S T A T E O F N E W Y O R K
________________________________________________________________________
7531
2015-2016 Regular Sessions
I N A S S E M B L Y
May 15, 2015
___________
Introduced by M. of A. BRAUNSTEIN, GOTTFRIED -- read once and referred
to the Committee on Real Property Taxation
AN ACT to amend the real property tax law, in relation to partial tax
abatement for residential real property held in the cooperative or
condominium form of ownership in a city having a population of one
million or more
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraphs (a) and (b) of subdivision 2 of section 467-a of
the real property tax law, as amended by chapter 4 of the laws of 2013,
are amended to read as follows:
(a) In a city having a population of one million or more, dwelling
units owned by unit owners who, as of the applicable taxable status
date, own no more than three dwelling units in any one property held in
the condominium form of ownership, shall be eligible to receive a
partial abatement of real property taxes, as set forth in paragraphs
(c), (d), (d-1), (d-2), (d-3), (d-4), (d-5) and (d-6) of this subdivi-
sion; provided, however, that a property held in the condominium form of
ownership that is receiving complete or partial real property tax
exemption or tax abatement pursuant to any other provision of this chap-
ter or any other state or local law, except as provided in paragraph (f)
of this subdivision, shall not be eligible to receive a partial abate-
ment pursuant to this section; and provided, further, that sponsors
shall not be eligible to receive a partial abatement pursuant to this
section; and provided, further, that in the fiscal [year] YEARS commenc-
ing in calendar years two thousand twelve, two thousand thirteen, [or]
two thousand fourteen, TWO THOUSAND FIFTEEN, TWO THOUSAND SIXTEEN OR TWO
THOUSAND SEVENTEEN no more than a maximum of three dwelling units owned
by any unit owner in a single building, one of which must be the primary
residence of such unit owner, shall be eligible to receive a partial
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10965-02-5
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abatement pursuant to paragraphs (d-1), (d-2), (d-3) and (d-4) of this
[section] SUBDIVISION.
(b) In a city having a population of one million or more, dwelling
units owned by tenant-stockholders who, as of the applicable taxable
status date, own no more than three dwelling units in any one property
held in the cooperative form of ownership, shall be eligible to receive
a partial abatement of real property taxes, as set forth in paragraphs
(c), (d), (d-1), (d-2), (d-3), (d-4), (d-5) and (d-6) of this subdivi-
sion; provided, however, that a property held in the cooperative form of
ownership that is receiving complete or partial real property tax
exemption or tax abatement pursuant to any other provision of this chap-
ter or any other state or local law, except as provided in paragraph (f)
of this subdivision, shall not be eligible to receive a partial abate-
ment pursuant to this section; and provided, further, that sponsors
shall not be eligible to receive a partial abatement pursuant to this
section; and provided, further, that in the fiscal [year] YEARS commenc-
ing in calendar years two thousand twelve, two thousand thirteen [or],
two thousand fourteen, TWO THOUSAND FIFTEEN, TWO THOUSAND SIXTEEN OR TWO
THOUSAND SEVENTEEN no more than a maximum of three dwelling units owned
by any tenant-stockholder in a single building, one of which must be the
primary residence of such tenant-stockholder, shall be eligible to
receive a partial abatement pursuant to paragraphs (d-1), (d-2), (d-3)
and (d-4) of this [section] SUBDIVISION. For purposes of this section,
a tenant-stockholder of a cooperative apartment corporation shall be
deemed to own the dwelling unit which is represented by his or her
shares of stock in such corporation. Any abatement so granted shall be
credited by the appropriate taxing authority against the tax due on the
property as a whole. The reduction in real property taxes received
thereby shall be credited by the cooperative apartment corporation
against the amount of such taxes attributable to eligible dwelling units
at the time of receipt.
S 2. Paragraphs (d-1), (d-2), (d-3) and (d-4) of subdivision 2 of
section 467-a of the real property tax law, as added by chapter 4 of the
laws of 2013, are amended to read as follows:
(d-1) In the fiscal years commencing in calendar [year] YEARS two
thousand twelve, two thousand thirteen and two thousand fourteen, eligi-
ble dwelling units in property whose average unit assessed value is less
than or equal to fifty thousand dollars shall receive a partial abate-
ment of the real property taxes attributable to or due on such dwelling
units of twenty-five percent, twenty-six and one-half percent and twen-
ty-eight and one-tenth percent respectively. IN THE FISCAL YEARS
COMMENCING IN CALENDAR YEARS TWO THOUSAND FIFTEEN, TWO THOUSAND SIXTEEN
AND TWO THOUSAND SEVENTEEN, ELIGIBLE DWELLING UNITS IN PROPERTY WHOSE
AVERAGE UNIT ASSESSED VALUE IS LESS THAN OR EQUAL TO FIFTY THOUSAND
DOLLARS SHALL RECEIVE A PARTIAL ABATEMENT OF THE REAL PROPERTY TAXES
ATTRIBUTABLE TO OR DUE ON SUCH DWELLING UNITS OF TWENTY-EIGHT AND
ONE-TENTH PERCENT.
