NY State Senate Bill 2021-S3731

Senate Bill S3731

2021-2022 Legislative Session

Relates to establishing an interest suspension and installment plan for rental properties during a declared emergency

download bill text pdf

Archive: Last Bill Status - In Senate Committee Local Government 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 05, 2022	referred to local government
Jan 30, 2021	referred to local government

2021-S3731 (ACTIVE) - Details

Current Committee:: Senate Local Government
Law Section:: Real Property Tax Law
Laws Affected:: Add §925-f, RPT L; add §11-240.2, NYC Ad Cd
Versions Introduced in Other Legislative Sessions:: 2019-2020: S8718
2023-2024: S1482

2021-S3731 (ACTIVE) - Summary

Relates to establishing an interest suspension and installment plan for rental properties during a declared emergency.

2021-S3731 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3731

SPONSOR: ORTT
 
TITLE OF BILL:

An act to amend the real property tax law and the administrative code of
the city of New York, in relation to establishing an interest suspension
and installment plan for rental properties during a declared emergency

 
PURPOSE:

To provide flexibilities to residential rental property owners who have
experienced financial hardships because of a loss of income as a result
of the COVID-19 pandemic.

 
SUMMARY OF PROVISIONS:

Section 1 requires:

-Municipalities and school districts to offer residential rental proper-
ty owners, whose tenants have been financially harmed because of the

COVID-19 pandemic, the ability to pay their 202021 property taxes in
monthly installments without penalty.

-If a municipality or school district receives unrestricted federal
assistance to assist in revenue shortfalls caused by the pandemic after
July 1, 2020, the entity must offer rental property owners the ability
to have their property tax obligation be the same percentage as the
percentage of rent that they received of what they were owed from the
previous 12 months.

-A municipality or school district must provide temporary relief status
to a rental property owner until it can be determined they are eligible
for the program

Section 2: Rent regulated apartments in the City of New York shall have
their tax obligation for 2020-21 return to their 2018-19 rate, which
shall not be due before October 1, 2020.

 
JUSTIFICATION:

The economic impact of the COVID-19 pandemic has left many tenants
across the state unable to pay any or all of their rent. This bill seeks
to provide some relief to property owners by not penalizing them for the
fact that, through no fault of their own, a pandemic and subsequent
government orders have prevented tenants from paying their full rent.
Property owners should not be fined by the same government who, however
justified it might have been, restricted the ability of individuals to
earn their paycheck.

 
LEGISLATIVE HISTORY:

2019-2020: Referred to Rules.

 
FISCAL IMPLICATIONS:

The bill will have no State fiscal impact.

 
EFFECTIVE DATE:
Immediately.

2021-S3731 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3731
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2021
                                ___________
 
 Introduced  by  Sen.  ORTT  --  read twice and ordered printed, and when
   printed to be committed to the Committee on Local Government
 
 AN ACT to amend the real property tax law and the administrative code of
   the city of New York, in relation to establishing an interest  suspen-
   sion  and  installment  plan  for  rental properties during a declared
   emergency
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  real  property  tax  law  is amended by adding a new
 section 925-f to read as follows:
   § 925-F. INTEREST SUSPENSION AND INSTALLMENT PLAN FOR  RENTAL  PROPER-
 TIES  DURING  A  DECLARED EMERGENCY. 1. NOTWITHSTANDING ANY PROVISION OF
 LAW TO THE CONTRARY, A MUNICIPAL CORPORATION SHALL PROVIDE  TO  PROPERTY
 OWNERS  THE  ABILITY  TO  PAY  THEIR  PROPERTY TAXES WITHOUT INTEREST OR
 PENALTY IN TWELVE MONTHLY INSTALLMENTS FROM THE  TAX  LIEN  DAY  OF  THE
 COVERED  PERIOD  IF  THEY HAVE BEEN FINANCIALLY HARMED DUE TO A DECLARED
 EMERGENCY.
   2. IF  A  MUNICIPAL  CORPORATION  HAS  RECEIVED  UNRESTRICTED  FEDERAL
 ASSISTANCE  IN  RESPONSE  TO  REVENUE  SHORTFALLS CAUSED BY THE ECONOMIC
 IMPACTS OF THE COVID-19 PANDEMIC AFTER JULY FIRST, TWO THOUSAND  TWENTY,
 THAT  MUNICIPAL CORPORATION SHALL PROVIDE TO PROPERTY OWNERS THE ABILITY
 TO HAVE THEIR PROPERTY TAX OBLIGATION BE CALCULATED BY  MULTIPLYING  THE
 TAX  LIEN  BY A PERCENTAGE EQUAL TO THE AMOUNT OF RENT ACTUALLY RECEIVED
 DURING THE PREVIOUS TWELVE MONTHS FROM OCCUPIED  RENTAL  UNITS  IN  SUCH
 PROPERTY  RELATIVE  TO  THE TOTAL RENT THAT SHOULD HAVE BEEN RECEIVED IN
 RENT DURING THAT TIME FROM OCCUPIED RENTAL UNITS IN SUCH PROPERTY.
   3. A MUNICIPAL CORPORATION SHALL PROVIDE A TEMPORARY STATUS  WITH  THE
 FULL  PROVISIONS  OF  THIS  SECTION  TO A PROPERTY OWNER WHO APPLIES FOR
 RELIEF UNTIL IT CAN BE DETERMINED  THAT  THEY  ARE  ELIGIBLE  UNDER  THE
 PARAMETERS  PROVIDED UNDER THIS SECTION. IF A PROPERTY OWNER IS FOUND TO
 NOT BE ELIGIBLE, FULL PAYMENT OF THE TAX OBLIGATION  SHALL  BE  PROVIDED
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD07896-01-1

