Relates to a partial tax exemption for new residential construction, alteration or improvement of residential structures in cities with a certain population.

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S5208-2011 Actions

• Jun 21, 2012: SUBSTITUTED BY A9103C
• Jun 11, 2012: AMENDED ON THIRD READING (T) 5208C
• Jun 11, 2012: VOTE RECONSIDERED - RESTORED TO THIRD READING
• Jun 11, 2012: returned to senate
• Jun 11, 2012: RECALLED FROM ASSEMBLY
• May 21, 2012: referred to real property taxation
• May 21, 2012: DELIVERED TO ASSEMBLY
• May 21, 2012: PASSED SENATE
• May 15, 2012: AMENDED ON THIRD READING 5208B
• Feb 29, 2012: AMENDED ON THIRD READING 5208A
• Jan 23, 2012: ADVANCED TO THIRD READING
• Jan 19, 2012: 2ND REPORT CAL.
• Jan 18, 2012: 1ST REPORT CAL.44
• Jan 4, 2012: REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT
• Jan 4, 2012: returned to senate
• Jan 4, 2012: died in assembly
• Jun 15, 2011: referred to real property taxation
• Jun 15, 2011: DELIVERED TO ASSEMBLY
• Jun 15, 2011: PASSED SENATE
• Jun 1, 2011: ADVANCED TO THIRD READING
• May 25, 2011: 2ND REPORT CAL.
• May 24, 2011: 1ST REPORT CAL.823
• May 3, 2011: REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT

S5208-2011 Meetings

Housing, Construction and Community Development: May 24, 2011, Housing, Construction and Community Development: Jan 18, 2012

S5208-2011 Calendars

Active List: Feb 14, 2012 , Active List: Jun 13, 2011 , Active List: Jun 15, 2011 , Floor Calendar: Jan 19, 2012 , Floor Calendar: Jan 23, 2012 , Floor Calendar: Jan 24, 2012 , Floor Calendar: Jan 30, 2012 , Floor Calendar: Jan 31, 2012 , Floor Calendar: Feb 6, 2012 , Floor Calendar: Feb 7, 2012 , Floor Calendar: Feb 13, 2012 , Floor Calendar: Feb 14, 2012 , Floor Calendar: Feb 15, 2012 , Floor Calendar: Feb 29, 2012 , Floor Calendar: May 25, 2011 , Floor Calendar: Jun 1, 2011 , Floor Calendar: Jun 2, 2011 , Floor Calendar: Jun 6, 2011 , Floor Calendar: Jun 7, 2011 , Floor Calendar: Jun 13, 2011 , Floor Calendar: Jun 14, 2011 , Floor Calendar: Jun 15, 2011

S5208-2011 Votes

S5208-2011 Memo

BILL NUMBER:S5208

PURPOSE:

To encourage growth and economic development by providing the city of
Auburn to provide real property tax exemptions to vacant residential
homes for capital improvements

SUMMARY OF PROVISIONS:

Section 1 of the bill amends the real property tax law by adding a new
section 421-ff to authorize an exemption for capital improvements to
vacant residential buildings in cities with a population between
twenty-eight thousand five hundred and twenty-nine thousand.

1. Provides that vacant residential buildings which have been newly
constructed or renovated structures shall be exempt from certain
taxation.

2. Provides that such buildings shall be exempt for two years for one
hundred per centum of the increase in the assessed value attributed
to the renovation. The exemption shall decrease by twenty per centum
of the exemption base for the following additional four years.

3. Sets forth the percentage of the exemption based on the LEED
certification classification (certified/silver, gold or platinum).
The percentages of exemptions are listed by the LEED certification
classification.

4. Exemptions granted pursuant to this section shall apply to real
property taxes imposed for city purposes.

5. Lists eligibility criteria for the exemption: (al construction of
improvements must commence as specified by local law; (b) project
exceeds $3,000; and{c) proper documentation required.

6. Provides that an application for exemption shall be prescribed by
the commissioner and filed with the assessor of the city.

