NY State Senate Bill 2015-S618A

Archive: Last Bill Status - In Senate Committee Local Government 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 15, 2016	print number 618a
Jan 15, 2016	amend and recommit to local government
Jan 06, 2016	referred to local government
Jan 07, 2015	referred to local government

Bill Amendments

Original

A (Active)

2015-S618 - Details

See Assembly Version of this Bill:: A5484
Current Committee:: Senate Local Government
Law Section:: Real Property Tax Law
Laws Affected:: Amd §581, RPT L; amd §339-y, RP L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S255, A5724
2011-2012: S546, A4981
2013-2014: S1000, A682
2017-2018: S1191, A2874
2019-2020: S7057, A5221
2021-2022: S5946, A3491
2023-2024: S4065, A1292

2015-S618 - Summary

Relates to the taxation of property owned by a cooperative corporation.

2015-S618 - Sponsor Memo

                                 BILL NUMBER:  S618          REVISED MEMO 01/21/2015

 TITLE OF BILL :  An act to amend the real property tax law and the
real property law, in relation to the taxation of property owned by a
cooperative corporation

 PURPOSE :

To allow a municipal corporation to pass a local law or resolution
that would make the provisions of paragraph (a) of subdivision 581 of
the real property tax law not apply to real property, owned or leased
by a cooperative corporation on a condominium basis, that is converted
or constructed on and after January 1, 2017.

 SUMMARY OF PROVISIONS :

Section 1 adds paragraph (d) to section 581 of the real property tax
law, allowing municipal corporations to remove the limitations in that
section on assessments on condominiums and cooperatives converted or
constructed on and after January 1, 2017 in all municipal
corporations, except New York City and Nassau County.

Section 2 adds paragraph (g) to section 339-y of the real property law
allowing municipal corporations to remove the limitations in that
section on assessments on condominiums and cooperative converted or
constructed on and after January 1, 2017 in any municipal corporations

except New York City and Nassau County.

Section 3 Contains effective date

 EXISTING LAW :

 JUSTIFICATION :

As currently written, the real property tax law and real property law
does not allow the sum of the assessments of individual cooperative or
condominium units to exceed the value of the entire complex if it was
valued as a single entity. The restriction tends to reduce condominium
and cooperative assessments by preventing the use of sales of units in
the assessment process. The Office of Real Property Services,
assessors and other local officials generally consider the
restrictions an unreasonable state mandate which unfairly limits the
revenue-raising abilities of local governments. Assessors and
appraisers also Cite the difficulties they encounter when they are
forced to ignore market information--usually the best indicator of
value--in developing estimates of taxable value. This bill would allow
municipal corporations to value newly constructed and converted
cooperative and condominium units as they would other real property to
alleviate any negative impacts placed on the locality by the current
statute.

 LEGISLATIVE HISTORY :

2013-2014: S.1000 Referred to Local Governments; A.682 Referred to
Ways & Means
2011-12: S.546 Referred to Local Governments; A.4981 Ways & Means
2009-10: S.255 Referred to Local Government; A.5724 Ways & Means
2008: S.7727 3rd Reading: A.10730 Ways & Means

 FISCAL IMPLICATIONS :

To be determined.

 LOCAL FISCAL IMPLICATIONS :

To be determined.
 EFFECTIVE DATE :
This act shall take effect immediately and shall apply to assessment
rolls prepared on the basis of taxable status dates occurring on or
after January 1, 2017.

2015-S618 - Bill Text download pdf

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

                                   618

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  Sen.  LITTLE -- 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 and the real property law,  in
  relation  to  the  taxation  of property owned by a cooperative corpo-
  ration

