NY State Senate Bill 2021-S4921

Archive: Last Bill Status - In Senate Committee Cities 1 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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to cities 1
Feb 18, 2021	referred to cities 1

2021-S4921 (ACTIVE) - Details

See Assembly Version of this Bill:: A5716
Current Committee:: Senate Cities 1
Law Section:: General Municipal Law
Laws Affected:: Add §3-d, Gen Muni L; amd §23, Munic Home R L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S2866, A4741
2013-2014: S4547, A6431
2015-2016: S3709, A6498
2017-2018: S1214, A1090
2019-2020: S1758, A991
2023-2024: S4095

2021-S4921 (ACTIVE) - Summary

Limits, in cities having a population of one million or more, the annual increase in real property taxes.

2021-S4921 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S4921

SPONSOR: LANZA
 
TITLE OF BILL:

An act to amend the general municipal law and the municipal home rule
law, in relation to establishing limitations upon real property tax
levies in cities with a population of one million or more

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill would control the ever-rising property tax by limiting the
amount by which the City of New York may increase property taxes each
year.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill would add a new § 3-e to the General Municipal Law
to establish a real property tax levy cap for New York City.  Under the
property tax levy cap:

* New York City may not its property tax levy by more than 2 percent or
the rate of inflation (whichever is less).

* New York City may exceed the tax levy cap only if the City Council, by
a two-thirds vote by local law overriding the tax levy cap.

* The cap will have limited exceptions including:

* Personal injury settlements that exceed 10 percent of the taxing enti-
ty's budget;

* Certain capital expenditures; and

* The increase or decrease in the city cost of state mandated social
services assistance to persons eligible for public assistance (including
those programs Temporary Assistance to Needy Families ("TANF") program,
or the Safety Net Assistance Program ("SNAP")

* The State Comptroller will determine the tax levy limitations for
local governments that are consolidated or dissolved.

* Any excess levy funds that are collected due to clerical or technical
errors will be held in reserve.

 
JUSTIFICATION:

New York property taxes are among the highest taxes in the nation.  When
you combine State and local taxes, New York has the second highest prop-
erty taxes in the nation. The median U.S. property tax paid is $1,917
and in New York it is $3,755--96 percent higher than the national medi-
an. Moreover, New York has the highest local taxes in America as a
percentage of personal income -- 79 percent above the national average.
New York City residents are looking for relief from high property tax
increases. Such increases jeopardize their quality of life and the abil-
ity to stay in their homes. This bill would limit New York City's abili-
ty to raise property levies, up to 2'0. This bill will relieve taxpayers
from unexpected high property tax increases.

This measure will force the City to budget more responsibly without
looking at property taxpayers as a way to balance its budget. This
proposal will allow property owners to budget for their property taxes.
It will also prevent city government from burdening the people with
outrageous increases. By limiting future increases, families and espe-
cially those on fixed incomes-would have a much better sense of what
they need to budget. This bill will also help reign in out of control
government spending.

 
PRIOR LEGISLATIVE HISTORY:

2020: S.1758 - Referred to Cities / A.991 - Referred to Ways & Means

2019: S.1758 - Referred to Cities / A.991 - Referred to Ways & Means

2018: S.1214-A - Third Reading Calendar / A.2015-A - Passed Assembly

2017: S.1214 - Third Reading Calendar / A.1090 -Referred to Ways & Means

2016: S.3709 - Passed Senate / A.6492 - Referred to Ways & Means

2015: S.3709 - Passed Senate / A.0198 - Referred to Ways & Means

2014: S.4547 - 3rd Reading Calendar / A.6431 -Referred to Ways & Means

2013: 5.4547 - 3rd Reading Calendar / A.6431 - Referred to Ways & Means

2012: S.2366 - Referred to Cities / A.4741 - Referred to Ways & Means

2011: 5.2366 - Reported to Finance / A.4741 - Referred to Ways & Means

 
FISCAL IMPLICATIONS:

This bill would benefit taxpayers in the City of New York by limiting
the annual amount of real property taxes the City can levy.

