S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5101
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 6, 2017
                                ___________
 
 Introduced  by M. of A. WEPRIN -- Multi-Sponsored by -- M. of A. COLTON,
   COOK, DINOWITZ, FINCH, GLICK, PERRY, RIVERA -- read once and  referred
   to the Committee on Real Property Taxation
 
 AN  ACT  to  amend the real property tax law, in relation to classifying
   certain cooperative and condominium properties as class one properties
   for assessment purposes
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph class one of subdivision 1 of section 1802 of the
 real property tax law, as amended by chapter 332 of the laws of 2008, is
 amended to read as follows:
   Class  one: (a) all one, two and three family residential real proper-
         ty, including such dwellings used  in  part  for  nonresidential
         purposes  but which are used primarily for residential purposes,
         except such property held in cooperative or condominium forms of
         ownership other than [(i)] property defined in subparagraphs (b)
         and (c) of this paragraph [and (ii) property which  contains  no
         more  than  three  dwelling  units  held  in condominium form of
         ownership and which was classified within this class on a previ-
         ous assessment roll]; and  provided  that,  notwithstanding  the
         provisions of paragraph (g) of subdivision twelve of section one
         hundred  two  of  this chapter, a mobile home or a trailer shall
         not be classified within this class unless it is  owner-occupied
         and  separately assessed; and (b) residential real property [not
         more than three stories in height] held in condominium  form  of
         ownership,  provided  that  [no dwelling unit therein previously
         was on an assessment roll as  a  dwelling  unit  in  other  than
         condominium form of ownership] SUCH DWELLING UNIT IS OCCUPIED BY
         ITS  OWNER; and (c) residential real property [consisting of one
         family house structures] owned by the occupant, situated on land
         held in cooperative  ownership  by  owner  occupiers[,  provided

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

                                                            LBD09079-01-7

 A. 5101                             2

         that;  (i)  such  house structures and land constituted bungalow
         colonies in existence prior to nineteen hundred forty; and  (ii)
         the  land  is held in cooperative ownership for the sole purpose
         of  maintaining  one family residences for members own use]; and
         (d) all vacant land located  within  a  special  assessing  unit
         which  is  a  city  (i)  other  than such land in the borough of
         Manhattan, provided that any such vacant land which is not zoned
         residential must be situated immediately  adjacent  to  property
         improved  with  a  residential  structure as defined in subpara-
         graphs (a) and (b) of this paragraph, be owned by the same owner
         as such immediately adjacent  residential  property  immediately
         prior  to  and  since January 1, 1989, and have a total area not
         exceeding 10,000 square feet; and (ii) located in the borough of
         Manhattan north of or adjacent to the north side of 110th street
         provided such vacant land was classified within  this  class  on
         the  assessment  roll  with  a taxable status date of January 5,
         2008 and the owner of such land  has  entered  into  a  recorded
         agreement  with  a governmental entity on or before December 31,
         2008 requiring construction of housing affordable to persons  or
         families  of low income in accordance with the provisions of the
         private housing finance law. Notwithstanding the foregoing, such
         vacant land shall be classified according  to  its  use  on  the
         assessment roll with a taxable status date immediately following
         commencement    of    construction,   provided   further,   that
         construction pursuant to an approved plan for affordable housing
         shall commence no later than December  31,  2010;  and  (e)  all
         vacant land located within a special assessing unit which is not
         a  city, provided that such vacant land which is not zoned resi-
         dential must be situated immediately adjacent to  real  property
         defined in subparagraph (a), (b) or (c) of this paragraph and be
         owned  by  the  same person or persons who own the real property
         defined in such subparagraph  immediately  prior  to  and  since
         January 1, 2003;
   §  2. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become a law.