-0800-018; 132 Broadway, Shirley, other- wise known as Suffolk county tax map number 0200-937-07-039; 2809 Gull Avenue, Medford, otherwise known as Suffolk county tax map number 0200- 660-02-006; 35 Nantucket Drive, Medford, otherwise known as Suffolk county tax map number 0200-871-01-034; 183 Burney Boulevard, Mastic, otherwise known as Suffolk county tax map number 0200-645-02-028; and 101 Chanel Drive East, Shirley, otherwise known as Suffolk county tax map number 0200-978-02-018, all in the town of Brookhaven, county of Suffolk. If accepted, the applications or renewal applications shall be reviewed as if they had been received on or before the taxable status date established for such rolls.
If satisfied that such not-for-profit organization would otherwise be entitled to such exemption if such not-for-profit organization had filed an application or renewal application for exemption by the appropriate taxable status date, the assessor, upon approval by the Brookhaven town board, may make appropriate correction to the subject rolls. If such exemption is granted and such organization, therefore, shall have paid any tax with respect to the subject rolls, the applicable governing body or tax department may, in its sole discretion, provide for the refund of those taxes paid and cancel those taxes, fines, penalties, liens, or interest remaining unpaid. S 2. This act shall take effect immediately.

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