A. 10600 2
PART A
Section 1. Subdivision 1 of section 1802 of the real property tax law
is amended by adding a new paragraph class one-a to read as follows:
CLASS ONE-A: IN A CITY WITH A POPULATION OF ONE MILLION OR MORE (A)
ALL ONE, TWO AND THREE FAMILY RESIDENTIAL REAL PROPERTY, INCLUD-
ING SUCH DWELLINGS USED IN PART FOR NONRESIDENTIAL PURPOSES BUT
WHICH ARE USED PRIMARILY FOR RESIDENTIAL PURPOSES, INCLUDING
PROPERTY HELD IN COOPERATIVE OR CONDOMINIUM FORMS OF OWNERSHIP;
AND PROVIDED THAT, NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH
(G) OF SUBDIVISION TWELVE OF SECTION ONE HUNDRED TWO OF THIS
CHAPTER, A MOBILE HOME OR A TRAILER SHALL NOT BE CLASSIFIED
WITHIN THIS CLASS UNLESS IT IS OWNER-OCCUPIED AND SEPARATELY
ASSESSED; AND (B) RESIDENTIAL REAL PROPERTY CONSISTING OF ONE
FAMILY HOUSE STRUCTURES OWNED BY THE OCCUPANT, SITUATED ON LAND
HELD IN COOPERATIVE OWNERSHIP BY OWNER OCCUPIERS; AND (C) ALL
VACANT LAND (I) OTHER THAN SUCH LAND IN THE BOROUGH OF MANHAT-
TAN, PROVIDED THAT ANY SUCH VACANT LAND WHICH IS NOT ZONED RESI-
DENTIAL MUST BE SITUATED IMMEDIATELY ADJACENT TO PROPERTY
IMPROVED WITH A RESIDENTIAL STRUCTURE AS DEFINED IN SUBPARA-
GRAPHS (A) AND (B) OF THIS PARAGRAPH, BE OWNED BY THE SAME OWNER
AS SUCH IMMEDIATELY ADJACENT RESIDENTIAL PROPERTY IMMEDIATELY
PRIOR TO AND SINCE JANUARY 1, 1989, AND HAVE A TOTAL AREA NOT
EXCEEDING 10,000 SQUARE FEET; AND (II) LOCATED IN THE BOROUGH OF
MANHATTAN NORTH OF OR ADJACENT TO THE NORTH SIDE OF 110TH STREET
PROVIDED SUCH VACANT LAND WAS CLASSIFIED WITHIN THIS CLASS ON
THE ASSESSMENT ROLL WITH A TAXABLE STATUS DATE OF JANUARY 5,
2008 AND THE OWNER OF SUCH LAND HAS ENTERED INTO A RECORDED
AGREEMENT WITH A GOVERNMENTAL ENTITY ON OR BEFORE DECEMBER 31,
2008 REQUIRING CONSTRUCTION OF HOUSING AFFORDABLE TO PERSONS OR
FAMILIES OF LOW INCOME IN ACCORDANCE WITH THE PROVISIONS OF THE
PRIVATE HOUSING FINANCE LAW; AND (D) ALL RESIDENTIAL REAL PROP-
ERTY CONSISTING OF FOUR-TEN UNIT RENTAL DWELLINGS. NOTWITHSTAND-
ING THE FOREGOING, SUCH VACANT LAND SHALL BE CLASSIFIED ACCORD-
ING TO ITS USE ON THE ASSESSMENT ROLL WITH A TAXABLE STATUS DATE
IMMEDIATELY FOLLOWING COMMENCEMENT OF CONSTRUCTION, PROVIDED,
FURTHER, THAT CONSTRUCTION PURSUANT TO AN APPROVED PLAN FOR
AFFORDABLE HOUSING SHALL HAVE COMMENCED NO LATER THAN DECEMBER
31, 2010;
§ 2. Paragraph class one of subdivision 1 of section 1802 of the real
property tax law, as amended by chapter 332 of the laws of 2008, is
amended to read as follows:
Class one: OUTSIDE A CITY WITH A POPULATION OF ONE MILLION OR MORE
(a) all one, two and three family residential real property,
including such dwellings used in part for nonresidential
purposes but which are used primarily for residential purposes,
except such property held in cooperative or condominium forms of
ownership other than (i) property defined in subparagraphs (b)
and (c) of this paragraph and (ii) property which contains no
more than three dwelling units held in condominium form of
ownership and which was classified within this class on a previ-
ous assessment roll; and provided that, notwithstanding the
provisions of paragraph (g) of subdivision twelve of section one
hundred two of this chapter, a mobile home or a trailer shall
not be classified within this class unless it is owner-occupied
and separately assessed; and (b) residential real property not
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more than three stories in height held in condominium form of
ownership, provided that no dwelling unit therein previously was
on an assessment roll as a dwelling unit in other than condomin-
ium form of ownership; and (c) residential real property
consisting of one family house structures owned by the occupant,
situated on land held in cooperative ownership by owner occupi-
ers, provided that; (i) such house structures and land consti-
tuted bungalow colonies in existence prior to nineteen hundred
forty; and (ii) the land is held in cooperative ownership for
the sole purpose of maintaining one family residences for
members own use; and (d) all vacant land located within a
special assessing unit which is a city [(i) other than such land
in the borough of Manhattan], provided that any such vacant land
which is not zoned residential must be situated immediately
adjacent to property improved with a residential structure as
defined in subparagraphs (a) and (b) of this paragraph, be owned
by the same owner as such immediately adjacent residential prop-
erty immediately prior to and since January 1, 1989, and have a
total area not exceeding 10,000 square feet; [and (ii) located
in the borough of Manhattan north of or adjacent to the north
side of 110th street provided such vacant land was classified
within this class on the assessment roll with a taxable status
date of January 5, 2008 and the owner of such land has entered