(d-2) In the fiscal years commencing in calendar [year] YEARS two
thousand twelve, two thousand thirteen and two thousand fourteen, eligi-
ble dwelling units in property whose average unit assessed value is more
than fifty thousand dollars, but less than or equal to fifty-five thou-
sand dollars, shall receive a partial abatement of the real property
taxes attributable to or due on such dwelling units of twenty-two and
one-half percent, twenty-three and eight-tenths percent and twenty-five
and two-tenths percent respectively. IN THE FISCAL YEARS COMMENCING IN
CALENDAR YEARS TWO THOUSAND FIFTEEN, TWO THOUSAND SIXTEEN AND TWO THOU-
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SAND SEVENTEEN, ELIGIBLE DWELLING UNITS IN PROPERTY WHOSE AVERAGE UNIT
ASSESSED VALUE IS MORE THAN FIFTY THOUSAND DOLLARS, BUT LESS THAN OR
EQUAL TO FIFTY-FIVE THOUSAND DOLLARS, SHALL RECEIVE A PARTIAL ABATEMENT
OF THE REAL PROPERTY TAXES ATTRIBUTABLE TO OR DUE ON SUCH DWELLING UNITS
OF TWENTY-FIVE AND TWO-TENTHS PERCENT.
(d-3) In the fiscal years commencing in calendar [year] YEARS two
thousand twelve, two thousand thirteen and two thousand fourteen, eligi-
ble dwelling units in property whose average unit assessed value is more
than fifty-five thousand dollars, but less than or equal to sixty thou-
sand dollars, shall receive a partial abatement of the real property
taxes attributable to or due on such dwelling units of twenty percent,
twenty-one and two-tenths percent, and twenty-two and five-tenths
percent respectively. IN THE FISCAL YEARS COMMENCING IN CALENDAR YEARS
TWO THOUSAND FIFTEEN, TWO THOUSAND SIXTEEN AND TWO THOUSAND SEVENTEEN,
ELIGIBLE DWELLING UNITS IN PROPERTY WHOSE AVERAGE UNIT ASSESSED VALUE IS
MORE THAN FIFTY-FIVE THOUSAND DOLLARS, BUT LESS THAN OR EQUAL TO SIXTY
THOUSAND DOLLARS, SHALL RECEIVE A PARTIAL ABATEMENT OF THE REAL PROPERTY
TAXES ATTRIBUTABLE TO OR DUE ON SUCH DWELLING UNITS OF TWENTY-TWO AND
FIVE-TENTHS PERCENT.
(d-4) In the fiscal years commencing in calendar [year] YEARS two
thousand twelve, two thousand thirteen [and], two thousand fourteen, TWO
THOUSAND FIFTEEN, TWO THOUSAND SIXTEEN AND TWO THOUSAND SEVENTEEN,
eligible dwelling units in property whose average unit assessed value is
more than sixty thousand dollars shall receive a partial abatement of
the real property taxes attributable to or due on such dwelling units of
seventeen and one-half percent.
S 3. Paragraphs (a), (b) and (c) of subdivision 3 of section 467-a of
the real property tax law, as amended by chapter 4 of the laws of 2013,
are amended to read as follows:
(a) An application for an abatement pursuant to this section for the
fiscal year commencing in calendar year nineteen hundred ninety-six
shall be made no later than the fifteenth day of September, nineteen
hundred ninety-six. An application for an abatement pursuant to this
section for the fiscal year commencing in calendar year nineteen hundred
ninety-seven shall be made no later than the first day of April, nine-
teen hundred ninety-seven. An application for an abatement pursuant to
this section for the fiscal year commencing in calendar year nineteen
hundred ninety-eight shall be made no later than the first day of April,
nineteen hundred ninety-eight. An application for an abatement pursuant
to this section for the fiscal year commencing in calendar year nineteen
hundred ninety-nine shall be made in accordance with this subdivision
and subdivision three-a of this section. An application for an abatement
pursuant to this section for the fiscal year commencing in calendar year
two thousand shall be made no later than the fifteenth day of February,
two thousand. An application for an abatement pursuant to this section
for the fiscal year commencing in calendar year two thousand one shall
be made in accordance with this subdivision and subdivision three-b of
this section. An application for an abatement pursuant to this section
for the fiscal year commencing in calendar year two thousand two shall
be made no later than the fifteenth day of February, two thousand two.