 
EFFECTIVE DATE:
This act shall take effect immediately and shall first apply to the levy
of taxes by local governments for the fiscal year that begins in 2020

2021-S4921 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4921
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 18, 2021
                                ___________
 
 Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Cities 1
 
 AN ACT to amend the general municipal law and the  municipal  home  rule
   law,  in  relation  to establishing limitations upon real property tax
   levies in cities 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.  The  general  municipal  law  is  amended by adding a new
 section 3-d to read as follows:
   § 3-D. LIMITATION UPON REAL PROPERTY TAX LEVIES  BY  CITIES  HAVING  A
 POPULATION OF ONE MILLION OR MORE.  1. UNLESS OTHERWISE PROVIDED BY LAW,
 THE  AMOUNT OF REAL PROPERTY TAXES THAT MAY BE LEVIED BY OR ON BEHALF OF
 ANY CITY HAVING A POPULATION OF ONE MILLION OR MORE SHALL NOT EXCEED THE
 TAX LEVY LIMITATION ESTABLISHED PURSUANT TO THIS SECTION.
   2. WHEN USED IN THIS SECTION:
   (A) "ALLOWABLE LEVY GROWTH FACTOR" SHALL BE THE LESSER OF: (I) ONE AND
 TWO ONE-HUNDREDTHS; OR (II) THE SUM OF ONE PLUS  THE  INFLATION  FACTOR;
 PROVIDED,  HOWEVER, THAT IN NO CASE SHALL THE LEVY GROWTH FACTOR BE LESS
 THAN ONE.
   (B) "APPROVED CAPITAL EXPENDITURES" MEANS THE EXPENDITURES  ASSOCIATED
 WITH CAPITAL PROJECTS THAT HAVE BEEN APPROVED BY THE QUALIFIED VOTERS OF
 THE LOCAL GOVERNMENT.
   (C) "AVAILABLE CARRYOVER" MEANS THE SUM OF THE AMOUNT BY WHICH THE TAX
 LEVY  FOR  THE  PRIOR  FISCAL YEAR WAS BELOW THE TAX LEVY LIMIT FOR SUCH
 FISCAL YEAR, IF ANY, BUT NO MORE THAN ONE AND ONE-HALF  PERCENT  OF  THE
 TAX LEVY LIMIT FOR SUCH FISCAL YEAR.
   (D) "CAPITAL TAX LEVY" MEANS THE TAX LEVY NECESSARY TO SUPPORT CAPITAL
 EXPENDITURES, IF ANY.
   (E) "COMING FISCAL YEAR" MEANS THE FISCAL YEAR OF THE LOCAL GOVERNMENT
 FOR  WHICH  A  TAX  LEVY LIMITATION SHALL BE DETERMINED PURSUANT TO THIS
 SECTION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD01115-01-1