7. Provides for the commencement of the exemption upon the approval of
the assessor. The exemption will be effective after the taxable
status date.

Section 2 of the bill provides for an immediate effective date.

JUSTIFICATION:
This legislation allows city of Auburn to provide real property tax
exemptions to vacant residential homes for capital improvements.
Small cities are continually pursuing innovative ways to encourage
growth and economic development and this legislation would be helpful
in improving housing stock and raising property values.

New York has become proactive in bolstering efforts to reduce
greenhouse gas emissions by promoting energy efficiency in homes
throughout the State. This legislation would promote "green"
construction by granting an additional real property tax exemption


for property improvements meeting LEED certification standards. This
incentive would further build upon New York's efforts by encouraging
more homeowners and businesses to go "green".

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None to State.

LOCAL FISCAL IMPLICATIONS:
Undetermined, dependent upon utilization.

EFFECTIVE DATE:
This act shall take effect immediately.

S5208-2011 Text

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

                                    5208

                         2011-2012 Regular Sessions

                              I N  SENATE

                                 May 3, 2011
                                 ___________

  Introduced  by Sen. NOZZOLIO -- read twice and ordered printed, and when
    printed to be committed to the Committee on Housing, Construction  and
    Community Development

  AN  ACT to amend the real property tax law, in relation to a partial tax
    exemption for new residential construction  or  renovation  of  vacant
    residential structures in cities with a certain population

    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-ff to read as follows:

    S  421-FF.  EXEMPTION OF CAPITAL IMPROVEMENTS TO RESIDENTIAL BUILDINGS
  IN CITIES WITH A POPULATION BETWEEN TWENTY-EIGHT THOUSAND  FIVE  HUNDRED
  AND TWENTY-NINE THOUSAND. 1. RESIDENTIAL BUILDINGS WHICH HAVE BEEN NEWLY
  CONSTRUCTED  OR  RENOVATED VACANT STRUCTURES 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 HEREINAFTER IN CITIES WITH A  POPULATION  BETWEEN  TWENTY-EIGHT
  THOUSAND  FIVE  HUNDRED  AND  TWENTY-NINE THOUSAND. FOR PURPOSES OF THIS
  SECTION, "CONSTRUCTION" OR "RENOVATION" SHALL NOT INCLUDE ORDINARY MAIN-
  TENANCE AND REPAIRS. AFTER A PUBLIC HEARING, THE GOVERNING  BOARD  OF  A
  CITY  WITH  SUCH  A  POPULATION  MAY  ADOPT  A  RESOLUTION  TO GRANT THE
  EXEMPTION AUTHORIZED PURSUANT TO THIS SECTION. A COPY OF SUCH LOCAL  LAW
  OR  RESOLUTION  SHALL BE FILED WITH THE COMMISSIONER AND THE ASSESSOR OF
  SUCH CITY WHO PREPARES THE ASSESSMENT ROLL ON WHICH THE  TAXES  OF  SUCH
  CITY ARE LEVIED.
    2.  SUCH  BUILDINGS  SHALL  BE EXEMPT FOR A PERIOD OF TWO YEARS TO THE
  EXTENT OF ONE HUNDRED PER CENTUM OF THE INCREASE IN ASSESSED VALUE THER-
  EOF ATTRIBUTABLE TO SUCH CONSTRUCTION OR RENOVATION  AND  FOR  AN  ADDI-
  TIONAL PERIOD OF FOUR YEARS SUBJECT TO THE FOLLOWING:

    (A)  THE  EXTENT  OF  SUCH  EXEMPTION SHALL BE DECREASED BY TWENTY PER
  CENTUM  OF  THE  "EXEMPTION  BASE"  EACH  YEAR  DURING  SUCH  ADDITIONAL

