S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5559
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 19, 2021
                                ___________
 
 Introduced  by  M.  of  A.  BICHOTTE HERMELYN, GOTTFRIED, LAVINE, SIMON,
   SEAWRIGHT, COOK, WALKER, RICHARDSON -- read once and referred  to  the
   Committee on Real Property Taxation
 
 AN  ACT  to  amend  the real property tax law, in relation to exemptions
   from local real property taxation of certain low income housing accom-
   modations in a city with 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  1  of section 420-c of the real property tax
 law, as amended by chapter 104 of the laws of 1999, is amended  to  read
 as follows:
   1. In a city having a population of one million or more, real property
 owned  by a corporation, partnership or limited liability company formed
 for the purpose of providing  housing  accommodations  for  persons  and
 families  of low income as defined in section two of the private housing
 finance law and used for such purpose, shall be exempt from  local  real
 property taxation, provided that such corporation, partnership or limit-
 ed  liability company: (a) is organized as a non-profit housing develop-
 ment fund company pursuant to article  eleven  of  the  private  housing
 finance law AND IS NOT ESTABLISHED OR CONTROLLED BY A FOR-PROFIT ENTITY,
 or  is  a non-profit housing corporation as defined in article eleven of
 the private housing finance law which is not incorporated as  a  housing
 development  fund  company  as  defined in article eleven of the private
 housing finance law AND IS NOT ESTABLISHED OR CONTROLLED BY A FOR-PROFIT
 ENTITY, or is a wholly-owned subsidiary of such a company or is a  part-
 nership  or  limited liability company the controlling interest of which
 is held by such a company or corporation or by a wholly owned subsidiary
 of such a company or by a corporation sponsored  or  formed  by  such  a
 company or corporation; and (b) has received a loan from a municipality,
 the  state or the housing trust fund corporation established pursuant to
 section forty-five-a of the private housing finance law or any successor
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02202-01-1

 A. 5559                             2
 
 corporation; and (c) enters into a regulatory agreement with the munici-
 pality, the state or the  housing  trust  fund  corporation  established
 pursuant  to  section forty-five-a of the private housing finance law or
 any successor corporation guaranteeing the provision of housing accommo-
 dations for persons and families of low income; and (d) is a participant
 in  the federal low income housing tax credit program established pursu-
 ant to section forty-two  of  the  internal  revenue  code  of  nineteen
 hundred  eighty-six,  as amended. Any exemption pursuant to this section
 shall expire upon the expiration or termination of the regulatory agree-
 ment.
   § 2. Subparagraphs 4 and 5  of  paragraph  (a)  of  subdivision  4  of
 section  420-c  of the real property tax law, subparagraph 4 as added by
 chapter 522 of the laws of 2004 and subparagraph 5 as amended by chapter
 526 of the laws of 2004, are amended to read as follows:
   (4) The term "charitable organization" shall mean (i) an  entity,  NOT
 ESTABLISHED  OR  CONTROLLED  BY A FOR-PROFIT ENTITY, formed for purposes
 that include providing housing accommodations for persons  and  families
 of  low  income  and  that has received written recognition of exemption
 pursuant to section 501(c)(3)  or  section  501(c)(4)  of  the  internal
 revenue  code of nineteen hundred eighty-six, as amended, or any succes-
 sor statute, from the United States Internal  Revenue  Service,  or  any
 successor  agency, or (ii) a corporation, partnership or limited liabil-
 ity company wholly owned and wholly controlled by an entity, NOT  ESTAB-
 LISHED  OR  CONTROLLED  BY A FOR-PROFIT ENTITY, formed for purposes that
 include providing housing accommodations for persons and families of low
 income and that has received written recognition of  exemption  pursuant
 to  section  501(c)(3) or section 501(c)(4) of the internal revenue code
 of nineteen hundred eighty-six, as amended, or  any  successor  statute,
 from  the United States Internal Revenue Service, or any successor agen-
 cy.
   (5) The term "eligible entity" shall mean a  corporation,  partnership
 or  limited  liability company at least [fifty] FIFTY-ONE percent of the
 controlling interest of which is held by a charitable organization.
   § 3. This act shall take effect immediately and  shall  apply  to  all
 projects  approved  on  or  after  the date on which this act shall have
 become a law.