 S. 4921                             2
 
   (F) "INFLATION FACTOR" MEANS THE QUOTIENT OF: (I) THE AVERAGE  OF  THE
 NATIONAL  CONSUMER PRICE INDEXES DETERMINED BY THE UNITED STATES DEPART-
 MENT OF LABOR FOR THE TWELVE-MONTH PERIOD ENDING SIX MONTHS PRIOR TO THE
 START OF THE COMING FISCAL  YEAR  MINUS  THE  AVERAGE  OF  THE  NATIONAL
 CONSUMER  PRICE  INDEXES  DETERMINED  BY THE UNITED STATES DEPARTMENT OF
 LABOR FOR THE TWELVE-MONTH PERIOD ENDING SIX MONTHS PRIOR TO  THE  START
 OF  THE  PRIOR FISCAL YEAR, DIVIDED BY: (II) THE AVERAGE OF THE NATIONAL
 CONSUMER PRICE INDEXES DETERMINED BY THE  UNITED  STATES  DEPARTMENT  OF
 LABOR  FOR  THE TWELVE-MONTH PERIOD ENDING SIX MONTHS PRIOR TO THE START
 OF THE PRIOR FISCAL YEAR, WITH THE RESULT EXPRESSED AS A DECIMAL TO FOUR
 PLACES.
   (G) "LOCAL GOVERNMENT" MEANS A CITY HAVING A POPULATION OF ONE MILLION
 OR MORE.
   (H) "PRIOR FISCAL YEAR" MEANS THE FISCAL YEAR OF THE LOCAL  GOVERNMENT
 IMMEDIATELY PRECEDING THE COMING FISCAL YEAR.
   (I) "TAX LEVY LIMITATION" MEANS THE AMOUNT OF TAXES A LOCAL GOVERNMENT
 IS  AUTHORIZED TO LEVY PURSUANT TO THIS SECTION, PROVIDED, HOWEVER, THAT
 THE TAX LEVY LIMIT SHALL NOT INCLUDE  THE  LOCAL  GOVERNMENT'S  APPROVED
 CAPITAL TAX LEVY, IF ANY.
   3.  (A)  BEGINNING  WITH  THE  FISCAL YEAR THAT BEGINS IN TWO THOUSAND
 TWENTY-TWO, NO LOCAL GOVERNMENT SHALL ADOPT A BUDGET THAT REQUIRES A TAX
 LEVY THAT IS GREATER THAN THE TAX LEVY LIMITATION FOR THE COMING  FISCAL
 YEAR.
   (B)  THE STATE COMPTROLLER SHALL CALCULATE THE TAX LEVY LIMITATION FOR
 EACH LOCAL GOVERNMENT BY THE ONE HUNDRED  TWENTIETH  DAY  PRECEDING  THE
 COMMENCEMENT  OF  EACH  LOCAL GOVERNMENT'S FISCAL YEAR, AND SHALL NOTIFY
 EACH LOCAL GOVERNMENT OF THE TAX LEVY LIMITATION SO DETERMINED.
   (C) THE TAX LEVY LIMITATION APPLICABLE TO THE COMING FISCAL YEAR SHALL
 BE DETERMINED AS FOLLOWS:
   (I) ASCERTAIN THE TOTAL AMOUNT OF TAXES LEVIED FOR  THE  PRIOR  FISCAL
 YEAR.
   (II)  ADD  ANY  PAYMENTS  IN LIEU OF TAXES THAT WERE RECEIVABLE IN THE
 PRIOR FISCAL YEAR.
   (III) SUBTRACT THE APPROVED CAPITAL TAX  LEVY  FOR  THE  PRIOR  FISCAL
 YEAR, IF ANY.
   (IV)  SUBTRACT  THE LEVY ATTRIBUTABLE TO A LARGE LEGAL SETTLEMENT OF A
 TORT ACTION EXCLUDED FROM THE LEVY LIMITATION IN THE PRIOR FISCAL  YEAR,
 IF ANY.
   (V) MULTIPLY THE RESULT BY THE ALLOWABLE LEVY GROWTH FACTOR.
   (VI)  SUBTRACT  ANY PAYMENTS IN LIEU OF TAXES RECEIVABLE IN THE COMING
 FISCAL YEAR.
   (VII) ADD THE AVAILABLE CARRYOVER, IF ANY.
   (D) IN THE EVENT THE CITY COUNCIL OF A LOCAL GOVERNMENT HAS APPROVED A
 LEGAL SETTLEMENT OF A TORT ACTION AGAINST  THE  GOVERNMENT,  THE  ANNUAL
 COSTS  OF  WHICH  EXCEED TEN PERCENT OF THE PROPERTY TAXES LEVIED BY THE
 LOCAL GOVERNMENT IN THE PRIOR FISCAL YEAR, THE STATE  COMPTROLLER,  UPON
 APPLICATION  BY THE LOCAL GOVERNMENT, MAY ADJUST THE TAX LEVY LIMITATION
 FOR THE COMING FISCAL YEAR  APPLICABLE  TO  SUCH  LOCAL  GOVERNMENT,  BY
 ADDING THE ANNUAL COSTS OF SUCH SETTLEMENT TO THE TAX LEVY LIMITATION.
   (E)  THE STATE COMPTROLLER SHALL DETERMINE THE PORTION OF THE TAX LEVY
 OF EACH LOCAL  GOVERNMENT  THAT  IS  ATTRIBUTABLE  TO  ANY  INCREASE  OR
 DECREASE  OVER  THE PRIOR YEAR IN THE COST OF THE LOCAL GOVERNMENT SHARE
 OF DIRECT CASH ASSISTANCE TO PERSONS ELIGIBLE FOR THE  FEDERAL-STATE-LO-
 CAL  TEMPORARY  ASSISTANCE  TO NEEDY FAMILIES PROGRAM OR THE STATE-LOCAL
 SAFETY NET ASSISTANCE PROGRAM AND SHALL ADJUST THE TAX  LEVY  LIMITATION
 FOR SUCH LOCAL GOVERNMENT TO REFLECT SUCH CHANGE.