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

  Section  1.  Subdivision 1 of section 581 of the real property tax law
is amended by adding a new paragraph (d) to read as follows:
  (D) THE PROVISIONS OF PARAGRAPH (A)  OF  THIS  SUBDIVISION  SHALL  NOT
APPLY  TO  REAL PROPERTY OWNED OR LEASED BY A COOPERATIVE CORPORATION OR
ON A CONDOMINIUM BASIS IN A MUNICIPAL CORPORATION, OTHER THAN A  SPECIAL
ASSESSING  UNIT,  WHICH HAS ADOPTED, PRIOR TO THE TAXABLE STATUS DATE OF
THE ASSESSMENT ROLL UPON WHICH ITS TAXES WILL BE LEVIED, A LOCAL LAW OR,
FOR A SCHOOL DISTRICT, A RESOLUTION PROVIDING  THAT  THE  PROVISIONS  OF
PARAGRAPH  (A) OF THIS SUBDIVISION SHALL NOT APPLY TO SUCH REAL PROPERTY
WITHIN THAT MUNICIPAL CORPORATION; PROVIDED, HOWEVER, THE PROVISIONS  OF
THIS  PARAGRAPH  SHALL  NOT  APPLY TO REAL PROPERTY OWNED OR LEASED BY A
COOPERATIVE CORPORATION OR ON A CONDOMINIUM BASIS THAT HAD  BEEN  PREVI-
OUSLY  SUBJECT  TO  THE  PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVISION
PRIOR TO JANUARY FIRST, TWO THOUSAND SEVENTEEN.
  S 2. Subdivision 1 of section  339-y  of  the  real  property  law  is
amended by adding a new paragraph (g) to read as follows:
  (G)  THE  PROVISIONS  OF  PARAGRAPH  (B) OF THIS SUBDIVISION SHALL NOT
APPLY TO REAL PROPERTY OWNED OR LEASED BY A COOPERATIVE  CORPORATION  OR
ON  A  CONDOMINIUM BASIS IN A MUNICIPAL CORPORATION OTHER THAN A SPECIAL
ASSESSING UNIT, WHICH HAS ADOPTED, PRIOR TO THE TAXABLE STATUS  DATE  OF
THE ASSESSMENT ROLL UPON WHICH ITS TAXES WILL BE LEVIED, A LOCAL LAW OR,
FOR  A  SCHOOL  DISTRICT,  A RESOLUTION PROVIDING THAT THE PROVISIONS OF
PARAGRAPH (B) OF THIS SUBDIVISION SHALL NOT APPLY TO SUCH REAL  PROPERTY

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

                                                           LBD00055-01-5

S. 618                              2

WITHIN  THAT MUNICIPAL CORPORATION; PROVIDED, HOWEVER, THE PROVISIONS OF
THIS PARAGRAPH SHALL NOT APPLY TO REAL PROPERTY OWNED  OR  LEASED  BY  A
COOPERATIVE  CORPORATION  OR ON A CONDOMINIUM BASIS THAT HAD BEEN PREVI-
OUSLY  SUBJECT  TO  THE  PROVISIONS OF PARAGRAPH (B) OF THIS SUBDIVISION
PRIOR TO JANUARY FIRST, TWO THOUSAND SEVENTEEN.
  S 3. This act shall take effect immediately and shall apply to assess-
ment rolls prepared on the basis of taxable status dates occurring on or
after January 1, 2017.

2015-S618A (ACTIVE) - Details

See Assembly Version of this Bill:: A5484
Current Committee:: Senate Local Government
Law Section:: Real Property Tax Law
Laws Affected:: Amd §581, RPT L; amd §339-y, RP L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S255, A5724
2011-2012: S546, A4981
2013-2014: S1000, A682
2017-2018: S1191, A2874
2019-2020: S7057, A5221
2021-2022: S5946, A3491
2023-2024: S4065, A1292

2015-S618A (ACTIVE) - Summary

Relates to the taxation of property owned by a cooperative corporation.

2015-S618A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S618A

 TITLE OF BILL :  An act to amend the real property tax law and the
real property law, in relation to the taxation of property owned by a
cooperative corporation

 PURPOSE :  To allow a municipal corporation to pass a local law or
resolution that would make the provisions of paragraph (a) of
subdivision 581 of the real property tax law not apply to real
property, owned or leased by a cooperative corporation on a
condominium basis, that is converted or constructed on and after
January 1, 2018.

 SUMMARY OF PROVISIONS :

Section 1 adds paragraph (d) to section 581 of the real property tax
law, allowing municipal corporations to remove the limitations in that
section on assessments on condominiums and cooperatives converted or
constructed on and after January 1, 2018 in all municipal
corporations, except New York City and Nassau County.

Section 2 adds paragraph (g) to section 339-y of the real property law
allowing municipal corporations to remove the limitations in that
section on assessments on condominiums and cooperative converted or
constructed on and after January 1, 2018 in any municipal corporations
except New York City and Nassau County.

Section 3 Contains effective date

 JUSTIFICATION :  As currently written, the real property tax law and
real property law does not allow the sum of the assessments of
individual cooperative or condominium units to exceed the value of the
entire complex if it was valued as a single entity. The restriction
tends to reduce condominium and cooperative assessments by preventing
the use of sales of units in the assessment process. The Office of
Real Property Services, assessors and other local officials generally
consider the restrictions an unreasonable state mandate which unfairly
limits the revenue-raising abilities of local governments. Assessors
and appraisers also Cite the difficulties they encounter when they are
forced to ignore market information--usually the best indicator of
value--in developing estimates of taxable value. This bill would allow
municipal corporations to value newly constructed and converted
cooperative and condominium units as they would other real property to
alleviate any negative impacts placed on the locality by the current
statute.

 LEGISLATIVE HISTORY :  2013-2014: S. 1000 Referred to Local
Governments; A. 682 Referred to Ways & Means 2011-12: S. 546 Referred
to Local Governments; A. 4981 Ways & Means 2009-10: S. 255 Referred to
Local Government; A. 5724 Ways & Means 2008: S. 7727 3rd Reading: A.
10730 Ways & Means

 FISCAL IMPLICATIONS :  To be determined.

