S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10983
 
                           I N  A S S E M B L Y
 
                               May 29, 2018
                                ___________
 
 Introduced  by M. of A. GLICK -- read once and referred to the Committee
   on Real Property Taxation
 
 AN ACT to amend the real property tax law, in relation  to  local  laws,
   ordinances  or  resolutions  providing for the abatement of taxes in a
   city with a population of one million or more persons
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph a of subdivision 1 of section 467-b of the real
 property tax law, as amended by chapter 576 of  the  laws  of  1974,  is
 amended to read as follows:
   a.  "Dwelling  unit"  means that part of a dwelling in which a head of
 the household resides and which is subject to either the emergency hous-
 ing rent control law or to the rent and rehabilitation law of  the  city
 of New York enacted pursuant to the local emergency housing rent control
 law,  or to the emergency tenant protection act of nineteen seventy-four
 OR IS A DWELLING UNIT CONTAINED IN REAL PROPERTY DESCRIBED  IN  SUBDIVI-
 SION ELEVEN OF THIS SECTION;
   § 2. Paragraph a of subdivision 1 of section 467-b of the real proper-
 ty tax law, as amended by chapter 689 of the laws of 1972, is amended to
 read as follows:
   a.  "Dwelling  unit"  means that part of a dwelling in which a head of
 the household resides and which is subject to either  emergency  housing
 rent  control  law  or to rent and rehabilitation law of the city of New
 York enacted pursuant to the local law enacted  pursuant  to  the  local
 emergency  housing  rent  control law OR IS A DWELLING UNIT CONTAINED IN
 REAL PROPERTY DESCRIBED IN SUBDIVISION ELEVEN OF THIS SECTION;
   § 3. Section 467-b of the real property tax law is amended by adding a
 new subdivision 11 to read as follows:
   11. IN A CITY WITH A POPULATION OF ONE MILLION OR MORE, ANY SUCH LOCAL
 LAW, ORDINANCE OR RESOLUTION MAY PROVIDE FOR THE ABATEMENT OF  TAXES  OF
 SUCH CITY IMPOSED ON:
   (A)  REAL PROPERTY ORIGINALLY ORGANIZED PURSUANT TO ARTICLE TWO OF THE
 PRIVATE HOUSING FINANCE LAW CONTAINING DWELLING UNITS IN WHICH THE QUAL-
 IFYING HEAD OF HOUSEHOLD OR THEIR QUALIFYING SUCCESSOR IN INTEREST:  (I)
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD11633-01-7

