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

                                  1986

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 14, 2009
                               ___________

Introduced  by  M.  of  A. O'DONNELL, WRIGHT, PHEFFER, GLICK, ROSENTHAL,
  DINOWITZ -- read once and referred to the Committee on  Real  Property
  Taxation

AN  ACT  to  amend the real property tax law, in relation to the classi-
  fication of certain real property in a special assessing unit

  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 condomin-
        ium  form  of  ownership;  and  (c)  residential  real  property
        consisting of one family house structures owned by the occupant,
        situated  on land held in cooperative ownership by owner occupi-
        ers, provided that; (i) such house structures and  land  consti-
        tuted  bungalow  colonies in existence prior to nineteen hundred

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02830-01-9
              

A. 1986                             2

        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 subparagraphs (a) and (b) of this paragraph, be owned
        by the same owner as such immediately adjacent residential prop-
        erty  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  imme-
        diately   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 assess-
        ing unit which is not a city, provided  that  such  vacant  land
        which  is  not  zoned  residential  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 imme-
        diately prior to and since January 1, 2003; AND (F)  RESIDENTIAL
        REAL PROPERTY HELD IN CONDOMINIUM OR COOPERATIVE FORMS OF OWNER-
        SHIP  LOCATED  WITHIN  A  SPECIAL  ASSESSING UNIT WHICH IS NOT A
        COUNTY;
  S 2. This act shall take effect immediately and  shall  be  deemed  to
have  been in full force and effect on and after the first of January of
the year in which it shall have become a law and shall apply to  assess-
ment  rolls  prepared  pursuant to a taxable status date occurring on or
after such date.