into a recorded agreement with a governmental entity on or
before December 31, 2008 requiring construction of housing
affordable to persons or families of low income in accordance
with the provisions of the private housing finance law. Notwith-
standing the foregoing, such vacant land shall be classified
according to its use on the assessment roll with a taxable
status date immediately following commencement of construction,
provided further, that construction pursuant to an approved plan
for affordable housing shall commence no later than December 31,
2010;] and (e) all vacant land located within a special assess-
ing unit which is not a city, provided that such vacant land
which is not zoned residential must be situated immediately
adjacent to real property defined in subparagraph (a), (b) or
(c) of this paragraph and be owned by the same person or persons
who own the real property defined in such subparagraph imme-
diately prior to and since January 1, 2003;
§ 3. The real property tax law is amended by adding a new section
1803-c to read as follows:
§ 1803-C. REAL PROPERTY TAX RATES IN A CITY OF ONE MILLION OR MORE
DURING THE PHASE-IN PERIOD. 1. BEGINNING IN THE FIRST YEAR OF THE PHASE-
IN PERIOD PURSUANT TO SUBDIVISION SEVEN OF SECTION EIGHTEEN HUNDRED FIVE
OF THIS ARTICLE, THE LEGISLATIVE BODY OF THE ASSESSING UNIT SHALL LEVY
ANNUAL TAXES AT SUCH RATES THAT THE REVENUE PROJECTED IS NO MORE THAN
ONE PER CENTUM GREATER THAN THE REVENUE OF THE PREVIOUS YEAR, AND THAT
RESULT IN ALL PROPERTIES IN EACH PROPERTY CLASS CONTRIBUTING THE SAME
PERCENTAGE OF GROSS LEVY AS THE PREVIOUS YEAR, IRRESPECTIVE OF THEIR
CLASSIFICATION IN THE PREVIOUS YEAR. THEREAFTER, ANY CHANGE IN ANNUAL
TAX RATES MUST RETAIN THE SAME RATIO AMONG CLASS RATES FOR THE DURATION
OF THE PHASE-IN PERIOD.
2. BEGINNING WITH THE FIRST YEAR FOLLOWING THE PHASE-IN PERIOD PURSU-
ANT TO SUBDIVISION SEVEN OF SECTION EIGHTEEN HUNDRED FIVE OF THIS ARTI-
CLE, THE COMMISSIONER OF FINANCE SHALL CONDUCT A RATIO STUDY, IN ACCORD-
ANCE WITH THE MOST RECENT STANDARD ON RATIO STUDIES FROM THE
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INTERNATIONAL ASSOCIATION OF ASSESSING OFFICERS, TO DETERMINE THE EFFEC-
TIVE TAX RATES OF ALL PROPERTY CLASSES AND RECOMMEND ANY CHANGE IN THEIR
RATIO.
3. IN THE FIRST YEAR FOLLOWING THE PHASE-IN PERIOD PURSUANT TO SUBDI-
VISION SEVEN OF SECTION EIGHTEEN HUNDRED FIVE OF THIS ARTICLE, THE
LEGISLATIVE BODY SHALL SET ANNUAL TAX RATES FOR EACH PROPERTY CLASS IN
PROPORTION TO ITS SHARE OF THE TOTAL FAIR MARKET VALUE OF ALL REAL PROP-
ERTY AS ENTERED ON THE MOST RECENT FINAL ASSESSMENT ROLL. THEREAFTER,
ANY CHANGE IN ANNUAL TAX RATES MUST RETAIN THE SAME RATIO AMONG CLASS
RATES UNTIL THE PUBLICATION OF A NEW RATIO STUDY PURSUANT TO SUBDIVISION
TWO OF THIS SECTION, WHEREUPON THE LEGISLATIVE BODY MAY ALTER THE RATIO
OF ANNUAL TAX RATES FOR THE COMING YEAR IN CONSULTATION WITH SUCH STUDY.
§ 4. Subdivision (a) of section 1801 of the real property tax law, as
added by chapter 1057 of the laws of 1981, is amended to read as
follows:
(a) "Special assessing unit" means an assessing unit with a population
of one million or more, WHICH IS NOT A CITY.
§ 5. Subdivision (f) of section 1801 of the real property tax law, as
amended by chapter 191 of the laws of 2001, is amended to read as
follows:
(f) "Base proportion" means [either: (1) for a special assessing unit
which is not a city, the proportion of the taxable assessed value of
real property which each class constituted of the total taxable assessed
value of all real property as entered on the final assessment roll
completed and filed in calendar year nineteen hundred eighty-one of such
special assessing unit or on the part of that assessment roll applicable
to a portion of the special assessing unit, except that for town and
county special districts not included within the definition of portion,
the applicable roll shall be that which was completed and filed in
calendar year two thousand one, or (2) for a special assessing unit
which is a city,] the proportion of the taxable assessed value of real
property which each class constituted of the total taxable assessed
value of all real property as entered on the final assessment roll
completed and filed in calendar year nineteen hundred eighty-four, and
as adjusted to account for properties exempted under section four
hundred fifty-eight of this chapter to the extent such properties are
taxable for education purposes, provided, however, that the taxable
assessed value of real property subject to a transition assessment
pursuant to subdivision three of section eighteen hundred five of this
article shall be determined from the lesser of the transition assessment
or actual assessment.
§ 6. Paragraph (b) of subdivision 1 of section 1803-b of the real
property tax law is REPEALED.
