S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3395
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 26, 2021
                                ___________
 
 Introduced  by  M.  of  A. RODRIGUEZ, CYMBROWITZ, DICKENS, D. ROSENTHAL,
   J. RIVERA, CUSICK, PICHARDO, EICHENSTEIN, REYES, CRUZ, BARRON, HEVESI,
   EPSTEIN, GLICK, FRONTUS, BENEDETTO, TAYLOR, JOYNER, SIMON -- read once
   and referred to the Committee on Real Property Taxation
 
 AN ACT to amend the real property tax law, in relation  to  partial  tax
   abatement  for  residential  real  property held in the cooperative or
   condominium form of ownership 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. Subdivision 2 of section 467-a of the real property tax law
 is amended by adding a new paragraph (b-2) to read as follows:
   (B-2) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE  CONTRARY  FOR
 FISCAL YEARS COMMENCING IN CALENDAR YEARS 2021 AND AFTER, THE PROVISIONS
 OF THIS SECTION SHALL NOT APPLY TO ANY DWELLING UNIT FOR WHICH THE BILL-
 ABLE ASSESSED VALUE IS TWO HUNDRED THOUSAND DOLLARS OR GREATER.
   §  2.  Paragraphs (a) and (b) of subdivision 2 of section 467-a of the
 real property tax law, as amended by chapter 90 of the laws of 2019, are
 amended to read as follows:
   (a) In a city having a population of one  million  or  more,  dwelling
 units  owned  by  unit  owners  who, as of the applicable taxable status
 date, own no more than three dwelling units in any one property held  in
 the  condominium  form  of  ownership,  shall  be  eligible to receive a
 partial abatement of real property taxes, as  set  forth  in  paragraphs
 (c),  (d),  (d-1), (d-2), (d-3), (d-4), (d-5) and (d-6) of this subdivi-
 sion; provided, however, that a property held in the condominium form of
 ownership that is  receiving  complete  or  partial  real  property  tax
 exemption or tax abatement pursuant to any other provision of this chap-
 ter or any other state or local law, except as provided in paragraph (f)
 of  this  subdivision, shall not be eligible to receive a partial abate-
 ment pursuant to this section;  and  provided,  further,  that  sponsors
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03154-01-1

