S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1931--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 13, 2021
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Real Property Taxation -- recommitted to the Committee on
   Real Property Taxation in accordance with Assembly Rule 3, sec.  2  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee

 AN ACT to repeal section 421-a of the real property tax law, relating to
   the affordable New York housing program; to amend  the  real  property
   tax  law,  the  administrative  code  of the city of New York, and the
   private housing finance law, in relation to making necessary technical
   and conforming changes; and to repeal certain sections of the adminis-
   trative code of the city of New York relating thereto
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 421-a of the real property tax law is REPEALED.
   § 2. Section 11-245 of the administrative code of the city of New York
 is REPEALED.
   §  3.  Section  11-245.1 of the administrative code of the city of New
 York is REPEALED.
   § 4. Section 11-245.1-a of the administrative code of the city of  New
 York is REPEALED.
   §  5. Section 11-245.1-b of the administrative code of the city of New
 York is REPEALED.
   § 6. The thirteenth undesignated paragraph of subdivision a of section
 6-130 of the administrative code of the city of New York, as amended  by
 local  law  number  212  of  the  city of New York for the year 2019, is
 amended to read as follows:
   "Lease" means any agreement whereby  a  contracting  agency  contracts
 for,  or  leases  or rents, commercial office space or commercial office
 facilities of 10,000 square feet or more from a non-governmental  entity
 provided the city, whether through a single agreement or multiple agree-
 ments,  leases  or  rents  no  less  than 51 percent of the total square
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00832-03-2
              

 A. 1931--A                          2
 
 footage of the building to which the lease applies, or if such space  or
 such  facility  is  entirely  located  within the geographic area in the
 borough of Staten Island[, or in an area not  defined  as  an  exclusion
 area pursuant to section 421-a of the real property tax law] on the date
 of enactment of the local law that added this section, then no less than
 80  percent  of  the  total  square footage of the building to which the
 lease applies. Such agreements do not include  agreements  between  not-
 for-profit organizations and a contracting agency.
   § 7. Subdivision 1 of section 11-239 of the administrative code of the
 city  of  New York, as amended by local law number 40 of the city of New
 York for the year 2007, is amended to read as follows:
   1. For fiscal years beginning the first of July,  two  thousand  three
 and  ending  the  thirtieth  of June, two thousand nine, a rebate in the
 amount of the lesser of four hundred dollars or the annual tax liability
 imposed on the property shall be paid to an owner or  tenant-stockholder
 who,  as of the date the application provided for in subdivision four of
 this section is due, owns a one, two or  three  family  residence  or  a
 dwelling unit in residential property held in the condominium or cooper-
 ative form of ownership that is the owner or tenant-stockholder's prima-
 ry  residence  and  meets  all  other  eligibility  requirements of this
 section. If, with respect to the fiscal year beginning on the  first  of
 July,  two thousand eight and ending on the thirtieth of June, two thou-
 sand nine, an increase in average real property tax rates  would  other-
 wise  be  necessary  in  the  resolution of the city council fixing real
 property tax rates for such fiscal year pursuant to  the  charter,  then
 the  rebate  to  be paid for such fiscal year shall be reduced or elimi-
 nated 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. Notwithstanding anything to
 the contrary in sections [four hundred twenty-one-a,] four hundred twen-
 ty-one-b or four hundred twenty-one-g of the real property tax  law,  an
 owner  or tenant-stockholder whose property is receiving benefits pursu-
 ant to such sections shall not be prohibited  from  receiving  a  rebate
 pursuant  to  this section if such owner or tenant-stockholder is other-
 wise 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 authorized by
 this section. Such rebate shall be paid by the commissioner  of  finance
 to  eligible  owners  or  tenant-stockholders  in  accordance with rules
 promulgated by the commissioner of finance.
   § 8. Subdivision h of section 26-901 of the administrative code of the
 city of New York, as added by local law number 44 of  the  city  of  New
 York for the year 2012, is amended to read as follows:
   h. "Housing development project" means construction, rehabilitation or
 alteration of any residential building, residential facility or residen-
 tial  structure  by  a developer (1) which creates or preserves at least
 one dwelling unit; (2) which is funded in  whole  or  in  part  by  city
 financial  assistance  other  than  non-discretionary  tax abatements or
 benefits approved or administered in accordance with [sections 421-a  or
 489] SECTION FOUR HUNDRED EIGHTY-NINE of the [New York state] real prop-
 erty  tax  law  or other similar programs and (3) where the developer of
 such project was not selected more than five years prior to  the  effec-
 tive  date of this chapter. The term "housing development project" shall
 A. 1931--A                          3