 S. 3731                             2
 
 WITHIN  SEVEN BUSINESS DAYS OR OTHERWISE BE SUBJECTED TO ANY INTEREST OR
 PENALTY FEES.
   4.  FOR  PURPOSES  OF  THIS  SECTION,  THE FOLLOWING DEFINITIONS SHALL
 APPLY:
   A. "PROPERTY" SHALL INCLUDE RESIDENTIAL PREMISES IN WHICH AT LEAST ONE
 UNIT WITHIN THE DWELLING IS EITHER RENTED, LEASED, LET OR HIRED  OUT  TO
 BE OCCUPIED OR IS OCCUPIED AS THE RESIDENCE OR HOME.
   B.  "PROPERTY  OWNER"  SHALL  MEAN THE OWNER OF PROPERTY AS DEFINED IN
 PARAGRAPH A OF THIS SUBDIVISION.
   C. "COVERED PERIOD" SHALL INCLUDE TAX LIEN DAYS BETWEEN  APRIL  FIRST,
 TWO THOUSAND TWENTY AND MAY THIRTY-FIRST, TWO THOUSAND TWENTY-TWO.
   D.  "FINANCIALLY  HARMED"  SHALL  MEAN  SUCH  PROPERTY  OWNER  HAS NOT
 RECEIVED THE FULL RENT OWED TO HIM OR  HER  DURING  THE  COVERED  PERIOD
 BECAUSE  A  TENANT OF THAT PROPERTY HAS HAD HIS OR HER INCOME NEGATIVELY
 AFFECTED DUE TO (I) GOVERNMENT RESTRICTIONS ON THEIR  EMPLOYMENT  ISSUED
 IN EXECUTIVE ORDER NUMBER TWO HUNDRED TWO OF TWO THOUSAND TWENTY OR (II)
 TANGIBLE ECONOMIC EFFECTS OF COVID-19.
   E.  "DECLARED  EMERGENCY"  SHALL  REFER  TO EXECUTIVE ORDER NUMBER TWO
 HUNDRED TWO OF TWO THOUSAND TWENTY AND ALL SUBSEQUENT  EXECUTIVE  ORDERS
 IN RESPONSE TO COVID-19.
   §  2.  The  administrative  code of the city of New York is amended by
 adding a new section 11-240.2 to read as follows:
   § 11-240.2 RELIEF FOR RENT REGULATED APARTMENTS DUE  TO  THE  COVID-19
 PANDEMIC.   1. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, ANY
 REAL PROPERTY SHALL HAVE ITS PROPERTY TAX OBLIGATION FOR  TAX  YEAR  TWO
 THOUSAND TWENTY -- TWO THOUSAND TWENTY-ONE BE CONSISTENT AND IN THE SAME
 MANNER AS ITS OBLIGATION FOR TAX YEAR TWO THOUSAND EIGHTEEN -- TWO THOU-
 SAND  NINETEEN, AND FURTHER PROVIDED THAT THE PROPERTY TAX LIEN DATE FOR
 TAX YEAR TWO THOUSAND TWENTY -- TWO THOUSAND  TWENTY-ONE  SHALL  NOT  BE
 BEFORE OCTOBER FIRST, TWO THOUSAND TWENTY.
   2.  FOR  PURPOSES OF THIS SECTION, "REAL PROPERTY" SHALL REFER TO REAL
 PROPERTY SUBJECT TO RENT REGULATION UNDER  THE  EMERGENCY  HOUSING  RENT
 CONTROL LAW OR THE EMERGENCY TENANT PROTECTION ACT THAT IS ALSO ELIGIBLE
 FOR  RELIEF  PROVIDED  IN SECTION NINE HUNDRED TWENTY-FIVE-F OF THE REAL
 PROPERTY TAX LAW.
   § 3. This act take effect immediately.

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