 A. 10983                            2
 
 HAS A SIGNED AGREEMENT WITH THE LANDLORD TO LIMIT INCREASES  IN  MAXIMUM
 RENT  TO AN AMOUNT BASED ON WHAT IS ORDERED BY THE RENT GUIDELINES BOARD
 FOR THE LIFETIME OF THE TENANCY, WHICH AMOUNT MAY BE  LESS  THAN,  EQUAL
 TO,  OR GREATER THAN THE AMOUNT SO ORDERED BY THE RENT GUIDELINES BOARD,
 AND (II) IS OTHERWISE ELIGIBLE FOR THE TAX ABATEMENT  PROVIDED  IN  THIS
 SECTION,  REGARDLESS  OF  WHETHER SUCH REAL PROPERTY IS STILL SUBJECT TO
 THE REGULATIONS OF SAID ARTICLE; OR
   (B) REAL PROPERTY CONTAINING DWELLING UNITS IN  WHICH  THE  QUALIFYING
 HEAD  OF  HOUSEHOLD OR THEIR QUALIFYING SUCCESSOR IN INTEREST: (I) HAS A
 SIGNED AGREEMENT  WITH THE LANDLORD TO LIMIT INCREASES IN  MAXIMUM  RENT
 TO  AN AMOUNT EQUAL TO OR LESS THAN THOSE ORDERED BY THE RENT GUIDELINES
 BOARD FOR THE LIFETIME OF THE TENANCY, AND (II)  IS  OTHERWISE  ELIGIBLE
 FOR THE TAX ABATEMENT PROVIDED IN THIS SECTION;
   (C) PROVIDED, HOWEVER, THAT THE APPLICATION FOR ANY ABATEMENT PURSUANT
 TO  THIS  SUBDIVISION  SHALL  BE SUBJECT TO THE APPROVAL OF THE NEW YORK
 CITY DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT, IN SUCH DEPART-
 MENT'S DISCRETION.
   § 4. Paragraph b of subdivision 1 of section 467-c of the real proper-
 ty tax law, as amended by chapter 420 of the laws of 1991, is amended to
 read as follows:
   b. "Dwelling unit" means that part of a dwelling in which an  eligible
 head  of the household resides and which is subject to the provisions of
 either Article II, IV, V, or XI of the private housing finance  law;  or
 that  part of a dwelling which was or continues to be subject to a mort-
 gage insured or initially insured by the federal government pursuant  to
 section two hundred thirteen of the National Housing Act, as amended, in
 which  an eligible head of the household resides OR IS A UNIT IN A HOUS-
 ING DEVELOPMENT DESCRIBED IN SUBDIVISION THIRTEEN OF THIS SECTION.
   § 5. Section 467-c of the real property tax law is amended by adding a
 new subdivision 13 to read as follows:
   13. IN A CITY WITH A POPULATION OF ONE MILLION OR MORE, ANY SUCH LOCAL
 LAW, ORDINANCE OR RESOLUTION MAY PROVIDE FOR THE ABATEMENT OF  TAXES  OF
 SUCH CITY IMPOSED ON:
   (A)  REAL PROPERTY ORIGINALLY ORGANIZED PURSUANT TO ARTICLE TWO OF THE
 PRIVATE HOUSING FINANCE LAW CONTAINING DWELLING UNITS IN WHICH THE QUAL-
 IFYING HEAD OF HOUSEHOLD OR THEIR QUALIFYING SUCCESSOR IN INTEREST:  (I)
 HAS A SIGNED AGREEMENT WITH THE LANDLORD TO LIMIT INCREASES  IN  MAXIMUM
 RENT  TO AN AMOUNT BASED ON WHAT IS ORDERED BY THE RENT GUIDELINES BOARD
 FOR THE LIFETIME OF THE TENANCY, WHICH AMOUNT MAY BE  LESS  THAN,  EQUAL
 TO,  OR GREATER THAN THE AMOUNT SO ORDERED BY THE RENT GUIDELINES BOARD,
 AND (II) IS OTHERWISE ELIGIBLE FOR THE TAX ABATEMENT  PROVIDED  IN  THIS
 SECTION,  REGARDLESS  OF  WHETHER SUCH REAL PROPERTY IS STILL SUBJECT TO
 THE REGULATIONS OF SAID ARTICLE; OR
   (B) REAL PROPERTY CONTAINING DWELLING UNITS IN  WHICH  THE  QUALIFYING
 HEAD  OF  HOUSEHOLD OR THEIR QUALIFYING SUCCESSOR IN INTEREST: (I) HAS A
 SIGNED AGREEMENT WITH THE LANDLORD TO LIMIT INCREASES IN MAXIMUM RENT TO
 AN AMOUNT EQUAL TO OR LESS THEN THOSE ORDERED  BY  THE  RENT  GUIDELINES
 BOARD  FOR  THE  LIFETIME OF THE TENANCY, AND (II) IS OTHERWISE ELIGIBLE
 FOR THE TAX ABATEMENT PROVIDED IN THIS SECTION;
   (C) PROVIDED, HOWEVER, THAT THE APPLICATION FOR ANY ABATEMENT PURSUANT
 TO THIS SUBDIVISION SHALL BE SUBJECT TO THE APPROVAL  OF  THE  NEW  YORK
 CITY DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT, IN SUCH DEPART-
 MENT'S DISCRETION.
   § 6. This act shall take effect immediately; provided, however, that:
   (a) the amendments to paragraph a of subdivision 1 of section 467-b of
 the  real  property  tax  law  made  by section one of this act shall be

 A. 10983                            3
 
 subject to the expiration and reversion  of  such  section  pursuant  to
 section  17  of  chapter  576 of the laws of 1974, as amended, when upon
 such date the provisions of section two of this act shall  take  effect;
 and
   (b)  the amendments to section 467-b of the real property tax law made
 by section three of this act shall survive the expiration and  reversion
 of  such section as provided in section 17 of chapter 576 of the laws of
 1974, as amended.