§ 7. Subdivision 2 of section 305 of the real property tax law, as
added by chapter 1057 of the laws of 1981, is amended to read as
follows:
2. All real property in each assessing unit shall be assessed at a
uniform percentage of value (fractional assessment) [except that, if the
administrative code of a city with a population of one million or more
permitted, prior to January first, nineteen hundred eighty-one, a clas-
sified assessment standard, such standard shall govern unless such city
by local law shall elect to be governed by the provisions of this
section]. IN A CITY WITH A POPULATION OF ONE MILLION OR MORE, ALL REAL
PROPERTY IN EACH ASSESSING UNIT SHALL BE ASSESSED AT ONE HUNDRED PERCENT
OF ITS FAIR MARKET VALUE.
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§ 8. Section 1805 of the real property tax law is amended by adding a
new subdivision 7 to read as follows:
7. (A) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, IN A CITY
WITH A POPULATION OF ONE MILLION OR MORE, BEGINNING WITH THE ASSESSMENT
ROLL COMPLETED IN TWO THOUSAND TWENTY-FIVE, FOR A CLASS ONE PROPERTY,
THE ASSESSOR SHALL COMPUTE ANY INCREASE IN TAX LIABILITY DUE TO AN
INCREASE IN ASSESSED VALUE AS A PHASE-IN PURSUANT TO THE PROVISIONS OF
THIS SUBDIVISION. THE ANNUAL TAX DURING EACH TAXABLE YEAR OF THE PHASE-
IN PERIOD SHALL BE COMPUTED AS FOLLOWS:
(I) MULTIPLY THE SALES-BASED VALUATION OF THE PROPERTY IN THE FIRST
TAXABLE YEAR OF THE PHASE-IN BY THE NEW TAX RATE;
(II) SUBTRACT FROM THE RESULT OBTAINED IN SUBPARAGRAPH (I) OF THIS
PARAGRAPH THE ANNUAL TAX FOR THE FINAL TAXABLE YEAR BEFORE THE PHASE-IN
PERIOD;
(III) DIVIDE THE RESULT OBTAINED IN SUBPARAGRAPH (II) OF THIS PARA-
GRAPH BY FIVE;
(IV) ADD THE RESULT OBTAINED IN SUBPARAGRAPH (III) OF THIS PARAGRAPH
TO THE ANNUAL TAX FOR THE PREVIOUS YEAR;
(V) MULTIPLY THE MOST RECENT SALES-BASED VALUATION BY THE NEW TAX
RATE;
(VI) SUBTRACT THE RESULT OBTAINED IN SUBPARAGRAPH (I) OF THIS PARA-
GRAPH FROM THE RESULT OBTAINED IN SUBPARAGRAPH (V) OF THIS PARAGRAPH;
AND
(VII) ADD THE RESULT OBTAINED IN SUBPARAGRAPH (VI) OF THIS PARAGRAPH
TO THE RESULT OBTAINED IN SUBPARAGRAPH (IV) OF THIS PARAGRAPH.
(B) FOR TAXABLE YEARS DURING THE PHASE-IN PERIOD, THE AMOUNT
PRESCRIBED BY THIS SUBDIVISION FOR A PROPERTY OWNER QUALIFIED FOR THE
CIRCUIT BREAKER ABATEMENT PURSUANT TO SECTION FOUR HUNDRED TWENTY-FIVE-B
OF THIS CHAPTER SHALL BE COMPUTED TO INCLUDE SUCH REDUCTION.
(C) IF A CLASS ONE PROPERTY IS SOLD DURING THE PHASE-IN PERIOD, THE
ANNUAL TAX FOR THE FIRST TAXABLE YEAR AFTER ITS SALE SHALL BE COMPUTED
AS FOLLOWS:
(I) MULTIPLY THE SALES-BASED VALUATION OF THE PROPERTY IN THE FIRST
YEAR OF THE PHASE-IN BY THE NEW TAX RATE;
(II) SUBTRACT FROM THE RESULT OBTAINED IN SUBPARAGRAPH (I) OF THIS
PARAGRAPH THE ANNUAL TAX FOR THE FINAL TAXABLE YEAR BEFORE THE PHASE-IN
PERIOD;
(III) DIVIDE THE RESULT OBTAINED IN SUBPARAGRAPH (II) OF THIS PARA-
GRAPH BY FIVE;
(IV) MULTIPLY THE RESULT OBTAINED IN SUBPARAGRAPH (III) OF THIS PARA-
GRAPH BY THE NUMBER OF TAXABLE YEARS REMAINING IN THE PHASE-IN PERIOD,
INCLUDING THE ONE FOR WHICH THIS ANNUAL TAX IS COMPUTED; AND
(V) ADD THE RESULT OBTAINED IN SUBPARAGRAPH (IV) OF THIS PARAGRAPH TO
THE RESULT OBTAINED IN SUBPARAGRAPH (I) OF THIS PARAGRAPH.
THEREAFTER, THE ANNUAL TAX SHALL BE THE SALES-BASED VALUATION MULTI-
PLIED BY THE NEW TAX RATE. THE AMOUNT PRESCRIBED BY THIS PARAGRAPH
FOR A PROPERTY OWNER QUALIFIED FOR THE CIRCUIT BREAKER ABATEMENT PURSU-
ANT TO SECTION FOUR HUNDRED TWENTY-FIVE-B OF THIS CHAPTER SHALL BE
COMPUTED TO INCLUDE SUCH REDUCTION.
§ 9. This act shall take effect immediately.
