Bill S5208C-2011

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

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

Details

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

Memo

BILL NUMBER:S5208C

TITLE OF BILL:

An act to amend the real property tax law, in relation to a partial tax exemption for reconstruction, alteration or improvement of residential structures in cities with a certain population

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-seven thousand five hundred and twenty-eight thousand.

1. Provides that vacant residential buildings which have been newly renovated 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: (a) construction of improvements must commence as specified by local law; (b) project exceeds $7,500; 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.


Text

STATE OF NEW YORK ________________________________________________________________________ 5208--C Cal. No. 44 2011-2012 Regular Sessions IN 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 -- recommitted to the Committee on Housing, Construction and Community Development in accordance with Senate Rule 6, sec. 8 -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading -- again amended and ordered reprinted, retaining its place in the order of 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 amend the real property tax law, in relation to a partial tax exemption for reconstruction, alteration or improvement of 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-SEVEN THOUSAND FIVE HUNDRED AND TWENTY-EIGHT THOUSAND BASED UPON THE TWO THOUSAND TEN FEDERAL CENSUS. 1. RESIDENTIAL BUILDINGS WHICH HAVE BEEN RECONSTRUCTED, ALTERED OR IMPROVED SUBSEQUENT TO THE EFFECTIVE DATE OF A LOCAL LAW 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-SEVEN THOUSAND FIVE HUNDRED AND TWENTY-EIGHT THOUSAND BASED UPON THE TWO THOUSAND TEN FEDERAL CENSUS. FOR PURPOSES OF THIS SECTION, "RECONSTRUCTION", "ALTERATION" OR "IMPROVEMENT" SHALL NOT INCLUDE ORDI- NARY MAINTENANCE AND REPAIRS. AFTER A PUBLIC HEARING, THE GOVERNING BOARD OF A CITY WITH SUCH A POPULATION MAY ADOPT A LOCAL LAW TO GRANT THE EXEMPTION AUTHORIZED PURSUANT TO THIS SECTION. A COPY OF SUCH LOCAL
LAW 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 RECONSTRUCTION, ALTERATIONS OR IMPROVEMENTS AND FOR AN ADDITIONAL 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 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. THERE SHALL BE ENHANCED BENEFITS FOR IMPROVEMENT TO REAL PROPERTY MEETING CERTIFICATION STANDARDS FOR GREEN BUILDINGS. SUCH RESIDENTIAL REAL PROPERTY THAT HAS BEEN RECONSTRUCTED, ALTERED OR IMPROVED THAT IS CERTIFIED UNDER A CERTIFICATION STANDARD APPROVED BY THE CITY WHICH IS DETERMINED TO BE EQUIVALENT TO THE LEADERSHIP IN ENERGY AND ENVIRON- MENTAL 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 FILED 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 RECONSTRUCTION, ALTERATION OR IMPROVEMENT AND FOR AN ADDITIONAL PERIOD OF FOUR YEARS. THE EXTENT OF SUCH EXEMPTION SHALL BE DECREASED BY TWEN- TY 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 ATTRIBUT- ABLE, 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 ATTRIBUTABLE. 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 RECONSTRUCTION, ALTERATION OR IMPROVEMENT 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 DETERMINED 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 RECONSTRUCTION, ALTERATION OR IMPROVEMENT 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 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 RECONSTRUCTION, ALTERATION OR IMPROVEMENT WAS COMMENCED SUBSEQUENT TO THE EFFECTIVE DATE OF THE LOCAL LAW OR RESOLUTION ADOPTED PURSUANT TO SUBDIVISION ONE OF THIS SECTION; (B) THE VALUE OF SUCH RECONSTRUCTION, ALTERATION OR IMPROVEMENT EXCEEDS THE SUM OF SEVENTY-FIVE HUNDRED DOLLARS; AND (C) SUCH RECONSTRUCTION, ALTERATION OR IMPROVEMENT IS DOCUMENTED BY A BUILDING PERMIT, IF REQUIRED, FOR THE IMPROVEMENTS OR OTHER APPROPRIATE DOCUMENTATION 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-SEVEN THOUSAND FIVE HUNDRED AND NOT MORE THAN TWENTY-EIGHT THOUSAND ON OR BEFORE THE APPROPRIATE TAXABLE STATUS DATE OF SUCH CITY AND WITHIN ONE YEAR AFTER THE DATE OF COMPLETION OF SUCH RECONSTRUCTION, ALTERATION OR IMPROVEMENT. 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 ENHANCED EXEMPTION BENEFIT BASED ON A CERTIFICATION OF CERTIFIED/SILVER, GOLD OR PLATINUM LEED STANDARDS IN ACCORDANCE WITH APPLICABLE CERTIF- ICATION 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 RESIDENTIAL PURPOSES, THE EXEMPTION GRANTED PURSUANT TO THIS SECTION SHALL CEASE. S 2. This act shall take effect immediately.

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