S T A T E O F N E W Y O R K
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4136--C
Cal. No. 326
2017-2018 Regular Sessions
I N S E N A T E
February 3, 2017
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Introduced by Sens. LANZA, FELDER -- read twice and ordered printed, and
when printed to be committed to the Committee on Cities -- recommitted
to the Committee on Cities in accordance with Senate Rule 6, sec. 8 --
reported favorably from said committee, ordered to first report,
amended on first report, ordered to a second report and ordered
reprinted, retaining its place in the order of second report --
ordered to a third reading, amended and ordered reprinted, retaining
its place in the order of third reading -- again amended and ordered
reprinted, retaining its place in the order of third reading
AN ACT to amend the real property tax law, in relation to a rebate of
real property taxes on certain residential real property in a city
having a population of one million or more
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The section heading of section 467-e of the real property
tax law, as added by section 1 of part V of chapter 60 of the laws of
2004, is amended to read as follows:
Rebate for owners or tenant-stockholders of one, two [or], three,
FOUR, FIVE OR SIX family residences or residential property held in the
condominium or cooperative form of ownership in a city having a popu-
lation of one million or more.
§ 2. Subdivision 1 of section 467-e of the real property tax law, as
amended by chapter 483 of the laws of 2007, is amended to read as
follows:
1. Generally. Notwithstanding any provision of any general, special or
local law to the contrary, any city having a population of one million
or more is hereby authorized and empowered to adopt and amend local laws
in accordance with this section to grant a rebate of real property taxes
for THE fiscal years beginning on the first of July, two thousand
[three] EIGHTEEN and ending on the thirtieth of June, two thousand
[nine] TWENTY in the amount of [the lesser of] UP TO four hundred
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09732-08-8
S. 4136--C 2
dollars [or] BUT IN NO CASE MORE THAN the annual tax liability imposed
on the property. [No such local law may be adopted unless, as originally
adopted, it authorizes such rebate to be granted in accordance with this
section for three consecutive fiscal years beginning with the fiscal
year beginning on the first of July, two thousand three. No such rebate
shall be granted by local law for any fiscal year beginning on or after
the first of July, two thousand nine, unless the council of such city,
in fixing the annual tax rates for any such fiscal year, shall have
uniformly reduced such rates for all classes of property in order to
produce real property tax relief among such classes of property in an
amount not less than, in the aggregate, the aggregate amount of rebate
paid in such fiscal year. No such local law implementing the provisions
of this section, as amended by the chapter of the laws of two thousand
seven which added this sentence, may be adopted unless, as originally
adopted, such local law authorizes such rebate to be granted in accord-
ance with this section for three consecutive fiscal years beginning with
the fiscal year beginning on the first of July, two thousand six.] Any
rebate authorized by local law in accordance with this section shall be
paid in the fiscal year following the fiscal year for which the rebate
is granted. [If, with respect to the fiscal year of such city beginning
on the first of July, two thousand eight and ending on the thirtieth of
June, two thousand nine, an increase in average real property tax rates
would otherwise be necessary in the resolution of such city council
fixing real property tax rates for such fiscal year pursuant to the
charter of such city, then the rebate to be paid for such fiscal year
shall be reduced or eliminated as follows: where the sum to be raised by
such increase is less than seven hundred fifty million dollars, then
such rebate shall be reduced by fifty cents for each dollar of increase,
and where the sum to be raised by such increase is seven hundred fifty
million dollars or more, then such rebate shall be eliminated. The
determination of the reduction or elimination of such rebate shall be
set forth in such resolution after consultation with the department of
finance of such city and shall take effect upon the final adoption of
such resolution.] Such rebate shall be paid to an owner or tenant-stock-
holder who, as of the date the application provided for in subdivision
four of this section is due, owns a one, two [or], three, FOUR, FIVE OR
SIX family residence or a dwelling unit in residential property held in
the condominium or cooperative form of ownership that is the owner or
tenant-stockholder's primary residence and meets all other eligibility
requirements of this section, UNLESS THE LOCAL LEGISLATIVE BODY PROVIDES
BY LOCAL LAW THAT ONLY OWNERS OR TENANT-STOCKHOLDERS OF A SUBSET OF
THOSE PROPERTY TYPES ARE ELIGIBLE TO BE PAID THE REBATE. THE LOCAL
LEGISLATIVE BODY MAY BY LOCAL LAW RESTRICT ELIGIBILITY ON THE BASIS OF
WHETHER AN OWNER OR TENANT-STOCKHOLDER IS RECEIVING A PARTICULAR OTHER
BENEFIT PURSUANT TO THIS CHAPTER OR THE PRIVATE HOUSING FINANCE LAW.
[Notwithstanding anything to the contrary in sections four hundred twen-
ty-one-a, four hundred twenty-one-b or four hundred twenty-one-g of this
title, an owner or tenant-stockholder whose property is receiving bene-
fits pursuant to such sections shall not be prohibited from receiving a
rebate pursuant to this section if such owner or tenant-stockholder is
otherwise eligible to receive such rebate. Tenant-stockholders of
dwelling units in a cooperative apartment corporation incorporated as a
mutual company pursuant to article two, four, five or eleven of the
private housing finance law shall not be entitled to the rebate author-
ized by this section.] Such rebate shall be paid by the commissioner of
S. 4136--C 3
finance to eligible owners or tenant-stockholders in accordance with
rules promulgated by the commissioner of finance.