 S. 4921                             3
 
   4. A LOCAL GOVERNMENT MAY ADOPT A BUDGET THAT REQUIRES A TAX LEVY THAT
 IS  GREATER THAN THE TAX LEVY LIMITATION FOR THE COMING FISCAL YEAR ONLY
 IF THE CITY COUNCIL OF SUCH LOCAL GOVERNMENT FIRST  ENACTS,  BY  A  TWO-
 THIRDS  VOTE OF THE TOTAL VOTING POWER OF SUCH CITY COUNCIL, A LOCAL LAW
 TO OVERRIDE SUCH LIMITATION FOR SUCH COMING FISCAL YEAR ONLY.
   5.  IN  THE  EVENT  A  LOCAL  GOVERNMENT'S ACTUAL TAX LEVY FOR A GIVEN
 FISCAL YEAR EXCEEDS THE MAXIMUM ALLOWABLE LEVY AS  ESTABLISHED  PURSUANT
 TO  THIS  SECTION DUE TO CLERICAL OR TECHNICAL ERRORS, THE LOCAL GOVERN-
 MENT SHALL PLACE THE EXCESS AMOUNT OF THE LEVY IN RESERVE IN  ACCORDANCE
 WITH SUCH REQUIREMENTS AS THE STATE COMPTROLLER MAY PRESCRIBE, AND SHALL
 USE  SUCH  FUNDS  AND ANY INTEREST EARNED THEREON TO OFFSET THE TAX LEVY
 FOR THE ENSUING FISCAL YEAR.
   § 2. Paragraphs j and k of subdivision 2 of section 23 of the  munici-
 pal home rule law are relettered paragraphs k and l, and a new paragraph
 j is added to read as follows:
   J.  OVERRIDES THE TAX LEVY LIMITATION APPLICABLE FOR THE COMING FISCAL
 YEAR IN ACCORDANCE WITH SECTION THREE-D OF THE GENERAL MUNICIPAL LAW.
   §  3.  This act shall take effect immediately and shall first apply to
 the levy of taxes by local governments for the fiscal year  that  begins
 in 2022.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S4921

Sponsored By

Archive: Last Bill Status - In Senate Committee Cities 1 Committee

2021-S4921 (ACTIVE) - Details

2021-S4921 (ACTIVE) - Summary

2021-S4921 (ACTIVE) - Sponsor Memo

2021-S4921 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4921

Share this bill

Sponsored By

Andrew J. Lanza

Archive: Last Bill Status - In Senate Committee Cities 1 Committee

2021-S4921 (ACTIVE) - Details

2021-S4921 (ACTIVE) - Summary

2021-S4921 (ACTIVE) - Sponsor Memo

2021-S4921 (ACTIVE) - Bill Text download pdf

Comments