S T A T E   O F   N E W   Y O R K
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                                  4372

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 31, 2011
                               ___________

Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Local Government

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
        that; (i) such house structures and  land  constituted  bungalow

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10258-01-1
              

S. 4372                             2

        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;
  S 2. This act shall take effect on the first of January next  succeed-
ing the date on which it shall have become a law.