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD10226-01-1

 S. 5208                             2

  FOUR-YEAR  PERIOD,  SUCH  THAT  DURING  YEAR  THREE  THERE  SHALL  BE AN
  EXEMPTION OF EIGHTY PER CENTUM OF THE INCREASE IN ASSESSED VALUE THEREOF
  ATTRIBUTABLE, DURING YEAR FOUR THERE SHALL BE AN EXEMPTION OF SIXTY  PER
  CENTUM  OF  THE INCREASE IN ASSESSED VALUE THEREOF ATTRIBUTABLE, IN YEAR
  FIVE THERE SHALL BE AN EXEMPTION OF FORTY PER CENTUM OF THE INCREASE  IN
  ASSESSED  VALUE  THEREOF  ATTRIBUTABLE AND IN YEAR SIX THERE SHALL BE AN
  EXEMPTION OF TWENTY PER CENTUM OF THE INCREASE IN ASSESSED VALUE THEREOF
  ATTRIBUTABLE; AND
    (B) THE "EXEMPTION BASE" SHALL BE THE INCREASE IN ASSESSED  VALUE  DUE
  TO  IMPROVEMENTS  AS  DETERMINED  BY THE ASSESSOR IN THE INITIAL YEAR OF
  SUCH SIX-YEAR PERIOD FOLLOWING THE FILING OF AN ORIGINAL APPLICATION.
    3. SUCH RESIDENTIAL REAL PROPERTY WHICH IS CERTIFIED UNDER  A  CERTIF-
  ICATION  STANDARD  APPROVED BY THE CITY WHICH IS DETERMINED TO BE EQUIV-
  ALENT TO THE  LEADERSHIP  IN  ENERGY  AND  ENVIRONMENTAL  DESIGN  (LEED)
  CERTIFICATION  FOR  THE CATEGORIES OF CERTIFIED/SILVER, GOLD OR PLATINUM
  AS MEETING GREEN BUILDING STANDARDS SHALL BE EXEMPT  FOR  THE  FOLLOWING
  PERCENTAGES,  PROVIDED  THAT A COPY OF THE CERTIFICATION FOR A QUALIFIED
  CATEGORY IS FILLED WITH THE ASSESSOR  OF  SUCH  CITY  AND  THE  ASSESSOR
  APPROVES  THE  APPLICATION  FOR  THE  APPLICABLE CATEGORY AS MEETING THE
  REQUIREMENTS OF THIS SECTION AND THE LOCAL LAW OF SUCH CITY:

