Assembly Bill A9838

2015-2016 Legislative Session

Relates to imposing a school impact tax on developers of non-senior housing developments

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Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2015-A9838 (ACTIVE) - Details

Current Committee:
Assembly Cities
Law Section:
New York City Administrative Code
Laws Affected:
Amd §28-118.6, add §11-238.1, NYC Ad Cd
Versions Introduced in Other Legislative Sessions:
2017-2018: A3378
2019-2020: A1094
2021-2022: A5777
2023-2024: A3974
2025-2026: A1346

2015-A9838 (ACTIVE) - Summary

Relates to imposing a school impact tax on developers of non-senior housing developments to be used for the construction of new public kindergarten through twelfth grade schools.

2015-A9838 (ACTIVE) - Bill Text download pdf 

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

                                  9838

                          I N  A S S E M B L Y

                             April 14, 2016
                               ___________

Introduced  by  M.  of  A.  GLICK,  COOK, WALKER, SIMON -- read once and
  referred to the Committee on Cities

AN ACT to amend the administrative code of the  city  of  New  York,  in
  relation  to  imposing a school impact tax on developers of non-senior
  housing developments

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Section 28-118.6 of the administrative code of the city of
New York is amended by adding a new subdivision 15 to read as follows:
  15. THE AMOUNT TO BE TAXED TO THE DEVELOPER OR DEVELOPERS  OF  NEW  OR
CONVERTED  NON-SENIOR  HOUSING  UNDER  THE SCHOOL IMPACT TAX PURSUANT TO
SECTION 11-238.1 OF THIS CODE.
  S 2. The administrative code of the city of New  York  is  amended  by
adding a new section 11-238.1 to read as follows:
  S  11-238.1  SCHOOL IMPACT TAX ON NON-SENIOR HOUSING DEVELOPMENTS.  A.
IMPOSITION OF TAX.  A SCHOOL IMPACT TAX IS HEREBY IMPOSED ON ANY  DEVEL-
OPER  OR DEVELOPERS OF NEW OR CONVERTED NON-SENIOR HOUSING ON A PER-UNIT
BASIS, IN AN AMOUNT DETERMINED BY THE COMMISSIONER.
  B. NOTICE OF TAX. ANY DEVELOPER OR  DEVELOPERS  OF  NEW  OR  CONVERTED
NON-SENIOR HOUSING SHALL BE NOTIFIED OF SUCH SCHOOL IMPACT TAX WHEN THEY
RECEIVE  THEIR  CERTIFICATE OF OCCUPANCY PURSUANT TO SECTION 28-118.6 OF
THIS CODE.
  C. RULES. THE DEPARTMENT OF FINANCE SHALL HAVE,  IN  ADDITION  TO  ANY
OTHER  FUNCTIONS,  POWERS AND DUTIES WHICH HAVE BEEN OR MAY BE CONFERRED
ON IT BY LAW, THE POWER TO MAKE AND PROMULGATE RULES TO  CARRY  OUT  THE
PURPOSES  OF  THIS SECTION, INCLUDING, BUT NOT LIMITED TO, RULES RELATED
TO THE TIMING, FORM, MANNER AND DISTRIBUTION OF FUNDS COLLECTED PURSUANT
TO THIS SECTION.
  D. PURPOSE OF TAX. ALL FUNDS COLLECTED PURSUANT TO THIS SECTION  SHALL
BE SPECIFICALLY DESIGNATED FOR THE CONSTRUCTION OF NEW PUBLIC KINDERGAR-
TEN THROUGH TWELFTH GRADE SCHOOLS.
  E. PENALTIES. NOTWITHSTANDING ANY PROVISION OF ANY GENERAL, SPECIAL OR
LOCAL LAW TO THE CONTRARY, A DEVELOPER OR DEVELOPERS SHALL BE PERSONALLY
RESPONSIBLE  FOR  ANY  TAXES OWED PURSUANT TO THIS SECTION WHENEVER SUCH

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

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