 A. 3395                             2
 
 shall  not  be  eligible to receive a partial abatement pursuant to this
 section; and provided, further, that in the fiscal years  commencing  in
 calendar  years  two thousand twelve through two thousand [twenty] TWEN-
 TY-TWO  no more than a maximum of three dwelling units owned by any unit
 owner in a single building, one of which must be the  primary  residence
 of  such  unit  owner,  shall be eligible to receive a partial abatement
 pursuant to paragraphs (d-1), (d-2), (d-3) and (d-4)  of  this  subdivi-
 sion.
   (b)  In  a  city  having a population of one million or more, dwelling
 units owned by tenant-stockholders who, as  of  the  applicable  taxable
 status  date,  own no more than three dwelling units in any one property
 held in the cooperative form of ownership, shall be eligible to  receive
 a  partial  abatement of real property taxes, as set forth in paragraphs
 (c), (d), (d-1), (d-2), (d-3), (d-4), (d-5) and (d-6) of  this  subdivi-
 sion; provided, however, that a property held in the cooperative form of
 ownership  that  is  receiving  complete  or  partial  real property tax
 exemption or tax abatement pursuant to any other provision of this chap-
 ter or any other state or local law, except as provided in paragraph (f)
 of this subdivision, shall not be eligible to receive a  partial  abate-
 ment  pursuant  to  this  section;  and provided, further, that sponsors
 shall not be eligible to receive a partial abatement  pursuant  to  this
 section;  and  provided, further, that in the fiscal years commencing in
 calendar years two thousand twelve through two thousand  [twenty]  TWEN-
 TY-TWO  no  more  than  a  maximum  of three dwelling units owned by any
 tenant-stockholder in a single building, one of which must be the prima-
 ry residence of such tenant-stockholder, shall be eligible to receive  a
 partial  abatement  pursuant to paragraphs (d-1), (d-2), (d-3) and (d-4)
 of this subdivision. For purposes of this section, a  tenant-stockholder
 of a cooperative apartment corporation shall be deemed to own the dwell-
 ing  unit  which  is  represented  by his or her shares of stock in such
 corporation. Any abatement so granted shall be credited by the appropri-
 ate taxing authority against the tax due on the property as a whole. The
 reduction in real property taxes received thereby shall be  credited  by
 the  cooperative  apartment corporation against the amount of such taxes
 attributable to eligible dwelling units at the time of receipt.
   § 3. Paragraphs (d-1), (d-2), (d-3) and  (d-4)  of  subdivision  2  of
 section  467-a of the real property tax law, as amended by chapter 90 of
 the laws of 2019, are amended to read as follows:
   (d-1) In the fiscal years commencing in calendar  years  two  thousand
 twelve, two thousand thirteen and two thousand fourteen, eligible dwell-
 ing  units in property whose average unit assessed value is less than or
 equal to fifty thousand dollars shall receive a partial abatement of the
 real property taxes attributable to or due on  such  dwelling  units  of
 twenty-five  percent,  twenty-six  and one-half percent and twenty-eight
 and one-tenth percent respectively. In the fiscal  years  commencing  in
 calendar  years two thousand fifteen through two thousand [twenty] TWEN-
 TY-TWO eligible dwelling units in property whose average  unit  assessed
 value  is  less  than or equal to fifty thousand dollars shall receive a
 partial abatement of the real property taxes attributable to or  due  on
 such dwelling units of twenty-eight and one-tenth percent.
   (d-2)  In  the  fiscal years commencing in calendar years two thousand
 twelve, two thousand thirteen and two thousand fourteen, eligible dwell-
 ing units in property whose average unit assessed  value  is  more  than
 fifty  thousand  dollars,  but less than or equal to fifty-five thousand
 dollars, shall receive a partial abatement of the  real  property  taxes
 attributable to or due on such dwelling units of twenty-two and one-half

 A. 3395                             3
 
 percent,  twenty-three and eight-tenths percent and twenty-five and two-
 tenths percent respectively. In the fiscal years commencing in  calendar
 years  two  thousand  fifteen  through  two thousand [twenty] TWENTY-TWO
 eligible dwelling units in property whose average unit assessed value is
 more  than  fifty thousand dollars, but less than or equal to fifty-five
 thousand dollars, shall receive a partial abatement of the real property
 taxes attributable to or due on such dwelling units of  twenty-five  and
 two-tenths percent.
   (d-3)  In  the  fiscal years commencing in calendar years two thousand
 twelve, two thousand thirteen and two thousand fourteen, eligible dwell-
 ing units in property whose average unit assessed  value  is  more  than
 fifty-five  thousand  dollars,  but less than or equal to sixty thousand
 dollars, shall receive a partial abatement of the  real  property  taxes
 attributable  to  or due on such dwelling units of twenty percent, twen-
 ty-one and two-tenths percent, and twenty-two  and  five-tenths  percent
 respectively. In the fiscal years commencing in calendar years two thou-
 sand  fifteen through two thousand [twenty] TWENTY-TWO eligible dwelling
 units in property whose average unit assessed value is more than  fifty-
 five thousand dollars, but less than or equal to sixty thousand dollars,
 shall  receive  a partial abatement of the real property taxes attribut-
 able to or due on such dwelling  units  of  twenty-two  and  five-tenths
 percent.
   (d-4)  In  the  fiscal years commencing in calendar years two thousand
 twelve through two thousand [twenty] TWENTY-TWO, eligible dwelling units
 in property whose average unit assessed value is more than  sixty  thou-
 sand  dollars  shall  receive  a  partial abatement of the real property
 taxes attributable to or due on such dwelling  units  of  seventeen  and
 one-half percent.
   § 4. Paragraph (a) of subdivision 3 of section 467-a of the real prop-
 erty  tax  law, as amended by chapter 90 of the laws of 2019, is amended
 to read as follows:
   (a) An application for an abatement pursuant to this section  for  the
 fiscal  year  commencing  in  calendar  year nineteen hundred ninety-six
 shall be made no later than the fifteenth  day  of  September,  nineteen
 hundred  ninety-six.  An  application  for an abatement pursuant to this
 section for the fiscal year commencing in calendar year nineteen hundred
 ninety-seven shall be made no later than the first day of  April,  nine-
 teen  hundred  ninety-seven. An application for an abatement pursuant to
 this section for the fiscal year commencing in  calendar  year  nineteen
 hundred ninety-eight shall be made no later than the first day of April,
 nineteen  hundred ninety-eight. An application for an abatement pursuant
 to this section for the fiscal year commencing in calendar year nineteen
 hundred ninety-nine shall be made in accordance  with  this  subdivision
 and subdivision three-a of this section. An application for an abatement
 pursuant to this section for the fiscal year commencing in calendar year
 two  thousand shall be made no later than the fifteenth day of February,
 two thousand. An application for an abatement pursuant to  this  section
 for  the  fiscal year commencing in calendar year two thousand one shall
 be made in accordance with this subdivision and subdivision  three-b  of
 this  section.  An application for an abatement pursuant to this section
 for the fiscal year commencing in calendar year two thousand  two  shall
 be  made  no later than the fifteenth day of February, two thousand two.
 An application for an abatement pursuant to this section for the  fiscal
 year  commencing  in  calendar  year two thousand three shall be made no
 later than the fifteenth day of February, two thousand three. An  appli-
 cation  for  an  abatement  pursuant to this section for the fiscal year