    (A) CERTIFIED/SILVER CERTIFICATION STANDARD. SUCH BUILDINGS  SHALL  BE
  EXEMPT  FOR  A  PERIOD  OF  THREE YEARS TO THE EXTENT OF ONE HUNDRED PER
  CENTUM OF THE INCREASE IN ASSESSED VALUE THEREOF  ATTRIBUTABLE  TO  SUCH
  CONSTRUCTION  OR  RENOVATION AND FOR AN ADDITIONAL PERIOD OF FOUR YEARS.
  THE EXTENT OF SUCH EXEMPTION SHALL BE DECREASED BY TWENTY PER CENTUM  OF
  THE  "EXEMPTION  BASE" EACH YEAR DURING SUCH ADDITIONAL FOUR-YEAR PERIOD
  SUCH THAT DURING YEAR FOUR THERE SHALL BE AN  EXEMPTION  OF  EIGHTY  PER
  CENTUM  OF  THE  INCREASE IN ASSESSED VALUE THEREOF ATTRIBUTABLE, DURING
  YEAR FIVE THERE SHALL BE  AN  EXEMPTION  OF  SIXTY  PER  CENTUM  OF  THE
  INCREASE IN ASSESSED VALUE THEREOF ATTRIBUTABLE, IN YEAR SIX THERE SHALL
  BE  AN  EXEMPTION  OF FORTY PER CENTUM OF THE INCREASE IN ASSESSED VALUE
  THEREOF ATTRIBUTABLE AND IN YEAR SEVEN THERE SHALL BE  AN  EXEMPTION  OF
  TWENTY  PER  CENTUM  OF THE INCREASE IN ASSESSED VALUE THEREOF ATTRIBUT-
  ABLE.  THE "EXEMPTION BASE" SHALL BE THE INCREASE IN ASSESSED VALUE  DUE
  TO  IMPROVEMENTS  AS  DETERMINED  BY THE ASSESSOR IN THE INITIAL YEAR OF
  SUCH SEVEN-YEAR PERIOD FOLLOWING THE FILING OF AN ORIGINAL APPLICATION;
    (B) GOLD STANDARD. SUCH BUILDINGS SHALL BE EXEMPT FOR A PERIOD OF FOUR
  YEARS TO THE EXTENT OF  ONE  HUNDRED  PER  CENTUM  OF  THE  INCREASE  IN
  ASSESSED  VALUE  THEREOF ATTRIBUTABLE TO SUCH CONSTRUCTION OR RENOVATION
  AND FOR AN ADDITIONAL PERIOD OF FOUR YEARS. THE EXTENT OF SUCH EXEMPTION
  SHALL BE DECREASED BY TWENTY PER CENTUM OF  THE  "EXEMPTION  BASE"  EACH
  YEAR  DURING SUCH ADDITIONAL FOUR-YEAR PERIOD SUCH THAT DURING YEAR FIVE
  THERE SHALL BE AN EXEMPTION OF EIGHTY PER  CENTUM  OF  THE  INCREASE  IN
  ASSESSED  VALUE  THEREOF ATTRIBUTABLE, DURING YEAR SIX THERE SHALL BE AN
  EXEMPTION OF SIXTY PER CENTUM OF THE INCREASE IN ASSESSED VALUE  THEREOF
  ATTRIBUTABLE,  IN  YEAR  SEVEN  THERE SHALL BE AN EXEMPTION OF FORTY PER
  CENTUM OF THE INCREASE IN ASSESSED VALUE  THEREOF  ATTRIBUTABLE  AND  IN
  YEAR  EIGHT  THERE  SHALL  BE  AN  EXEMPTION OF TWENTY PER CENTUM OF THE
  INCREASE IN ASSESSED VALUE THEREOF ATTRIBUTABLE.  THE  "EXEMPTION  BASE"
  SHALL  BE  THE  INCREASE IN ASSESSED VALUE DUE TO IMPROVEMENTS AS DETER-
  MINED BY THE ASSESSOR IN THE INITIAL  YEAR  OF  SUCH  EIGHT-YEAR  PERIOD
  FOLLOWING THE FILING OF AN ORIGINAL APPLICATION; OR
    (C)  PLATINUM STANDARD. SUCH BUILDINGS SHALL BE EXEMPT FOR A PERIOD OF
  SIX YEARS TO THE EXTENT OF ONE HUNDRED PER CENTUM  OF  THE  INCREASE  IN
  ASSESSED  VALUE  THEREOF ATTRIBUTABLE TO SUCH CONSTRUCTION OR RENOVATION
  AND FOR AN ADDITIONAL PERIOD OF FOUR YEARS. THE EXTENT OF SUCH EXEMPTION