PART B
Section 1. The real property tax law is amended by adding a new
section 420-d to read as follows:
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§ 420-D. HOMESTEAD EXEMPTION. 1. (A) WITHIN A CITY HAVING A POPU-
LATION OF ONE MILLION OR MORE, ANY CLASS ONE PROPERTY SHALL BE EXEMPT
FROM TAXATION AND SPECIAL AD VALOREM LEVIES AS PROVIDED IN SUBDIVISION
TWO OF THIS SECTION.
(B) TO QUALIFY FOR EXEMPTION PURSUANT TO THIS SECTION, THE PROPERTY
MUST BE A CLASS ONE PROPERTY. IF THE PROPERTY IS NOT ELIGIBLE BUT A
PORTION OF THE PROPERTY IS PARTIALLY USED BY A QUALIFYING OWNER AS A
PRIMARY RESIDENCE, THAT PORTION WHICH IS SO USED SHALL BE ENTITLED TO
THE EXEMPTION PROVIDED BY THIS SECTION.
(C) THE PROPERTY MUST SERVE AS THE PRIMARY RESIDENCE OF ONE OR MORE OF
THE OWNERS THEREOF.
(D) FOR PURPOSES OF THE EXEMPTION AUTHORIZED BY THIS SECTION, THE
PARCEL'S AFFILIATED INCOME MAY BE LESS THAN FIVE HUNDRED THOUSAND
DOLLARS. AS USED IN THIS SECTION, THE TERM "AFFILIATED INCOME" SHALL
MEAN THE COMBINED INCOME OF ALL OF THE OWNERS OF THE PARCEL WHO RESIDED
PRIMARILY THEREON ON THE APPLICABLE TAXABLE STATUS DATE, AND OF ANY
OWNERS' SPOUSES RESIDING PRIMARILY THEREON. THE TERM "INCOME" AS USED
HEREIN SHALL HAVE THE SAME MEANING AS IN SUBDIVISION THREE OF THIS
SECTION.
(E) TITLE TO THAT PORTION OF REAL PROPERTY OWNED BY A COOPERATIVE
APARTMENT CORPORATION IN WHICH A TENANT-STOCKHOLDER OF SUCH CORPORATION
RESIDES, AND WHICH IS REPRESENTED BY THE TENANT-STOCKHOLDER'S SHARE OR
SHARES OF STOCK IN SUCH CORPORATION AS DETERMINED BY ITS OR THEIR
PROPORTIONAL RELATIONSHIP TO THE TOTAL OUTSTANDING STOCK OF THE CORPO-
RATION, INCLUDING THAT OWNED BY THE CORPORATION, SHALL BE DEEMED TO BE
VESTED IN SUCH TENANT-STOCKHOLDER. THAT PROPORTION OF THE ASSESSMENT OF
SUCH REAL PROPERTY OWNED BY A COOPERATIVE APARTMENT CORPORATION DETER-
MINED BY THE RELATIONSHIP OF SUCH REAL PROPERTY VESTED IN SUCH TENANT-
STOCKHOLDER TO SUCH ENTIRE PARCEL AND THE BUILDINGS THEREON OWNED BY
SUCH COOPERATIVE APARTMENT CORPORATION IN WHICH SUCH TENANT-STOCKHOLDER
RESIDES SHALL BE SUBJECT TO EXEMPTION FROM TAXATION PURSUANT TO THIS
SECTION AND ANY EXEMPTION SO GRANTED SHALL BE CREDITED BY THE APPROPRI-
ATE TAXING AUTHORITY AGAINST THE ASSESSED VALUATION OF SUCH REAL PROPER-
TY; THE REDUCTION IN REAL PROPERTY TAXES REALIZED THEREBY SHALL BE CRED-
ITED BY THE COOPERATIVE APARTMENT CORPORATION AGAINST THE AMOUNT OF SUCH
TAXES OTHERWISE PAYABLE BY OR CHARGEABLE TO SUCH TENANT-STOCKHOLDER.
2. THE HOMESTEAD PROPERTY TAX EXEMPTION PROVIDED BY THIS SECTION SHALL
BE AS FOLLOWS:
ANNUAL INCOME PERCENTAGE FAIR MARKET VALUE
ASSESSED VALUATION
EXEMPT FROM TAXATION
UP TO $375,000 20 PER CENTUM
OVER $375,000 UP TO $400,000 16 PER CENTUM
OVER $400,000 UP TO $425,000 12 PER CENTUM
OVER $425,000 UP TO $450,000 8 PER CENTUM
OVER $450,000 UP TO $475,000 4 PER CENTUM
OVER $475,000 UP TO $500,000 2 PER CENTUM
3. THE TERM "INCOME" AS USED IN THIS SECTION SHALL MEAN THE "ADJUSTED
GROSS INCOME" FOR FEDERAL INCOME TAX PURPOSES AS REPORTED ON THE APPLI-
CANT'S FEDERAL OR STATE INCOME TAX RETURN FOR THE APPLICABLE INCOME TAX
YEAR, SUBJECT TO ANY SUBSEQUENT AMENDMENTS OR REVISIONS, REDUCED BY
DISTRIBUTIONS, TO THE EXTENT INCLUDED IN FEDERAL ADJUSTED GROSS INCOME,
RECEIVED FROM AN INDIVIDUAL RETIREMENT ACCOUNT AND AN INDIVIDUAL RETIRE-
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MENT ANNUITY; PROVIDED THAT IF NO SUCH RETURN WAS FILED FOR THE APPLICA-
BLE INCOME TAX YEAR, "INCOME" SHALL MEAN THE ADJUSTED GROSS INCOME THAT
WOULD HAVE BEEN SO REPORTED IF SUCH A RETURN HAD BEEN FILED. PROVIDED
FURTHER, THAT WHERE AN INCOME-ELIGIBILITY DETERMINATION IS WHOLLY OR
PARTLY BASED UPON THE INCOME OF ONE OR MORE INDIVIDUALS WHO DID NOT FILE
A RETURN FOR THE APPLICABLE INCOME TAX YEAR, THEN IN ORDER FOR THE
APPLICATION TO BE CONSIDERED COMPLETE, EACH SUCH INDIVIDUAL MUST FILE A
STATEMENT WITH THE DEPARTMENT SHOWING THE SOURCE OR SOURCES OF THEIR
INCOME FOR THAT INCOME TAX YEAR, AND THE AMOUNT OR AMOUNTS THEREOF, THAT
WOULD HAVE BEEN REPORTED ON SUCH A RETURN IF ONE HAD BEEN FILED. SUCH
STATEMENT SHALL BE FILED AT SUCH TIME, AND IN SUCH FORM AND MANNER, AS
MAY BE PRESCRIBED BY THE DEPARTMENT, AND SHALL BE SUBJECT TO THE SECRECY
PROVISIONS OF THE TAX LAW TO THE SAME EXTENT THAT A PERSONAL INCOME TAX
RETURN WOULD BE. THE DEPARTMENT SHALL MAKE SUCH FORMS AND INSTRUCTIONS
AVAILABLE FOR THE FILING OF SUCH STATEMENTS. THE ASSESSOR SHALL UPON THE
REQUEST OF A TAXPAYER ASSIST SUCH TAXPAYER IN THE FILING OF THE STATE-
MENT WITH THE DEPARTMENT.
