NY State Senate Bill 2019-S2442

Senate Bill S2442

2019-2020 Legislative Session

Relates to extending certain filing deadlines for the industrial and commercial abatement program

download bill text pdf

Archive: Last Bill Status - In Senate Committee Cities 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to cities
Jan 24, 2019	referred to cities

2019-S2442 (ACTIVE) - Details

Current Committee:: Senate Cities
Law Section:: Real Property Tax Law
Laws Affected:: Amd §489-cccccc, RPT L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S8370
2021-2022: S5810
2023-2024: S2896

2019-S2442 (ACTIVE) - Summary

Relates to extending certain filing deadlines for the industrial and commercial abatement program by authorizing the department of finance to accept certain applications for an additional three months.

2019-S2442 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S2442

SPONSOR: COMRIE
 
TITLE OF BILL:

An act to amend the real property tax law, in relation to extending
certain filing deadlines for the industrial and commercial abatement
program

 
PURPOSE OR GENERAL IDEA OF BILL:

To allow businesses that were not able to comply with the original
Industrial and Commercial Abatement Program (ICAP) filing deadline--due
to additional procedural steps mandated by Local Law 67 of 2008--the
opportunity to re-file with the NYC Department of Finance for said bene-
fits.

 
SUMMARY OF PROVISIONS:

Section 1 enumerates a condition upon which ICAP benefits may be granted
to applicants who were otherwise qualified in every way and missed the

final application filing date owing to additional requirements imposed
by Local Law 67 of 2008 that created delay.

 
JUSTIFICATION:

The Industrial and Commercial Abatement Program (ICAP) is a tax abate-
ment in a city with more than one million persons. New York City has
used this enabling statute to adopt a local law and has a successful
1CAP abatement program. A complex formula credits businesses property
tax bills during the years construction is done to improve their proper-
ty. The purpose of this tax abatement was to incentivize businesses to
expand. The program has been very popular and the program has met with
success.

However, due to the original program structure, and dual filing dead-
lines (including a preliminary application and final application) many
otherwise eligible entities were not able to receive benefits because
intervening governmental actions (such as stop-work orders; permitting
issues and additional mandates) caused them to be unable to file the
final application in a timely manner, meaning one year after the prelim-
inary application.

Chapter 397 of the Laws of 2017 partially addressed these challenges by
granting the NYC Department of Finance the discretion to investigate the
circumstances of late filings and award benefits in cases that merit it,
prospectively. However, we still have a universe of businesses that were
denied benefits under the old model where there is clear evidence that a
governmental mandate-such as Local Law 67/2008 interfered with the abil-
ity to make a timely final application.  This bill creates a one-time,
three-month window for this specific subset of businesses to reapply for
benefits that they were., otherwise eligible for in every other way.

 
PRIOR LEGISLATIVE HISTORY:

2018: S 837 COMRIE Same as A 10533

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
Immediately.

2019-S2442 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2442
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 24, 2019
                                ___________
 
 Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Cities
 
 AN ACT to amend the real property tax  law,  in  relation  to  extending
   certain  filing  deadlines for the industrial and commercial abatement
   program

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subparagraph  (ii)  of  paragraph (a) of subdivision 5 of
 section 489-cccccc of the real property tax law, as amended  by  chapter
 397 of the laws of 2017, is amended to read as follows:
   (ii)  Final application. Applicants shall file a final application for
 benefits no later than one year from the date of issuance of  the  first
 building  permit for construction work, or, where construction work does
 not require a building permit, no later than one year from the  date  of
 commencement  of  construction.  Abatement benefits shall not be granted
 until the applicant files the final application. If the  final  applica-
 tion  is not filed within such one year period, abatement benefits shall
 not be granted until such application is filed, and the  department  may
 delay  the granting of such benefits, at the department's discretion, to
 investigate the reason for the late filing. THE DEPARTMENT SHALL  ACCEPT
 APPLICATIONS  FROM  APPLICANTS WHO (A) AFTER THE EFFECTIVE DATE OF LOCAL
 LAW NUMBER SIXTY-SEVEN OF THE CITY OF NEW YORK FOR THE YEAR TWO THOUSAND
 EIGHT, MET THE REQUIREMENTS OF THIS TITLE BUT FAILED  TO  FILE  A  FINAL
 APPLICATION  WITHIN THE TIME FRAME REQUIRED BY THIS SUBPARAGRAPH AND (B)
 FILE A FINAL APPLICATION NO LATER THAN THREE MONTHS FROM  THE  EFFECTIVE
 DATE  OF  THE  CHAPTER OF THE LAWS OF TWO THOUSAND NINETEEN THAT AMENDED
 THIS SUBPARAGRAPH.
   § 2. This act shall take effect immediately.
 

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08678-01-9

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