S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9545
 
                           I N  A S S E M B L Y
 
                              March 20, 2024
                                ___________
 
 Introduced  by M. of A. BORES -- read once and referred to the Committee
   on Ways and Means
 
 AN ACT to amend the tax law, in relation to enabling any city  having  a
   population  of  one  million  or  more  to impose and collect taxes on
   vacant residential property
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  The  tax law is amended by adding a new section 1201-f to
 read as follows:
   § 1201-F. VACANCY TAX. (A) NOTWITHSTANDING ANY OTHER PROVISION OF  LAW
 TO  THE CONTRARY, ANY CITY HAVING A POPULATION OF ONE MILLION OR MORE IS
 HEREBY AUTHORIZED AND EMPOWERED TO ADOPT AND AMEND LOCAL  LAWS  IMPOSING
 IN  ANY  SUCH  CITY  A TAX SUCH AS THE LEGISLATURE HAS OR WOULD HAVE THE
 POWER AND AUTHORITY TO IMPOSE ON ANY RESIDENTIAL PROPERTY WHICH HAS BEEN
 VACANT FOR A PERIOD OF NOT LESS THAN ONE HUNDRED EIGHTY DAYS OR WHICH IS
 NOT THE PRIMARY RESIDENCE OF ANY INDIVIDUAL.  THE  TAX  ON  SUCH  VACANT
 RESIDENTIAL  PROPERTY  SHALL BE ONE AND ONE-HALF PERCENT OF THE ASSESSED
 PROPERTY VALUE FOR THE FIRST TWO YEARS OF SUCH VACANCY AND THREE PERCENT
 OF THE ASSESSED PROPERTY VALUE AFTER TWO YEARS OF SUCH VACANCY.
   (B) VACANCIES SHALL BE  AUTOMATICALLY  PRESUMED  EXCEPT  WHERE  A  TAX
 FILING CORRESPONDS TO AN ADDRESS OR, FOR TAX NON-FILERS, UPON SUBMISSION
 OF  AN  EXEMPTION  REQUEST  TO  THE  DEPARTMENT OF REVENUE OF SUCH CITY.
 EXEMPTIONS SHALL  REQUIRE  THE  SUBMISSION  OF  OTHER,  NON-TAX  FILING,
 DOCUMENTATION  OF  RESIDENCY  AT  THE  ADDRESS FOR THE DURATION REQUIRED
 INCLUDING BILLS, BANK STATEMENTS, PAY STUBS, A NOTARIZED LEASE, A LETTER
 FROM THE LANDLORD, OR AN INSURANCE POLICY.
   (C) THE FOLLOWING PROPERTIES SHALL BE  EXEMPT  FROM  THE  VACANCY  TAX
 ESTABLISHED PURSUANT TO SUBDIVISION (A) OF THIS SECTION:
   (I) PROPERTIES BUILT WITHIN THE PREVIOUS YEAR;
   (II) PROPERTIES WHERE A REGISTERED OWNER DIED IN THE PREVIOUS YEAR;
   (III)  PROPERTIES  UNDERGOING RENOVATION, PROVIDED THAT THE PERMIT FOR
 SUCH RENOVATIONS HAS BEEN FILED WITH THE CITY FOR THE YEAR THE  PROPERTY
 IS VACANT; AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11545-01-3
              

 A. 9545                             2
 
   (IV)  PROPERTIES  WHERE  THE  PREVIOUS  OCCUPANTS HAVE BEEN MOVED TO A
 HOSPITAL OR LONG TERM OR SUPPORTIVE CARE FACILITY AND WHERE THERE IS  AN
 EXPECTATION THAT SUCH OCCUPANTS MAY BE ABLE TO RETURN TO SUCH PROPERTY.
   (D)  ANY  SUCH LOCAL LAW MAY PROVIDE FOR EXCLUSIONS OR EXEMPTIONS FROM
 SUCH TAX OTHER THAN THOSE SPECIFIED IN THIS SECTION.
   (E) SUCH TAX MAY BE IMPOSED, ADMINISTERED, COLLECTED AND  ENFORCED  BY
 THE  COMMISSIONER  OF  FINANCE  OF  SUCH  CITY BY SUCH MEANS AND IN SUCH
 MANNER AS OTHER TAXES THAT ARE NOW IMPOSED, ADMINISTERED, COLLECTED  AND
 ENFORCED BY SUCH COMMISSIONER IN ACCORDANCE WITH THE CHARTER OR ADMINIS-
 TRATIVE  CODE  OF  ANY  SUCH CITY OR AS OTHERWISE MAY BE PROVIDED BY ANY
 SUCH LOCAL LAW.
   (F) IN THE CASE OF A WILLFULLY FALSE OR FRAUDULENT RETURN WITH  INTENT
 TO  EVADE  THE TAX, AN ADDITIONAL FEE OF TWO PERCENT OF THE MARKET VALUE
 OF THE PROPERTY.
   (G) REVENUES RESULTING FROM THE IMPOSITION OF TAX AUTHORIZED  BY  THIS
 SECTION  SHALL  BE  PAID INTO THE TREASURY OF ANY SUCH CITY AND SHALL BE
 CREDITED TO AND DEPOSITED IN THE GENERAL FUND OF ANY SUCH CITY  FOR  THE
 PURPOSE  OF THE CREATION OF A TAX CREDIT FOR PROPERTIES WITHIN SUCH CITY
 THAT DO NOT PAY A VACANCY TAX. THE AMOUNT OF SUCH CREDIT SHALL BE DETER-
 MINED BY THE DEPARTMENT OF TAXATION WITHIN SUCH CITY AND SHALL BE  BASED
 UPON THE PREVIOUS YEAR'S VACANCY TAX RECEIPTS.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.