4. ANY EXEMPTION PROVIDED BY THIS SECTION SHALL BE COMPUTED AFTER ALL
OTHER PARTIAL EXEMPTIONS ALLOWED BY LAW, EXCLUDING THE SCHOOL TAX RELIEF
(STAR) EXEMPTION AUTHORIZED BY SECTION FOUR HUNDRED TWENTY-FIVE OF THIS
TITLE, HAVE BEEN SUBTRACTED FROM THE TOTAL AMOUNT ASSESSED; PROVIDED,
HOWEVER, THAT NO PARCEL MAY RECEIVE AN EXEMPTION FOR THE SAME PILOT OR
MUNICIPAL TAX PURPOSE PURSUANT TO BOTH THIS SECTION AND SECTION FOUR
HUNDRED SIXTY-SEVEN OF THIS TITLE.
5. THE COMMISSIONER MAY REQUIRE SUCH EXEMPTION TO BE GRANTED UPON
APPLICATION BY THE OWNER OR ALL OF THE OWNERS OF THE REAL PROPERTY ON A
FORM PRESCRIBED AND MADE AVAILABLE BY THE COMMISSIONER. THE APPLICANT
SHALL FURNISH SUCH INFORMATION AS THE COMMISSIONER SHALL REQUIRE. APPLI-
CATIONS FOR THE EXEMPTION AUTHORIZED PURSUANT TO THIS SECTION SHALL BE
CONSIDERED TIMELY FILED IF THEY ARE FILED ON OR BEFORE THE FIFTEENTH DAY
OF MARCH OF THE APPROPRIATE YEAR.
6. IT SHALL BE THE RESPONSIBILITY OF THE COMMISSIONER TO ANNUALLY
DETERMINE ALL INCOME STANDARDS PURSUANT TO THIS SECTION, TO CAUSE NOTICE
THEREOF TO BE PUBLISHED IN THE STATE REGISTER, TO DISSEMINATE NOTICE
THEREOF TO ASSESSORS, AND SUCH OTHER PARTIES AS DEEMED APPROPRIATE.
§ 2. This act shall take effect immediately.
PART C
Section 1. The real property tax law is amended by adding a new
section 425-b to read as follows:
§ 425-B. PROPERTY TAX CIRCUIT BREAKER ABATEMENT. 1. A CITY WITH A
POPULATION OF ONE MILLION OR MORE SHALL PROVIDE FOR A REAL PROPERTY TAX
ABATEMENT AS SET FORTH IN THIS SECTION.
2. FOR THE PURPOSES OF THIS SECTION:
(A) "QUALIFIED TAXPAYER" MEANS A RESIDENT INDIVIDUAL WHO OWNS THE
CLASS ONE OR CLASS TWO RESIDENTIAL REAL PROPERTY AND WHO RESIDES IN SUCH
PROPERTY.
(B) "HOUSEHOLD" OR "MEMBERS OF THE HOUSEHOLD" MEANS A QUALIFIED
TAXPAYER OR QUALIFIED TAXPAYERS AND ALL OTHER PERSONS, NOT NECESSARILY
RELATED, WHO ALL RESIDE IN THE RESIDENTIAL REAL PROPERTY OWNED BY THE
TAXPAYER OR TAXPAYERS, AND SHARE ITS FURNISHINGS, FACILITIES AND ACCOM-
MODATIONS; PROVIDED THAT NO PERSON MAY BE A MEMBER OF MORE THAN ONE
HOUSEHOLD AT ONE TIME.