§ 3. Subparagraph 1 of paragraph a of subdivision 2 of section 467-e
of the real property tax law, as added by section 1 of part V of chapter
60 of the laws of 2004, is amended to read as follows:
(1) the property must be a one, two [or], three, FOUR, FIVE OR SIX
family residence or residential property held in the condominium or
cooperative form of ownership UNLESS OTHERWISE SET FORTH IN THE LOCAL
LAW ADOPTED BY THE LOCAL LEGISLATIVE BODY IN ACCORDANCE WITH SUBDIVISION
ONE OF THIS SECTION;
§ 4. Subparagraph 3 of paragraph a of subdivision 2 of section 467-e
of the real property tax law, as added by section 1 of part V of chapter
60 of the laws of 2004, is amended to read as follows:
(3) the owner must not be in arrears in the payment of real property
taxes in an amount in excess of twenty-five dollars for the fiscal year
for which the rebate is claimed and all prior fiscal years, and for
residential property held in the cooperative form of ownership, there
must be no arrears in the payment of real property taxes in an amount in
excess of an average of twenty-five dollars per dwelling unit in such
cooperative apartment corporation for the fiscal year for which the
rebate is claimed and all prior fiscal years, EXCEPT THAT IF THE OWNER
HAS ENTERED INTO AN INSTALLMENT AGREEMENT WITH THE CITY TO ADDRESS SUCH
ARREARS AND IS NOT IN DEFAULT ON SUCH AGREEMENT, SUCH OWNER WOULD BE
ELIGIBLE TO RECEIVE THE REBATE, HOWEVER THE AMOUNT OF SUCH REBATE SHALL
FIRST BE APPLIED TO THE INSTALLMENT AGREEMENT WITH ANY EXCESS AMOUNT
PROVIDED TO THE OWNER IN THE FORM OF A REBATE.
§ 5. Paragraph c of subdivision 3 of section 467-e of the real proper-
ty tax law, as added by section 1 of part V of chapter 60 of the laws of
2004, is amended to read as follows:
c. "Property" means a one, two [or], three, FOUR, FIVE OR SIX family
residence or a dwelling unit in residential property held in the condo-
minium or cooperative form of ownership OR SUCH SUBSET OF PROPERTY TYPE
AS SET FORTH IN THE LOCAL LAW ADOPTED BY THE LOCAL LEGISLATIVE BODY.
§ 6. Paragraph a of subdivision 4 of section 467-e of the real proper-
ty tax law, as amended by chapter 483 of the laws of 2007, is amended to
read as follows:
a. Generally. Notwithstanding any provision of any general, special or
local law to the contrary, an application for a rebate pursuant to this
section for the fiscal year beginning the first of July, two thousand
[three] EIGHTEEN, shall be made no later than the date published by the
commissioner of finance in the city record and in other appropriate
general notices pursuant to this subdivision, which date shall be no
earlier than thirty days after the effective date of this subdivision.
[An application for a rebate pursuant to this section for fiscal years
beginning on or after the first of July, two thousand four and ending on
the thirtieth of June, two thousand six, shall be made no later than the
fifteenth of March of the fiscal year for which the rebate is claimed.
An application for a rebate pursuant to this section for fiscal years
beginning on or after the first of July, two thousand six, shall be made
no later than the first of September following the fiscal year for which
the rebate is claimed.] AN APPLICATION FOR A REBATE PURSUANT TO THIS
SECTION SHALL BE MADE NO LATER THAN THE FIFTEENTH OF MARCH OF THE FISCAL
YEAR FOR WHICH THE REBATE IS CLAIMED. All owners or tenant-stockholders
of property who primarily reside thereon must jointly file an applica-
tion for the rebate on or before the application deadline, unless such
owners or tenant-stockholders currently receive a real property tax
S. 4136--C 4
exemption pursuant to section four hundred twenty-five, four hundred
fifty-eight, four hundred fifty-eight-a, four hundred fifty-nine-c or
four hundred sixty-seven of this title, in which case no separate appli-
cation for a rebate pursuant to this section shall be required. [Such]
THE COMMISSIONER OF FINANCE MAY DETERMINE THE MANNER BY WHICH SUCH
APPLICATION MAY BE FILED AND MAY REQUIRE THAT SUCH application [may] be
filed by mail if it is enclosed in a postpaid envelope properly
addressed to the commissioner of finance, deposited in a post office or
official depository under the exclusive care of the United States postal
service, and postmarked by the United States postal service on or before
the application deadline OR SUBMITTED ONLINE. Each such application
shall be made on a form prescribed by the commissioner of finance, which
shall require the applicant to agree to notify the commissioner of
finance if his, her or their primary residence changes after receiving
the rebate pursuant to this section, or after filing an application for
such rebate, if his, her or their primary residence changes after filing
such application, but before receiving such rebate. The commissioner of
finance may request that proof of primary residence be submitted with
the application. No rebate pursuant to this section shall be granted
unless the applicant, if required to do so by this subdivision, files an
application within the time periods prescribed in this subdivision.
§ 7. This act shall take effect immediately.