 S. 5208                             3

  SHALL BE DECREASED BY TWENTY PER CENTUM OF  THE  "EXEMPTION  BASE"  EACH
  YEAR DURING SUCH ADDITIONAL FOUR-YEAR PERIOD SUCH THAT DURING YEAR SEVEN
  THERE  SHALL  BE  AN  EXEMPTION  OF EIGHTY PER CENTUM OF THE INCREASE IN
  ASSESSED VALUE THEREOF ATTRIBUTABLE, DURING YEAR EIGHT THERE SHALL BE AN
  EXEMPTION  OF SIXTY PER CENTUM OF THE INCREASE IN ASSESSED VALUE THEREOF
  ATTRIBUTABLE, IN YEAR NINE THERE SHALL BE  AN  EXEMPTION  OF  FORTY  PER
  CENTUM  OF  THE  INCREASE  IN ASSESSED VALUE THEREOF ATTRIBUTABLE AND IN
  YEAR TEN THERE SHALL BE  AN  EXEMPTION  OF  TWENTY  PER  CENTUM  OF  THE
  INCREASE  IN  ASSESSED VALUE THEREOF ATTRIBUTABLE.  THE "EXEMPTION BASE"
  SHALL BE THE INCREASE IN ASSESSED VALUE DUE TO  IMPROVEMENTS  AS  DETER-
  MINED  BY  THE  ASSESSOR  IN  THE  INITIAL  YEAR OF SUCH TEN-YEAR PERIOD
  FOLLOWING THE FILING OF AN ORIGINAL APPLICATION.
    4. EXEMPTIONS GRANTED PURSUANT TO THIS SECTION  SHALL  APPLY  TO  REAL
  PROPERTY TAXES IMPOSED FOR CITY PURPOSES.
    5. NO SUCH EXEMPTION SHALL BE GRANTED UNLESS:

    (A)  SUCH  CONSTRUCTION  OR RENOVATION WAS COMMENCED SUBSEQUENT TO THE
  EFFECTIVE DATE OF THE LOCAL LAW OR RESOLUTION ADOPTED PURSUANT TO SUBDI-
  VISION ONE OF THIS SECTION;
    (B) THE VALUE OF SUCH CONSTRUCTION OR RENOVATION EXCEEDS  THE  SUM  OF
  THREE THOUSAND DOLLARS; AND
    (C)  SUCH  CONSTRUCTION  OR  RENOVATION  IS  DOCUMENTED  BY A BUILDING
  PERMIT, IF REQUIRED, FOR THE IMPROVEMENTS OR OTHER APPROPRIATE  DOCUMEN-
  TATION AS REQUIRED BY THE CITY ASSESSOR.
    6.  SUCH EXEMPTION SHALL BE GRANTED ONLY UPON APPLICATION BY THE OWNER
  OF SUCH BUILDING ON A FORM PRESCRIBED BY THE COMMISSIONER. SUCH APPLICA-
  TION SHALL BE FILED WITH THE ASSESSOR OF A CITY WITH A POPULATION OF NOT
  LESS  THAN  TWENTY-EIGHT  THOUSAND  FIVE  HUNDRED  AND  NOT  MORE   THAN
  TWENTY-NINE THOUSAND ON OR BEFORE THE APPROPRIATE TAXABLE STATUS DATE OF
  SUCH  CITY  AND  WITHIN  ONE  YEAR  AFTER THE DATE OF COMPLETION OF SUCH
  CONSTRUCTION OR RENOVATION.
    7. IF SATISFIED THAT THE APPLICANT IS ENTITLED TO AN EXEMPTION  PURSU-
  ANT TO THIS SECTION, THE CITY ASSESSOR SHALL APPROVE THE APPLICATION AND
  SUCH  BUILDING  SHALL  THEREAFTER BE EXEMPT FROM TAXATION AND SPECIAL AD
  VALOREM LEVIES BY THE CITY AS PROVIDED IN THIS SECTION  COMMENCING  WITH
  THE  ASSESSMENT  ROLL  PREPARED  ON THE BASIS OF THE TAXABLE STATUS DATE
  REFERRED TO IN SUBDIVISION SIX OF THIS SECTION. THE ASSESSOR SHALL ENTER
  THE ASSESSED VALUE OF 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. IN ANY  CASE  WHERE  THERE  IS  AN
  ADDITIONAL    PARTIAL    EXEMPTION   BASED   ON   A   CERTIFICATION   OF
  CERTIFIED/SILVER, GOLD OR PLATINUM LEED  STANDARDS  IN  ACCORDANCE  WITH
  APPLICABLE  CERTIFICATION STANDARDS APPROVED BY THE CITY, A COPY OF SUCH
  CERTIFICATION SHALL BE FILED IN THE SUBJECT REAL PROPERTY FILE.
    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.
    S 2. This act shall take effect immediately.