(C) "HOUSEHOLD GROSS INCOME" MEANS THE AGGREGATE ADJUSTED GROSS INCOME
OF ALL MEMBERS OF THE HOUSEHOLD FOR THE TAXABLE YEAR AS REPORTED FOR
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FEDERAL INCOME TAX PURPOSES, OR WHICH WOULD BE REPORTED AS ADJUSTED
GROSS INCOME IF A FEDERAL INCOME TAX RETURN WERE REQUIRED TO BE FILED,
WITH THE MODIFICATIONS IN SUBSECTION (B) OF SECTION SIX HUNDRED TWELVE
OF THE TAX LAW BUT WITHOUT THE MODIFICATIONS IN SUBSECTION (C) OF SUCH
SECTION, PLUS ANY PORTION OF THE GAIN FROM THE SALE OR EXCHANGE OF PROP-
ERTY OTHERWISE EXCLUDED FROM SUCH AMOUNT; EARNED INCOME FROM SOURCES
WITHOUT THE UNITED STATES EXCLUDABLE FROM FEDERAL GROSS INCOME BY
SECTION NINE HUNDRED ELEVEN OF THE INTERNAL REVENUE CODE; SUPPORT MONEY
NOT INCLUDED IN ADJUSTED GROSS INCOME; NONTAXABLE STRIKE BENEFITS;
SUPPLEMENTAL SECURITY INCOME PAYMENTS; THE GROSS AMOUNT OF ANY PENSION
OR ANNUITY BENEFITS TO THE EXTENT NOT INCLUDED IN SUCH ADJUSTED GROSS
INCOME (INCLUDING, BUT NOT LIMITED TO, RAILROAD RETIREMENT BENEFITS AND
ALL PAYMENTS RECEIVED UNDER THE FEDERAL SOCIAL SECURITY ACT AND VETER-
ANS' DISABILITY PENSIONS); NONTAXABLE INTEREST RECEIVED FROM THE STATE
OF NEW YORK, ITS AGENCIES, INSTRUMENTALITIES, PUBLIC CORPORATIONS, OR
POLITICAL SUBDIVISIONS (INCLUDING A PUBLIC CORPORATION CREATED PURSUANT
TO AGREEMENT OR COMPACT WITH ANOTHER STATE OR CANADA); WORKERS' COMPEN-
SATION; THE GROSS AMOUNT OF "LOSS-OF-TIME" INSURANCE; AND THE AMOUNT OF
CASH PUBLIC ASSISTANCE AND RELIEF, OTHER THAN MEDICAL ASSISTANCE FOR
NEEDY PERSONS, PAID TO OR FOR THE BENEFIT OF THE QUALIFIED TAXPAYER OR
MEMBERS OF THEIR HOUSEHOLD. HOUSEHOLD GROSS INCOME SHALL NOT INCLUDE
SURPLUS FOODS OR OTHER RELIEF IN KIND OR PAYMENTS MADE TO INDIVIDUALS
BECAUSE OF THEIR STATUS AS VICTIMS OF NAZI PERSECUTION AS DEFINED IN
PUBLIC LAW 103-286 OR ANY DISABILITY COMPENSATION RECEIVED BY VETERANS
ON ACCOUNT OF INJURY OR ILLNESS INCURRED OR AGGRAVATED DURING MILITARY
SERVICE IN THE WARS IN AFGHANISTAN AND IRAQ SINCE SEPTEMBER ELEVENTH,
TWO THOUSAND ONE. PROVIDED, FURTHER, HOUSEHOLD GROSS INCOME SHALL ONLY
INCLUDE ALL SUCH INCOME RECEIVED BY ALL MEMBERS OF THE HOUSEHOLD WHILE
MEMBERS OF SUCH HOUSEHOLD.
(D) "NET REAL PROPERTY TAX" MEANS THE REAL PROPERTY TAXES ASSESSED ON
THE RESIDENTIAL REAL PROPERTY OWNED AND OCCUPIED BY THE TAXPAYER OR
TAXPAYERS AFTER ANY EXEMPTION OR ABATEMENT RECEIVED PURSUANT TO THIS
CHAPTER.
3. (A) AN ABATEMENT PROVIDED BY THIS SECTION SHALL BE COMPUTED AFTER
ALL OTHER EXEMPTIONS ALLOWED BY LAW HAVE BEEN SUBTRACTED FROM THE TOTAL
AMOUNT ASSESSED.
(B) THE REAL PROPERTY TAX ON A PARCEL OF AN ELIGIBLE TAXPAYER SHALL BE
ABATED BY THE ABATEMENT AMOUNT, WHICH SHALL BE CALCULATED BY MULTIPLYING
THE TAXABLE ASSESSED VALUATION, AFTER APPLICATION OF ALL OTHER
EXEMPTIONS FOR WHICH SUCH PARCEL IS ELIGIBLE, BY THE ABATEMENT TAX RATE
DETERMINED PURSUANT TO THIS SUBDIVISION, PROVIDED THAT THE ABATEMENT
AMOUNT SHALL NOT EXCEED TEN THOUSAND DOLLARS.