 not include emergency repairs performed by or on behalf of  the  depart-
 ment  pursuant  to section 27-2125 of this code, work performed by or on
 behalf of the department pursuant to section 27-2153 of this code, demo-
 lition  work  performed  by  or  on behalf of the department pursuant to
 articles two hundred fifteen or two hundred sixteen of  chapter  two  of
 title twenty-eight of this code, or work funded by the department pursu-
 ant  to  article [seven-a] SEVEN-A of the [New York state] real property
 actions and proceedings law.
   § 9. Subdivision 18 of section 654-d of the  private  housing  finance
 law,  as  amended by chapter 703 of the laws of 1992, is amended to read
 as follows:
   18. Rentals. Notwithstanding the  provisions  of,  or  any  regulation
 promulgated  pursuant  to,  the  emergency housing rent control law, the
 local emergency housing rent control act or local law  enacted  pursuant
 thereto, all dwelling units in a multiple dwelling the rehabilitation of
 which  commenced  after  July  first, nineteen hundred seventy-seven and
 which is financed by a mortgage loan insured by  the  subsidiary  corpo-
 ration  (including,  but not limited to, mortgage loans insured pursuant
 to mortgage insurance contracts and housing insurance contracts), except
 for dwelling units occupied by reason of ownership of stock in a cooper-
 ative and except for dwelling units that constitute condominiums,  shall
 be subject to the rent stabilization law of nineteen hundred sixty-nine,
 beginning immediately after initial rents, as established under applica-
 ble  provisions  of  this chapter, [section four hundred twenty-one-a of
 the real property tax law,] section four hundred eighty-nine of the real
 property tax law and/or subparagraph (m) of paragraph one of subdivision
 g of section 26-405 of the administrative code of the city of  New  York
 for  such  dwelling units to become effective on the basis of such reha-
 bilitation, provided that any occupant in possession of a dwelling  unit
 that  first  becomes  subject  to the rent stabilization law of nineteen
 hundred sixty-nine pursuant to this section shall be offered a  two-year
 lease notwithstanding any contrary provisions of, or regulations adopted
 pursuant  to,  such  rent  stabilization law, at the initial rent estab-
 lished for such dwelling unit and provided further  that  such  dwelling
 units,  other  than those dwelling units, the initial rents of which are
 established under subparagraph (m) of paragraph one of subdivision g  of
 section 26-405 of the administrative code of the city of New York, shall
 remain  subject  to  the  rent  stabilization law in accordance with the
 provisions of this chapter[, section four hundred  twenty-one-a  of  the
 real  property  tax  law] and/or section four hundred eighty-nine of the
 real property tax law as the case may be. Except to the extent to  which
 dwelling  units,  which  are  controlled  under other provisions of law,
 become subject to the rent stabilization law of nineteen hundred  sixty-
 nine  pursuant  to the preceding sentence, no dwelling unit shall become
 subject to the rent stabilization law solely by reason of insurance of a
 mortgage loan by the subsidiary corporation.
   § 10. Subdivision 6 of section 421-m of the real property tax law,  as
 added  by  section  43  of  part B of chapter 97 of the laws of 2011, is
 amended to read as follows:
   6. The exemption authorized by this section shall not be available  in
 a  jurisdiction to which the provisions of section [four hundred twenty-
 one-a or] four hundred twenty-one-c of this article are applicable.
   § 11. 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:
 A. 1931--A                          4
 
   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  fiscal years beginning on the first of July, two thousand three and
 ending on the thirtieth of June, two thousand nine in the amount of  the
 lesser  of  four  hundred dollars or 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 FOUR  HUNDRED  EIGHTY-THREE
 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 accordance with this section for three consec-
 utive fiscal years beginning with the fiscal year beginning on the first
 of July, two thousand six. Any rebate authorized by local law in accord-
 ance 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-stockholder who, as of the date the  applica-
 tion  provided  for  in  subdivision four of this section is due, owns a
 one, two or three 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.    Notwithstanding
 anything to the contrary in sections [four hundred  twenty-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 benefits  pursu-
 ant  to  such  sections  shall not be prohibited from receiving a rebate
 pursuant to this section if such owner or tenant-stockholder  is  other-
 wise  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  authorized  by
 this  section.  Such rebate shall be paid by the commissioner of finance
 A. 1931--A                          5
 
 to eligible owners  or  tenant-stockholders  in  accordance  with  rules
 promulgated by the commissioner of finance.
   §  12.  Paragraph  (b)  of  subdivision 1-a of section 489 of the real
 property tax law, as added by chapter  450  of  the  laws  of  2003,  is
 amended to read as follows:
   (b)  for  tax  lots  in the city of New York now existing or hereafter
 created within the following area in  the  borough  of  Manhattan,  such
 conversions,  alterations  or improvements are aided by a grant, loan or
 subsidy from any federal, state  or  local  agency  or  instrumentality:
 beginning  at the intersection of the United States pierhead line in the
 Hudson river and the center line of  Chambers  street  extended,  thence
 easterly  to the center line of Chambers street and continuing along the
 center line of Chambers street to the  center  line  of  Centre  street,
 thence  southerly  along  the center line of Centre street to the center
 line of the Brooklyn Bridge to the intersection of the  Brooklyn  Bridge
 and  the United States pierhead line in the East river, thence northerly
 along the United States pierhead line in the East river  to  the  inter-
 section  of  the  United  States pierhead line in the East river and the
 center line of One Hundred Tenth street extended, thence westerly to the
 center line of One Hundred Tenth street and continuing along the  center
 line  of  One  Hundred  Tenth  street  to  its westerly terminus, thence
 westerly to the intersection of the center line  of  One  Hundred  Tenth
 street extended and the United States pierhead line in the Hudson river,
 thence  southerly  along  the  United States pierhead line in the Hudson
 river to the point of  beginning.  For  purposes  of  this  subdivision,
 "floor  area" shall [have the same meaning as in paragraph b of subdivi-
 sion one of section four hundred twenty-one-a of this  title]  MEAN  THE
 HORIZONTAL  AREAS  OF  THE  SEVERAL  FLOORS  OR ANY PORTION THEREOF OF A
 DWELLING OR DWELLINGS AND ACCESSORY STRUCTURES ON A  LOT  MEASURED  FROM
 THE  EXTERIOR  FACES  OF EXTERIOR WALLS OR FROM THE CENTER LINE OF PARTY
 WALLS. Nothing in this subdivision shall be construed to  provide  bene-
 fits pursuant to subdivision two of this section for the costs attribut-
 able to the increased cubic content in any such building or structure.
   § 13. This act shall take effect immediately.