 LOCAL FISCAL IMPLICATIONS :  To be determined.

 EFFECTIVE DATE :  This act shall take effect immediately and shall
apply to assessment rolls prepared on the basis of taxable status
dates occurring on or after January 1, 2018.

2015-S618A (ACTIVE) - Bill Text download pdf

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

                                 618--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  Sen.  LITTLE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Local Government -- recom-
  mitted to the Committee on Local Government in accordance with  Senate
  Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the real property tax law and the real property law,  in
  relation  to  the  taxation  of property owned by a cooperative corpo-
  ration

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

  Section  1.  Subdivision 1 of section 581 of the real property tax law
is amended by adding a new paragraph (d) to read as follows:
  (D) THE PROVISIONS OF PARAGRAPH (A)  OF  THIS  SUBDIVISION  SHALL  NOT
APPLY  TO  REAL PROPERTY OWNED OR LEASED BY A COOPERATIVE CORPORATION OR
ON A CONDOMINIUM BASIS IN A MUNICIPAL CORPORATION, OTHER THAN A  SPECIAL
ASSESSING  UNIT,  WHICH HAS ADOPTED, PRIOR TO THE TAXABLE STATUS DATE OF
THE ASSESSMENT ROLL UPON WHICH ITS TAXES WILL BE LEVIED, A LOCAL LAW OR,
FOR A SCHOOL DISTRICT, A RESOLUTION PROVIDING  THAT  THE  PROVISIONS  OF
PARAGRAPH  (A) OF THIS SUBDIVISION SHALL NOT APPLY TO SUCH REAL PROPERTY
WITHIN THAT MUNICIPAL CORPORATION; PROVIDED, HOWEVER, THE PROVISIONS  OF
THIS  PARAGRAPH  SHALL  NOT  APPLY TO REAL PROPERTY OWNED OR LEASED BY A
COOPERATIVE CORPORATION OR ON A CONDOMINIUM BASIS THAT HAD  BEEN  PREVI-
OUSLY  SUBJECT  TO  THE  PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVISION
PRIOR TO JANUARY FIRST, TWO THOUSAND EIGHTEEN.
  S 2. Subdivision 1 of section  339-y  of  the  real  property  law  is
amended by adding a new paragraph (g) to read as follows:
  (G)  THE  PROVISIONS  OF  PARAGRAPH  (B) OF THIS SUBDIVISION SHALL NOT
APPLY TO REAL PROPERTY OWNED OR LEASED BY A COOPERATIVE  CORPORATION  OR
ON  A  CONDOMINIUM BASIS IN A MUNICIPAL CORPORATION OTHER THAN A SPECIAL
ASSESSING UNIT, WHICH HAS ADOPTED, PRIOR TO THE TAXABLE STATUS  DATE  OF

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

                                                           LBD00055-02-6

S. 618--A                           2

THE ASSESSMENT ROLL UPON WHICH ITS TAXES WILL BE LEVIED, A LOCAL LAW OR,
FOR  A  SCHOOL  DISTRICT,  A RESOLUTION PROVIDING THAT THE PROVISIONS OF
PARAGRAPH (B) OF THIS SUBDIVISION SHALL NOT APPLY TO SUCH REAL  PROPERTY
WITHIN  THAT MUNICIPAL CORPORATION; PROVIDED, HOWEVER, THE PROVISIONS OF
THIS PARAGRAPH SHALL NOT APPLY TO REAL PROPERTY OWNED  OR  LEASED  BY  A
COOPERATIVE  CORPORATION  OR ON A CONDOMINIUM BASIS THAT HAD BEEN PREVI-
OUSLY SUBJECT TO THE PROVISIONS OF PARAGRAPH  (B)  OF  THIS  SUBDIVISION
PRIOR TO JANUARY FIRST, TWO THOUSAND EIGHTEEN.
  S 3. This act shall take effect immediately and shall apply to assess-
ment rolls prepared on the basis of taxable status dates occurring on or
after January 1, 2018.

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Senate Bill S618A

Sponsored By

Archive: Last Bill Status - In Senate Committee Local Government Committee

Bill Amendments

2015-S618 - Details

2015-S618 - Summary

2015-S618 - Sponsor Memo

2015-S618 - Bill Text download pdf

2015-S618A (ACTIVE) - Details

2015-S618A (ACTIVE) - Summary

2015-S618A (ACTIVE) - Sponsor Memo

2015-S618A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S618A

Share this bill

Sponsored By

Betty Little

Archive: Last Bill Status - In Senate Committee Local Government Committee

Bill Amendments

2015-S618 - Details

2015-S618 - Summary

2015-S618 - Sponsor Memo

2015-S618 - Bill Text download pdf

2015-S618A (ACTIVE) - Details

2015-S618A (ACTIVE) - Summary

2015-S618A (ACTIVE) - Sponsor Memo

2015-S618A (ACTIVE) - Bill Text download pdf

Comments