(C) A QUALIFIED TAXPAYER WHOSE PROPERTY TAX LIABILITY IS GREATER THAN
TEN PER CENTUM OF THEIR INCOME SHALL BE ELIGIBLE FOR AN ABATEMENT FROM
PROPERTY TAXES, UP TO TEN THOUSAND DOLLARS, AS FOLLOWS:
HOUSEHOLD GROSS INCOME: ABATEMENT IS:
$58,000 OR LESS ONE HUNDRED PER CENTUM OF REMAINING TAX
LIABILITY WHICH IS GREATER THAN TEN
PER CENTUM OF HOUSEHOLD INCOME
GREATER THAN $58,000 UP TO SEVENTY-EIGHT PER CENTUM OF REMAINING
$65,000 TAX LIABILITY WHICH IS GREATER
THAN TEN PER CENTUM OF HOUSEHOLD INCOME
GREATER THAN $65,000 UP TO SIXTY-THREE PER CENTUM OF REMAINING
$70,000 TAX LIABILITY WHICH IS GREATER THAN
TEN PER CENTUM OF HOUSEHOLD INCOME
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GREATER THAN $70,000 UP TO FORTY-EIGHT PER CENTUM OF REMAINING
$75,000 TAX LIABILITY WHICH IS GREATER THAN TEN
PER CENTUM OF HOUSEHOLD INCOME
GREATER THAN $75,000 UP TO THIRTY-TWO PER CENTUM OF REMAINING
$80,000 TAX LIABILITY WHICH IS GREATER THAN TEN
PER CENTUM OF HOUSEHOLD INCOME
GREATER THAN $80,000 UP TO SEVENTEEN PER CENTUM OF REMAINING TAX
$85,000 LIABILITY WHICH IS GREATER THAN TEN
PER CENTUM OF HOUSEHOLD INCOME
GREATER THAN $85,000 UP TO TWO PER CENTUM OF REMAINING TAX
$100,000 LIABILITY WHICH IS GREATER THAN TEN
PER CENTUM OF HOUSEHOLD INCOME
4. (A) TITLE TO THAT PORTION OF REAL PROPERTY OWNED BY A COOPERATIVE
APARTMENT CORPORATION IN WHICH A TENANT-STOCKHOLDER OF SUCH CORPORATION
RESIDES, AND WHICH IS REPRESENTED BY THE TENANT-STOCKHOLDER'S SHARE OR
SHARES OF STOCK IN SUCH CORPORATION AS DETERMINED BY ITS OR THEIR
PROPORTIONAL RELATIONSHIP TO THE TOTAL OUTSTANDING STOCK OF THE CORPO-
RATION, INCLUDING THAT OWNED BY THE CORPORATION, SHALL BE DEEMED TO BE
VESTED IN SUCH TENANT-STOCKHOLDER.
(B) THAT PROPORTION OF THE ASSESSMENT OF SUCH REAL PROPERTY OWNED BY A
COOPERATIVE APARTMENT CORPORATION DETERMINED BY THE RELATIONSHIP OF SUCH
REAL PROPERTY VESTED IN SUCH TENANT-STOCKHOLDER TO SUCH ENTIRE PARCEL
AND THE BUILDINGS THEREON OWNED BY SUCH COOPERATIVE APARTMENT CORPO-
RATION IN WHICH SUCH TENANT-STOCKHOLDER RESIDES SHALL BE SUBJECT TO THE
ABATEMENT PURSUANT TO THIS SECTION AND ANY ABATEMENT SO GRANTED SHALL BE
CREDITED BY THE APPROPRIATE TAXING AUTHORITY AGAINST THE ASSESSED VALU-
ATION OF SUCH REAL PROPERTY; THE REDUCTION IN REAL PROPERTY TAXES REAL-
IZED THEREBY SHALL BE CREDITED BY THE COOPERATIVE APARTMENT CORPORATION
AGAINST THE AMOUNT OF SUCH TAXES OTHERWISE PAYABLE BY OR CHARGEABLE TO
SUCH TENANT-STOCKHOLDER.
5. THE COMMISSIONER MAY REQUIRE AN APPLICATION FOR SUCH ABATEMENT TO
BE MADE ANNUALLY BY THE OWNER, OR ALL OF THE OWNERS OF THE PROPERTY, ON
FORMS PRESCRIBED BY THE COMMISSIONER, AND SHALL BE FILED IN SUCH
ASSESSOR'S OFFICE ON OR BEFORE THE APPROPRIATE TAXABLE STATUS DATE.
6. (A) THE COMMISSIONER OF FINANCE SHALL INITIALLY, AND ANNUALLY THER-
EAFTER, DETERMINE THE ELIGIBILITY OF TAXPAYERS FOR THE ABATEMENT ALLOWED
BY THIS SECTION.
(B) AT LEAST SIXTY DAYS PRIOR TO THE APPROPRIATE TAXABLE STATUS DATE,
THE ASSESSOR SHALL MAIL TO EACH PERSON WHO WAS GRANTED AN ABATEMENT
PURSUANT TO THIS SECTION ON THE LATEST COMPLETED ASSESSMENT ROLL AN
APPLICATION FORM AND A NOTICE THAT SUCH APPLICATION MUST BE FILED ON OR
BEFORE THE TAXABLE STATUS DATE AND BE APPROVED IN ORDER FOR THE
EXEMPTION TO CONTINUE TO BE GRANTED. FAILURE TO MAIL SUCH APPLICATION
FORM OR THE FAILURE OF SUCH PERSON TO RECEIVE THE SAME SHALL NOT PREVENT
THE LEVY, COLLECTION AND ENFORCEMENT OF THE PAYMENT OF THE TAXES ON
PROPERTY OWNED BY SUCH PERSON.
§ 2. This act shall take effect January 1, 2025 and shall apply to
assessment rolls produced on and after such date.
PART D
Section 1. Section 581 of the real property tax law is REPEALED.
§ 2. Subparagraph (ii) of paragraph (d) of subdivision 1 of section
339-y of the real property law, as amended by chapter 223 of the laws of
1989, is amended to read as follows:
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(ii) on and after January first, nineteen hundred eighty-four, the
homestead class of an approved assessing unit which has adopted the
provisions of section [one thousand nine] NINETEEN hundred three of the
real property tax law, or the homestead class of the portion outside an
approved assessing unit of an eligible split school district which has
adopted the provisions of section nineteen hundred three-a of the real
property tax law; provided, however, that, in an approved assessing unit
which adopted the provisions of section [one thousand nine] NINETEEN
hundred three of the real property tax law prior to the effective date
of this subdivision, paragraph (b) of this subdivision shall apply to
all such real property (i) which is classified within the homestead
class pursuant to paragraph one of subdivision (e) of section [one thou-
sand nine] NINETEEN hundred one of the real property tax law and (ii)
which, regardless of classification, was on the assessment roll prior to
the effective date of this subdivision unless the governing body of such
approved assessing unit provides by local law adopted after a public
hearing, prior to the taxable status date of such assessing unit next
occurring after December thirty-first, nineteen hundred eighty-three,
that such paragraph (b) shall not apply to such real property to which
this clause applies. [Provided further, however, real property subject
to the provisions of this subparagraph shall be assessed pursuant to
subdivision two of section five hundred eighty-one of the real property
tax law.]