 A. 3395                             4
 
 commencing in calendar year two thousand four shall be made  in  accord-
 ance  with  this subdivision and subdivision three-c of this section. An
 application for an abatement pursuant to this  section  for  the  fiscal
 year  commencing  in  calendar  year  two thousand five shall be made no
 later than the fifteenth day of February, two thousand five. An applica-
 tion for an abatement pursuant to  this  section  for  the  fiscal  year
 commencing in calendar year two thousand six shall be made no later than
 the  fifteenth  day of February, two thousand six. An application for an
 abatement pursuant to this section for the  fiscal  year  commencing  in
 calendar  year  two  thousand  seven  shall  be  made  no later than the
 fifteenth day of February, two thousand seven. An application for abate-
 ment pursuant to this section for the fiscal year commencing in calendar
 year two thousand eight shall be made in accordance with  this  subdivi-
 sion  and  subdivision  three-d  of  this section. An application for an
 abatement pursuant to this section for the  fiscal  year  commencing  in
 calendar  year  two  thousand  nine  shall  be  made  no  later than the
 fifteenth day of February, two thousand  nine.  An  application  for  an
 abatement  pursuant  to  this  section for the fiscal year commencing in
 calendar year two thousand ten shall be made no later than the fifteenth
 day of February, two thousand  ten.  An  application  for  an  abatement
 pursuant to this section for the fiscal year commencing in calendar year
 two  thousand  eleven  shall  be made no later than the fifteenth day of
 February, two thousand eleven. An application for an abatement  pursuant
 to  this  section  for the fiscal years commencing in calendar years two
 thousand twelve and two thousand thirteen shall be  made  in  accordance
 with  subdivision  three-e  of  this section. The date or dates by which
 applications for an abatement pursuant to this section shall be made for
 the fiscal years beginning  in  calendar  years  two  thousand  fourteen
 through  two  thousand  [twenty]  TWENTY-TWO shall be established by the
 commissioner of finance by rule, provided that such date or dates  shall
 not be later than the fifteenth day of February for such calendar years.
   § 5. For fiscal years commencing in calendar years 2021 and after, the
 New  York city department of finance shall reallocate the monies used to
 provide the partial tax abatement for residential real property held  in
 the  cooperative  or  condominium  form  of ownership for dwelling units
 whose billable assessed value is two hundred thousand dollars or  great-
 er,  which are now ineligible for such tax abatement pursuant to section
 one of this act, to be deposited in a special account in the name of the
 New York city housing authority.  Payment from such account shall be  on
 the authorization of the commissioner of the department of housing pres-
 ervation and development.
   § 6. This act shall take effect immediately.