An application for an abatement pursuant to this section for the fiscal
year commencing in calendar year two thousand three shall be made no
later than the fifteenth day of February, two thousand three. An appli-
cation for an abatement pursuant to this section for the fiscal year
commencing in calendar year two thousand four shall be made in accord-
ance with this subdivision and subdivision three-c of this section. An
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application for an abatement pursuant to this section for the fiscal
year commencing in calendar year two thousand five shall be made no
later than the fifteenth day of February, two thousand five. An applica-
tion for an abatement pursuant to this section for the fiscal year
commencing in calendar year two thousand six shall be made no later than
the fifteenth day of February, two thousand six. An application for an
abatement pursuant to this section for the fiscal year commencing in
calendar year two thousand seven shall be made no later than the
fifteenth day of February, two thousand seven. An application for abate-
ment pursuant to this section for the fiscal year commencing in calendar
year two thousand eight shall be made in accordance with this subdivi-
sion and subdivision three-d of this section. An application for an
abatement pursuant to this section for the fiscal year commencing in
calendar year two thousand nine shall be made no later than the
fifteenth day of February, two thousand nine. An application for an
abatement pursuant to this section for the fiscal year commencing in
calendar year two thousand ten shall be made no later than the fifteenth
day of February, two thousand ten. An application for an abatement
pursuant to this section for the fiscal year commencing in calendar year
two thousand eleven shall be made no later than the fifteenth day of
February, two thousand eleven. An application for an abatement pursuant
to this section for the fiscal years commencing in calendar years two
thousand twelve and two thousand thirteen shall be made in accordance
with subdivision three-e of this section. The date or dates by which
applications for an abatement pursuant to this section shall be made for
the fiscal year beginning in calendar year two thousand fourteen shall
be established by the commissioner of finance by rule, provided that
such date or dates shall not be later than the fifteenth day of February
for such calendar year. APPLICATIONS FOR AN ABATEMENT PURSUANT TO THIS
SECTION FOR THE FISCAL YEARS COMMENCING IN CALENDAR YEARS TWO THOUSAND
FIFTEEN, TWO THOUSAND SIXTEEN AND TWO THOUSAND SEVENTEEN SHALL BE MADE
NO LATER THAN THE FIFTEENTH DAY OF MARCH FOR EACH RESPECTIVE CALENDAR
YEAR.
(b) (I) An application for an abatement pursuant to this section shall
be submitted to the commissioner of finance by the board of managers of
a condominium or the board of directors of a cooperative apartment
corporation, provided that the commissioner of finance may by rule
require the owner of a dwelling unit to submit an application to supple-
ment information contained in the application submitted by the board of
managers of a condominium or the board of directors of a cooperative
apartment corporation and may by rule apply and adjust, as appropriate,
any provisions of this section that relate to applications submitted by
such boards to applications submitted by such owners.
(II) NOTWITHSTANDING SUBPARAGRAPH (I) OF THIS PARAGRAPH OR ANY OTHER
PROVISION OF LAW TO THE CONTRARY, THE COMMISSIONER OF FINANCE MAY BY
RULE REQUIRE THAT APPLICATIONS BE SUBMITTED BY DWELLING UNIT OWNERS
INSTEAD OF, OR IN ADDITION TO, THOSE SUBMITTED BY THE BOARD OF MANAGERS
OF A CONDOMINIUM OR THE BOARD OF DIRECTORS OF A COOPERATIVE APARTMENT
CORPORATION FOR APPLICATIONS FOR FISCAL YEARS COMMENCING IN CALENDAR
YEAR TWO THOUSAND FIFTEEN OR LATER.
(c) (I) No abatement pursuant to this section shall be granted unless
the applicant files an application for an abatement within the time
periods prescribed in paragraph (a) of this subdivision or subdivision
three-a, three-b, three-c, three-d or three-e of this section, provided,
however, that the commissioner of finance may, for good cause shown,
extend the time for filing an application.
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(II) NOTWITHSTANDING SUBPARAGRAPH (I) OF THIS PARAGRAPH OR ANY OTHER
PROVISION OF LAW TO THE CONTRARY, THE COMMISSIONER OF FINANCE MAY
PROVIDE BY RULE THAT APPLICATIONS ARE NOT REQUIRED TO BE FILED ON AN
ANNUAL BASIS.
S 4. This act shall take effect immediately.