§ 3. Paragraph (b) of subdivision 1 of section 730 of the real proper-
ty tax law, as amended by chapter 154 of the laws of 1993, is amended to
read as follows:
(b) the property is: (i) improved by a one, two or three family
owner-occupied structure used exclusively for residential purposes other
than property subject to the assessment limitations of [section five
hundred eighty-one of this chapter and] article nine-B of the real prop-
erty law or (ii) the property is unimproved and is not of sufficient
size as determined by the assessing unit or special assessing unit to
contain a one, two or three family residential structure;
§ 4. Paragraph (b) of subdivision 1 of section 1111 of the real prop-
erty tax law, as added by chapter 532 of the laws of 1994, is amended to
read as follows:
(b) "Residential property" means property which is improved by a one,
two or three family structure used exclusively for residential purposes
other than property subject to the assessment limitations of [section
five hundred eighty-one of this chapter and] article nine-B of the real
property law. A parcel shall be deemed to be residential property for
purposes of this article if the applicable tax roll shows that (i) the
assessor has assigned to the parcel a property classification code in
the residential category, or (ii) the parcel has been included in the
homestead class in an approved assessing unit, or in class one in a
special assessing unit.
§ 5. Paragraph (a) of subdivision 1 of section 1113 of the real prop-
erty tax law, as added by chapter 516 of the laws of 2010, is amended to
read as follows:
(a) "Residential property" means property which is improved by a one,
two, or three family structure used exclusively for residential purposes
other than property subject to the assessment limitations of [section
five hundred eighty-one of this chapter and] article nine-B of the real
property law. A parcel shall be deemed to be residential property for
purposes of this article if applicable tax roll shows that (i) the
assessor has assigned to the parcel a property classification code in
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the residential category, or (ii) the parcel has been included in the
homestead class in an approved assessing unit, or in class one in a
special assessing unit.
§ 6. This act shall take effect immediately.
PART E
Section 1. Section 467-a of the real property tax law is REPEALED.
§ 2. Subdivision (g) of section 11-2105 of the administrative code of
the city of New York, as amended by section 10 of part LL of chapter 407
of the laws of 1999, is amended to read as follows:
(g) Every cooperative housing corporation shall be required to file an
information return with the commissioner of finance as follows: such
information return shall be filed by February fifteenth of the year two
thousand and of each year thereafter, covering the reporting period
beginning on January sixth of the year preceding the filing and ending
on January fifth of the year of the filing. For reporting periods begin-
ning before January sixth, nineteen hundred ninety-nine, such informa-
tion return shall be filed by July fifteenth of each year covering the
preceding period of January first through June thirtieth and by January
fifteenth of each year covering the preceding period of July first
through December thirty-first provided, however, that for the reporting
period from January first through June thirtieth, nineteen hundred
eighty-nine, such information return shall be filed by July thirty-
first, nineteen hundred eighty-nine. The return shall contain such
information regarding the transfer of shares of stock in the cooperative
housing corporation as the commissioner may deem necessary, including
but not limited to, the names, addresses and employer identification
numbers or social security numbers of the grantor and the grantee, the
number of shares transferred, the date of the transfer and the consider-
ation paid for such transfer[, provided, however, that if such cooper-
ative housing corporation elects that such information return be deemed
an application for an abatement pursuant to paragraph (f) of subdivision
three of section four hundred sixty-seven-a of the real property tax
law, such return shall contain the information required pursuant to
paragraph (d) of subdivision three of such section]. The commissioner of
finance may enter into an agreement with the commissioner of taxation
and finance of the state of New York to provide that a single informa-
tion return may be filed for purposes of the tax imposed by this chapter
and the real estate transfer tax imposed by article thirty-one of the
tax law.
§ 3. This act shall take effect immediately.
PART F
Section 1. Section 11-201 of the administrative code of the city of
New York is amended to read as follows:
§ 11-201 Assessments on real property; general powers of finance
department. The commissioner of finance shall be charged generally with
the duty and responsibility of assessing all real property subject to
taxation within the city. THE COMMISSIONER SHALL DETERMINE THE FAIR
MARKET VALUE OF REAL PROPERTY FOR THE PURPOSE OF TAXATION.
§ 2. The real property tax law is amended by adding a new section
305-b to read as follows:
§ 305-B. DETERMINATION OF FAIR MARKET VALUE. IN A CITY WITH A POPU-
LATION OF ONE MILLION OR MORE, THE COMMISSIONER OF FINANCE OF SUCH CITY
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SHALL DETERMINE FAIR MARKET VALUE OF REAL PROPERTY IN SUCH CITY FOR THE
PURPOSES OF REAL PROPERTY TAXATION.
§ 3. This act shall take effect immediately.
§ 3. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be adjudged by a court of compe-
tent jurisdiction to be invalid, such judgment shall not affect, impair
or invalidate the remainder thereof, but shall be confined in its opera-
tion to the clause, sentence, paragraph, subdivision, section or part
thereof directly involved in the controversy in which such judgment
shall have been rendered. It is hereby declared to be the intent of the
legislature that this act would have been enacted even if such invalid
provisions had not been included herein.
§ 4. This act shall take effect immediately provided, however, that
the applicable effective date of Parts A through F of this act shall be
as specifically set forth in the last section of such Parts.